CELEBRATE LIFE EVERY DAY WITH SWISSE AND OPRAH WINFREY PROMOTION (Promotion) Terms and Conditions 1. Information on how to enter and prize information form part of these terms and conditions of entry (Conditions of Entry). 2. Entry into the promotion is deemed acceptance of these Conditions of Entry. 3. The entrant is responsible for ensuring his or her familiarity with the Conditions of Entry at the time of participation. The Promoter s decision not to enforce a specific restriction (whether communicated to an entrant or not) does not constitute a waiver of that restriction or of the Conditions of Entry generally. 4. All entrants acknowledge that the Promoter can rely on these Conditions of Entry even if the Promoter only learns of a person s ineligibility after the Promoter has awarded a prize to the ineligible person. Return of a prize or payment of its equivalent value to the Promoter may be required by the Promoter if this occurs. 5. The Promoter s decision in relation to any aspect of these Conditions of Entry and the Promotion is final and binding on every person who enters. No correspondence will be entered into. 6. The Promoter is Swisse Wellness Pty Ltd (ABN: 62 004 926 005) of 111 Cambridge Street, Collingwood, Victoria 3066 (Promoter). PROMOTION PERIOD 7. The Promotion will commence at 00:01 AEDT on Wednesday 16/12/2015 and conclude at 23:59 AEDT on Sunday 17/01/2016 (Promotion Period). WHO CAN ENTER 8. Entry in the Promotion is only open to New Zealand residents aged 18 years or older who have valid and ongoing access to a non-commercial (individuals only) Instagram and/ or Facebook account (Eligible Entrants), excluding: (a) management, employees, directors and contractors of the Promoter, its related entities, the participating outlets and other agencies, firms or companies associated with the Promotion (including suppliers of prizes); (b) a spouse, de-facto spouse, parent, guardian, child or sibling of a person referred to in paragraph 8(a) of these Conditions of Entry; or (c) persons who have breached the terms and conditions of any promotion run by or on behalf of the Promoter, The persons referred to in paragraph 8(b) of these Conditions of Entry includes natural and non-natural relations (in the opinion of the Promoter) and the Promoter is responsible for determining whether a person is an Eligible Entrant in its absolute discretion. HOW TO ENTER 1 P age
9. To enter and be eligible for an opportunity to win, Eligible Entrants must, during the Promotion Period enter the competition on Facebook and/ or Instagram by following the steps set out below. INSTAGRAM ENTRY PROCEDURE: To enter the Promotion via Instagram, Eligible Entrants must complete the following steps: 1) login or sign up to Instagram. The Instagram account must be set to public; 2) upload a picture of themselves showing how they Celebrate Life Every Day; 3) communicate in 25 words or less how they Celebrate Life Every Day; 4) tag @swissenz and hashtag #swisselovesoprah and #entry; and 5) share their post on Instagram. FACEBOOK ENTRY PROCEDURE: To enter the Promotion via Facebook, Eligible Entrants must complete the following steps: 1) login or sign up to Facebook; 2) upload a picture of themselves showing how they Celebrate Life Every Day; 3) communicate in 25 words or less how they Celebrate Life Every Day; 4) post the message to the Swisse Facebook page at www.facebook.com/swisse and include the hashtag #swisselovesoprah in the post to enter. 10. A valid entry will be deemed to be received at the time when the entry appears in the #swisselovesoprah feed and not at the time of the transmission. No responsibility will be taken for late or lost, misdirected, indecipherable, incorrect or incomplete entries. 11. Entry is via Instagram or Facebook with the relevant hashtags as part of the entry mechanism. 12. Any costs associated with uploading the photos to social media are the sole responsibility of Eligible Entrants. 13. The Promoter is not responsible for technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times. 14. Terms and Conditions are available on the Swisse website. ENTRY MATERIALS AND CONSENT 15. The Promoter may copy, reproduce, publish, display, alter or distort the content, and use it for any purpose (including without limitation, any future promotions or campaigns involving the Promoter) at any time in the future, and via any media. 16. Entrants agree to have their name and state published on the Promoter s social media channels or website. 17. Entrants release both Facebook and Instagram from any liability arising in connection with this Promotion. Entrants acknowledge that the Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. 18. Entrants agree and consent to their entry, including their name and any text accompanying their photo, being uploaded to, published or re-published on any Promoter s social media channels or websites during and after the Promotional Period, including but not limited to Facebook, Instagram, Twitter and www.swisse.com.nz 19. Entrants agree that they are fully responsible for any materials they submit via the Promotion 2 P age
