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Terms And Conditions

OSTELIN TEST YOURSELF” PROMOTION

TERMS AND CONDITIONS

Promotional Period
  1. Entries open on 19/06/2016 and final entries close at 11:59pm AEST on 31/07/2016 (“Promotional Period”).
  1. There will be two (2) components to this promotion: (1) a Game of Chance Component (comprised of Weekly Draws (defined below)); and (2) a Game of Skill Component, which is optional to enter.
Eligibility Criteria
  1. Entry is only open to Australian residents aged 18 years or over. Individuals entering the Game of Skill Component of the promotion must be available to take the Trip Prize (defined below) between 01/10/2016 and 07/10/2016 if selected as a Trip Prize Winner. Individuals must also be a competent hiker and in a fit and healthy condition, suitable to participating in the types of activities provided as part of the Trip Prize.
  1. 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
How to Enter
  1. To enter, eligible individuals must complete the following steps during the Promotional Period:
    1. visit http://ostelin.com.au/vitamin-d-test/;
    2. follow the prompts to complete the ‘Ostelin Vitamin D Test’;
    3. input the requested details (including their full name, telephone number and a valid email address);
    4. if they would like to enter the Game of Skill Component of the promotion (which is optional), provide an original and creative answer to the promotional question “How do you want to test yourself?” in 25 words or less (”Promotional Question”);
    5. agree to the Terms and Conditions and the Promoter’s Privacy Policy by ticking the relevant tick box; and
    6. submit the fully completed entry form.
Upon completion of the above steps, individuals will receive one (1) entry into the Weekly Draw corresponding to the date their entry is received. In addition, if the entrant provided an answer to the Promotional Question, they will also be entered into the Game of Skill Component of the promotion.
  1. Incomplete or indecipherable entries will be deemed invalid.
  1. Only one (1) entry is permitted per person.
Game of Chance Component
  1. There will be one (1) draw conducted for each weekday (i.e. Monday to Friday) of the Promotional Period (each a “Weekday Draw”), for a total of thirty-one (31) Weekday Draws. Entries into each Weekday Draw will open and close each weekday based on VIC local time. This excludes Weekday Draws conducted on a Monday, where entries will open on Friday and close on Sunday, based on VIC time. The Weekday Draws will take place at 12:00pm AEST (i.e. noon) at Anisimoff Legal, Level 5, 492 St Kilda Road, Melbourne, VIC 3004 the next business day after entries close for that Weekday Draw, with the first Weekday Draw taking place on 20/06/2016 (which will include all entries received on 19/06/2016) and the last Weekday Draw taking place on 01/08/2016 (which will include all entries received on 29/07/2016 – 31/07/2016). The Promoter may draw additional reserve entries in each Weekday Draw and record them in order in case an invalid entry or ineligible entrant is drawn. Entries in each Weekday Draw will NOT be entered into any subsequent Weekday Draw(s).
  1. The first valid entry drawn in each Weekday Draw (“Draw Prize Winner”) will each win a $1,000 Visa Gift Card (“Draw Prize”).
  1. Draw Prize Winners will be notified by email within two (2) business days of the relevant Weekday Draw, and their names will be published online at http://ostelin.com.au/vitamin-d-test/ from 08/08/2016.
  1. The following conditions apply to the Draw Prize: Visa Gift Cards must be activated within 3 months of the date of issue, and are valid for 12 months from the date of issue. Any ancillary costs associated with redeeming the Visa Gift Card are not included. Any unused balance of the Visa Gift Card will not be awarded as cash. Redemption of the Visa Gift Card is subject to any terms and conditions of the issuer including those specified on the Visa Gift Card.
  1. If any Draw Prize(s) remain unclaimed by 11:00am AEDST on 02/11/2016, a re-draw for such prizes will take place at 12:00pm AEDST on 02/11/2016 at the same place as the original Weekly Draws, subject to any directions from a regulatory authority. Winners, if any, will be notified by email within two (2) business days of the re-draw and their names will be published online at http://ostelin.com.au/vitamin-d-test/ from 09/11/2016.
Game of Skill Component
  1. All entrants that provided an answer to the Promotional Question at the time of entry will be entered into the Game of Skill Component of the promotion. This component of the promotion is a game of skill and chance plays no part in determining the Trip Prize Finalists or Trip Prize Winners (each defined below). Each entrant’s answer to the Promotional Question will be individually judged based on its originality, literary merit and creative merit, as well as how inspirational and motivational was their answer. The judges may select additional reserve entries which they determine to be the next best, and record them in order of merit, in case of an invalid entry or ineligible entrant.
  1. The ten (10) best entries, as determined by the judges, will each be shortlisted for the chance to win the Trip Prize (“Trip Prize Finalists”).
  1. Each Trip Prize Finalist will be contacted by the Promoter (by telephone and/or email), and will be required to provide photographs, videos, and/or any other additional information that will demonstrate/support the Finalists physical ability to participate in the prize and why they deserve to win (“Supplementary Information”). For example, Trip Prize Finalists may submit photographs/videos of themselves participating in similar activities or demonstrating how they like to ‘test themselves’ by pushing their limits. The Promoter may also contact the Trip Prize Finalists to discuss the physical and mental demands of participating in the prize and gauge the Finalist’s ability to do so, were they to be selected as a Trip Prize Winner (defined below). All Trip Prize Finalists must also provide the Promoter with a letter from their doctor confirming they are safely, from a health perspective, able to participate in the Trip Prize.
  1. The best five (5) Trip Prize Finalists (“Trip Prize Winners”), as determined by the judges based on their answer to the promotional question, the Supplementary Information provided, and further discussions with the Trip Prize Finalist, will each win a 4-day trek on the Tasmanian Overland Trail in Tasmania for one (1) person, valued at up to $6,160 depending on point of departure (“Trip Prize”). Trip Prize includes:
  • return economy airfares from the Trip Prize Winner’s nearest Australian capital city to Launceston, TAS (only provided if Winner resides outside of TAS), with flights departing on 01/10/2016 and returning on 07/10/2016. If a Trip Prize Winner is from TAS, then the prize does not include airfares and the airfare component of the prize is not redeemable for cash;
  • two (2) nights single-room accommodation in a minimum 4-star hotel in Launceston on 01/10/2016 and on 06/10/2016 (exact hotel/s determined by the Promoter in its absolute discretion); and
