TERMS AND CONDITIONS OF ENTRY FOR THE “Cetaphil Skin Awareness Month” (PROMOTION)

Instagram Post: https://www.instagram.com/p/Cq34-M4MPX_/?hl=en

The Promoter is Galderma Australia (ABN 12 003 976 930) of Level 18, 1 Denison Street North Sydney NSW 2060 (Promoter)

1.Information and instructions on how to enter and prizes form part of these terms and conditions of entry (Conditions of Entry). 

2.Entry into the Promotion is deemed acceptance of these Conditions of Entry.

3.The entrant is responsible for ensuring his or her familiarity with the Conditions of Entry at the time of participation. The Promoter’s decision not to enforce a specific restriction (whether communicated to an entrant or not) does not constitute a waiver of that restriction or of the Conditions of Entry generally.

4.All entrants acknowledge that the Promoter can rely on these Conditions of Entry even if the Promoter only learns of a person’s ineligibility after the Promoter has awarded a prize to the ineligible person. Return of a prize or payment of its equivalent value to the Promoter may be required by the Promoter if this occurs.

5.The Promoter’s decision in relation to any aspect of these Conditions of Entry and the Promotion is final and binding on every person who enters. No correspondence will be entered into.

PROMOTION PERIOD

6.The Promotion will commence at 9AM AEST/AEDT on Monday 11th April 2023 and conclude at 11.59PM AEST/AEDT on Sunday 30th April 2023 (Promotion Period).

WHO CAN ENTER

7. Entry in the promotion is open to residents of Australia aged 18 years or over, excluding:

(a) management, employees, directors and contractors of the Promotor, its related entities and other agencies, firms or companies associated with the Promotion (including the prize suppliers);

(b) a spouse, de-facto spouse, parent, guardian, child or sibling of a person referred to in paragraph 7(a) of these Conditions of Entry; and

(c) persons who have breached the terms and conditions of any promotion run by or on behalf of the Promoter,

(Eligible Entrant). The persons referred to in paragraph 7(b) of these Conditions of Entry includes natural and non-natural relations (in the opinion of the Promoter) and the Promoter is responsible for determining whether a person is an Eligible Entrant in its absolute discretion.

HOW TO ENTER

8. To enter the Promotion, Eligible Entrants must, during the Promotion Period: 

(a) Tag a friend via a comment on the Skin Awareness Month competition post on the @cetaphilaustralia Instagram page;

(b) Like the Skin Awareness Month competition post; and 

(c) Follow @cetaphilaustralia on Instagram.

(Eligible Entry).

9. This Promotion is a game of chance and skill plays no part in determining the Winners. 

10. Illegible, late, incomplete or incorrect entries will be deemed invalid and therefore ineligible to enter the Promotion or win the prize. Any dispute relating to whether entries have been received or not, will be determined by the Promoter, whose decision is final. Incomplete, inaccurate, underage, erroneous, ineligible or incomprehensible entries will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected entries.

11. An Eligible Entrant may submit multiple entries during the Promotion Period subject to compliance with these Conditions of Entry.

12. Any costs associated with submitting an Eligible Entry is the entrant’s responsibility.

13. The Promoter reserves the right, at any time, to verify the validity of entries and Eligible Entrants (including an Eligible Entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify an individual who the Promoter has reason to believe has breached any of these Conditions of Entry, 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. 

PRIZE INFORMATION

14. The prize is one of fifteen Endota Surrender Spa packages valued at $175 each RRP (Prize). The voucher is valid until the expiry date specified on the gift voucher or by the gift voucher provider. The gift voucher is not transferable or redeemable for cash. The Promoter will not be responsible for any gift voucher that is lost or stolen.

15. All taxes (excluding goods and services tax (GST), which may be payable as a consequence of receiving the Prize, are the sole responsibility of the Winners.

16. The Prize is subject to the terms and conditions of Endota Spa.

PRIZE DRAW AND NOTIFICATION OF PRIZE WINNERS

17. All valid entries will be included in the draw.

18. The draw will take place at 11AM (AEST/AEDT) on Monday 1st May 2023 Level 18, 1 Denison Street North Sydney NSW 2060 (Prize Draw Date).

19. The 15 valid entries drawn on the Prize Draw Date will be the winners of the Prizes (Winners).

20. The draw will be scrutinised by an independent person, unless an exemption is granted by a regulatory authority.

21. Winners will be notified on Monday 1st May 2023 via Instagram direct message that they have won and will be asked for a valid email address. The email address will be used to send the Prize to the winner. The Winners’ full names and/or initials will be announced on www.cetaphil.com.au where these Conditions of Entry are stored and available for a minimum of 28 days on and from Tuesday 2nd May 2023.

22. The Promoter reserves the right to request Winners to provide proof of identity, proof of residency at the nominated prize delivery address, and proof of entry validity in order to claim any prize. Proof of identification, residency and entry validity considered suitable for verification is at the discretion of the Promoter. In the event that a Winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.

23. The Promoter’s decisions final and no correspondence will be entered into. If a Prize, or an element of a Prize, is unavailable for any reason, the Promoter reserves the right to substitute another prize of equal or greater value for that prize, or element of it, subject to the approval of any relevant authority.

