“$1,000 CASH BACK – EOY 2018” PROMOTION
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 businesses located in Australia that have an active credit account with FIT-BioCeuticals and that, as at 11:59pm AEDST on 30/11/2018, have unpaid invoices for their FIT-BioCeuticals account with a due date of 31/12/2018 or before (“Eligible Business”). Entry is not open to any pharmacies or health food stores operating under the banner of Priceline Head Office, My Chemist/Chemist Warehouse, or API Warehouse.
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. Promotion commences at 12:00am AEDST on 01/12/2018 and ends at 11:59pm AEDST on 31/12/2018 (“Promotional Period”).
5. To receive an automatic entry into the draw, an authorised representative (aged 18 years or over) of an Eligible Business must, during the Promotional Period, pay in full all invoices owing on their FIT-BioCeuticals account with a due date of 31/12/2018 or before. For the sake of clarity, an Eligible Business that has remaining unpaid invoices with a due date after 31/12/2018, but has paid in full all invoices with a due date of 31/12/2018 or before during the Promotional Period, will still be eligible to receive an entry.
6. Incomplete payments will be deemed invalid.
7. Only one (1) entry is permitted per Eligible Business.
8. The Promoter reserves the right, at any time, to verify the validity of entries, authorised representatives and Eligible Businesses (including an authorised representative’s identity, age, place of residence and position in the Eligible Business) and reserves the right, in its sole discretion, to disqualify any authorised representative 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. If there is a dispute as to the identity of an authorised representative or Eligible Business, the Promoter reserves the right, in its sole discretion, to determine the identity of the authorised representative or Eligible Business.
10. The draw will take place at Anisimoff Legal, Suite 5, Erina Plaza, 210 Central Coast Highway, Erina NSW 2250 at 10:00am AEDST on 08/01/2019. Anisimoff Legal, on behalf of the Promoter, may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
11. Winning Eligible Businesses will be notified by telephone and in writing by email within two (2) business days of the draw, and the names of the winning Eligible Businesses will be published online at www.bioceuticals.com.au from 16/01/2019. Any SA winners will also be published in The Advertiser (SA) on 16/01/2019.
12. The Promoter’s decision is final and no correspondence will be entered into.
13. The first three (3) valid Eligible Businesses drawn will each win a $1,000 credit, which will be applied directly into the FIT-BioCeuticals account of each winning Eligible Business.
14. In the event that a winner cancels their FIT-BioCeuticals account, any remaining credit on the account (out of the awarded $1,000 credit) will be forfeited by the winner.
15. Subject to the unclaimed prize draw clause, if for any reason a winner does not take/redeem a prize (or part of a prize) by the time stipulated by the Promoter, then the prize (or part of the prize) will be forfeited.
16. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
17. Total prize pool value is $3,000.
18. A draw for any unclaimed prizes may take place on 10/04/2019 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winning Eligible Businesses, if any, will be notified by telephone and in writing by email within two (2) business days of the draw, and the names of the winning Eligible Businesses will be published online at www.bioceuticals.com.au from 18/04/2019. Any SA winners will also be published in The Advertiser (SA) on 18/04/2019.
19. Authorised representatives entering the promotion on behalf of an Eligible Business consent to the Promoter using their name, likeness, image and/or voice and the Eligible Business’ name and/or image 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. 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.
22. 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 winning Eligible Business; or (e) taking and/or use of a prize.
24. The promoter is FIT-BioCeuticals Limited (ABN 77 062 851 683) of Unit 1, Level 1, 85 O’Riordan Street, Alexandria, NSW 2015, telephone (02) 9080 0900 (“Promoter”).
NSW Permit No. LTPS/18/ 29277