Social Media Promotional Terms and Conditions
1. Information on how to enter a promotion, the promotion period and prize information (Details) is published on the relevant social media forum where the promotion is advertised.
2. The Details form part of these terms and conditions of entry (Conditions of Entry).
3. Entry into a promotion is deemed acceptance of these Conditions of Entry.
4. The Promoter is Swisse Wellness Pty Ltd (ABN: 62 004 926 005) of [Level 2, 381 Great South Road, Ellerslie, 1051, Auckland, New Zealand.] (Promoter).
WHO CAN ENTER
5. Entry in to a promotion is only open to New Zealand residents aged 18 years or older who have valid and ongoing access to a non-commercial (individuals only) Instagram and/or Facebook account (Eligible Entrants). Directors and employees of the Promoter including their immediate families, its agencies and companies associated with any promotion, are ineligible to enter. The Promoter is responsible for determining whether a person is an Eligible Entrant in its absolute discretion.
HOW TO ENTER
6. The Entry Mechanic for a promotion is as set out in the Details.
7. A valid entry will be deemed to be received at the time when the entry appears in the relevant feed and not at the time of the transmission. No responsibility will be taken for late or lost, misdirected, indecipherable, incorrect or incomplete entries.
8. The Promoter is not responsible for technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times.
ENTRY MATERIALS AND CONSENT
1. Entrants agree that the Promoter may copy, reproduce, publish, display, alter or distort the content submitted by the Entrant, and use it for any purpose (including without limitation, any future promotions or campaigns involving the Promoter) at any time in the future, and via any media.
2. Entrants agree to have their name and state published on the Promoter’s social media channels or website.
3. Where a promotion is conducted on Facebook and/or Instagram, Entrants release Facebook and/or Instagram (as applicable) from any liability arising in connection with a promotion. Entrants acknowledge that any promotion conducted via the Facebook or Instagram platforms is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram.
4. Entrants agree that they are fully responsible for any materials they submit for a promotion (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:
5. 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;
6. their Content shall not contain viruses or cause injury or harm to any person or entity;
7. they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
8. the Content is the original work of the entrant that does not infringe the rights of any third party;
9. they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights and warrant that they have the full authority to grant these rights; and
10. 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.
Without limiting any other terms herein, entrants agree to indemnify the Promoter for any breach of the above terms.
JUDGING & JUDGING CRITERIA
1. Valid entries will be judged or drawn by a Swisse representative or appointed third party at the end of the promotion period and/or in the manner described in the relevant promotion. The judge’s decision is final and no correspondence will be entered into.
14. The winner of a promotion will be awarded at the sole discretion of the Promoter following all validation and verification requirements of the Promoter being met to its satisfaction. In the event that the Eligible Entrant cannot provide suitable validation or verification, the Eligible Entrant will forfeit their right to a Prize and no substitute will be offered.
PRIZE DETAILS & PRIZE RESTRICTIONS
15. Prizes are not exchangeable or redeemable for cash. Prizes must be taken as offered or directed by the Promoter and may only be varied at the sole discretion of the Promoter.
16. In the event for any reason the prize winner does not take the whole or an element of a prize as stipulated by the Promoter then the whole or that element of the prize will be forfeited by the prize winner and no substitute or compensation will be supplied in lieu of the prize or that element of the prize.
17. As a condition of accepting a prize, the prize winner and any companion(s) must sign any legal documentation as and in the form required by the Promoter and/or prize providers in their absolute discretion, including but not limited to a legal release and indemnity form.
18. Participation in or acceptance of a prize may be subject to such other terms and conditions as may be imposed by those involved in providing other goods or services included in the prizes (Third Party Terms).
19. Prize participants are responsible for compliance with all applicable Third Party Terms and bear all risks associated with failure to comply with any of them. The Promoter assumes no liability (and will provide no compensation) to any prize winner and/or companion(s) who, as a result of any failure to comply with any Third Party Terms:
- are unable to participate in the prize (or any part of it); or
- suffer any other loss or damage.
