TERMS & CONDITIONS
TERMS & CONDITIONS
Trade Promotion: Game of Chance
Schedule to Terms of Entry
Name of Promotion: Ethical Nutrients Magnesium Range Promo
NSW Permit No. LTPS/19/40639
ACT Permit No. TP 19/04825
SA Permit No. T19/2086
Metagenics (Aust) Pty Ltd
ABN 78 113 937
NORTHGATE QLD 4013
CONTACT: 07 3117 3300
Relevant Countries: Australia and New Zealand
Participating Stores: Stockist throughout displaying promotional material
Entrants: Entry to the Promotion is open to Australian and New Zealand residents during the Promotion Period, aged 18 years + and who fulfil the entry requirements.
Entry Restrictions: Directors, management, employees, officers and contractors (and their immediate families) of the Promoter or of the agencies or companies associated with this Promotion are ineligible. “Immediate Families” means spouse, partner, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manager, employee, officer or contractor.
Starts: 00.01am on 1 April 2020
Ends: 11:59pm on 26 May 2020
No entries will be accepted after this time.
All times are AEDT as applicable.
Entry Mechanic: To enter, entrants must during the Promotion Period:
1. Purchase any one (1) product from the Ethical Nutrients Magnesium range from a Participating Store (“Qualifying Purchase”).
|MMES||MEGAZORB MEGA Magnesium Energy and Stress||9315771010716||230g|
|MMG||MEGAZORB MEGA Magnesium||9315771005729||60 Tabs|
|MMG120||MEGAZORB MEGA Magnesium||9315771007600||120 Tabs|
|MMG240||MEGAZORB MEGA Magnesium||9315771009857||240 Tabs|
|MMMP||MEGAZORB MEGA Magnesium Muscle Plus||9315771011379||135g|
|MMGPC||MEGAZORB MEGA Magnesium Powder (Citrus)||9315771009192||200g|
|MMGPCL||MEGAZORB MEGA Magnesium Powder (Citrus)||9315771009840||450g|
|MMGP||MEGAZORB MEGA Magnesium Powder (Raspberry)||9315771006771||200g|
|MMGPL||MEGAZORB MEGA Magnesium Powder (Raspberry)||9315771009833||450g|
|MMN||MEGAZORB MEGA Magnesium Night||9315771010976||126g|
2. Visit the Website and follow the prompts to the promotion entry page, input the requested details (including but not limited to, personal details, the unique code from the packaging and residential address (no PO Boxes allowed)), and submit the fully completed online entry form.
Entrants must retain all copies of Qualifying Purchase receipts for ALL ENTRIES (which clearly shows the store name, location, date and product(s) purchased) as proof of purchase. Failure to produce the proof of purchase for all entries or claims when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an entrant’s entries and forfeiture of any right to a prize.
There is one (1) weekly to be won each week for eight (8) weeks during the Promotion Period. Entries received throughout the Promotion Period will be entered into each weekly draw. Entries do not roll over into each subsequent weekly draw.
All entries submitted by a winner may be validated prior to a prize being awarded.
See Prize Details for further prize information.
Maximum Number of Entries Multiple entries are permitted, subject to Clause 32 and the following:
(a) only one (1) entry is permitted per Qualifying Purchase (and no receipt sharing is allowed);
(b) a maximum of two (2) entries will be accepted per receipt/invoice (regardless of the number of Qualifying Purchases featured on that receipt/invoice);
(c) each entry must be submitted in accordance with entry requirements; and
(d) unrecognised receipt (or invoice) numbers will be deemed invalid.
Any entry that in the Promoter’s opinion is:
- based on a shared receipt/invoice; or
- lodged by automatic, repetitive, robotic, programmed or similar entry methods or agents, including but not limited to the use of a competition entry service,
will be void and at the absolute discretion of the Promoter, renders all of an entrant’s entries invalid and he/she will forfeit his/her right to any prize.
Entrants must retain a copy of store receipt(s)/invoice(s) as proof of purchase for all entries. Receipt(s)/invoice(s) must clearly specify the store of purchase. Receipt(s)/invoice(s) must show that the purchase was made during the Promotion Period but prior to entry. Failure to provide these when requested may, in the absolute discretion of the Promoter, render all of an entrant’s entries invalid and forfeit their right to any prize.
There will be one (1) draw conducted for the entries received each week of the Promotion Period, for a total of eight (8) draws (“Weekly Draws”) resulting in a total of eight (8) winners across the Weekly Draws. Subject to the starting and closing time of the Promotion Period, entries into each Weekly Draw will open at 11am each Wednesday from 01/04/2020 to 20/05/2020 inclusive and close at 11.59pm each Tuesday from 07/04/2020 to 26/05/2020 inclusive. Entries in each Weekly Draw will NOT be entered into any subsequent Weekly Draws.
