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- Information on How to Enter and prize information form part of these Conditions
of Entry (Conditions of Entry).
- Entry into the promotion is deemed acceptance of these Conditions of Entry.
- 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.
- 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 the prize or payment of
its equivalent value to the Promoter may be required by the Promoter if this occurs.
- 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.
- The Promoter is Kao Brands Australia ABN: 72 111 285 146 of Level 1/ 19 Prospect
St, Box Hill VIC 3128, Phone: (03) 9897 1444 (Promoter).
- All prices stated are in Australian dollars, represent the recommended retail price
(RRP) and include GST. All references to times and dates are to times and dates
in Melbourne, which may be Australian Eastern Standard Time (AEST) or Australian
Eastern Daylight Saving Time (AEDST) depending on the date. All times are stated
using the 24 hour clock.
PROMOTION PERIOD
- The Promotion will commence 00:01AEST on 1/08/2011 until 23:59AEST on 12/09/2011
(Promotion Period).
- Entry in the Promotion is only open to Australian residents aged 18 years and over,
excluding:
(a) management, employees, directors and contractors of the Promoter, its related
entities, the Participating Outlets and other agencies, firms or companies associated
with the Promotion (including suppliers of prizes);
(b) a spouse, de-facto spouse, parent, guardian, child or sibling of a person referred
to in paragraph (a) of these Conditions of Entry;
(c) persons who have breached the terms and conditions of any promotion run by or
on behalf of the Promoter, (Eligible Entrants). The persons referred to in paragraph
(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
- To enter and be eligible to win, Eligible Entrants must, during the Promotion Period,
purchase any Bioré® product (Eligible Products) from a Participating Outlet (Qualifying
Purchase) to receive the entry details required and complete their entry in accordance
with these Terms (Eligible Entry ).
- Entry is via SMS (SMS Entry) and Internet (Web Entry)
- Eligible Entrants can complete their Eligible Entry during the Promotion Period
by sending an SMS to 1979 2763, containing:
i. the last five (5) digits of the valid barcode printed on the Eligible Product
(Valid Barcode);
ii. the last three (3) digits of the receipt number associated with the purchase
of the Eligible Product;
iii. their first name;
iv. their last name;
v. postcode;
in this order (Required Format).
Example: 98765 123 Alex Blake 3101 and which complies with these Conditions of Entry
(SMS Entry).
- For an SMS Entry to be valid:
i. it must be sent from an SMS enabled mobile handset (SMS entries sent via the
internet are ineligible) that is connected to a service provider and service plan
(if applicable) that permits the Eligible Entrant to send SMS to premium SMS numbers
(some handsets are incompatible and some service providers and / or some service
plans do not permit premium SMS. Prospective Entrants should check with their network
service provider to see if their mobile phone is compatible);
ii. it must be identifiable by a MSISDN (unique mobile SIM number);
iii. the Eligible Entrant submitting the SMS Entry must have the bill payer's permission
to enter the Promotion prior to submitting their SMS Entry; and
iv. it must be in the Required Format.
- Maximum cost of each SMS Entry is 55 cents (including GST).
- SMS Entry service provided by Prime Focus ABN: 55 427 571 651 Phone: 1800 818 957
- If an Eligible Entrant submits a valid SMS Entry which complies with the Required
Format and contains a Valid Barcode they will receive an SMS response confirming
that their SMS Entry is valid and has been received (SMS Response).
- If an Eligible Entrant submits an SMS Entry which does not comply with the Required
Format and / or does not contain a Valid Barcode and / or otherwise does not comply
with these Conditions of Entry, they will receive an SMS response informing them
of the error in their SMS Entry (Error SMS Response).
- Response times may vary and are subject to network coverage and availability, the
number of entries received by the Promoter, the available memory of the SIM card
inside the Entrant's mobile phone and/or other technical problems beyond the control
of the Promoter.
- If the Eligible Entrant receives an Error SMS Response and chooses to submit a new
SMS Entry they will be charged an additional 55 cents (including GST). There is
an automated limit on invalid SMS Entries. An Entrant may be blocked, at the discretion
of the Promoter, from submitting entries once the limit has been reached.
