TERMS & CONDITIONS

Win your winter escape with Hydralyte Terms and Conditions (AUS)

1. PROMOTER

1.1 The Promoter is Care Pharmaceuticals Pty Ltd (ABN 30 009 200 604) of Suite 302, Level 3 59-75 Grafton St, Bondi Junction, NSW 2022 (“Promoter”).

1.2 Entry into the Win your winter escape with Hydralyte (“Competition”) is deemed acceptance of these Terms and Conditions. Information on how to enter the Competition form part of these Terms and Conditions.

1.3 If there is any inconsistency between these Terms and Conditions and any other document or representation that refers to the Competition, these Terms and Conditions will prevail.

2. WHO CAN ENTER

2.1 Entry in the Competition is only open to Australian residents aged 18 years or older, and excluding:

(a) employees, management, directors, contractors and subcontractors of the Promoter, the Promoter’s related entities, and other agencies, firms or companies associated with the Competition;

(b) a spouse, de facto spouse, ex-spouse, parent, guardian, child or sibling of a person referred to in subclause 2.1(a); and

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

(“Eligible Entrant”).

2.2 The persons referred to in subclause 2.1(b) 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.

2.3 The Promoter reserves the right to request the Prize winner (as defined below) to provide proof of identity and proof of residency at the nominated prize delivery address in order to claim the Prize (as defined below). In the event the Prize winner cannot provide suitable proof of the above, the Prize winner will forfeit the Prize in whole and no substitute will be offered.

2.4 Any entry that is made on behalf of an Eligible Entrant by a third party will be invalid, unless the Eligible Entrant requires the assistance of a third party to enter due to a disability.

3. WHEN TO ENTER

3.1 The Competition commences at 12:00 am AEST on Thursday, 27 June 2024 and ends at 11:59 pm AEST on Wednesday, 21 August 2024 (“Promotional Period”). Entries must be received by the Promoter prior to the end of the Promotional Period.

3.2 The time of entry will in each case be the time at which the Eligible Entrant submits the online entry form at www.hydralytepromotion.com.au (“the Website”).

3.3 The Promoter accepts no responsibility for any late, lost or misdirected entries not received by the Promoter, or delays in the delivery of the entry due to technical disruptions, network congestion or for any other reason.

4. HOW TO ENTER

4.1 Eligible Entrants may enter the Competition during the Promotional Period by:

(a) purchasing one Eligible Product from a Participating Chemist Warehouse store (“Eligible Purchase”); and

(b) uploading the receipt of the purchase of the Eligible Product and completing the online entry form on the Website.

(“Eligible Entry”).

For the purposes of this clause 4.1:

(i) “Eligible Product” means all Hydralyte products except for Hydralyte 250mL and Hydralyte Sports 600mL bottles.

(ii) “Participating Chemist Warehouse” means any Chemist Warehouse store which displays advertising for this promotion. Participating Chemist Warehouse stores may change from time to time. Please speak to your local Chemist Warehouse representative to confirm eligibility for the Competition.

4.2 Entrants will be responsible for any and all expenses incurred in entering the Competition.

4.3 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 an entrant’s entries and forfeiture of any right to a prize. Purchase receipt(s) must clearly specify the store of purchase and that the purchase was made during the Promotional Period but prior to entry.

4.4 Should an Eligible Entrant’s personal information (including name, place of residence, telephone number) change during the Promotional Period, it is the Eligible Entrant’s responsibility to notify the Promoter.

5. DISQUALIFICATION

5.1 The Promoter reserves the right, at any time and in its absolute and sole discretion, to disqualify any Eligible Entrant who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered or interfered with the Competition in any way (including but not limited to the entry process), who submits an entry that is not in accordance with these Terms and Conditions or who has, in the opinion of Promoter, engaged in conduct in entering the Competition which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Competition and/or Promoter and/or Promoter’s supplier(s), or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Competition.

5.2 The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

6. NUMBER OF ENTRIES PERMITTED

6.1 One entry per Eligible Purchase. Multiple entries can be submitted by an Eligible Entrant provided each Eligible Purchase is different.

7. RANDOM DRAW

7.1 Fifteen (15) prize winners (“Prize winner” or “Prize winners”) will be drawn at random for the Prize.

7.2 The Prize winners will be selected at 11:00 am AEST on Monday, 26 August 2024 (“Selection Date”) at iGoDirect Group, 45 Stubbs Street, Kensington VIC 3031.

7.3 The Promotor may draw additional reserve entries in a draw and record them in order, in case a winning entry or entrant is deemed invalid or a Prize is unclaimed (“Reserve Entrants”).