All draws will take place at Core Marketing Services, 45 Stubbs Street, Kensington, VIC 3031. Each Weekly Draw will take place at 10am two business days after entries close for that Weekly Draw, with the first Weekly Draw taking place on 09/04/2020 and the last Weekly Draw taking place on 28/05/2020. In the event a draw is scheduled on a public holiday it will be postponed to take place on the following day. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
Prize Details Excluding SA (Australia), entrants may win a maximum of one (1) weekly prize, per household.
The first valid entry randomly drawn in each Weekly Draw will win one (1) Flight Centre Gift Card (Digital – Australia only), valued at AUD $2,000 and one (1) Samsonite Luggage e-Voucher, valued at AUD $500.
Flight Centre Gift Card
A digital gift card will be emailed to approved Australian winners. Email recipients can redeem by printing or displaying on a mobile phone and presented to any Flight Centre Travel Group Travel Consultant located throughout Australia. A Physical Flight Centre Gift Card will be awarded to winners from New Zealand. Cards are valid for 36 months from issue. For full terms and conditions visit https://www.flightcentre.com.au/gift-card-terms-and-conditions
Will be emailed to winners and will require winners to first register a free account with Samsonite online store before use. Recipients can redeem for the entire range of Samsonite product available at https://www.samsonite.com.au/. The e-Voucher is a one-time code that can only be applied in one transaction. It can be used as part or full payment for goods, but any monies not used in that redemption will be forfeited. Free Standard Delivery to anywhere in Australia and New Zealand. E-Vouchers expire 12 months from issue. Cannot be used over the phone, redeem for cash, gift cards or lay-bys.
Prize Delivery: Promoter will arrange delivery of prizes to winners
Total Number of Prizes: 8
Total Prize Pool: $20,000 (incl. GST)
Notification of Winner(s) (including Unclaimed Prize Winner(s)):
Winners will be notified by email (within two (2) days) of being drawn.
Prize Claim date:
Prizes must be claimed by 14/08/2020
Publication Details (of Winner(s)):
Winners of each Weekly Draw will be published each Wednesday during the Promotion Period on www.ethicalnutrientspromotion.com.au.
Draw for Unclaimed Prize Details:
A draw for any prize if unclaimed may take place on 20/08/2020 at 12:00 noon at Core Marketing Services, 45 Stubbs Street, Kensington, VIC 3031, subject to any directions from a regulatory authority.
Publication Details (of unclaimed prize Winner(s):
If applicable, publication at www.ethicalnutrientspromotion.com.au by 24/08/2020
Full T&Cs: www.ethicalnutrientspromotion.com.au
Trade Promotion: Game of Chance
Terms of Entry
1. These terms must be read together with the Schedule for this Promotion. The Schedule defines terminology used in these Terms of Entry. Participation in this Promotion constitutes acceptance of these Terms of Entry. Where there is any inconsistency between the Schedule and these terms, the Schedule prevails.
2. Entry is open only to Entrants of the Relevant Countries who comply with the Entry Restrictions (if any). Directors, officers, management, employees and other staff (and the immediate families of directors, officers, management, employees and other staff) of the Promoter or of its related bodies corporate, or of the agencies or companies associated with this Promotion are ineligible to enter.
3. The Promotion will be conducted during the Promotion Period.
4. To enter the Promotion, entrants must follow the Entry Mechanic during the Promotion Period.
5. Entries must be received by the Promoter during the Promotion Period. Entrants may submit up to the Maximum Number of Entries. Multiple entries (where permitted) must be submitted separately.
6. The Promoter accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over communications networks or services, the Internet, or computer or telephone networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. Any form of automated entry using any device or software is invalid. Entries via SMS or email are deemed to be received at the time of receipt into the Promoter’s database not at the time of transmission by the entrant.
7. If this promotion involves SMS entry, the maximum cost of each SMS is 55 cents (incl. GST) and entries must be submitted from the entrant’s mobile phone. SMS entry is only open to entrants with an SMS compatible mobile phone with calling line identification connected to a service provider which permits text and premium messaging to and from the promotional SMS number. Entrants should check with their network service provider to see if their mobile phone is compatible. Entrants under the age of 18 must obtain the account holder’s permission prior to entering. The Promoter’s SMS Service Provider and its SMS Service Provider’s helpline is in the Schedule.
8. If this Promotion involves entry via a promotion phone line, the maximum cost of a call to the Promotion phone line is 55 cents (incl. GST) except that higher rates may apply from mobile or public phones. Entrants under the age of 18 must obtain the bill payer’s permission prior to entering.
9. The draw/s will be conducted in accordance with the Draw Details. Prize/s will be awarded to the valid entrant/s randomly drawn in accordance with the Prize Mechanic.
