Terms and Conditions of Entry for the “VIP Hydralyte & Cronulla Sharks Experience” (Promotion)

  1. Information on how to enter and Prize (defined below) information form part of these terms and conditions of entry (Conditions of Entry).
  1. Entry into the promotion is deemed acceptance of these Conditions of Entry.
  1. The Eligible Entrant (defined below) 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.
  1. All Eligible 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 the Prize to the ineligible person. Return of the Prize or payment of its equivalent value to the Promoter may be required by the Promoter if this occurs.
  1. 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.
  1. The promoter is Care Pharmaceuticals Pty Ltd (ABN: 30 009 200 604) of Suite 302, Level 3 59-75 Grafton St, Bondi Junction, NSW 2022 (Promoter).

PROMOTION PERIOD

  1. The Promotion will commence at 11:00 AEST on 24/07/2016 and conclude at 23:59 AEST on 24/07/2016 (Promotion Period).

WHO CAN ENTER

  1. Entry in the Promotion is only open to Australian residents aged 18 years or older, excluding:
    1. management, employees, directors and contractors of the Promoter, its related entities, and other agencies, firms or companies associated with the Promotion (including suppliers of prizes);
    2. a spouse, de-facto spouse, parent, guardian, child or sibling of a person referred to in clause 8(a) of these Conditions of Entry;
    3. persons who have breached the terms and conditions of any promotion run by or on behalf of the Promoter,

(Eligible Entrants). The persons referred to in clause 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. To enter and be eligible to win, Eligible Entrants must, during the Promotion Period:
    1. Attend the Cronulla Sharks vs the Newcastle Knights game on the 24th July 2016 at Southern Cross Group Stadium in Woolooware, NSW;
    2. locate the Pixta Staff at the Pixta device/platform, and have one of the Pixtra Staff take a photograph of the eligible entrant using the Eligible Entrant’s mobile phone/tablet/camera (“Photo“); and then
    3. Upload this Photo to their personal Facebook, Twitter or Instagram account, and include the hashtag “#hydralytesports” in the caption field.
  1. The public profile of the Instagram, Twitter or Facebook account used to enter must contain sufficient personally identifiable information to adequately identify the Eligible Entrant. Each Eligible Entrant warrants to the Promoter that the Photo and any other content submitted in their entry does not infringe the rights of any third party. All content must comply with and is subject to the provisions contained in clause 35.
  1. The Promoter is not responsible for technical difficulties with the entry mechanism, including Pixta or personal device malfunctions or glitches, and does not warrant that the entry mechanism will be available at all times.
  1. Incomplete, ineligible, indecipherable or incorrect entries (as determined by the Promoter in its absolute discretion) are not eligible to win.

VERIFICATION

  1. Eligible Entrants must retain their Photo on their personal Facebook, Instagram or Twitter account (as applicable) until the draw has taken place on 25/07/2016 at 12 noon AEST.
  1. If requested by the Promoter, Eligible Entrants must produce, within the time requested by the Promoter at its absolute discretion:
    1. appropriate photo identification or other documentation, required by the Promoter to verify their identity, age, eligibility to enter the Promotion and claim the Prize (if drawn) and compliance with these Conditions of Entry; and
    2. their Photo that they shared on their personal Facebook, Instagram or Twitter account.
  1. If the items required by the Promoter are not received or an Eligible Entrant has not been verified to the satisfaction of the Promoter within the time period required by the Promoter, the entry(s) submitted by the Eligible Entrant will be deemed invalid.
  1. The Prize will only be awarded 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 the Prize and no substitute will be offered.
  2. Eligible Entrants can only enter the Promotion in their own name. Eligible Entrants who attempt to enter the Promotion using different names or contact details will be ineligible to win.