8. PRIZE

8.1 Each Prize winner will receive a prize pack that consists of the following:

(a) 1 x $1000 Digital Visa Card

(“Prize”).

8.2 The Prize cannot be transferred or exchanged. The Promoter has the sole discretion to remove or change any of the items contained in the Prize.

8.3 Total prize pool value is AU$15,000.00, including delivery. The Promoter accepts no responsibility for any variation in the value.

8.4 It is a condition of accepting the Prize that the Prize winner must comply with all the conditions of use of the Prize including any and all of the Promoter or Promoter’s suppliers’ requirements, including but not limited to these Terms and Conditions.

8.5 If, for any reason whatsoever, the Competition is not capable of being run as planned, including (but not limited to) 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 Competition, the Promoter reserves the right in its absolute discretion to take any action that may be available to it, subject to State and Territory regulations, including cancelling, terminating, modifying or suspending the Competition, or disqualifying an Eligible Entrant. Eligible Entrants will not be entitled to any compensation whatsoever from the Promoter, and the Promoter will not be liable for any damage or loss incurred as a result of the Competition not being run as planned.

8.6 To the extent permitted by law, the Prize winner will not seek any compensation whatsoever or redress from the Promoter, and the Promotor will not be liable for such compensation or redress, if the Prize as stated (or components of the Prize) is not provided by the Promoter to the Prize winner due to an act or omission of a third person or party, or some other cause beyond the Promoter’s reasonable control.

9. NOT INCLUDED IN THE PRIZE

9.1 Any ancillary costs associated with redeeming the Prize are not included. The Promoter accepts no responsibility for any tax implications that may arise in relation to the Prize.

10. NOTIFICATION OF PRIZE WINNER

10.1 The Prize winners will be notified via email within two business days after the Selection Date and the Prize winners will be published within 5 business days of the Selection Date at the Website (“Announcement”). The Prize winner must confirm their acceptance of the prize by 5:00 pm AEST on Monday, 9 September 2024 (“Redemption Period”). Failure to accept the Prize within the Redemption Period on these Terms and Conditions means the Prize winner will forfeit the Prize.

10.2 If a Prize has not been accepted or claimed by a Prize winner by the end of the Redemption Period or if after making all reasonable attempts the Promoter is unable to contact a Prize winner, the Promoter may re-award the relevant prize(s) to Reserve Entrants and / or carry out a draw for the unclaimed Prize(s) on or after on 12:00 pm AEST on Tuesday, 10 September 2024 at iGoDirect Group, 45 Stubbs Street, Kensington VIC 3031, subject to any directions from a regulatory authority. Any Reserve Entrant winners will be informed by phone and email within two days of determination, and their name and state or territory of residence will be published on the Website within 5 business days of the draw.

10.3 The Promoter’s decision is final and no correspondence will be entered into regarding the outcome of the selection. In the unlikely event of correspondence being entered into, these Terms and Conditions will prevail to the extent of any uncertainty.

11. PERSONAL INFORMATION

11.1 All information Eligible Entrants provide (“Personal Information”) will be used by the Promoter and/or the Promoter’s supplier(s) for the purpose of administering or conducting the Competition and contacting and verifying Eligible Entrants. Details from entries will be collected and used for the purpose of conducting the Competition (which may include disclosure to third parties, contractors and agents, including local lottery authorities, for the purpose of processing and conducting the Competition) and for promotional purposes surrounding the Competition.

11.2 By entering into the Competition, Eligible Entrants consent to the use of their Personal Information as described and agree that the Promoter may use this information or disclose it to other organisations (including overseas organisations) and cannot guarantee that any overseas recipient will not breach the Privacy Act 1988 (Cth) and Australian Privacy Principles (“APPs”). By entering the Competition, entrants consent to the overseas transfer on these terms as permitted by the Australian Privacy Principles and agree that the Promoter is not liable in this regard. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the Personal Information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entry into the Competition is conditional upon provision of the requested Personal Information.

11.3 The Promoter will use and handle Personal Information as set out in its Privacy Policy, which can be viewed at https://hydralyte.com.au/privacy-policy/. The Privacy Policy details how a privacy complaints can be made. The Privacy Policy also contains information about how Eligible Entrants may opt out, access, update or correct their Personal Information and how complaints will be dealt with.