10. The judges' decisions are final, and no correspondence will be entered into. The Promoter’s decision not to enforce a specific condition does not constitute a waiver of that condition or of the Terms of Entry in general.
11. Prize/s are specified in the Prize Details. The total prize pool is specified in the Total Prize Pool section of the Schedule.
12. All entries and materials submitted to the Promoter in connection with this Promotion, become the property of the Promoter and each entrant warrants that she/he has the right to transfer these to the Promoter. Each entry must be the entrant’s original work. By entering this Promotion entrants:
1. consent to the Promoter making copies of or publishing the whole or any part of their entry and otherwise exploiting the entry and any rights in relation to the entry, to publicise this Promotion or for any other purposes; and
2. undertake to the Promoter that their entry is not, and its use by the Promoter will not be, in breach of any third-party intellectual property rights.
13. The Promoter accepts no responsibility for any breach of contract or any infringement or other violation of copyright or any other intellectual property rights or proprietary rights through the acceptance of entries into this Promotion and each entrant takes full responsibility for any such claims made in relation to their entry.
14. Incomplete entries and/or entries that, in the Promoter’s judgment, contain offensive, defamatory or otherwise objectionable or inappropriate material or that infringe any third-party rights will be invalid.
15. Where a prize includes travel, the prize cannot be taken during peak periods and must be booked and completed as specified by the Promoter. If the prize is event based, travel must be taken to coincide with the event on the dates specified by the Promoter. (Winner and their companion/s must depart and return at the same time using the same air carrier, as specified by the Promoter.) No extension will be permitted. Any alterations to confirmed prize details will be at the expense of the winner and will only be permitted with the Promoter's prior consent. Any flights and accommodation awarded as part of a prize are subject to booking and availability. All costs associated with a travel prize which are not specified to be included in the prize, including but not limited to any transfer costs, meals, taxes (excluding flight related taxes), insurance, spending money and other ancillary costs, are the responsibility of the winner and their companion/s. The winner and any travelling companion/s are responsible for ensuring that they have all necessary travel insurance and documents to travel to the relevant place (including a current passport and visas, if required), otherwise the winner’s entry will be deemed invalid. (It is strongly recommended that the winner and participant of the prize acquire adequate travel insurance, where this is not specified as part of the prize.)
16. Where a prize involves the winner:
1. attending an event, if any part of the event is abandoned, called off, varied or postponed for any reason, then at the Promoter’s discretion, the relevant winner (and their companion/s, if applicable) forfeits all rights to attend the relevant event and no cash or alternative tickets will be substituted for that element of the prize; and/or
2. meeting or attending a function with a celebrity or other public figure, the Promoter will not be liable for the failure of the winner (and their companion/s, if applicable) to meet that person or failure of that person to attend the function, for whatever reason.
17. If the prize includes EFTPOS cards, eVouchers, eGift Cards all EFTPOS cards are valid until the EFTPOS card expiry date specified. EFTPOS cards are subject to the conditions stipulated by the provider of the EFTPOS card. If the total value of a EFTPOS card is not used at the time of redemption, a new EFTPOS card may (subject to the conditions stipulated by the provider) be issued for the remaining amount. Any such further EFTPOS card is valid for the remainder of the original EFTPOS card expiry period. EFTPOS cards cannot be redeemed for further EFTPOS cards. Once awarded, the Promoter shall not be liable for any EFTPOS card that has been lost, stolen, forged, damaged or tampered with in any way.
18. Where a prize includes tickets, tickets are valid for the date or period as indicated on the tickets. Tickets are subject to the conditions stipulated by the provider of the tickets.
19. If a winner of a prize is under the age of 18 years (where entry by those under 18 is allowed), the Promoter may, at its discretion, award the prize to the winner’s parent or guardian.
20. The Promoter may, in its discretion, require any person taking any prize to be 18 years of age or over, or if a person is under the age of 18, require that that person be accompanied by a parent or legal guardian while taking the prize.
21. The Promoter may in its absolute discretion, prohibit an entrant’s participation in this Promotion, cancel a prize or otherwise cease to provide any benefit of a prize to a winner and their companion/s if the entrant or the winner (or their companion/s), in the opinion of the Promoter, behaves aggressively or offensively, or behaves in a manner which may diminish the good name or reputation of the Promoter or any of its related bodies corporate (or of the business of the Promoter or any of its related bodies corporate), is contrary to law or is otherwise inappropriate.
22. At the Promoter’s request, winners must participate in, and where relevant must procure that their companion/s participate in, all promotional activity (such as publicity and photography) surrounding this Promotion or the winning of any prize, free of charge, and they consent to the Promoter and its related bodies corporate using their name and image in promotional material. Without limitation, entrants consent to being broadcast, filmed, photographed or otherwise recorded without compensation while participating in this Promotion, or in taking or using any prize, and they consent to the Promoter repeating any such image, broadcast, film or other recording at any time.
