Terms and Conditions

Sanitarium Up&Go "Instant Win Nova 96.9 Promotion"

HOW TO ENTER

Individuals who obtain a promotional entry card, at any of the various special events hosted by Nova 96.9 during the promotional period, will be eligible to enter (‘Eligible Entrant’).

To enter, Eligible Entrant’s must log on to www.upandgo.com.au, follow the links to the Promotional Entry Page, input their personal details, including the promotional code and submit their entry during the promotional period. Entrants will be immediately notified via a pop up screen to advise them as to whether they are a provisional instant winner.

TERMS AND CONDITIONS

1. Information on how to enter and 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. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter.

3. 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 to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

4. Incomplete, indecipherable or illegible entries will be deemed invalid.

5. Competition starts 11:59pm AEST on Monday 8 September 2008 for NSW, ACT, VIC, TAS, NT, WA and QLD residents and on 12 September 2008 for SA residents. Competition ends at 9am on Sunday 5 October, 2008.

6. Multiple entries permitted, subject to the following: (a) each entry must be submitted separately and in accordance with entry requirements; (b) only one entry is permitted per person and/or email address per day; (c) unrecognised codes will be deemed invalid; and (f) limit of one prize per person, during the promotional period (excluding SA residents).

7. 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.

8. Instant winners will be notified immediately and in writing upon entry submission. Winners’ names will be published in The Australian on Wednesday 22 October 2008.

9. In the event that the same entrant wins the $1000 INSTANT win prize more than once, the entry is deemed invalid and the promoter has the right to re-draw the winning code.

10. There are five instant prizes of $1000 cash to be awarded randomly over the promotional period. Each prize shall be awarded in the form of a cheque made payable to the relevant winner.

11. The Promoter’s decision is final and no correspondence will be entered into.

12. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion, subject to any written directions from a relevant regulatory authority.

13. If a winner is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian.

14. Total prize pool value is $5000.

15. Prizes, or any part of a prize, are not transferable or exchangeable.

16. A draw for any unclaimed prizes may take place on Thursday 12 February 2009 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners’ will be contacted by mail and their names will be published in The Australian on Thursday 19 February 2009.

17. Entrants consent to the Promoter using the entrant's 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 competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.

18. 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, 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.

19. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.

20. Entrants consent to the Promoter using the entrant's 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 competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.

21. 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 void if stolen, forged, mutilated or tampered with in any way. There will be a total of 10000 game cards printed for this promotion.

22. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) 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, including, but not limited to, where arising out of the following: (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 or prize claim 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; or (f) use or participation in a prize.

23. 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, prize suppliers and as required, to Australian regulatory authorities. Entry is conditional on providing this information. Unless otherwise advised, the Promoter may also use the information for promotional, marketing and publicity purposes including sending electronic messages. Entrants should direct any request to access, update or correct information to the Promoter. All entries become the property of the Promoter.

24. The Promoter is Australian Health & Nutrition Association Limited trading as Sanitarium Health Food Company of 1 Sanitarium Drive, Berkeley Vale NSW 2261. ABN 63 096 452 872.

NSW Permit No. LTPS/08/8418. ACT Permit No. TP08/3533. SA Permit No. T08/3653.