IMPROMY SPEND TO WIN PROMOTION TERMS & CONDITIONS

Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

  1. The Promoter is Probiotec Limited (ABN 91 075 170 151) of 83 Cherry Lane, Laverton North VIC 3026, telephone (03) 9278 7555 (“Promoter”).
  1. Entry is only open to Australian residents aged 18 years or over.
  1. Employees (and their immediate families) of the Promoter, participating retailers 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 1st cousin.
  1. Entries into the promotion open on 01/10/2018 and close at last mail received on 30/11/2018 (“Promotional Period”).
  1. To be eligible to enter, individuals must, during the Promotional Period, spend $100 or more on any Impromy product/s at a pharmacy that stocks Impromy product/s and receive an official entry form or obtain an entry form online at www.impromy.com One (1) entry form must be used for every increment of $100 spent. If an entry form is not provided it is the responsibility of the entrant to request one or obtain one online
  1. To enter, individuals must, during the Promotional Period, complete the official entry form and attach a copy of their purchase receipt/s from the purchase of Impromy products and send together to Probiotic Limited, 83 Cherry Lane, Laverton North VIC 3026 so that it is received by last mail on 30/11/18.
  1. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per increment of $100 spent on Impromy products; (b) each purchase receipt can only be applied towards one (1) entry; and (c) each entry must be submitted separately and in accordance with entry requirements. For the sake of clarity, one (1) receipt cannot be split across two (2) or more entry forms. For example, if an entrant spends $120 in a single transaction on Impromy products that receipt cannot be used twice, for two entries (ie by applying $100 of the purchase towards one (1) entry and the remaining $20 towards another when combined with other separate purchases). It is the responsibility of the entrant to ensure they obtain separate receipts for products, if necessary.
  1. Entrants must retain their original purchase receipt(s) for all entries as proof of purchase. Failure to produce the proof of purchase for all entries 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. Purchase receipt(s) must clearly specify the store of purchase and that the purchase was made during the promotional period but prior to entry.
  1. 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 the promotion. Errors and omissions may be accepted at the Promoter’s discretion. 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.
  1. Incomplete, indecipherable, or illegible entries will be deemed invalid.
  1. 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.
  2. The draw will take place at Probiotec Limited at 83 Cherry Lane, Laverton North VIC 3026 at 12:00PM AEDST on 05/12/2018. The winners will be notified by email within two (2) business days of the draw. The names of any winners of any prizes valued at over $250, or any winners from the ACT will be published in The Australian on 12/12/2018.
  3. The Promoter’s decision is final and no correspondence will be entered into.
  4. Entries will be divided into the following State/Territory groups: NSW/ACT, VIC/TAS, SA, NT/QLD and WA. The first valid entry drawn in each State/Territory group will each win a pre-paid VISA gift card valued at $1,500. The next valid entry drawn in each State/Territory group will win a FitBit Versa in black, or another colour if black is not available, valued at $299.00. The next valid entry drawn in each State/Territory group will win a week’s supply of Impromy products up to the value of $150. A week’s supply consists of three (2) shakes per day and two (2) Impromy snack bars per day.
  5. Any ancillary costs associated with redeeming any VISA gift card are not included. Any unused balance of any VISA gift card wll not be awarded as cash. Redemption of any VISA gift card is subject to any terms and conditions of the issuer including those specified on the VISA gift card.
  6. Subject to the unclaimed prize draw clause, if for any reason a winner does not take the prize (or an element of the prize) at/by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
  7. If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
  8. Total prize pool value is up to $9,745.
  9. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
  10. A draw for any unclaimed prizes may take place on 06/03/2019 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners will be notified by email within two (2) business days of the draw. The names of any winners of any prizes valued at over $250, or any winners from the ACT will be published in The Australian on 17/03/2018.
  11. 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.
  1. 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.
  1. 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, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective 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.
  1. 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 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 of a prize.
  1. The Promoter collects personal information (“PI”) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at http://impromy.com/privacy-policy In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter will not disclose entrant’s personal information to any entity outside of Australia.
  1. NSW Permit No. LTPS/18/26142. SA Permit No. T18/1208.

 

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