23. If an entrant is unable to or refuses or fails to take part in any element of this Promotion, or a winning entry is deemed not to comply with these terms, the Promoter reserves the right to discard that entrant’s entry and proceed as if that entrant had not entered the Promotion.
24. The winner/s will be notified as stated in the Notification of Winners section of the Schedule and their name and state of residence will be published in accordance with the Publication Details. By entering this Promotion, each entrant requests that his or her full address not be published.
25. If any prize is not claimed in accordance with these terms of entry, the relevant winner’s entry will be deemed invalid and the Promoter reserves the right to conduct such further draws on the Unclaimed Prize Draw Date as are necessary to distribute the prize/s, subject to any directions given by any relevant authority. If required by law or any relevant authority, the winner/s will have their name and state of residence published in accordance with the Unclaimed Prize Draw Publication Details. If a prize is no longer able to be redeemed, the new winner/s will receive a prize, as determined by the Promoter, of equivalent value (as if the original prize had been awarded to that person, less any administrative expenses incurred by the Promoter), subject to the approval of the relevant authorities in the Relevant Country (or state/territory if applicable), if required. If no Unclaimed Prize Draw Date is specified, any unclaimed prize/s will be distributed at the Participating Venue’s discretion.
26. Entrants acknowledge that there may be inherent risks in some aspects of the Promotion, or the prize and that participation in the Promotion and/or using the prize may involve participating in dangerous activities. By entering this Promotion and/or accepting the prize, entrants accept that risk. (Where applicable, the Promoter strongly recommends the user of a prize familiarise him/herself with the features of the prize and that appropriate protective clothing is worn at all times when the prize is used).
27. Where requested by the Promoter, any entrant or winner (and their companion/s, if applicable) (or if an entrant, winner or companion is not an adult, their parent or guardian) must sign an indemnity and exclusion of liability form (provided by the Promoter) in favour of all parties involved in this Promotion and/or providing the prize prior to undertaking any specified activities forming part of the Promotion or prize. If any entrant, winner, nominated companion or parent/guardian (if applicable) do not sign the indemnity form provided by the Promoter within the time requested by the Promoter, the relevant entrant’s or winner’s entry or claim will be deemed invalid.
28. Prizes and participation in this Promotion are subject to any conditions imposed by the supplier or organiser of the prize, as applicable.
29. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) by any person in connection with this Promotion or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
30. Without limiting the previous paragraph, the Promoter and its associated agencies and companies will not be liable for any damage to or delay in transit of prizes.
31. Entrants may only enter the Promotion in their own name, and only use one (1) name for all entries submitted to the Promotion; there can be only one (1) email address and one (1) residential address used in connection with an entrant’s name. Where the Promoter reasonably believes an entrant has entered the Promotion using more than one (1) name, one (1) email address or one (1) residential address, all affected entries will be void.
The Promoter reserves the right to request the winners to produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the winners’ identity, age, residential address, eligibility to enter and claim a prize and any information submitted by the winners in entering the Promotion before issuing a prize. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or the winning entry has not been verified or validated to the Promoter’s satisfaction within the time requested, the winner’s entry will become invalid. The prize will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion.
32. The Promoter may, in its sole discretion, disqualify any or all entries from, and prohibit further participation in this Promotion by, any person who fails to provide adequate identification to the satisfaction of the Promoter, or who tampers with or benefits from any tampering with the entry process or with the operation of the Promotion or acts in violation of these Terms of Entry, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.
33. If due to any reason whatsoever the Promoter becomes aware after an entrant has won a prize that the entrant has not complied with these terms, that entrant will have no entitlement to the prize, even if the Promoter has announced them as a winner and that entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the prize.
34. Prize are not transferable or exchangeable (except as set out in these Conditions of Entry), nor can they be redeemed for cash. In the event for any reason a winner does not take an element of any prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be supplied in lieu of that element of the prize. Prize Value is as specified on the Date at which Prize Value Valid. The Promoter accepts no responsibility for any variation in prize value. Where a prize is unavailable for any reason, the Promoter may substitute for that prize another item of equal or higher value as determined by the Promoter, subject to the approval of the relevant authorities in the Relevant Country (or state/territory if applicable) , if required.
35. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion, or invalidate any affected entries, subject to the approval of the relevant authorities in each Relevant Country (or state/territory if applicable), if required.
36. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. Where the operation of this Promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to 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.
38. Where the Promotion is administered on Facebook, entrants and participants in the Promotion acknowledge that the Promotion is in no way sponsored, endorsed or administered by or associated with Facebook and entrants and participants in the Promotion release Facebook and its associated companies from all liability arising from the Promotion.