24. If a winning entry is deemed not to comply with these Conditions of Entry or any prize remains unclaimed by Tuesday 1st August 2023, the Prize will be deemed to have been forfeited and the next best Winner(s) will be chosen for the unclaimed or available prize. The winners of the unclaimed prize will be notified in the same manner as set out in clause 21 above.

25. Once the prizes have left the Promoter’s premises, the Promoter takes no responsibility for prizes damaged, delayed or lost in transit. By accepting a prize, the Winner agrees to participate in and co-operate if required by the Promoter with all reasonable media editorial requests relating to the Promotion, including but not limited to, being interviewed and photographed and/or filmed.

SUBMISSION OF CONTENT MATERIALS

26. The Promoter reserves the right in its sole discretion to:

(a) not consider any entry which is not in accordance with these conditions of entry; and 

(b) to disqualify any individual who the Promoter has reason to believe has breached any of these Conditions of Entry or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages and other compensation are reserved.

27. Each entrant warrants and agrees that:

(a) the entrant has created the entry themself;

(b) the entrant is entitled to reproduce and exploit all of the underlying works in the entry;

(c) the entrant will not submit material in their entry that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless the entrant is the owner of such rights;

(d) the entry has not been previously published in any other medium or forum worldwide;

(e) they will not submit material that is unlawful, obscene, defamatory, derogatory, threatening, pornographic, sexually inappropriate, violent, abusive, harassing, hateful, racially, religiously or ethnically offensive, or encourages, evidences or indicates conduct that would be considered a criminal offence, gives rise to civil liability, or violates any law;

(f) the entry will not cause injury or harm to any person or entity; and

(g) the entrant has not granted rights to their entry to any other person which is inconsistent with the rights granted to the Promoter.

28. Each entrant consents to the Promoter (and each of its assignees and licensees) doing or omitting to do anything which may infringe any and all moral rights of the entrant including to edit, alter and reproduce the entry, and that such consents have been obtained to the full extent permitted under the Copyright Act 1968 (Cth).

29. Each entrant acknowledges and agrees that if their entry wins, the Promoter (and each of its assignees and licensees) have the right, in their absolute discretion, to edit, amend, copy, use, publish, broadcast and communicate to the public, the entry in any media including the internet, without any further consultation, reference, payment or any other compensation to the entrant.

30. Each entrant must create their own entry and only submit an entry in their own name. All entries become the property of the Promoter.

GENERAL

31. Dollar values are quoted in Australia dollars. Prizes are not transferable or exchangeable and cannot be redeemed for cash.

32. All costs associated or arising in connection with a Prize are the responsibility of the respective Prize winner.

33. The Promoter accepts no responsibility for any variation in the value of the Prizes from the time of publishing of these Conditions of Entry.

34. 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.

35. If, for any reason, the Promotion is not capable of being run as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter reserves the right in its absolute discretion to take any action that may be available to it, subject to state and/or territory regulations, including cancelling, terminating, modifying or suspending the Promotion.

36. The: 

(a) Promoter, the Promoter’s related entities and all agencies and companies associated with this Promotion; and

(b) The employees, agents, directors and contractors, of all entities referred to in paragraph 36(a),

shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect, special or consequential loss or loss of profits) or for any personal injury or death which is suffered or sustained (including without limitation to that caused by any person’s negligence) arising out of or in connection with this Promotion or the awarding or taking of the Prizes except for any liability which cannot be excluded by law (in which case liability is limited to the minimum amount allowable by law).

37. Nothing in these conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable. The Promoter and its’ associated agencies and companies are not responsible for any incorrect or inaccurate information, either caused or provided by the entrant, or for any of the equipment associated with or utilized in this Promotion, for any technical error, or for any combination thereof that may occur in the course of the administration of this Promotion including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries, and reserves the right to take any action that may be available.

38. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

39. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these Conditions of Entry, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

40. By entering this promotion on Instagram, Eligible Entrants:

(a) agree to comply with Instagram’s terms of use;

(b) release Instagram from all claims based on, related to or arising from the promotion; and

(c) acknowledge and agree that this promotion is in no way sponsored, endorsed, administered by or affiliated with Instagram and

(d) agree any questions, comments or complaints about this Promotion must be directed to the Promoter and not to Instagram 

PERSONAL INFORMATION

41. The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1998 (Cth) as well as any other applicable laws.

42. Eligible Entrants may view the Promoter’s Privacy Policy at https://www.cetaphil.com.au/privacy-policy.html. 

43. Entrants’ personal information (PI) will be collected to enable the Promoter and its agencies to administer and promote this Promotion and its winners. The PI of entrants maybe provided to others assisting in the conduct of the Promotion, including suppliers and deliverers. If the PI requested is not provided, the entrant may not participate in the Promotion. By entering this Promotion the entrant consents to the use of their PI as described. A request to access, update or correct any personal information should be directed to the Promoter. If any entrant does not truthfully provide all requested PI, the Promoter may determine the entrant is not eligible to claim a prize. Please refer to the Promoter’s Privacy Policy referred to in paragraph 42 for further information. 

44. Should an entrant’s PI change during the Promotion Period, it is the entrant’s responsibility to notify the Promoter by using the process specified in the Promoter’s Privacy Policy.