Up & Go – Win $50 Instantly (prize valued at $100,000)

UP&GO 500ML POCKET MONEY PROMOTION
TERMS AND CONDITIONS
1. Information on how to enter and the prizes form part of these Terms and
Conditions. Participation in this promotion is deemed acceptance of these
Terms and Conditions.
2. Entry is only open to Australian and New Zealand residents aged 13 years or
over.
3. Entrants under 18 years old must have parental/guardian approval to enter and
further, the parent/guardian of the entrant must read and consent to these
Terms and Conditions. Parents/guardians may be required by the Promoter to
enter into a further agreement as evidence of consent to the minor entering this
promotion (or collecting or accepting any prize the subject of this promotion).
4. Directors, officers, management and employees (and their immediate families)
of the Promoter and agencies, companies and participating retailers associated
with this promotion are ineligible to enter. Immediate family means any of the
following: spouse, ex-spouse, de-facto spouse, child or step-child (whether
natural or by adoption), parent, step-parent, grandparent, step-grandparent,
uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first
cousin.
5. The promotion commences at 9:00am AEST (which is 11:00am NZST) on 14
October 2019 and entries close at 8:00pm AEST (which is 10:00pm NZST) on
17 December 2019 (Promotional Period).
Entry instructions
6. To enter, individuals must during the Promotional Period:
a) purchase a specially marked 500ml UP&GO bottle (Participating
Bottle) from any physical retail store that sells a Participating Bottle,
collect the itemised purchase receipt and locate the unique code on the
reverse of the printed label on the Participating Bottle; and
b) visit upandgopocketmoney.com, follow the prompts to the promotion entry
page and fully complete and submit the online entry form (including
providing the unique code listed on the reverse of the printed label on the
Participating Bottle, their name, date of birth and email), and upon
submitting their online entry will immediately find out if they are an instant
winner.
7. For the avoidance of doubt, an entry submitted using a unique code from a
Participating Bottle purchased from an online platform (including but not limited
to the Promoter’s online store) will not constitute a valid entry.
8. Each Participating Bottle will have one (1) unique code (located on the reverse
of the printed label on the Participating Bottle).
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9. The Promoter reserves the right, at any time, to verify the validity of entries and
entrants (including an entrant’s identity, age, place of residence and place of
employment) and reserves the right, in its sole discretion, to disqualify any
individual who the Promoter has reason to believe has breached any of these
Terms and Conditions, is ineligible to enter the promotion, or has tampered with
the entry process or engaged in any unlawful or other improper misconduct
calculated to jeopardise fair and proper conduct of the promotion. Failure by the
Promoter to enforce any of its rights at any stage does not constitute a waiver
of those rights. The Promoter’s legal rights to recover damages or other
compensation from such an offender are reserved. Winners (or if the winner is
under 18 years of age their parent or guardian on their behalf) must upon
request supply suitable identification before the Promoter delivers the prize.
10. Entrants must retain the label from the Participating Bottle, itemised purchase
receipt and unique code(s) for all entries as proof of purchase. Failure to
provide proof of purchase upon request may, at the discretion of the Promoter,
result in an invalidation of all of an entrant’s entries and ability to win any
prize(s). Proof of purchase must be identical to that provided with the entry.
Each purchase receipt must clearly identify where the Participating Bottle was
purchased, the product/s purchased (which must be Participating Bottle/s) and
the date of purchase. If a Participating Bottle is purchased before the start of
the Promotional Period then the purchaser may retain the unique code from
such Participating Bottle and use it to submit an entry during the Promotional
Period. If, in the Promoter’s opinion, an entrant has shared any proof of
purchase with another person, all affected entries will be invalid and will lose
any right to a prize.
11. The Promoter is not liable for entries, prize claims or correspondence that are
misplaced, misdirected, delayed, lost, incomplete, indecipherable or incorrectly
submitted.
12. Limit on entries
a) Only four (4) entries are permitted per household per day.
b) Each unique code is valid for only one entry into the promotion and must
be submitted in accordance with the entry requirements set out in these
Terms and Conditions.
13. If there is a dispute as to the identity of an entrant, the Promoter reserves the
right, in its sole discretion, to determine the identity of the entrant.
