Terms & Conditions – Ovaltine Sleep Scan Giveaway

General Terms:

1. Information on how to enter and the prize form part of these Terms and Conditions (“Terms”). Participation in this Competition is deemed acceptance of these Terms.
2. The promoter is The Little Corporation, trading as Social Soup, ABN 77 123 825 669, of Level 1, 23 Foster Street, Surry Hills, NSW, 2010 (the “Promoter”).
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 must be received by the Promoter during the Competition Period. The Promoter is not responsible for any late, lost or misdirected entries.
5. Entrants may submit up to the maximum number of entries specified in the Competition Details. If an entrant submits entries in excess of the permitted maximum, only the entry or entries most recently submitted (up to the permitted maximum) will be accepted by the Promoter.
6. Each entrant is responsible for notifying the Promoter of any changes to his/her residential address, email address or phone number during and after the Competition Period. The Promoter will not be liable for any costs associated with re-delivery of a prize, should the details provided by a winner be incorrect.
7. The Competition is a game of chance and each validly submitted entry will enter the draw.
8. A decision of the Promoter in relation to the conduct of the Competition is binding and conclusive and no correspondence will be entered into.
9. Unless otherwise specified in Competition Details, winner(s) will be notified by Instagram direct message and/or email within two (2) business days of the draw. Each entrant consents to the Promoter publishing details of the winner(s) or winning entry/ies on its website and social media channels.
10. 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.
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. Prize(s), or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
13. Any ancillary costs associated with redeeming the voucher or ticket are not included. Any unused balance of the voucher or ticket will not be awarded as cash. Redemption of the voucher or ticket is subject to any expiry date or any terms and conditions of the issuer, including those specified on the voucher or ticket.
14. Winners are responsible for all costs associated with attending the experience, including but not limited to travel to and from the location of the experience.
15. Spending money, meals, insurance, transport, transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. Any costs associated with redeeming the prize, including transport to and from accommodation and any other location relevant to the prize, are the responsibility of the winner (and any companion).
16. Itinerary to be determined by the Promoter in its absolute discretion. 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.
17. Subject to the unclaimed prize draw clause, if for any reason a/the winner does not take/redeem a/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.
18. A draw for the prize, if unclaimed, may take place on the next following day 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 email within two (2) business days of the draw.
19. Entrants agree that they are fully responsible for any materials they submit via the Competition including but not limited to comments, recordings and images (“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:
    1. 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;
    2. their Content shall not contain viruses or cause injury or harm to any person or entity;
    3. they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
    4. 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;
    5. 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
    6. 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.
20. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
21. If this Competition 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.
22. The Promoter makes no warranties or representations about the fitness for purpose or suitability of any prize and will not accept responsibility for the fitness for any purpose of any prize. If liability under terms implied by legislation cannot be excluded by the Promoter, the liability of the Promoter is limited to re-supplying the relevant goods or paying the cost of replacing them.
23. 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 Competition.
24. 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.
25. Any information or material provided by entrants to the Promoter when entering the Competition will be used by the Promoter for the purpose of promoting the purpose of the Competition and for contacting entrants in relation to the Competition. By entering this Competition, entrants consent to the Promoter contacting them from time to time for marketing purposes. The Promoter may share information with its related bodies corporate or promotional partners who may contact entrants for marketing purposes. The Promoter’s privacy policy is available at www.socialsoup.com.
26. Participation in the Competition constitutes the entrant’s unconditional agreement to the Promoter’s use of their name, likeness, image, voice (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Competition (including any outcome) and/or promoting any products manufactured, distributed and/or supplied by the Promoter.
27. The Promoter is not responsible for any tax implications that may arise from the winner or entrant winning the prize. Entrants should seek independent financial advice.