- Entrants must ensure that all care is taken when entering. It is the complete responsibility
of the Entrant to ensure that they send the SMS Entry to the correct number, in
the event that an error occurs the Promoter accepts no responsibility for any costs
incurred, responses received or any other financial or other consequences which
result there from but is the sole responsibility of the Entrant.
- Entrants acknowledge that SMS is not a guaranteed delivery communication tool.
- Eligible Entrants can complete their Eligible Entry during the Promotion Period
by:
(a) visiting www.winwithbiore.com.au and following the links to the Promotion entry
page (Online Entry Site);
(b) fully completing and submitting the online Promotion entry on the Online Entry
Site (Online Entry Form), including:
i. all details required on the Online Entry Form, including their First Name + Surname
+ Street Address + Suburb + State + Postcode + Daytime Phone + email + DOB + Gender
+ Optin;
ii. the last five (5) digits of a Valid Barcode number from their Qualifying Purchase;
iii. the last three (3) digits of a Valid receipt number;
iv. indicating their acceptance of these Conditions of Entry (Web Entry).
- Any costs associated with accessing the Promotion website are the entrant’s responsibility
and are dependent on the internet service provider used. Eligible Entrants must
submit their entries manually using an internet browser.
- If an Eligible Entrant submits a Web Entry:
i. which complies with these Terms, they will receive an on-screen notification
confirming that their Web Entry is valid and has been received; or
ii. which does not comply with these Terms, they will receive an on-screen notification
that their Web Entry is invalid, whichever is applicable in the circumstances.
- There is a limit to the number of invalid Barcodes that may be submitted by entrants
in attempting to enter the Promotion. The Promoter may, at its absolute discretion,
block and / or disqualify Entrants from submitting further entries into the Promotion
where they have reached that limit.
- The Promoter is not responsible for technical difficulties with the entry mechanism
and does not warrant that any entry mechanism will be available at all times.
- The use of any automated entry software or any other mechanical or electronic means
that allows an entrant to automatically enter the Promotion repeatedly is prohibited
and will render entries submitted using such means invalid.
- Incomplete, illegible, indecipherable or incorrect SMS Entries or Web Entries(together
referred to as Entries), or which contain offensive or defamatory comments, or which
breach any law or infringe any third party rights, including intellectual property
rights, are not eligible to win.
- Entries are deemed to be received at the time of receipt into the Promoter's database,
not time of transmission by the entrant.
- The Promoter accepts no responsibility for late, lost or misdirected Entries, or
Entries not received for any reason.
VERIFICATION
- Entrants must retain a photocopy of their purchase receipt from the Eligible Product
they purchased as part of their Qualifying Purchase (Proof of Purchase) which corresponds
to each entry they submit in the Promotion in order to claim any prize (if won).
- If requested by the Promoter, Eligible Entrants must produce, within the time requested
by the Promoter at its absolute discretion:
(a) appropriate photo identification or other documentation, required by the Promoter
to verify their identity, age, eligibility to enter the Promotion and claim a Prize
(if drawn) and compliance with these Conditions of Entry; and
(b) their Proof of Purchase that corresponds to all entries they have submitted
in the Promotion.
If the items required by the Promoter are not received or an entrant has not been
verified to the satisfaction of the Promoter within the time period required by
the Promoter, the entry(s) submitted by the Eligible Entrant will be deemed as invalid.
Prizes will only be awarded following all validation and verification requirements
of the Promoter being met to its satisfaction. In the event that the Eligible Entrant
cannot provide suitable validation or verification, that Eligible Entrant will forfeit
their Prize and no substitute will be offered.
- All costs associated or arising in connection with the prizes, including any taxes
as set out in section 61 of these Conditions of Entry) are the responsibility of
the respective prize winner.
- Entrants can only enter the Promotion in their own name.
DRAW AND PRIZE INFORMATION
- A random electronic prize draw will be conducted at Prime Focus 403/62 Beach Street
Port Melbourne (Draw Location) by a representative of the Promoter at 12 noon on
13/09/2011 from all Eligible Entries received during the Promotion (Prize Draw).
- The first Eligible Entrant with valid Eligible Entries drawn in the Prize Draw will
win a new 2011 Glasgow Green Nissan Micra with manual transmission valued (Vehicle)
at up to AU$13,990 (including GST) (RRP) depending on the winner's State of residence
(Major Prize).