Winners
14. Winner determination
a) Upon submitting their entry, an entrant will be notified immediately if they
have provisionally won, and what prize they have won.
b) A confirmation email will be sent to the email address provided by the
winner.
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c) A list of all winners will be published online at upandgopocketmoney.com
from 16 January 2020 for a period of 28 days.
15. To claim a prize, a winner must do either of the following before 8:00pm AEST
(which is 10:00pm NZST) on 15 January 2020 (Prize Claim Date):
a) access the confirmation email sent to the email address they have
provided, and follow the instructions contained within that email to arrange
delivery of the prize; or
b) follow the instructions on the winner notification screen to immediately
click through to the provisional winners’ page for details on how to provide
bank account details for the delivery of the prize.
Prizes
16. The instant win cash prizes comprise (across Australia and New Zealand) 2,000
x AUD/NZD$50 individual cash prizes and are randomly awarded based on pre-
determined times by a computerised system housed at Level 2, 27 St Edmonds
Rd Prahran VIC.
17. Cash prizes will be paid in either Australian dollars or New Zealand dollars
based on the residence of the winner, to the bank account as nominated by the
winner or, if a winner of any prize is under the age of 18 years, as nominated
by the winner’s parent or guardian on the winner’s behalf.
18. The Promoter will transfer the prize to each winner no later than 28 days after
the date on which the relevant winner provides their bank account details to the
Promoter.
19. Subject to the unclaimed prize draw clause, if for any reason a winner does not
take or claim a prize (or an element of a prize), including by reason of failing to
provide their bank details to the Promoter by the time stipulated by the
Promoter, then the prize will be forfeited.
20. Total prize pool value is up to AUD/NZD$100,000 (across Australia and New
Zealand).
21. Prizes are not transferable or exchangeable, unless otherwise specified.
22. A draw for any prize/s which are unclaimed (in accordance with clause 15) by
the Prize Claim Date may take place from amongst all non-winning entries on
16 January 2020 at 1:00pm AEST (which is 3:00pm NZST) at Level 2, 27 St
Edmonds Rd Prahran VIC, subject to any directions from a regulatory authority.
Unclaimed prize/s will be awarded to randomly drawn entrants. In the case of
a winner, they will be notified in writing within two (2) business days of the draw.
The winner/s will be published at upandgopocketmoney.com on 16 January
2020 for a period of 28 days.
General
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23. The Promoter’s decision is final and no correspondence will be entered into.
24. Entries must be received during the Promotional Period and will be deemed to
be received only when received by the Promoter. If an entrant returns a
Participating Bottle their entry may be deemed invalid at the Promoter’s
discretion (unless the product is defective). Automatically generated entries or
entrants who enter using multiple phone numbers/email
addresses/addresses/aliases may be disqualified.
25. Quality control errors will not invalidate an otherwise valid instant win prize
claim. Unless otherwise due to fraud or ineligibility under these Terms and
Conditions, all instant win prize claims in excess of the advertised prize pool
will be honoured. Instant win game entries will be void if the unique code used
to enter was on a Participating Bottle that was stolen, or the entry was otherwise
forged, mutilated or tampered with in any way.
26. Entrants consent to the Promoter using their name, likeness, image and/or
voice in the event they are a winner (including photograph, film and/or recording
of the same) in any media for an unlimited period without remuneration for the
purpose of promoting this promotion (including any outcome), and promoting
any products manufactured, distributed and/or supplied by the Promoter.
27. By entering, entrants request that their full address not be published.
28. Participants must not:
a) tamper with the entry process;
b) engage in any conduct that may jeopardise the fair and proper conduct
of the promotion;
c) act in a disruptive, annoying, threatening, abusive or harassing manner;
d) do anything that may diminish the good name or reputation of the
Promoter or any of its related entities or of the agencies or companies
associated with this promotion;
e) breach any law; or
f) behave in a way that is otherwise inappropriate.
29. If this promotion is interfered with in any way or is not capable of being
conducted as reasonably anticipated due to any reason beyond the reasonable
control of the Promoter, including but not limited to technical difficulties,
unauthorised intervention or fraud, the Promoter reserves the right, in its sole
discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or
(b) subject to any written directions from a regulatory authority, to modify,
suspend, terminate or cancel the promotion, as appropriate.