  • a 4-day trek on the Tasmanian Overland Trail with the four (4) other Trip Prize Winners and Jane Flemming, commencing on 02/10/2016 (“Trek”). The Trek will include an experienced guide, four (4) nights accommodation in cabins, and meals (exact menu determined by the Promoter in its absolute discretion).
  1. The following conditions apply to the Trip Prize: Spending money, additional meals, insurance, transport to and from departure point, transfers, items of a personal nature, additional accommodation, in-room charges and all other ancillary costs are not included. Tip Prize must be taken from 01/10/2016 to 07/10/2016, and is subject to booking and flight availability. Trip Prize Winners acknowledge and agree that the accommodation element of the Trek is twin-share and each Trip Prize Winner will be required to share a room with another winner, as determined by the Promoter in its absolute discretion. Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the prize. Tip Prize is subject to the standard terms and conditions of individual prize and service providers. The Trip Prize Winners may be required to present their credit card at time of accommodation check in.
  1. The Trip Prize Winners will be notified by email and telephone on 12/08/2016, and their names will be published online at http://ostelin.com.au/vitamin-d-test/ on 12/08/2016. Remaining Trip Prize Finalists will not receive any prize.
  1. As a condition of accepting the Trip Prize, Trip Prize Winners will be required to participate in and complete a six (6) week training program prior to taking the Trip Prize (“Training Program”). The Training Program will be comprised of various physical activities designed to prepare the individual for the Trek. The exact activities, intensity and time commitment involved in the Training Program will be determined by the Promoter in its absolute discretion. In the event a Trip Prize Winner is unable to participate in or fails to complete the Training Program prior to the Trip Prize departure date, they will forfeit their right to participating in the Trip Prize and no cash will be awarded in lieu. In this instance, that Trip Prize will be awarded to the Trip Prize Finalist to have submitted the next best entry, as determined by the Promoter (i.e. based on their answer to the promotional question, the Supplementary Information provided, and further discussions with the Trip Prize Finalist).
  1. A film crew will also be present on the Trek so the Promoter can film the Trip Prize Winners and Jane Flemming participating in the Trek. All footage from the Trek may then be edited by the Promoter and may feature in various media (at the Promoter’s discretion). By entering the Game of Skill Component of this promotion, entrants agree (in the event they are a Trip Prize Winner) to the Promoter filming them and using any footage taken while participating in the Trek in any media worldwide for an indefinite period, without any remuneration. The Promoter will have full control of the editing process.
  1. The Trip Prize Winners acknowledge that the Trek component of the prize is a dangerous activity that may result in injury or death, and participate at their own risk. The Winners must: (a) attend, undergo and pass any appropriate training, briefings, required medical tests and other requirements of the Promoter and Trek organisers as determined by them in their absolute discretion (including but not limited to the Training Program); (b) not have any heart condition or history thereof, or other medical conditions that would make it dangerous to participate in the Trek; (c) not be under the influence of drugs or alcohol; (d) comply with all directions of the Promoter and Trek organisers at all times; and (e) wear all safety and other equipment required. The Promoter and Trek organisers, in their absolute discretion, at all times reserve the right to: (a) prevent any Trip Prize Winner from participating in the Trek if, at any time, they reasonably believe that the Winner s poses a safety risk or for any other reason; and/or (b) cancel the Trek if the conditions are deemed dangerous If the Trek is varied for any reason beyond the control of the Promoter it may not be rescheduled and no compensation will be offered.
General
  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.
  1. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age, fitness level, health condition 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.
  1. 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.
  1. The Promoter’s decision is final and no correspondence will be entered into.
  1. If for any reason a winner does not take a prize (or an element of a prize) at/by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
  1. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any directions from a regulatory authority.
  1. Total prize pool value for the Game of Skill Component is up to $24,640. Total prize pool value for the Game of Chance Component is $31,000. Total combined prize pool value is up to $55,640.
  1. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
  1. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to answers to the Promotional Question, photographs, videos, 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:
  • 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;
  • their Content shall not contain viruses or cause injury or harm to any person or entity;
  • they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
  • the Content is the original work of the entrant that does not infringe the rights of any third party;
  • 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
  • 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.
Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
  1. As a condition of entering the Game of Skill Component of this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
  1. Entrants consent to the Promoter using their name, likeness, image and/or voice 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.
  1. 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 directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
  1. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
  1. 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.
  1. 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) if the Trek event is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a Trip Prize Finalist, Trip Prize Winner, Draw Prize Winner or entrant; or (g) taking/use of and/or participation in a prize.
  1. As a condition of accepting a Trip Prize, each Trip Prize Winner must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
  1. The Promoter collects personal information (“PI“) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at www.ostelin.com.au/privacy-policy/. 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 PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter will not disclose entrant’s personal information to any entity outside of Australia.
  1. The promoter is Sanofi-Aventis Healthcare Pty Ltd (ABN 43 076 651 959) of 87 Yarraman Place, Virginia, QLD 4014 (“Promoter”).
  NSW Permit No. LTPS/16/03352, ACT Permit No. TP16/00835, SA Permit No. T16/734