Terms of Use

Terms and Conditions

Introduction
Ego Pharmaceuticals Pty Ltd (Ego) owns and operates this web site (Ego’s site). Your access to Ego’s site is conditional upon your acceptance and compliance with these Terms of Use. Your use of, and / or access to, Ego’s site constitutes your agreement to these Terms of Use.

Specific limits of Ego’s site
Ego’s site does not offer any diagnostic advice or service. If you need advice, information or treatment you should consult a qualified medical or health care practitioner and not use this site.

The information on Ego’s site is a guide only.

The content of Ego’s site is not intended to:
• constitute professional medical or health care advice or diagnosis or treatment;
• be relied upon without any professional consultation or independent consideration by a qualified medical practitioner or pharmacist as appropriate.

You should not rely on information which you obtain from or via Ego’s site as a substitute for medical or health care advice, information or treatment from a qualified health care professional.

Usefulness of Ego’s site
Ego’s site is designed and written to provide an initial and useful general practical explanation of a range of common skin conditions with possible management product options. Bearing in mind the uniqueness of every person it is not feasible to set out in detail every common skin condition which might apply in each particular case. While Ego’s site may offer information about a particular problem Ego cannot confirm that that problem is what the user has nor the right product in the circumstances. It is imperative to seek advice from the appropriate health care professional especially when a condition does not respond to treatment within a reasonable length of time.

Terms of use
The information on Ego’s site is offered on the terms and understanding that neither Ego nor Ego’s directors and Ego site’s authors are responsible for the results of any actions taken on the basis of the information or for any error or omission in the information. No person including medical practitioners, pharmacists and nurses should act solely on the basis of the information on Ego’s site. Changes to knowledge may occur quickly and further each person is different and responds to treatment differently.

As a guide a milder product should be used initially, gradually increasing the therapeutic strength of the product used, if necessary.

Occasionally, product improvements require change and the products may change without notice.

Ego’s site
Ego endeavours to provide a convenient and functional site. However, Ego does not warrant the content will be error free or that the site or the server that operates it are free of viruses or other harmful components.

If your use of Ego’s site results in the need for servicing or replacing property, material, equipment or data, Ego will not be responsible for such costs.

Copyright and other intellectual property
Ego’s site contains material which is subject to copyright and other intellectual property rights owned by or licensed to Ego. Subject to fair use and other relevant defences:

You are allowed to:
view, copy and print material in electronic or other forms only for your personal use, or non-commercial purposes and only if you retain the copyright notice and other intellectual property notices from the original material;

You are NOT allowed to:
• use material from Ego’s site for non-personal, public or commercial purposes (other than provision of professional services if a medical or health care practitioner for individual patients); or
• breach copyright or any other intellectual property rights of Ego or its licensors including by amending or adapting any material on Ego’s site.

Subject to the provision above no part of Ego’s site may be reproduced, stored in a retrieval system, or transmitted in any form or any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of a director of Ego Pharmaceuticals Pty Ltd.

Advertising, links to third party web sites and e-commerce offers
Ego’s site contains hyperlinks and other pointers to internet web sites operated by third parties. These linked web sites are not under the control of Ego. Ego is not responsible for the contents of any linked web or any hyperlink contained in a linked web site. Ego provides these hyperlinks to you as a convenience only. Inclusion of any link is not nor does it imply any endorsement of the linked web site by Ego. You link to any such web site entirely at your own risk.

Applicable Law
This agreement will be governed by and construed in accordance with the laws of Victoria, Australia.

Feedback
It is hoped that the web site will provide a useful guide and any comments on its structure and contents with a view to improving its usefulness would be welcome.

1. Information on how to enter and the prize 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 byadoption), 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 30/11/2019 and close at 11:59pm AEDT on 07/02/2020 (“Promotional Period”).

5. Throughout the Promotional Period, representatives of the Promoter will be handing out SunSense samples (each a “Sample”) at selected locations nationally. To beeligible to enter, individuals must obtain and try a Sample.

6. To enter, individuals must then visit www.sunsense.com.au/win, follow the prompts to the promotion entry page, input the requested details (including their full name, email address, telephone number, postal address, the Sample tried, where the Sample was obtained, and a rating and review of the Sample), and submit the fully completed entryform so that it is received during the Promotional Period.

7. Only one (1) entry is permitted per person.

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 draw will take place at the Promoter’s office, 6 Oppenheim Way, Dandenong South, VIC 3175 on 14/02/2020 at 10am AEDT. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The winner will be notified via telephone and in writing within two (2) business days of the draw and their name will be published online at www.sunsense.com.au/win from 21/02/2020.

12. The Promoter’s decision is final and no correspondence will be entered into.

13. The first valid entry drawn will win a trip for four (4) people (i.e. either adults and/or children) to Bali, Indonesia valued at up to AU$9,400 depending on date and point of departure. Prize includes:

• Four (4) x return economy airfares from winner's nearest Australian capital city to Denpasar, Bali;

• 5 nights twin share 4-star accommodation in Seminyak including breakfast daily (on set menu);

• Return transfers between Denpasar airport and accommodation;

• A boat tour for four (4) people; and

• AU$500 spending money awarded as EFT (for the winner only). Spending money, additional meals, taxes (excluding airline and airport taxes), insurance, passports, visas, vaccinations, transport to and from departure point, additional transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. Prize must be taken by 14/02/2021 and is subject to booking and flight availability. Prize cannot be taken during Australian school holidays, public holidays or other peak periods. During the entire duration of the prize, a nominated parent/guardian must accompany any person under 18 years of age. The winner and his/her companions are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation. The winner and his/her companions must depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter in agreement with the winner but in the event that agreement cannot be reached, the Promoter reserves the right to determine the itinerary. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. The winner may be required to present their credit card at time of accommodation check in.

14. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify a prize, subject to any written directions from a relevant regulatory authority.

15. Subject to the unclaimed prize draw clause, if for any reason the winner does not take / redeem 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.

16. If the prize (or part of the 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 up to AU$9,400. Prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.

18. A draw for the prize, if unclaimed, may take place on 14/05/2020 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner, if any, will be notified via telephone and in writing within two (2) business days of the draw and their name will be published online at www.sunsense.com.au/win from 21/05/2020.

19. 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.

20. 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.

21. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.

22. 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.

23. 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) taking of the prize.

24. As a condition of accepting the prize, the winner (and his/her companions) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. In the event a winner or winner’s companion is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf.

25. 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 www.egopharm.com/privacypolicy/. 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 PI to any entity outside of Australia.

26. The Promoter is Ego Pharmaceuticals Pty Ltd (ABN 86 005 142 361) of 21-31 Malcolm Road, Braeside VIC 3195, telephone 03 8766 4100.

NSW Permit No. LTPS/19/40191

ACT Permit No. TP19/ 04701

SA Permit No. T19/1987

 

1.            Information on how to enter 1. Information on how to enter and the prize 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.and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

 

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.

27.          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 https://www.sunsense.com.au/au/en/online-privacy-policy.html.  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. Unless otherwise indicated by the Promoter, the Promoter may disclose PI to entities outside of Australia (for a list of the countries, see the Promoter’s Privacy Policy).

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

 

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.

 

27.          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 https://www.sunsense.com.au/au/en/online-privacy-policy.html.  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. Unless otherwise indicated by the Promoter, the Promoter may disclose PI to entities outside of Australia (for a list of the countries, see the Promoter’s Privacy Policy).

 

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