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.
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 residents aged 13 years or over who otherwise
qualify as an eligible entrant for the prize draw under these Terms and
Conditions.
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 12.01am AEDT on 12 October 2020 and entries
close at 11.59pm AEDT on 18 January 2021 (Promotional Period).
Entry instructions
6. To enter, individuals must:
a) purchase a specially marked 575g, 800g, 1.12kg or 1.2kg box of WeetBix breakfast cereal (Participating Weet-Bix Cereal Box) from any retail
store that sells Participating Weet-Bix Cereal Boxes and collect the
itemised purchase receipt;
b) locate the unique code(s) inside the packaging of the Participating WeetBix Cereal Box (each, a Unique Code). A 575g Participating Weet-Bix
Cereal Box contains 1 Unique Code, an 800g Participating Weet-Bix
Cereal Box contains 2 Unique Codes and a 1.12kg or 1.2kg Participating
Weet-Bix Cereal Box contains 3 Unique Codes;
c) during the Promotional Period, visit weetbixcricket.com.au (Website),
follow the prompts to the promotion entry page and fully complete and
submit the online entry form up to three times (including providing one
Unique Code per entry form, their name, date of birth and email address);
and upon submitting their online entry(ies) will immediately find out if they are
an instant winner. For the avoidance of doubt, Participating Weet-Bix Cereal
Boxes may be available for purchase prior to the Promotional Period, but a
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person cannot enter the Promotion prior to the start of the Promotional Period.
If a Participating Weet-Bix Cereal Box is purchased before the start of the
Promotional Period then the purchaser may retain the Unique Code(s) from
such Participating Weet-Bix Cereal Box and use it to submit their entry during
the Promotional Period.
7. The Promoter does not warrant that Participating Weet-Bix Cereal Boxes will
be available in all retail stores that usually sell Weet-Bix breakfast cereal and/or
at all times during the Promotional Period.
8. Printing and other quality control errors will not invalidate an otherwise valid
prize claim. Unless otherwise due to fraud or ineligibility under these Terms and
Conditions, all prize claims in excess of the advertised prize pool will be
honoured. Instant win game materials are void if stolen, forged, mutilated or
tampered with in any way.
9. Entrants must retain the Participating Weet-Bix Cereal Box, 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 Weet-Bix
Cereal Box was purchased, the product/s purchased (which must be a
Participating Weet-Bix Cereal Box/es) and the date of purchase. 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.
10. 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.
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 three (3) 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.
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13. Provided that an entrant complies with the limit on entries in clause 12 and
these Terms and Conditions generally, an entrant is not prohibited from winning
multiple prizes.
14. If there is a dispute concerning the conduct of this promotion (including as to
the identity of an entrant) or in respect to claiming a prize, the Promoter will
consider the entrant's grievances however reserves the right to resolve the
dispute in the manner it determines most appropriate, acting reasonably.
Winners
15. Winner determination:
a) Upon submitting their entry, an entrant will be notified immediately if they
have provisionally won a prize.
b) A confirmation email will be sent to the email address provided by the
winner.
c) A list of all winners will be published online at weetbixcricket.com.au from
25 January 2021 for a period of 28 days.
16. To claim a prize, a winner must access the confirmation email sent to the email
address they have provided and follow the instructions contained within that
email to complete a prize claim form and arrange delivery of the prize (which
will include provision of an Australian address) before 8.00pm AEST on 18 April
2021 (Prize Claim Date).
Prizes
17. The instant win prizes comprise (across Australia) 10,000 x cricket sets
comprising of a plastic bat, wicket and ball (Cricket Set) (each Cricket Set with
a retail value of $19.25) and are randomly awarded based on a pre-determined
prize winning ratio by a computerised system housed at Level 4, 152 Elizabeth
Street, Melbourne VIC 3000. There are no bonus prizes awarded as part of
this promotion.
18. Subject to a winner's compliance with these Terms and Conditions, a Cricket
Set will be posted to the address within Australia 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, pursuant to clause 16.
19. The Promoter will post the prize to each winner no later than 28 days after the
date on which the relevant winner provides an Australian address to the
Promoter.
20. 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 an Australian address to the Promoter by the time stipulated by the
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Promoter or failing to provide an accurate address, then the prize will be
forfeited.
21. The total prize pool value is up to AUD $192,500 across Australia. Individual
prizes will not exceed $19.25 in retail value.
22. Prizes are not transferable or exchangeable, unless otherwise specified.
23. A draw for any prize/s which are unclaimed (in accordance with clause 16) by
the Prize Claim Date may take place from amongst all non-winning entries on
21 April 2021 at 1.00pm AEST at Level 4, 152 Elizabeth Street Melbourne VIC
3000, 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 by email by 23 April 2021. The unclaimed prize winner/s will be
published at weetbixcricket.com.au on 23 April 2021 for a period of 28 days and
must claim their prize within this time.
General
24. The Promoter’s decision is final and no correspondence will be entered into.
25. 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 Weet-Bix Cereal Box 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.
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.
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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 2010 (Cth), as well as any other
implied warranties under similar consumer protection laws in the States
and Territories of Australia (Non-Excludable Guarantees).
31. Except for any liability that cannot by law be excluded, including the NonExcludable 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 31.a), 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; (f) use of a
prize or (g) the prize being delayed, lost, damaged or misdirected in transit
or upon delivery to the nominated Australian address due to any reason
beyond the reasonable control of the Promoter.
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.
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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.
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 Food Company (ABN 63 096 452 872) of 1 Sanitarium Drive,
Berkeley Vale, NSW, Australia 2261. Phone Number: 1800 673 392.
NSW Authority No. TP/00051
SA Permit No. T20/757
ACT Permit No. TP 20/00866
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