PRIZE DRAW AND PRIZE INFORMATION

  1. The prize draw will be conducted at Bastion EBA, 180 Commonwealth St, Surry Hills, NSW, Australia (Draw Location) from all valid entries received during the Promotion Period by a representative of the Promoter at 12 noon AEST on 25/07/2016 (Prize Draw).
  1. The first Eligible Entrant with a valid entry drawn in the Prize Draw will win the following prize, valued at $600 (Prize):
    1. Two (2) x Hospitality tickets to the Cronulla Sharks vs the Canberra Raiders game on the 6th August 2016 at Southern Cross Group Stadium in Woolooware, NSW;
    2. Two (2) x passes to a guided tour of the Cronulla Sharks change rooms and facilities at Southern Cross Group Stadium on the 6th August 2016;
    3. One (1) x nights’ accommodation for two (2) people (in a shared room) at the Rydges Hotel Cronulla on the 6th August 2016; and
    4. A Limo transfer from the accommodation to the Cronulla Sharks vs Raiders game on the 6th August 2016.
  1. Prize is valid for only the 6th of August 2016. The Prize winner must make their own way to/from Cronulla NSW in order to take the Prize, and any cost associated with travel to/from Wooloware, NSW (including but not limited to flights, transfers or additional accommodation) will be the responsibility of the Prize winner and will not be borne by the Promoter. Spending money, meals, insurance, transport to and from departure point, additional transfers, items of a personal nature, in-room charges (including but not limited to food, beverages and pay TV/movies) and all other ancillary costs are not included. During the entire duration of the Prize, a nominated parent/guardian must accompany any person under 18 years of age. The Promoter will not cover any expenses whatsoever incurred by an accompanying parent/guardian (unless the parent/guardian is the Prize winner’s nominated travel companion). Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the Prize. The Prize winner or his/her parent/guardian or nominated travel companion (or parent/guardian of the nominated travel companion) may be required to present their credit card at time of accommodation check in.
  2. Prize must be taken as stated.
  1. As a condition of accepting the Prize, the Prize winner and any 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. In the event the prize winner’s companion is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf.
  1. Acceptance and 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 Prize (Third Party Terms).
  1. Prize winner is responsible for compliance with all applicable Entry Requirements and Third Party Terms and bears all risks associated with failure to comply with any of them. Prize winner will be required to maintain an acceptable standard of behaviour while a participant in their Prize. The Promoter assumes no liability whatsoever (and will provide no compensation) to a Prize winner and/or any nominated travel companion (or a parent/guardian accompanying the Prize winner or the nominated travel companion) who, as a result of any failure to comply with any Entry Requirements or Third Party Terms:
    1. is unable to participate in the Prize (or any part of it); or
    2. suffers any other loss or damage.
  1. Subject to the unclaimed Prize draw clause, in the event that for any reason the Prize winner or nominated companion does not take the Prize (or an element of their Prize) at/by the time stipulated by the Promoter then that Prize (or that element of the Prize) will be forfeited by the Prize winner and cash will not be supplied in lieu of that element of the Prize.
  1. The Prize, or components of the Prize, are not transferable or exchangeable and cannot be taken as cash. Prize must be taken as offered and may not be varied.
  1. The Prize cannot be sold, scalped, auctioned, raffled, pledged, or promoted by the prize winner 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 a Prize is obtained through any of these methods, it will not be honoured.

NOTIFICATION OF WINNER

  1. Prize winner will be:
    1. notified by a direct message to the prize winner via the relevant social media channel they used to enter (i.e. Facebook, Instagram or Twitter) on the 25/07/2016. The winner will then be required to contact the Promoter in order to accept their Prize; and
    2. published online at https://www.facebook.com/HydralyteSportsAustralia from 25/07/2016.

UNCLAIMED PRIZE DRAW (IF ANY)

  1. If a Prize is won by an Eligible Entrant and they do not claim their Prize or their Prize is returned to the Promoter by 12 noon AEST on 28/07/2016, a random re-draw will be conducted on that date and time at Bastion EBA 180 Commonwealth St Surry Hills NSW 2010 by a representative of the Promoter from all remaining entries received in the Promotion, subject to any directions from the relevant State and Territory Gaming Departments (Re-Draw).

NOTIFICATION OF RE-DRAW WINNER/S (IF ANY)

  1. Re-Draw winner, if any, will be:
    1. notified by a direct message to the winner via the relevant social media channel they used to enter (i.e. Facebook, Instagram or Twitter) within two (2) days of the Re-Draw. The winner will then be required to contact the Promoter in order to accept their Prize; and
    2. published online at https://www.facebook.com/HydralyteSportsAustralia from 28/07/2016.

GENERAL

  1. The total value of the Prize available to be won in the Promotion is AUD$600 (including GST).
  1. Each Photo uploaded to an eligible social channel, using the specified promotional hashtag (in accordance with clause 9) counts towards one (1) entry only. For example, if an Eligible Entrant makes two (2) Photo uploads with the specified promotional hashtag (in accordance with clause 9) this will constitute two (2) entries.
  1. Eligible Entrants may enter the Promotion multiple times, however, each entry must be in respect of a unique Photo.
  1. 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 Eligible Entrant is.
  1. Entrants agree that they are fully responsible for any materials they submit via the Promotion including but not limited to Photos (“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. Eligible 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. 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
    5. 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 Eligible Entrant agrees to indemnify the Promoter for any breach of the above terms.

