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, participating pharmacies 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. Promotion commences on 01/02/2015 and final entries close at 11:59pm AEDST on 31/03/2015 (“Promotional Period”).
5. To be eligible to enter, individuals must purchase any SolvEasy Tinea Cream or SolvEasy Tinea Spray product from a participating pharmacy during the Promotional Period. For the purposes of this promotion, a participating pharmacy will be any pharmacy in Australia that shelves SolvEasy Tinea Cream and/or SolvEasy Tinea Spray products during the Promotional Period.
6. To enter, individuals must then send an SMS to 1977 7755 (Premium SMS Cost 55c inc GST) containing the last five (5) digits of the SolvEasy Tinea Cream or SolvEasy Tinea Spray product barcode number, their first name, last name and postcode (in that order with a space between each item and no commas). Example Entry: 89732 Sam Smith 3000
7. Entrants must have premium service access. SMS helpline: 1800 818 957. SMS Provider Prime Focus. Winners will be contacted by SMS and/or phone and, if necessary, the Promoter will record their address details so that the prize may be awarded. SMS entries via the Internet are ineligible.
8. Entries are deemed to be received at the time of receipt into the promotion database and NOT at the time of transmission by the entrant.
9. Incomplete or indecipherable entries will be deemed invalid.
10. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per eligible product purchased; (b) each entry must be submitted separately and in accordance with entry requirements; and (c) a maximum of four (4) entries per person per day is permitted.
11. 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 that an eligible product was purchased and that the purchase was made during the Promotional Period but prior to entry.
12. 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 including but not limited to tampering by way of use of techniques designed to avoid the payment of SMS costs 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.
13. 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.
14. The draw will take place at Prime Focus, Suite 403/62 Beach Street, Port Melbourne, VIC 3207 on 08/04/2015 at 12:00pm AEST. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
15. The winner will be notified by telephone and in writing within two (2) business days of the draw and their name will be published in The Australian on 15/04/2015.
16. The Promoter’s decision is final and no correspondence will be entered into.
17. The first valid entry drawn will win $7,000, awarded in the form of a cheque made payable in the winner’s name.
18. Subject to the unclaimed prize draw clause, if for any reason the winner does not take the prize by the time stipulated by the Promoter, then the prize will be forfeited.
19. Total prize pool value is $7,000.
20. The prize, or any unused portion of the prize, is not transferable or exchangeable.
21. A draw for the prize, if unclaimed, may take place on 08/07/2015 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 by telephone and in writing within two (2) business days of the draw and their name will be published in The Australian on 15/07/2015.
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. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
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 tax liability incurred by a winner or entrant; or (e) taking and/or use of the prize.
27. As a condition of accepting the prize, the winner 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.
29. The Promoter is Ego Pharmaceuticals Proprietary Limited (ABN 86 005 142 361) of 21-31 Malcolm Road, Braeside VIC 3195, telephone (03) 9586 8800.
NSW Permit No. LTPS/14/10247, VIC Permit No. 14/6102, ACT Permit No. TP14/04537, SA Permit No. T14/2427