TERMS & CONDITIONS
“LIFE-SPACE – WIN FRESH BABY FOOD FOR A YEAR ” PROMOTION
TERMS AND CONDITIONS
1. Information on how to enter the “Life – Space Win Fresh Baby Food For A Year” Promotion (Promotion) and the prizes form part of these Terms and Conditions. By participating, Entrants (as defined below) agree to be bound by these Terms and Conditions.
2. The promoter is Evolution Health Pty Ltd (ABN 46 120 173 159), Level 2, 441 St Kilda Road, Melbourne VIC 3004 (Promoter).
3. Entry is only open to Australian residents aged 18 years or over (Entrants).
4. Employees (and the immediate families) of the Promoter, participating retailers and agencies associated with this Promotion are ineligible to enter.
5. The Promotion commences on 1 June 2018 at 12:01am AEST and entries close at 11:59pm AEST on 8 July 2018 (Promotional Period).
6. To enter the Promotion, Entrants must, during the Promotional Period:
(a) Purchase either a Life-Space Pregnancy & Breastfeeding Probiotic or Baby Probiotic at a Priceline retailer in Australia (Qualifying Purchase);
(b) Retain their original purchase receipt; and then
(c) Submit a valid entry in accordance with these Terms and Conditions.
7. To submit a valid entry, Entrants must visit the promotional entry website at lifespaceprobiotics.com/win (Website). Entrants must then fully complete the entry form on the Website as requested, including but not limited to, entering the requested details, upload a copy of their receipt, and follow the prompts to submit the entry online so that it is received during the Promotional Period.
8. Multiple entries permitted, subject to the following: (a) only one (1) entry per Qualifying Purchase; (b) each entry must be submitted separately and in accordance with the entry requirements; and (c) unrecognised receipt(s) will be deemed invalid.
9. All entries must be received by the Promoter during the Promotional Period. Entries received before the start of the Promotional Period or after the close of the Promotional Period will not count towards the Promotion and will be regarded as invalid. Records of the Promoter are final and conclusive as to time of receipt. Incomplete, illegible or indecipherable entries will be deemed invalid.
10. Entrants can only enter in their own name. 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, or otherwise than in accordance with the spirit 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.
11. 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.
12. For each entry, Entrants must retain the original purchase receipt(s) for entry used to enter the Promotion. The original purchase receipt(s) must clearly show each product was purchased during the Promotional Period but before the date of entry, and the participating retail outlet where each product was purchased. Failure to produce the original purchase receipt for an entry 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.
Minor instant prizes
13. There will be a total of thirty-eight (38) minor instant win prizes to be won during the Promotional Period - one (1) minor instant win prize to be won per day of the Promotional Period. The winners will be notified online instantly and by email within (2) VIC business days and ACT winners, if any, published at the Website five (5) days after being notified of winning.
14. Each minor instant win prize will consist of a Love Mae Bamboo Bowl set valued at $24.95.
15. The draw for the major prize will take place at Core Marketing Services, Level 4, 80 Market Street, South Melbourne VIC 3205 at 12pm on 12/07/2018. The winner will be notified by email within (2) VIC business days of the draw and published at the Website on 19/07/2018.
16. The first valid entry drawn in the major prize draw will win the major prize valued at $4,307. The major prize is a twelve (12) month’s supply of Food Babies Love food product. The Promoter, will in consultation with the winner, determine what Food Babies Love product is delivered within four (4) weeks of notification of winning the prize. If there is no agreement, then the Promoter will determine the nature of the prize in its absolute discretion. The major prize is based on twelve (12) month’s supply of two (2) pots of product per day for 365 days. The prize will be delivered as one (1) batch of a month’s supply per month.
17. Total prize value is $5,255.10.
18. A draw for any unclaimed prize will take place at the same time and place as the original major draw on 15/10/2018, subject to any written directions from a regulatory authority. Winner(s), if any, will be notified by email will be notified by email within (2) VIC business days and published at the Website on 19/10/2018.
19. The Promoter’s decision is final and no correspondence will be entered into.
20. Prizes are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
21. If for any reason a winner does not take a prize (or an element of a prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash.
22. If the prize (or any part of a prize is not available) the Promoter reserves the right to exchange the prize (or part thereof) with a prize of equal value and specification, subject to any direction from a lottery authority.
23. Entrants who win a prize consent to the Promoter using their name, likeness, image and/or voice (including photograph, film and/or recording of the same), in any media, for an unlimited period and without remuneration, for the purpose of promoting this Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
24. 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.
25. Any cost associated with entering the Promotion, or accessing the Website is the Entrant’s responsibility.
26. Quality control errors will not invalidate an otherwise valid prize claim. Unless otherwise due to fraud or ineligibility under these Terms and Conditions, all instant win prize claims in excess of the advertised total prize pool will be honoured.
27. 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 officers, employees and agents) exclude 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.
28. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its 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: (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) a prize.
29. As a condition of participating in a Promotion, each winner indemnifies the Promoter, all organisers, sponsors and all other persons and organisations associated in any way with the Promotion against all claims, damages, liabilities, costs and expenses (including legal fees on a solicitor and client basis) which the Promoter may incur arising out of the winner’s participation in the Promotion and/or participation in a prize, howsoever caused.
Permits: NSW LTPS/18/23855, ACT TP 18/00745 and SA T18/676