30. Nothing in these Terms and Conditions limits, excludes or modifies or purports
to limit, exclude or modify the statutory consumer guarantees as provided
under the Competition and Consumer Act (Cth), as well as any other
implied warranties under similar consumer protection laws in the States
and Territories of Australia and in New Zealand (Non-Excludable
Guarantees).
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31. Except for any liability that cannot by law be excluded, including the Non-
Excludable Guarantees, the Promoter (including its respective officers,
employees and agents):
a) excludes all liability (including negligence), for any personal injury, or any
loss or damage (including loss of opportunity) whether direct, indirect,
special or consequential, arising in any way out of the promotion; and
b) without limiting clause 31a), is not responsible for and excludes all
liability in any way out of: (a) any technical difficulties or equipment
malfunction (whether or not under the Promoter’s control); (b) any theft,
unauthorised access or third party interference; (c) any entry that is late,
lost, altered, damaged or misdirected (whether or not after their receipt
by the Promoter) due to any reason beyond the reasonable control of
the Promoter; (d) any variation in prize value to that stated in these
Terms and Conditions; (e) any tax liability incurred by a winner or
entrant; or (f) use of a prize.
32. The Promoter is not responsible for any tax implications arising from the
winning of prizes. Winners should seek independent financial advice. If for
GST purposes this promotion results in any supply being made for non-
monetary consideration, entrants must follow the Australian Taxation Office’s
stated view that where the parties are at arm’s length, goods and services
exchanged are of equal GST inclusive market values.
33. Any cost associated with accessing the promotional website is the entrant’s
responsibility and is dependent on the Internet service provider used. The
Promoter is not liable for any problems with communications networks. The
use of any automated entry software or any other mechanical or electronic
means that allows an entrant to automatically enter repeatedly is prohibited and
will render all entries submitted by that entrant invalid.
34. This promotion is in no way sponsored, endorsed or administered by, or
associated with any social media platform, including Facebook, Instagram and
Twitter. Entrants provide their information to the Promoter and not to any social
media platform. Entrants completely release any relevant social media
platforms from any and all liability.
35. The Promoter collects personal information in order to conduct the promotion
and may, for this purpose, disclose such information to third parties, including
but not limited to agents, contractors, service providers, prize suppliers and, as
required, to Australian regulatory authorities, and may also use and handle
personal information as set out in its privacy policy. Entry is conditional on
providing this information. The Promoter may, for an indefinite period, unless
otherwise advised by the entrant, use the information for promotional,
marketing, publicity, research and profiling purposes, including sending
electronic messages or telephoning the entrant. Entrants should direct any
request to opt out, access, update or correct information to the Promoter using
the details in clause 36 or emailing CustomerRelations@Sanitarium.com.au.
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All entries become the property of the Promoter. Visit
http://www.sanitarium.com.au/corporate/privacy for the Promoter’s privacy
policy, which contains information about how entrants may seek to access or
correct their personal information held by the Promoter or complain about a
breach of their privacy, and how the Promoter will deal with that complaint. The
Promoter may share personal information with third parties located outside of
Australia, including the United States of America and New Zealand. While such
third parties will often be subject to privacy and confidentiality obligations, such
obligations may be less stringent than the requirements under Australian
privacy laws and the Promoter cannot guarantee that the recipient will comply
with Australian privacy laws, and despite this, an entrant consents for this to
occur and agrees not to hold the Promoter liable in this regard.
36. The Promoter is Australian Health & Nutrition Association Limited trading as
Sanitarium Health & Wellbeing Company (ABN 63 096 452 872) of 1 Sanitarium
Drive, Berkeley Vale, NSW, Australia 2261 / New Zealand Health Association
Limited trading as Sanitarium Health & Wellbeing Company of 124 Pah Road,
Royal Oak, Auckland 1023, NZ. Australia Phone Number: 1800 673 392. New
Zealand Phone Number: 0800 100 257.
NSW Permit No. LTPS/19/33814
SA Permit No. T19/576
ACT Permit No. TP 19/03126