(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: (a) 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; (b) their Content shall not contain viruses or cause injury or harm to any person or entity; (c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content; (d) the Content is the original work of the entrant that does not infringe the rights of any third party; (e) they consent to any use of the Content which may otherwise infringe the Content creator s/creators moral rights and warrant that they have the full authority to grant these rights; and (f) 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. TOTAL NUMBER OF ENTRIES FOR PROMOTION 20. There is no limit on the total number of entries the Promoter may receive for this Promotion. MAXIMUM NUMBER OF ENTRIES PER ENTRANT 21. Eligible Entrants are permitted a maximum of one (1) entry in the Promotion, regardless of social media channel used to enter. Eligible Entrants may only use one (1) Instagram or Facebook account to enter the Promotion. JUDGING & JUDGING CRITERIA 22. Valid entries will be individually judged by a Swisse representative selected by the Promoter at Swisse Wellness Pty Ltd 111 Cambridge Street, Collingwood, Victoria 3066 by 5:00pm AEDT on Thursday 21/01/16. 23. One (1) winner will be selected based on the individuality and originality of their entry and through their description of how they celebrate life every day in the most positive and uplifting way. 24. The judge s decision is final and no correspondence will be entered into. VERIFICATION 25. If requested by the Promoter, Eligible Entrants must produce, within the time requested by the Promoter at its absolute discretion, appropriate photo identification or other documentation required by the Promoter to verify their identity, age, eligibility to enter the Promotion and claim a prize (if selected) and confirm compliance with these Conditions of Entry 26. If the items required by the Promoter are not received or an entrant has not been verified to the satisfaction of the Promoter within the time period required by the Promoter, the entry 3 P age
submitted by the entrant will be deemed invalid. 27. The winner of this game of skill will be awarded at the sole discretion of three Swisse employees following all validation and verification requirements of the Promoter being met to its satisfaction. In the event that the Eligible Entrant cannot provide suitable validation or verification, the Eligible Entrant will forfeit their right to a Prize and no substitute will be offered. PRIZE DETAILS & PRIZE RESTRICTIONS 28. As this is a game of skill, chance plays no part in determining the winner. 29. The major prize is for one (1) winner and one (1) companion and includes: (a) return economy airfares from the winner s closest capital city to Auckland, New Zealand; (b) car transfers from Auckland airport to Boathouse Row; (c) one (1) night stay at Boathouse Row including dinner hamper and breakfast; (d) one (1) hour Yoga class with guest appearance from Rebecca Wadey; (e) one (1) night stay at SKYCITY Grand hotel, including breakfast for two at Gusto; (f) two (2) x Swisse facial at East Day Spa; and (g) transfers from Boathouse Row to SKYCITY grand and SKYCITY Grand to Auckland airport. 30. Boat House Row Hotel, yoga session with Rebecca Wadey, SKYCITY Grand Hotel and East Day Spa are each subject to availability. May not be combined with any other voucher or offer. Bookings should be made at least 45 days in advance. Valid for 6 months from date of prize draw, some block out dates apply. Prize is not transferable and has no cash value. 31. Both people travelling must be aged 18 years or older. 32. Travel is subject to availability at all times and may be dependent on select seat class with airlines or specific room category availability with accommodation provider. 33. All aspects of the Prize (including travel and accommodation) are for two (2) people travelling together at all times. 34. Frequent flyer points will not form part of a Prize. 35. The winner and their travel companion must be able to travel on the selected dates and have a valid passport or they will be unable to claim the prize. 36. Any costs incurred in sourcing visas and/or passports are the responsibility of the winner and his/her travel companion. 37. Prize is not exchangeable or redeemable for cash. Prize must be taken as offered and may not be varied. Prize cannot be exchanged for other travel, flights or accommodation at other destinations. 38. All components of the Prize must be taken together as a single trip to be booked by the Promoter. 4 P age
39. Once the Prize is booked, no changes can be made. 40. In the event for any reason the Prize winner does not take an element of the Prize at the time stipulated by the Promoter then that element of the Prize will be forfeited by the Prize winner and no substitute or compensation will be supplied in lieu of that element of the Prize. 41. Winner must hold a valid credit card and present it on check in at the accommodation establishment, to cover any incidental hotel charges. 42. The Prize does not (except as expressly stated) include: (a) any transport between winner s residence and the departure airport (if applicable); (b) any overnight accommodation while travelling to the departure airport or destination (if applicable); (c) any other travel or accommodation; (d) any incidental hotel charges (such as mini-bar charges, telephone calls, in house movies, food and beverages); (e) any insurance (such as travel or health cover), however the Promoter requires the Prize winner and their travelling companion cover themselves with full travel insurance valid for domestic travel (if applicable). Receipt of insurance for all persons travelling must be supplied to the Promoter prior to travel. Should prize winner or their travelling companion fail to take out travel insurance, the Promoter will require them to sign a waiver prior to travel; (f) any vaccinations or other medical or health related services; and (g) any other ancillary costs which may be incurred by those travelling. 43. As a condition of accepting the Prize, the Prize winner and companion must sign any legal documentation as and in the form required by the Promoter and/or Prize providers in their absolute discretion, including but not limited to a legal release and indemnity form. 44. Participation in the Prize is subject to such other terms and conditions as may be imposed by those involved in providing other goods or services included in the Prizes (Third Party Terms). 45. Prize participants are responsible for compliance with all applicable Third Party Terms and bear all risks associated with failure to comply with any of them. They will be required to maintain an acceptable standard of behaviour while a participant in a Prize. The Promoter assumes no liability (and will provide no compensation) to the Prize winner and/or travel companion who, as a result of any failure to comply with any Third Party Terms: (a) is unable to participate in the Prize (or any part of it); or (b) suffers any other loss or damage. 46. Prize cannot be sold, transferred, scalped, auctioned, raffled, pledged, or promoted as an incentive or reward by any third party as an inducement for any person or other entity to enter into any commercial or other arrangements with that third party. If the Prize is obtained through any of these methods, it will not be honoured. TOTAL PRIZE POOL 47. $NZD3,300.00* 5 P age
