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“CHEMIST WAREHOUSE - INC. & ARNOLD SPORTS FESTIVAL AUSTRALIA CONSUMER PROMOTION”

TERMS AND CONDITIONS

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.

2. Entry is only open to Australian residents aged 18 years or over who are able to travel to Melbourne, Victoria between 15/03/2019 and 17/03/2019 in the event they are drawn as a winner.

3. Employees (and their immediate families) of the Promoterand agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or stepchild (whether natural or by adoption), parent, stepparent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, stepsister or 1st cousin.

4. Promotion commences at 12.01am AEDST on 22/02/2019 and closes at 11.59PM AEDST on 10/03/2019 (“Promotional Period”).

5. To enter, individuals must complete the following steps during the Promotional Period:

· Purchase any INC Sports Nutrition product/s from Chemist Warehouse (“Qualifying Purchase”);

· Visit one (1) of the following websites:

www.chemistwarehouse.com.au/arnold; or

www.mychemist.com.au/arnold.

· Follow the prompts to the promotion entry page, fully complete the online entry form with the requested details, including the receipt number for the Qualifying Purchase, and submit the fully completed online entry form.

6. 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 thepromotion. 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.

7. Incomplete or indecipherableentries will be deemed invalid.

8. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per Qualifying Purchase (regardless of the number of INC Sports Nutrition products purchased in that transaction in excess of one (1)); and (b) each entry must be submitted separately and in accordance with entry requirements.

9. Entrants must retain their original purchase receipt as proof of purchase. Failure to produce the proof of purchase when requested may, in the absolute discretion of the Promoter, result in invalidation of an entrant’s entry and forfeiture of any right to a prize. Purchase receipt must clearly specify the store of purchase, that an eligible product was purchased and that the purchase was made during the Promotional Period but prior to entry.

10. 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.

11. The draw will take place at Loyalty.com.au, 11 Springfield Avenue, Toorak, 3142 on 11/03/2019 at 10am AEDST. The competition winners will be randomly selected using an automated competition drawing software. The Promoter may draw additional reserve entries and record them in case an invalid entry or ineligible entrant is drawn. Winners will be notified in writing and via telephone on 11/03/2019 and their names will be published onwww.mychemist.com.au/arnoldclassic and www.chemistwarehouse.com.au/arnoldclassic from 12/03/2018.

12. The Promoter’s decision is final and no correspondence will be entered into.

13. The first (1st) valid entry drawn will win a Major Prize that consists of a trip for two (2) adults to Melbourne, Victoria to meet Arnold Schwarzenegger at the Arnold Sports Festival Australia 2019 Event, valued at up to $3,000.00, depending on date and point of departure (“Major Prize”). Major Prize includes:

· Two (2) x return economy airfares from winner's nearest capital city to Melbourne (only provided if winner resides outside of Victoria). If a winner is from Victoria, then the prize does not include airfares and the airfare component of the prize is not redeemable for cash;

· Three (3) nights twin share three (3) star accommodation (only provided if winner resides outside of Victoria). If a winner is from Victoria, then the prize does not include accommodation and the accommodation component of the prize is not redeemable for cash;

· Two (2) x VIP all access pass tickets tothe Arnold Classic Australia Event on 15/03/2019 – 17/03/2019;

· Two (2) x tickets to the official after party of Arnold Classic Australia Eventon 17/03/2019; and

· A meet-and-greet with Arnold Schwarzenegger at the Arnold Classic Australia Event (exact day of meet-and-greet to be confirmed by the Promoter).

Spending money, meals, insurance, transport to and from departure point, transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. Prize must be taken to coincide with the Arnold Classic Australia Event with flights departing on 15/03/2018and is subject to booking and flight availability.

 

The Major Prize awarded by the Promoter is non-transferable and cannot be exchanged for any valuable consideration, in particular for money. Any attempt to sell the Major Prize or attempt to exchange the Major Prize for valuable consideration, will result in the cancellation of the prize. The Promoter has the sole and absolute discretion to decide such matters.

Major Prize winners and their companions must depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the Major Prize. Major Prize is subject to the standard terms and conditions of individual prize and service providers. Major Prize winners may be required to present their credit card at time of accommodation check in.

14. The next forty (40) valid entries drawn will each win two double passes to the Arnold Classic Australia Event on 16/03/2018 – 19/03/2018 valued at $50.00. This prize consists of passes only and does not include any transfer, accommodation, meals or other costs associated with redeeming the passes.

15. If for any reason a winner does not take the prize (or an element of the prize) at 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.

16. Any ancillary costs associated with redeeming the tickets/double passes are not included. Any unused element of the tickets/double passes will not be awarded as cash. Redemption of the tickets/double passes is subject to any terms and conditions of the issuer including those specified on the tickets/double passes.

17. Subject to the unclaimed prize draw clause, if for any reason a winner does not take / redeem a prize (or an element of the prize) at the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.

18. 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 written directions from a regulatory authority.

19. The Arnold Classic Australia Event ticket prizes are subject to the event venue and ticket terms and conditions, including any applicable age restriction. The Promoter and event organisers hereby expressly reserve the right to eject any winner (and/or his/her companion) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.

20. The “meet-and-greet” element awarded as part of the Major Prize provides the winners (and their companions) with an opportunity to meet Arnold Schwarzenegger. This element of the Major Prize is not guaranteed and are subject to the goodwill of Arnold Schwarzenegger on the day. The Promoter accepts no responsibility and will not offer any alternative in the event that these elements of the Major Prize cannot be offered for any reason.

21. Total prize pool value is up to $5,000.

22. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.

23. A draw for any unclaimed prizes may take place on 13/03/2018 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners, if any, will be notified in writing within one (1) business days of the draw and their names will be published on www.mychemist.com.au/arnoldclassic and www.chemistwarehouse.com.au/arnoldclassic from 13/03/2018.

24. 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.

25. 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.

26. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.

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 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.

28. 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 appearance of any Arnold Schwarzenegger or the Arnold Classic Australia Event is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) attendance at the prize event.

29. As a condition of accepting the prize, the Major Prize winners (and their companions) 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.

30. 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.chemistwarehouse.com.au/AboutUs/privacy. 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.

31. The Promoter is CW Media Pty Ltd (ABN 43 913 252 975) of 44 Raglan Street, Preston VIC 3072. Telephone 03 9462 9111.

NSW Permit No. LTPS/19/31109 ACT Permit No. TP19/00041