TERMS AND CONDITIONS
1) The Promotion is the UP&GO™ Instax Plushie Giveaway 2024 (Promotion).
2) Information on how to enter and the prizes form part of these terms and conditions (Terms and Conditions). Participation in this promotion including entering this promotion or collecting or accepting a prize the subject of this promotion is deemed acceptance of these Terms and Conditions.
3) New Zealand Health Association Limited trading as Sanitarium Health Food Company & Australian Health & Nutrition Association Limited trading as Sanitarium Health Food Company are the promoters of this Promotion (Promoter).
4) Entry is only open to New Zealand & Australian residents only.
5) 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).
6) Employees (and their immediate families) of the Promoter 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.
7) This promotion commences on Thursday 1st February 2024 and entries close at 12pm NZST on Wednesday 1st May 2024 (Promotional Period).
8) To enter, individuals must, during the Promotional Period:
(a) take a photograph of the UP&GO™ Plushie (Photograph).
(b) visit https://upandgo.com.au/hi-from-your-plushie/ (Website) and follow the prompts to the Entry Form; and
(c) input the requested details and submit the fully completed Entry Form, which will include uploading the Photograph.
9) Without limiting clause 30, entrants acknowledge and agree that all Photograph submitted by entrants and accepted by Sanitarium including any winning Photographs may be published on the Promoter’s social media including the Promoter’s Facebook and Instagram accounts and may also be published in or on other forms of promotional and marketing material, including in marketing materials for subsequent UP&GO promotions.
10) Any uploaded files must be submitted in accordance with the relevant platform’s requirements. Photographs must be in jpeg, gif or png format and less than 5MB in size.
11) 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 this 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 a Winner is under 18 years of age their parent or guardian on their behalf) must upon request supply suitable identification at the time that the Promoter delivers the prize.
12) Incomplete or indecipherable entries will be deemed invalid.
13) Multiple entries are permitted per person, however each entry must be substantially unique, submitted separately and in accordance with the entry requirements set out in clause 6 and these Terms and Conditions.
14) If there is a dispute concerning the conduct of this promotion 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.
15) Winner determination:
(a) The top ten (10) Photographs submitted will be selected as the winners (Winners). The Winners will be the entrants with the most creative entries.
(b) The winning Photographs will be determined on creative merit by a panel of judges (Judging Panel) at Sanitarium Health Food Company, 124 Pah Road, Royal Oak. Selection will begin 12pm on Wednesday 1st May 2024.
(c) The Judging Panel may select runner up winners to take the place of a Winner/s where a Winner/s does not claim their prize (Runner Up).
16) The Winners will be notified by email within a month after the closing date of the competition (12pm on Wednesday 1st May 2024)
17) The Winners must claim their prize in accordance with the instructions which Sanitarium will send to the Winners by email.
18) Subject to clause 12, the Promoter’s decision is final, and no correspondence will be entered into.
19) The prizes awarded in this promotion are as follows:
| Prize: | Awarded to: |
| An Instax Mini Gift Pack worth $165 | Each of the Winners. |
20) There are no bonus prizes awarded as part of this promotion.
21) The Promoter will despatch the Prize to each Winner no later than 28 days after the date on which the promotion ends.
22) If a winner of any prize is under the age of 18 years, the prize will be awarded to the winner’s nominated parent or guardian on the winner’s behalf.
23) If a prize (or part of a prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
24) If for any reason a Winner does not take or claim a prize (or an element of a prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited and the Promoter may offer the prize (or that element of the prize) to a Runner Up (as defined in clause 13(c)).
25) Total prize pool value is $1,650
26) Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
27) Entrants agree that they are fully responsible for any materials they submit in relation to this promotion including but not limited to comments, recordings and images (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. Entrants warrant and agree that:
(a) 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;
(b) their Content shall not contain viruses or cause injury or harm to any person or entity;
(c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
- d) the Content is the original artistic or literary work of the entrant that does not infringe the rights of any third party;
(e) 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
(f) 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.
28) Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
29) As a condition of entering this promotion, each 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.
30) 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.
31) A Selection of Entrants Submitted photos may be displayed on the website, Sanitarium reserves the right to determine which Photographs are selected.
32) 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 this promotion, as appropriate.
33) Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees.
34) Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and 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:
(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; or
(f) use of a prize.
35) Any cost associated with accessing Instagram or Facebook 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.
36) This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram, TikTok or Facebook. Entrants understand that they are providing their information to the Promoter and not to Instagram, TikTok+ or 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 Instagram or Facebook. Instagram/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.
37) Where a Promotion is conducted across social media: (a) Entrants’ conduct must comply with the rules of that social media platform. (b) Promotions are in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Instagram or TikTok. These social media platforms are in no way responsible for any aspect of Promotions.
38) 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 New Zealand or 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. All entries become the property of the Promoter. Visit http://www.sanitarium.co.nz/privacy (NZ) or https://www.sanitarium.com/nz/corporate/privacy (AU) for the Promoter’s privacy policy. All personal information will be collected and stored by the promoter, in accordance with the Privacy Act 2020. You have the right to access your personal information and request correction of any errors in it pursuant to the Privacy Act 2020.