NAKED FOODS $50,000 Eco-Egg Promotion Full Terms & Conditions
“NAKED FOODS ORGANIC & HEALTH FOODS CHANCE TO WIN “THE ECO EGG” WORTH $50,000 PROMOTION”
TERMS AND CONDITIONS
1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. The promoter is Naked Foods Management Pty Ltd ABN 71621558450 of Level 302, 27 Mars Road, Lane Coast West NSW 2066 (“Promoter”).
3. Entry is only open to Australian residents of NSW, QLD, ACT & Vic aged 18 years or over.
4. Employees (and their immediate families) of the Promoter, Participating Stores 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.
5. Entries into the promotion open on 11:59pm AEDT, Friday 6 March 2020, and close at 11:59pm AEST on Saturday 11 April, 2020 (“Promotional Period”).
6. To be eligible to enter, individuals must purchase $20 or more on any specially marked Chocolate products from a Participating Store, during the Promotional Period (“Qualifying Transaction”) in one (1) transaction. To enter, individuals must then visit: https://nakedfoods.com.au/pages/50-000-eco-egg-enter-here and follow the prompts to the promotion entry page, input the requested details (including but not limited to their full name, email address, telephone number and address) and upload a valid proof of purchase (your till receipt).
7. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per Qualifying Transaction (regardless of the number of Participating Products purchased in that transaction); (b) each entry must be submitted separately and in accordance with entry requirements; (c) only one (1) till receipt; (d) the same till receipt cannot be used more than once; and (e) unrecognised till receipts will be deemed invalid.
8. 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 ALL 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.
9. 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.
10. Incomplete, indecipherable entries will be deemed invalid. The draw will take place at Level 17, 40 Mount Street, North Sydney NSW 2060, on Friday 17 April, 2020 at 11am AEST to select one (1) Finalist, who will be notified in writing within two (2) business days of the draw and their name will be published online at www.nakedfoods.com.au/pages/promotions from 21 April, 2020 for a minimum of 28 days,
11. The Promoter’s decision is final and no correspondence will be entered into.
12. The first valid entry drawn will win that entrant (the “Finalist”) the opportunity to take part in an envelope selection for the chance to win $50,000 cash.
13. The envelope selection will take place at the Finalist’s nearest Naked Food Retailer at a date & time to be agreed with the Finalist between Tuesday 28 April & Tuesday 26 May 2020.
14. In order to participate in the envelope selection, the Finalist is required to make their own travel arrangements to their chosen Naked Store. Any costs associated will be their responsibility.
15. The Finalist must respond to the winner notification (and validate their entry) by no later than 24 April 2020 in order to attend the Envelope Selection. If the Finalist cannot attend, they may appoint a proxy (over 18 years of age) to attend the Envelope Selection on their behalf, provided the Promoter is provided written, notice to that effect. If the Promoter has not heard from the Finalist before the start of the Envelope Selection, a representative of the Promoter may attend the Envelope Selection on the Finalist’s behalf.
16. There will be one hundred (100) envelopes on display at the start of the envelope selection. One (1) envelope will contain the message “$50,000 Eco-Egg Winner”. The other ninety-nine (99) envelopes will each contain the message “You have won a year’s supply of Naked Chocolate, to the value of $1,000”. The Finalist, or their representative (“Attendee”) must choose only one (1) envelope without touching, handling or interfering in any way with any of the other envelopes on display. If the Attendee is found to have breached this condition, they will be disqualified.
17. If the Finalist selects the envelope containing the promotional message “Eco- Egg Winner”, representing the major prize then, subject to verification by the Promoter, they will win $50,000 which will be transferred to their nominated Bank account.
18. If the Finalist selects an envelope containing the second message “You have won a year’s supply of Naked Chocolate, to the value of $1,000”, subject to verification by the Promoter, the Winner will win a year’s worth of Naked Foods Chocolate. Total maximum prize pool value is $50,000.
19. The Finalist’s odds of winning the $50,000 cash are 1 in 100. The odds of being drawn as a Finalist may be significantly higher than the odds of the drawn Finalist winning the major prize and will depend upon the number of entries received.
20. The Promoter reserves the right to redraw in the event of an entrant being unable to satisfy the competition conditions, forfeiting, or not claiming the prize (‘Finalist’). If the prize remains unclaimed or forfeited through ineligibility or otherwise, the Promoter will conduct a further draw at the same time and place as the original draw, on Monday 27 July 2020, subject to state regulations. The Finalist will be notified by phone and in writing (email) and their name published on www.nakedfoods.com.au/xxxx from Wednesday 29 July, 2020 for a minimum of 28 days. If an envelope Selection is required for an unclaimed prize winner the event will take place on Friday 14 August, 2020, at the same time and place outlined in condition 11 of these Terms & Conditions.
21. If the year’s supply of Naked Chocolate prize (or part of the 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. The prizes are not transferable or exchangeable. The year’s supply of Naked Chocolate prize cannot be taken as cash, unless otherwise specified.
22. 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.
23. 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.
24. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter or repeatedly is prohibited and will render all entries submitted by that entrant invalid.
25. 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.
26. 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.
27. As a condition of accepting the prize, the 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.
29. NSW Permit No. LTPS/20/42990 ACT Permit No.TP20/00445