TERMS AND CONDITIONS
1. Information on how to enter and the 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 aged 18 years or over.
3. 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 1st cousin.
4. Entries into the promotion open on 03/12/2019 and close at 11:59pm AEDST on 08/01/2020 (“Promotional Period”).
5. To enter, individuals must visit sunsense.com.au/win, follow the prompts to the promotion entry page, input the requested details including full name, email address, date of birth, mobile number, residential address, select a product to review, complete the review and submit the fully completed entry form during the Promotional Period.
6. The first two hundred and four (204) entries received will be eligible for a prize, as determined in accordance with clause 12 below. Individuals will be notified by SMS within 48 hours of submitting their entry if they have been successful in being eligible for a prize.
7. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per product review; (b) each entry must be submitted separately and in accordance with entry requirements; and (c) a maximum of two (2) entries per person is permitted.
8. 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.
9. Incomplete or indecipherable entries will be deemed invalid.
10. 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.
11. The following prizes will be available to be won during the Promotional Period:
- 25 x SunSense Picnic basket valued at RRP $24.95;
- 80 x SunSense Cooler Bag 2 designs valued at RRP $19.99;
- 2 x Sunglass Hut Voucher valued at RRP $200;
- 25 x Portable Bluetooth Speaker valued at RRP $15;
- 5 x SunSense Beach Umbrella valued at RRP $49.99;
- 2 x Beach Cart valued at RRP $99.99;
- 25 x SunSense Frisbee valued at RRP $5.99;
- 10 x SunSense BPA Free Drink Bottle valued at RRP $9.99;
- 10 x SunSense Bucket Hat valued at RRP $9.99; and
- 20 x SunSense Towel valued at RRP $9.99.
12. The first two hundred and four (204) entries received will be entered into a random draw, to take place at the conclusion of the Promotional Period, to determine which prize the winners will receive. The draw will take place at Channel T, 1/90 York Street, South Melbourne 3205 on 09/01/2020 at 12:00pm (noon) AEDST. Prizes outlined in clause 11 will be awarded in descending order of value to all entrants in the draw. Winners will be notified in writing within two (2) business days of the draw advising which prize they have received. In the event of any winners from ACT their names will be published at http://sunsense.com.au/promotions from 13/01/2020.
13. The Promoter’s decision is final and no correspondence will be entered into.
14. Any ancillary costs associated with redeeming the Sunglass Hut Voucher are not included. Any unused balance of the Sunglass Hut Voucher will not be awarded as cash. Redemption of the Sunglass Hut Voucher is subject to any terms and conditions of the issuer including those specified on the Sunglass Hut Voucher.
15. Subject to the unclaimed prize draw clause, if for any reason a winner does not take / redeem a prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
16. If any prize (or part of any 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.
17. Total prize pool value is $3,997.23.
18. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
19. A draw for any unclaimed prizes may take place on 10/04/2020 at the same time and place as the original draw, subject to any directions from a regulatory authority. All other entrants who were unsuccessful in being one of the first two hundred and four (204) entries received will be entered into this draw. Winners, if any, will be notified in writing within two (2) business days of the draw. In the event of any winners from ACT their names will be published at http://sunsense.com.au/promotions from 17/04/2020.
20. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments in the product review submitted (“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) they will obtain full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, and the Content 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.
Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
21. 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.
22. 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.
23. 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.
24. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
25. 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.
26. 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.
28. The Promoter is Ego Pharmaceuticals Pty Ltd (ABN 86 005 142 361) of 21-31 Malcolm Road, Braeside VIC 3195, telephone 1800 033 706.
NSW Permit No. LTPS/19/40552 ACT Permit No. TP19/04812