12. EXCLUSION OF LIABILITY

12.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROMOTER, THE PROMOTER’S RELATED ENTITIES AND ALL AGENCIES ASSOCIATED WITH THE COMPETITION AND ITS EMPLOYEES, AGENTS, DIRECTORS AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY LOSS OR CLAIM, ACTION, DEMAND, LIABILITY, DAMAGE, COST, EXPENSE OR PERSONAL INJURY WHATSOEVER INCLUDING BUT NOT LIMITED TO ANY DIRECT OR INDIRECT LOSS, COSTS, DAMAGES OR EXPENSES, INCLUDING CONSEQUENTIAL LOSS, COSTS, DAMAGES OR EXPENSES, INCURRED, SUFFERED OR SUSTAINED BY ANY PERSON (INCLUDING BUT NOT LIMITED TO THE PRIZE WINNER) OR ENTITY (WITHOUT LIMITATION) IN CONNECTION WITH, OR ARISING FROM, THE COMPETITION OR THE ACCEPTANCE OR USE OF THE PRIZE (OR ANY COMPONENT OF THE PRIZE).

13. PROMOTIONAL ACTIVITIES

13.1 The Prize winner must, at the Promoter’s request, participate in any promotional activity (such as publicity and photography) relating to the winning of the Prize, free of charge, and consents to the Promoter using their name and image in any future promotional material in any media for an unlimited period of time for the purpose of promoting the Competition and/or promoting any products manufactured, distributed or supplied by the Promoter.

13.2 To the extent applicable, each Eligible Entrant hereby assigns to the Promoter all right, title and interest in and to all intellectual property, copyright and all moral rights in any material created or otherwise submitted to the Promoter in connection with that entrant’s entry in the Competition or participation in any aspect of the Prize (“Works”). Each Eligible Entrant warrants that the Promoter is free to use the Works (including modifying, adapting or publishing the entry, whether in original or modified form, in whole or in part or not at all) and to exercise its rights in relation thereto and neither the Eligible Entrant nor any third party will be entitled to any fee for such use.

13.3 To the extent applicable, in consideration for the Promoter awarding the Prize to the Prize winner, the Prize winner hereby permits the Prize winner’s submission, image and/or voice, as recorded, photographed or filmed during the Prize winner’s participation in the Prize to appear in connection with the Little brand or the advertising or marketing thereof, in any media whatsoever throughout the world and the Prize winner will not be entitled to any fee for such use.

14. GENERAL TERMS

14.1 An Eligible Entrant is responsible for ensuring their familiarity with these Terms and Conditions.

14.2 Any costs associated with accessing the Competition are the Eligible Entrant’s sole responsibility and are solely dependent on the internet service provider used.

14.3 The Promoter is not responsible for technical difficulties with the entry mechanism, including website malfunctions or glitches, and does not warrant that the entry mechanism will be available at all times.

14.4 The Promoter shall not be liable for the Prize (or any component of the Prize) being lost, stolen, damaged or tampered with in any way before it reaches the Prize winner or after it has been released to the Prize winner.

14.5 Any attempt to deliberately undermine the legitimate operation of this Competition may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law.

14.6 Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees provided in the Competition and Consumer Act 2010 (Cth).

14.7 Eligible Entrants acknowledge that the Promoter can rely on these Terms and Conditions even if the Promoter only learns of a person’s ineligibility after the Promoter has awarded the Prize to the ineligible person. Repayment of the Prize (or any component of the Prize) to the Promoter may be required by the Promoter in such circumstances.

14.8 These Terms and Conditions are governed by the laws of New South Wales, and the parties submit their disputes to the exclusive jurisdiction of the courts of New South Wales and any court hearing appeals from those courts.

14.9 If an Eligible Entrant uses any form of software or third-party application to enter multiple times (including scripting software), organises for a third party to enter on their behalf in breach of these terms and conditions or enters using incorrect contact details, his or her entry will be deemed invalid. If such an Eligible Entrant wins the Prize, the Eligible Entrant must immediately return the Prize to the Promoter. The Promoter has absolute and sole discretion to determine whether an Eligible Entrant has breached this clause. The Promoter reserves the right to request whatever documentation it deems necessary to confirm whether an Eligible Entrant has breached this clause. Eligible Entrants must provide whatever documents the Promoter requires upon request or otherwise be disqualified from the Competition.

14.10 The Prize must be taken as stated and no compensation will be payable if the Prize winner is unable to use the Prize.

14.11 The Promoter reserves the right to re-select the Prize winner if an Eligible Entrant who claims to be a Prize winner is unable to satisfy these Terms and Conditions.

14.12 In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the Competition on the dates and/or in the manner described in these Terms and Conditions, including but not limited to vandalism, power failures, tempests, natural disasters, pandemic (including COVID-19), acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the Competition and recommence it from the start on the same conditions, subject to any directions given under state or territory regulation.

NSW Authority No. TP/ 03480

ACT Permit No. TP24/ 00928

SA Permit No. T24/ 711