  1. As a condition of entering this Promotion, each Eligible 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.
  1. . The Promoter shall not be liable for the Prize being lost, stolen, damaged or tampered with in any way before it reaches the Prize winner or after it has been released to the Prize winner.
  1. If the Promoter is unable to provide the Prize winner with the Prize, the Promoter reserves its right to supply an alternative prize of equal monetary value to the Prize, subject to any directions given by State and / or Territory Gaming Departments. Winner will not be entitled to any additional compensation in the event the Prize or element of the Prize has been substituted at equal or greater value.
  1. 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, undelivered or misdirected entries. The Promoter does not warrant that the entry mechanisms will be available at all times during the Promotion Period.
  1. If, for any reason, the Promotion is not capable of being run as planned, including (but not 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, subject to State and Territory regulations, including cancelling, terminating, modifying or suspending the Promotion.
  1. Any entrant who, in the opinion of the Promoter, tampers or interferes with the entry or draw 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 disqualified and will be ineligible to win.
  1. The:
    1. (a) Promoter, the Promoter’s related entities and all agencies associated with the Promotion; and
    2. (b) employees, agents, directors and contractors, of all entities referred to in clause 42(a), – (to the maximum extent permitted by law) 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 or indirect loss, costs, damages or expenses, including consequential loss, costs, damages or expenses,
      incurred, suffered or sustained by any person, including but not limited to the Prize winner, his/her nominated travel companion (or a parent/guardian accompanying the Prize winner or the nominated travel companion) or entity (without limitation) in connection with, or arising from, the Promotion or the acceptance or use of the Prize.,
      – (to the maximum extent permitted by law) 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 or indirect loss, costs, damage or expenses, including consequential loss, costs, damages or expenses, incurred, suffered or sustained by any person or property as a result of the acts or omissions of the Prize winner and/or any nominated travel companion (or a parent/guardian accompanying the Prize winner or the
      nominated travel companion).
  1. The Promoter accepts no responsibility for any tax liabilities that may arise from winning or receiving the benefit of the Prize.
  2. Prize winner must, at the Promoter’s request, participate in any Promotion activity (such as publicity and photography) relating to the winning of a Prize, free of charge, and they consent to the Promoter using their name and image in any future promotional material in any media for an unlimited period of time for the purpose of promoting this promotion and/or promoting any products manufactured, distributed or supplied by the Promoter.
  1. 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.
  1. 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.
  1. Entry and continued participation in the Promotion is dependent on Eligible Entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities (which can be viewed at facebook.com/terms.php), the Instagram Terms of Use (which can be viewed at http://instagram.com/legal/terms/), or the Twitter Terms of Service (which can be found at https://twitter.com/tos), as applicable.
  1. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or Twitter. Eligible Entrants understand that they are providing their information to the Promoter and not to Facebook, Instagram or Twitter. The information an Eligible Entrant provides will only be used for the purposes outlined in these Conditions of Entry. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook, Instagram or Twitter. Facebook, Instagram and Twitter will not be liable for any loss or damage or personal injury which is suffered or sustained by an Eligible 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.

PERSONAL INFORMATION AND PRIVACY

  1. Immediately upon submission by an Eligible Entrant, their entry/entries become the sole property of the Promoter.
  1. All information Eligible Entrants provide (Personal Information) will be used by the Promoter for the purpose of administering this Promotion and contacting and verifying the winner. Details from entries will be collected and used for the purpose of conducting this promotion (which may include disclosure to third parties, contractors and agents, including local lottery authorities, for the purpose of processing and conducting the promotion) and for promotional purposes surrounding this promotion. By entering this promotion Eligible Entrants consent to the use of their Personal Information as described and agree that the Promoter may use this information, or disclose it to other organisations that may use it, in any media for future promotional, marketing and publicity purposes without any further reference or payment to the entrant. Entry into the promotion is conditional upon provision of the requested Personal Information.
  1. Entrants may view the Promoter’s privacy policy by visiting http://www.carepharmaceuticals.com.au/privacy-policy/. The privacy policy details how a privacy complaint can be made. The Privacy Policy also contains information about how Eligible Entrants may opt out, access, update or correct their PI and how complaints will be dealt with. The Promoter will not disclose Eligible Entrant’s PI to any entity outside of Australia.
  1. The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1988, The Privacy Amendment (Enhancing Privacy Protection) Act 2012 ) and as well as any other applicable laws.
  1. The Conditions of Entry are governed by the laws of New South Wales, and the parties submit their disputes to the non-exclusive jurisdiction of the courts of New South Wales and any court hearing appeals from those courts.

Authorised Under Permit Numbers: NSW LTPS/16/XXXX