TERMS AND CONDITIONS

1) Information on how to enter, how to claim, the prize and gifts 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 residents aged 13 years or over. All guardians of participants under the age of 18 and any winners over the age of 18 will be required to verify their identity and date of birth at the time of claiming the prize. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter.

3) The promotion commences on Tuesday 5 July 2016 at 06:00pm AEST and closes on Sunday 10 July 2016 at 11:59pm (“Promotional Period”).

4) To enter, individuals must, during the Promotional Period, visit https://facebook.com/naturallynood/ and comment on the specified Naturally Nood Bars Facebook post which flavour of Naturally Nood Bars they like the best and why. There will be five winners announced after the promotion period who will each receive a Naturally Nood Prize pack containing 32 Naturally Nood bars of their chosen flavour.

5) The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) 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, 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.

6) Incomplete, indecipherable or otherwise inappropriate entries will be deemed invalid.

7) Only one (1) entry permitted per person. If a person enters more than once then only their first entry will be used for the purpose of the promotion.

8) 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.

9) There will be a total of five (5) winners chosen after the promotional period who will receive a Naturally Nood Bars Prize Pack containing 32 Naturally Nood bars of their chosen flavour (valued at $55 RRP).

10) The competition is a game of skill. The winners will be judged on creative merit by a panel at 1 Sanitarium Drive, Berkeley Vale, NSW on Monday 11 July at 12.00pm AEST. The winners will be notified via their Facebook post or private message within one (1) business day of the draw. The winners will be published at www.naturallynood.com/fbpromo within fourteen (14) days of the draw date.

11) Delivery of prizes may take up to 4 weeks from close of promotion period.

12) The Promoter’s decision is final and no correspondence will be entered into.

13) If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.

14) Subject to the unclaimed prize draw clause, if for any reason a winner does not take a/the prize by the time stipulated by the Promoter, then the prize will be forfeited if not claimed before 31/07/2016.

15) Total prize pool value is up to $280 RRP. Each prize, or any unused portion of a prize, is not transferable or exchangeable and cannot be taken as cash, unless specified otherwise.

16) A draw for any unclaimed prizes may take place three (3) months after the draw date at the same time and place as the original draw, subject to any directions from a regulatory authority. In the case of a winner, they will be notified via their Facebook post or private message within two (2) business days of the relevant draw. The winners (of a prize valued at over $250) will be published at www.naturallynood.com/fbpromo within fourteen (14) days of the draw date.

17) Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:

i) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;

ii) their Content shall not contain viruses or cause injury or harm to any person or entity;

iii) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;

iv) the Content is the original artistic or literary work of the entrant that does not infringe the rights of any third party;

v) they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
vi) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.

Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.

18) As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.

19) 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.

20) 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.

21) 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, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) 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.

22) Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and 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: (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 the prize.

23) Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. 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.

24) 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, 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. All entries become the property of the Promoter. Visit http://www.sanitarium.com.au/privacy for the Promoter’s privacy policy. Unless otherwise indicated by the Promoter, the Promoter may disclose personal information overseas, and it cannot guarantee that any overseas recipient will comply with the Australian Privacy Principles, and despite this, you consent for this to occur and agree not to hold the Promoter liable in this regard.

25) It is a condition of accepting the prize that the winner may be required to sign a legal release in a form determined by the Promoter in its absolute discretion.

26) If for any reason this competition becomes incapable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any reasonable action that may be available, and to cancel, terminate, modify or suspend the competition.

27) 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, 2261. Phone number: 1800 673 392.

NSW Permit No. LTPM/15/00980
ACT Permit No. TP15/07470