The Vehicle includes on road costs, the maximum value of which will vary depending
on the State or Territory in which the Vehicle is registered. The on road costs
are dealer delivery and statutory government charges and one year’s registration
and compulsory 3rd party personal insurance (CTP/TAC, etc) for private use.
To be eligible to claim the Vehicle, the winner must be capable of obtaining motor
vehicle registration of the Vehicle in his or her name in accordance with the applicable
legislation in the State or Territory in which the winner resides. If the winner
is, through any legal incapacity or otherwise, unable to register the Vehicle in
his or her name then he/she may, notwithstanding any other provision of these Conditions
of Entry, transfer the Vehicle to another person with legal capacity for the purpose
of registering the Vehicle in the State or Territory in which the winner resides
The winner will be responsible for completing / organizing to have completed all
necessary paperwork with regards to registration of the Major Prize.
The Vehicle will be available for collection on 11 October 2011. The winner of the
Vehicle must collect it from the dealer specified by the Promoter and it must be
registered prior to collection. The winner of the Vehicle must also bear any travel
or transport costs associated with collecting the Vehicle from the dealer specified
by the Promoter. Any number plate details used in the promotion material for this
Promotion are representational only.
Vehicle is Glasgow Green in colour. No colour choice of the Vehicle is available.
The Vehicle excludes any optional extras. The supplying dealer will not provide
a substitute model. The supplying dealer will not exchange the Vehicle for cash.
Unless expressly stated within these Conditions of Entry, all expenses incurred
in relation to the Vehicle (including additional insurance) are the responsibility
of the winner.
The Vehicle must be redeemed in full by 30/01/2012.
- An Entrant and / or Prize Winner must, if requested by the Promoter, agree to and
sign:
i. an eligibility form confirming their compliance with the Conditions of Entry
and eligibility to accept the prize; and/or
ii. a liability release in a form to be determined by the Promoter at their discretion.
In the case of the Major Prize winner’s failure to return the signed eligibility
form, releases and indemnities will result in the disqualification of that entrant
from the Promotion. A reply paid address will be provided.
- Following the drawing of the Major Prize, the next 50 Eligible Entrants with valid
Eligible Entries drawn in the Prize Draw will win a Bioré® skincare pack valued
at $36.66 (including GST) (RRP) (Minor Prize). Each Minor Prize comprises of:
- one (1) pack of six (6) Original Bioré® Pore Strips;
- one (1) pack of 25 Bioré® Gentle Makeup Removing Wipes;
- one (1) 147ml bottle of Bioré® Release Steam Activated Cleanser; and
- one (1) 100ml bottle of Bioré® Nourish Moisture Lotion SPF 15.
- The total value of the prize pool available to be won in the Promotion is up to
AU$15,823 (including GST).
NOTIFICATION OF WINNERS
- The Major Prize winner will be:
(a) notified by Phone and Mail within two (2) days of the Prize Draw; and (b) published
in The Australian on 11/10/2011.
- The Minor Prize winners will be notified by phone and mail within 2 days of the
Prize Draw.
UNCLAIMED PRIZE DRAW
- If a Major Prize or Minor Prize (together, Prizes) is won by:
(a) an Eligible Entrant who is not a resident of Western Australia and they do not
claim their Prize by 27/12/2011, a random electronic re-draw will be conducted on
that date at 12 noon at the Draw Location by a representative of the Promoter from
all remaining Eligible Entries (i.e. all those Eligible Entries that did not win
a Prize in the Prize Draw) received in the Promotion, subject to any directions
from State and Territory Gaming Departments; or
(b) an Eligible Entrant who is a resident of Western Australia and their Prize remains
unclaimed, the Promoter will retain their prize until 13/09/2012, before seeking
directions from the Department of Gaming, Racing and Liquor, Western Australia (Re-Draw).
NOTIFICATIONS OF RE-DRAW WINNER
- The Major Prize Re-Draw winner, if any, will be:
(a) notified by Phone and Mai within 2 days of the Re-Draw; and
(b) published in The Australian on 24/01/2012.
- The Minor Prize Re-Draw winners, if any, will be notified by phone and mail within
2 days of the Re-Draw.
- Minor Prizes and the associated paperwork for the Major Prize will be delivered
to the residential address as advised by the respective winner on or before 11 October
2011.