*Subject to Availability. One prize only awarded. NOTIFICATION OF WINNER 48. The Prize winner will be notified via private Instagram message on Instagram or Facebook comment via Facebook, dependent on what social media platform they entered after 9:00am AEDT Wednesday 27 th January 2016. PUBLICATION DATES 49. The prize winner s details will be published on the Swisse Instagram and Facebook page on Friday 5 th February 2016 PRIZE CLAIM DATES 50. The prize must be claimed (by the winner making contact with Swisse providing proof of entry and delivery address details) by 4pm AEDT Wednesday 10th February 2016. UNCLAIMED PRIZE (IF ANY) 51. If the prize winner does not claim their Prize by 4pm AEDT Friday 19th February 2016, the winner forfeits the prize and a runner-up replacement winner may be notified. NOTIFICATION OF RUNNER-UP WINNER (IF ANY) 52. A runner-up Prize winner, if any, will be: GENERAL (a) depending on how they entered the competition, be notified either by private message through Instagram or Facebook comment through Facebook; and (b) advertised on the Swisse Instagram and Facebook after 9:00am AEDT on Monday 29 th February 2016. 53. Acceptance and use of the Prize is subject to terms and conditions imposed by those involved in providing goods and/or services as part of or in connection with the Prize. 54. If more than one person attempts to claim the Prize, the Promoter has sole and absolute discretion to determine which of those persons the winning entrant is. 55. The Promoter shall not be liable for the Prize being lost, stolen, damaged or tampered with in any way before they reach the winner or after they have been released to the winners. 56. The Promoter accepts no responsibility whatsoever for any variation in the value of the Prize from the time of printing the Promotion materials. 57. If the Promoter is unable to provide the winner with the Prize, the Promoter reserves its rights to supply an alternative prize of similar monetary value to the Prize, subject to any directions given by State and/or Territory Gaming Departments. 58. The Promoter accepts no responsibility for any entries not received for any reason during the Promotion Period. No responsibility will be taken for lost, late or misdirected entries. The Promoter does not warrant that the entry mechanisms will be available at all times during the Promotion Period. 59. If, for any reason, the Promotion is not capable of being run as planned, including (but not 6 Page
limited to) due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter reserves the right in its absolute discretion to take any action that may be available to it, including cancelling, terminating, modifying or suspending the Promotion. 60. Any entrant who in the opinion of the Promoter, tampers or interferes with the entry or judging mechanism in any way, engages in any unlawful or improper conduct which jeopardises or is likely to jeopardise the fair or proper conduct of the Promotion, or who does not properly comply with the entry process, will be ineligible to win. 61. The: (a) Promoter, the Promoter s related entities and all agencies associated with the Promotion; and (b) The employees, agents, directors and contractors, of all entities referred to in paragraph 61(a), shall not be liable for any loss or claim, action, demand, liability, damage, cost, expense or personal injury whatsoever (including but not limited to any direct, indirect or consequential loss), incurred, suffered or sustained by any person or entity (without limitation) in connection with, or arising from, the Promotion or the acceptance or use of the Prizes, except that which cannot be excluded by law (in which case that liability is limited to the maximum extent allowable by law). 62. The Promoter accepts no responsibility for any tax liabilities that may arise from winning or receiving the benefit of the Prize. 63. Prize winner must, at the Promoter s request, participate in any Promotion activity (such as publicity and photography) relating to the winning of the Prize, free of charge, and they consent to the Promoter using their name and imagery in any future promotional material. 64. CAUTION: Any attempt to deliberately undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the promoter reserves the right to seek damages to the fullest extent permitted by law. PERSONAL INFORMATION 65. Immediately upon submission by an entrant, Promoter will obtain a non-exclusive license to use their entry. 66. All information entrants provide (Personal Information) will be used by the Promoter for the purpose of administering this Promotion and contacting and verifying the winner. 67. The Promoter may disclose entrants Personal Information (contact details only) to their contractors and agents to assist in conducting this Promotion and as required, to Australian and New Zealand regulatory authorities. PRIVACY POLICY 68. Entrants may view the Promoter s privacy policy by visiting www.swisse.com The privacy policy details how a privacy complaint can be made. 69. The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1988 (The Privacy Amendment (Enhancing Privacy Protection) Act 2012) as well as any other applicable laws. 7 P age
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