NICORETTE® WIN 1 OF 500 PREPAID EFTPOS CARDS PROMOTION
TERMS AND CONDITIONS
1. Information regarding prizes and how to enter forms part of these conditions. By entering, entrants accept these conditions. Nothing in these conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
2. Entry is open only to Australian residents aged 18 years or older. Directors, management and employees of the Promoter and associated companies and agencies as well as the immediate families of each of these people are not eligible to enter.
3. The promotion begins at 12.00am AEST on 01/05/2019 and closes at 11.59pm AEST on 31/07/2019 (Promotion Period).
4. To enter, during the Promotion Period, entrants must:
(a) visit www.nicorette.com.au/promotions and follow the prompts to the promotion entry page;
(b) fully complete the entry form including the requested details including their first name, last
name, postcode, address, email address and phone number;
(c) tell us in 25 words or less “What will you start when you stop smoking”; and
(d) submit the online entry form.
5. Entries must be received by the Promoter during the Promotion Period. Each entrant may only enter once.
6. The Promoter accepts no responsibility for any 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.
7. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred.
8. Each entrant is responsible for the entry they submit and responsible for paying for the costs associated with entering the promotion and accessing the website.
9. The Promoter’s judging panel will review all valid entries received during the Promotion Period. On 14/08/2019, the judging panel will judge all entries based on creativity and originality. This is a game of skill and chance plays no part in determining the winners. The 500 entries judged to be the best entries will each win a prize.
10. Only one (1) entry permitted per household per day. Limit one (1) prize permitted per person (excludes South Australian residents).
11. Entries that are found to have been derived from third party work will be considered invalid and, if awarded a prize, that prize must be returned to the Promoter. Without limiting the generality of other conditions, the Promoter reserves the right to take legal action against anyone found to have breached this condition. The Promoter reserves the right in its sole discretion to: (i) not consider any entry which is not in accordance with these conditions of entry; and (ii) disqualify any individual who the Promoter has reason to believe has breached any of these conditions of entry or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages and other compensation are reserved.
12. Each entrant warrants and agrees that:
(a) the entrant has created the entry him/herself;
(b) the entrant is entitled to reproduce and exploit all of the underlying works in the entry;
(c) the entrant will not submit material in their entry that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless the entrant is the owner of such rights;
(d) the entry has not been previously published in any other medium or forum worldwide;
(e) they will not submit material that is unlawful, obscene, defamatory, derogatory, threatening, pornographic, sexually inappropriate, violent, abusive, harassing, hateful, racially, religiously or ethnically offensive, or encourages, evidences or indicates conduct that would be considered a criminal offence, gives rise to civil liability, or violates any law;
(f) the entry will not contain viruses or cause injury or harm to any person or entity; and
(g) the entrant has not granted rights to their entry to any other person which are inconsistent with the rights granted to the Promoter.
13. Each entrant consents to the Promoter (and each of its assignees and licensees) doing or omitting to do anything which may infringe any and all moral rights of the entrant including to edit, alter and reproduce the entry, and that such consents have been obtained to the full extent permitted under the Copyright Act 1968 (Cth).
14. As a condition of accepting the prize, each winner agrees to:
(a) if required by the Promoter, sign a statutory declaration regarding the originality of their entry; and
(b) irrevocably and unconditionally assign to the Promoter all of his/her right, title and interest (including without limitation all intellectual property rights such as present and future copyright) in and to the winning entry and to sign a document (in a form to be determined by the Promoter) to acknowledge this assignment to the Promoter.
15. Each entrant acknowledges and agrees that if their entry wins, the Promoter (any each of its assignees and licensees) have the right, in their absolute discretion, to edit, amend, copy, use, publish, broadcast and communicate to the public, the entry in any media including the internet, without any further consultation, reference, payment or any other compensation to the entrant.
16. Each entrant must create their own entry and only submit an entry in their own name. All entries become the property of the Promoter.
17. Each of the winning entrants will win a Prepaid EFTPOS Card valued at AU$100 (incl. GST).
18. The total prize pool is valued at AU$50,000. All prize values are the recommended retail value (including GST) in Australia as provided by the supplier and are correct at the time of printing.
19. 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) 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).
20. Once any prize has left the Promoter’s/supplier’s premises, the Promoter and its agencies and companies associated with the promotion will not be responsible for any delay in delivery, loss or damage to the prize. 21. Each winner will be notified by email within two days of the judging of the winner.
22. The Promoter may require a winner to verify their entry and provide proof of identity, proof of age, proof of residency at the nominated prize delivery address and proof of purchase. Proof considered suitable for verification is at the Promoter’s discretion.
23. Prizes will be mailed by the Promoter directly to the winner to the address provided on their entry form within 28 days of the judging of the winner.
24. If a winning entry is deemed not to comply with these conditions of entry, the entry will be discarded. The judges’ decision is final and no correspondence will be entered into.
25. The Promoter may verify the validity of entries, and in its sole discretion, disqualify all entries from, and prohibit further participation in this promotion by, any person who manipulates or tampers with or benefits from any manipulation of or tampering with the entry process or the operation of the promotion (including, but not limited to soliciting votes, disguising an IP address, using multiple email addresses or aliases to submit multiple entries for the same person, or other electronic account) or acts in violation of these conditions, acts in a dishonest or disruptive manner, acts with the intent to annoy, abuse, threaten or harass any other person, or acts in a way to jeopardise the fair operation of the promotion. The Promoter’s decision in relation to all aspects of the promotion is final and no correspondence will be entered into.
26. Prizes are not transferable or exchangeable and cannot be redeemed for cash. In the event for any reason a winner does not take an element of the 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. 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.
27. All Prepaid EFTPOS Cards are valid for 12 months from the date of issue and are subject to any terms and conditions imposed by the issuer or prize supplier including those specified on the Prepaid EFTPOS Cards.
28. If for any reason any aspect of this promotion is not capable of running as planned, including by reason of infection by computer virus, mobile network failure, bugs, tampering, manipulation, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which 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.
29. The Promoter has no control over mobile telephone communications, networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise.
30. 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.
31. In the event of a prize not being accepted or claimed, the judges will select an alternate winner with the entry judged to be the next best entry to receive that prize.
32. The Promoter is Johnson & Johnson Pacific Pty Limited (ABN 73 001 121 446) of 45 Jones Street Ultimo NSW 2007. Telephone: 1800 029 979.