- If subject to the Re-Draw, any Minor Prizes and the associated paperwork for the
Major Prize will be delivered to the residential address as advised by the respective
winner on or before 24/01/2012.
- Acceptance and use of the prizes is subject to terms and conditions imposed by those
involved in providing goods and / or services as part of or in connection with the
Prizes.
- If more than one person attempts to claim a Prize, the Promoter has sole and absolute
discretion to determine which of those persons is the winning entrant(s).
GENERAL
- Each Qualifying Purchase counts towards one (1) entry only.
- Eligible Entrants may enter the Promotion multiple times, up to a maximum of 20
times each, by submitting a new entry for each Qualifying Purchase. This is subject
to a maximum of one (1) Eligible Entry on any given day throughout the Promotion
Period :
(a) per mobile phone number in the case of SMS Entries ; or
(b) per household in the case of Web Entries.
- Eligible Entrants who are not residents of South Australia may win a maximum of
1 Minor Prize in the Promotion only.
- Prizes are not transferable, exchangeable or redeemable for cash. Prizes must be
taken as offered and may not be varied.
- The Promoter shall not be liable for the prizes being lost, stolen, damaged or tampered
with in any way before they reach the winners or after they have been released to
the winners.
- The Promoter accepts no responsibility for any variation in the value of the prizes
from the time of printing Promotion materials.
- If the Promoter is unable to provide a winner(s) with a nominated prize, the Promoter
reserves the right to supply an alternative prize of similar monetary value to the
nominated prize, subject to any directions given by State and / or Territory Gaming
Departments.
- 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. The Promoter does not warrant that the entry mechanism will be available,
or the Participating Outlets will be open, at all times during the Promotion Period.
- If, for any reason, the Promotion is not capable of being run as planned, including
due to infection by computer virus, bugs, network failure, 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 States and Territories regulations,
including cancelling, terminating, modifying or suspending the Promotion.
- Any entrant who, in the opinion of the Promoter, tampers or interferes with the
entry or draw mechanism in any way, engages in any unlawful or improper conduct
which jeopardises or is likely to jeopardise the fair or proper conduct of the Promotion,
or who does not properly comply with the entry process, will be ineligible to win.
- Incomplete, illegible, indecipherable or incorrect entries are not eligible to win.
- The:
(a) Promoter, the Promoter's related entities, the Participating Outlets and all
agencies associated with the Promotion; and
(b) the employees, agents, directors and contractors, of all entities referred to
in paragraph (a),
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,
indirect or consequential loss), incurred, suffered or sustained by any person or
entity (without limitation) in connection with, or arising from, the Promotion or
the acceptance or use of the Prizes, except that which cannot be excluded by law
(in which case that liability is limited to the maximum extent allowable by law).
- The Promoter accepts no responsibility for any tax liabilities that may arise from
winning or receiving the benefit of a prize.
- Prize winners must, at the Promoter's request, participate in any Promotion activity
(such as publicity and photography) relating to the winning of a prize, free of
charge, and they consent to the Promoter using their name and image in any future
promotional material.
- CAUTION: Any attempt to deliberately undermine the legitimate operation of this
Promotion 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.
PERSONAL INFORMATION
- All entries become the sole property of the Promoter.
- All information Entrants provide (Personal Information) will be used by the Promoter
for the purpose of conducting this Promotion and may be entered into a database
and the Promoter, the Promoter's related entities, agencies engaged by the Promoter,
or any other third party nominated by the Promoter, for the Promoter's current and
future promotional and marketing purposes without further reference or compensation
to them.
- The Promoter may disclose Entrants' Personal Information to its contractors and
agents to assist in conducting this Promotion and as required, to Australian regulatory
authorities.
- Entrants can request access to update or correct their Personal Information held
by the Promoter and may request that they not receive further Promotional or marketing
communications from the Promoter by contacting the Promoter at the address above.
Should an Entrant's contact details change during the Promotion Period, it is the
Entrant's responsibility to notify the Promoter. All Personal Information will be
securely stored by the Promoter.
- The Promoter is bound by the National Privacy Principles in the Privacy Act 1988.
Authorised under Permit Numbers – NSW LTPS/11/05292, VIC 11/1279, SA T11/1179 &
ACT TP 11/02340.1
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