“CRICKET WICKET STICKERS” PROMOTION

TERMS AND CONDITIONS

1. Information on how to enter, how to claim, and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. The Promoter is Australian Health & Nutrition Association Limited trading as Sanitarium Health Food Company (ABN 63 096 452 872) of 1 Sanitarium Drive, Berkeley Vale, NSW, 2261. Phone number: 1800 673 392.
3. Entry is only open to Australian residents aged 13 years or over.
4. 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.
5. Employees (and their immediate families) of the Promoter, Cricket Australia and agencies 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
6. The promotion commences on Wednesday 18th December and closes at 12.00pm AEDST on Friday 3rd January 2019 (“Promotional Period”).
7. Individuals must complete the following steps, during the Promotional Period:
   1. View the promotional ‘Weet-Bix’ Facebook post in their newsfeed or visit the Weet-Bix Facebook page (www.facebook.com/weetbix) directly and locate the promotional Facebook post. The promotional Facebook post will contain a link which will take individuals directly to the “Cricket Wicket Stickers” application (“Entry Application”) and then input the requested details into the entry form on the Entry Application (including their full name, telephone, address and email) and submit the fully completed entry form; -OR
   2. 1. Click on the link contained within promotional email from the Promoter which will take individuals directly to the Entry Application; and then
      2. Input the requested details into the entry form on the Entry Application (including their full name, telephone, address and email) and submit the fully completed entry form

8. 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.
9. Incomplete or indecipherable entries will be deemed invalid.
10. Multiple entries are permitted, subject to each entry being submitted separately and in accordance with entry requirements.
11. 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.
12. The draws will be conducted by a random electronic draw and take place at Sanitarium Health & Wellbeing, 1 Sanitarium Drive, Berkeley Vale at 3:00pm AEDST on Monday 6th January 2020. The winners will be notified by email within two (2) days of the draw and will be published at the Weet-Bix Facebook Page on Monday 6th January 2020.
13. The draws for any unclaimed prize/s will take place Sanitarium Health & Wellbeing, 1 Sanitarium Drive, Berkeley Vale, NSW, 2261 at 12:00pm AEDST on Wednesday 8th January 2020. The winners, if any, will be notified by email within 2 days of the draw and will be published at the Weet-Bix Facebook Page on Friday 10th January 2020.
14. This promotion is a game of chance and skill plays no part in determining the winner. All prize winners will be randomly drawn.
15. The Promoter’s decision is final and no correspondence will be entered into.
16. The number of prizes available totals five hundred (500), and the winners will be drawn randomly from the pool of entrants. The first number of valid entries drawn, in accordance with the total number of prizes available to be won (500), will each receive the prize of Wicket Stickers as advertised by the Promoter. Winners will be individual and there will be a total of five hundred (500) individual winners from this competition, entrants cannot win more than once.
17. Subject to the unclaimed prize draw clause, if for any reason a winner does not take / redeem a prize at the time stipulated by the Promoter, then the prize will be forfeited and will not be redeemable for cash.
18. The Promoter takes no responsibility for lost or stolen prizes.
19. If a winner is under 18 years of age the prize will be awarded to the winner’s nominated parent or guardian. Any person under 18 must be accompanied by their parent or guardian while attending the prize.
20. Total prize pool value is $975. Each prize is not transferable or exchangeable and cannot be taken as cash.
21. Entrants consent to the Promoter and Cricket Australia 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 and Cricket Australia.
22. 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 and Cricket Australia 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:
    1. 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;
    2. their Content shall not contain viruses or cause injury or harm to any person or entity;
    3. they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
    4. the Content is the original artistic or literary work of the entrant that does not infringe the rights of any third party;
    5. 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
    6. 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 and/or Cricket Australia for any breach of the above terms.
23. 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.
24. 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 2010 (Cth), as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 (Cth) 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 and Cricket Australia (including their respective officers, employees and agents) exclude 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.
25. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and Cricket Australia (including their respective officers, employees and agents) are not responsible for and exclude 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 or Cricket Australia’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 or Cricket Australia; (d) any variation in prize value to that stated in these Terms and Conditions; (e) if any Men’s Big Bash League cricket match is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter or Cricket Australia; (f) any tax liability incurred by a winner or entrant; or (g) use of the prize.
26. Any cost associated with accessing the promotional website (including via the Weet-Bix Facebook page) 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.
27. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook. Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.
28. 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 using the details in clause 2 or emailing [email protected]. All entries become the property of the Promoter. Visit http://www.sanitarium.com.au/privacy for the Promoter’s privacy policy, which includes details on 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.
29. If you have selected the option to receive information and offers from Cricket Australia, you understand and agree that Cricket Australia also collects your personal information, including on behalf of State or Territory cricket associations, including the Big Bash League teams (together, “Australian Cricket”) to communicate with you, and for any of the purposes set out in Australian Cricket’s Privacy Policy (available at cricket.com.au/privacy or by emailing [email protected]), and that the personal information you provide will be disclosed to and used by Australian Cricket under the terms of Australian Cricket’s Privacy Policy, which contains information about how you may access and seek to correct your personal information or complain about a breach of your privacy, and how Australian Cricket will deal with that complaint. Australian Cricket may disclose your personal information to other parties, including Australian Cricket’s third-party service providers. From time to time, these third parties may be located (and so your personal information may be disclosed) overseas, including in India, the USA and the UK, and other countries from time to time. Australian Cricket may use and disclose your personal information for direct marketing purposes, unless you opt out (which you can do at any time in accordance with Australian Cricket’s Privacy Policy), and for facilitating further offers directly from third parties if you opt in to receive those offers. You can request to access, update or correct any personal information AustralianCricket holds about you by writing to Cricket Australia’s Privacy Officer at 60 Jolimont Street, Jolimont, VIC, 3002 or sending an email to [email protected].

 

NSW Permit No. LTPM/19/04288

ACT Permit No. TP 19/03039