20. Prizes cannot be sold, transferred, scalped, auctioned, raffled, pledged, or promoted as an incentive or reward by any third party as an inducement for any person or other entity to enter into any commercial or other arrangements with that third party. If a prize is obtained through any of these methods, it will not be honoured.
NOTIFICATION OF WINNER
21. Prize winners will be notified via the social media platform on which the promotion has been conducted on the date and in the manner described in the Details. In any event the winner will be notified no later than seven business days after the end of the promotion period.
22. A prize winner’s details (including, without limitation, their online alias or handle) will be published via the relevant social media platform following notification.
PRIZE CLAIM DATES
23. Prizes must be claimed (by the winner making contact with Swisse providing proof of entry and delivery address details) by 5pm on the date that is 3 business days after publication.
UNCLAIMED PRIZE (IF ANY)
24. If a prize winner does not claim its Prize by 5pm on the date that is 3 business days after publication, the winner forfeits the prize and a runner-up replacement winner may be notified.
NOTIFICATION OF RUNNER-UP WINNER (IF ANY)
25. A runner-up prize winner, if any, will be:
(a) notified via the relevant social media platform; and
(b) advertised on the relevant social media platform after 9:00am on the day following notification.
26. If more than one person attempts to claim a prize, the Promoter has sole and absolute discretion to determine which of those persons the winning entrant is.
27. The Promoter may vary the Details, the terms and conditions of any promotion, the entry mechanic or the prize at any time. The Promoter may cancel or suspend a promotion at any time in its sole discretion.
28. The Promoter shall not be liable for a prize being lost, stolen, damaged or tampered with in any way before they reach the winner or after they have been released to the winners.
29. If the Promoter is unable to provide the winner with a prize, the Promoter reserves its rights to supply an alternative prize of similar monetary value to that prize, subject to any directions given by the relevant territory Gaming Departments.
30. The Promoter accepts no responsibility for any entries not received for any reason during the promotion period. No responsibility will be taken for lost, late or misdirected entries. The Promoter does not warrant that the entry mechanisms will be available at all times during the promotion period.
31. Any entrant who in the opinion of the Promoter, tampers or interferes with the entry or judging mechanism in any way, engages in any unlawful or improper conduct which jeopardises or is likely to jeopardise the fair or proper conduct of a promotion, or who does not properly comply with the entry process, will be ineligible to win.
(a) Promoter, the Promoter’s related entities and all agencies associated with any promotion; and
(b) The employees, agents, directors and contractors, of all entities referred to in paragraph 32(a),
shall not be liable for any loss or claim, action, demand, liability, damage, cost, expense or personal injury whatsoever (including but not limited to any direct, indirect or consequential loss), incurred, suffered or sustained by any person or entity (without limitation) in connection with, or arising from, a promotion or the acceptance or use of a prize, except that which cannot be excluded by law (in which case that liability is limited to the maximum extent allowable by law).
33. The Promoter accepts no responsibility for any tax liabilities that may arise from winning or receiving the benefit of a prize.
34. Prize winners must, at the Promoter’s request, participate in any promotion activity (such as publicity and photography) relating to the winning of a prize, free of charge, and they consent to the Promoter using their name and imagery in any future promotional material.
35. CAUTION: Any attempt to deliberately undermine the legitimate operation of a promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the promoter reserves the right to seek damages to the fullest extent permitted by law.
36. Immediately upon submission by an entrant, their entry/ies become the sole property of the Promoter.
37. The Promoter collects, uses, discloses and stores the entrant’s personal information for the purpose of conducting the Promotion, without which the Promoter couldn’t conduct the Promotion.
38. The Promoter may disclose entrants’ personal information to its contractors and agents to assist in conducting this Promotion, which may include disclosure overseas.
40. The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1988 (The Privacy Amendment (Enhancing Privacy Protection) Act 2012) as well as any other applicable laws.