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Blackmores National “Win tickets to the Australian Open”

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NATIONAL ACCOUNTS - PROMOTION TERMS AND CONDITIONS

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.
The Promoter
The Promoter is Blackmores Limited (ABN 35 009 713 437) of 20 Jubilee Avenue, Warriewood NSW 2102, telephone 02 9910 5000 (“Blackmores”).
Eligibility criteria
1. Entry is only open to Australian and New Zealand residents aged 18 years or over (“Eligible Entrant”). Promotion commences at 12.00am AEDST on November 16, 2015 and ends at 11:59pm AEDST on December 20, 2015 (“Promotional Period”).

2. Employees (and their immediate families) of Blackmores 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.
How to enter
3. To enter, individuals must complete the following steps during the Promotional Period:
a) Purchase any Blackmores product from any Blackmore’s stocking retailer in Australia or New Zealand;
b) Visit the www.blackmores.com/ausopen2016 website; and
c) Follow the prompts to the promotion entry form, input the requested details, including the product barcode from the Blackmores product purchased, complete the following question: “What does ‘well being’ mean to you in 2016?” in 25 words or less and submit the fully completed form.

4. Eligible Entrant must retain a copy of their 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 Blackmore’s, result in invalidation of ALL of an Eligible 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.
Winner determination and prizes
5. The competition is a game of skill. Chance plays no part in determining the winners. All entries will be judged individually by representatives of Blackmores based on creative and literary merit from December 21, 2015.

6. Entries will be divided into the following State/Territory groups: NSW/ACT, VIC, TAS, SA, NT, QLD and WA. The best two (2) valid entries in each of the NSW/ACT and VIC groups and the best entry in each of the TAS, SA, NT, QLD, WA and NZ groups, s as determined by Blackmore’s, will each win a prize. Each prize includes two (2) Category 2 tickets valued at $160 each to the 2016 Australian Open in Melbourne, VIC on Saturday 23 January 2016.

7. In addition to the two (2) Category 2 tickets to the 2016 Australian Open, winners from NSW/ACT, QLD, SA and TAS will each receive:
  • Two (2) x return economy airfares from the winner's nearest capital city to Melbourne, VIC;
  • one (1) night Luxe Twin share accommodation in Melbourne at the Crown Metropol Hotel in Melbourne, VIC;
  • Return airport to hotel transfers
8. In addition to the two (2) Category 2 tickets to the 2016 Australian Open, winners from WA, NT and NZ will each receive:
  • Two (2) x return economy airfares from the winner's nearest Australian capital city (for WA and NT) or from the winner’s nearest New Zealand airport of either Auckland or Christchurch (for NZ) to Melbourne, VIC;
  • Two (2) nights Luxe Twin share accommodation in Melbourne at the Crown Metropol Hotel in Melbourne, VIC; and
  • Return airport to hotel transfers
9. Winners from the VIC group will not receive flights, accommodation and/or transfers. Winners and their companion from the VIC group will be responsible for all travel costs associated with getting to and from the 2016 Australian Open event on Saturday 23 January 2016.

10. Each prize is subject to the following conditions:
a) The prize must be taken to coincide with the 2016 Australian Open event and on the dates designated dates as determined by Blackmore’s in its absolute discretion, and is subject to booking and flight availability. If a winner is from Victoria then the prize does not include airfares or transfers and the airfare and transfer components of the prize are not redeemable for cash.
b) Entry to the 2016 Australian Tennis Open is subject to the event venue and applicable registration/entry conditions, including any applicable age restriction. Blackmore’s and event organisers hereby expressly reserve the right to eject any winner (and/or his/her travel companion) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.
c) Itinerary to be determined by Blackmore’s in its absolute discretion.
d) Frequent flyer points will not form part of the prize.
e) Each winner and his/her travel companion must depart from and return to the same departure point and travel together.
f) Prize is subject to the standard terms and conditions of individual prize and service providers.
g) Each winner may be required to present their credit card at time of accommodation check in.
h) Subject to the terms and conditions of the participating prize provider(s), if for any reason a winner does not, once the prize has been booked, take the prize (or an element of the prize) at the time stipulated, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash.
i) Additional spending money, taxes (excluding airline and airport taxes), meals, insurance, transport to and from departure point, transfers (where not specified), items of a personal nature, in-room charges and all other ancillary costs are not included.
j) If any of the winner’s selected travel companions are under 18 years of age (“Minor”) and the winner is not the parent or legal guardian of the Minor, the winner must have written permission from at least one parent (or legal guardian) of the Minor for the Minor to travel with the winner under their care, supervision and responsibility. This permission must be obtained by the winner prior to Blackmore’s booking travel arrangements, and must be provided to Blackmore’s upon request. Further, during the entire duration of the prize, the winner must accompany any person under 18 years of age.

11. Blackmores’ decision is final and binding and no correspondence will be entered into.

12. The winners will be published on the Blackmore’s website http://www.blackmores.com.au from December 23, 2015, and will be notified by phone and/or email within 2 days of judging. The phone number and the email address provided by the winner as provided on the entry into the promotion will be used to contact the winner.

13. Blackmore’s may select additional reserve entries that they determine to be the next best in the event of an unclaimed prize, or the winner not being contactable, or an invalid entry or ineligible entrant being selected as a winner.
General
14. Incomplete, indecipherable or illegible entries will be deemed invalid. No responsibility is accepted for late, lost, incomplete, incorrectly submitted, delayed or misdirected entries.

15. Multiple entries permitted, subject to the following: (a) only one entry permitted per qualifying purchase transaction (irrespective of the number of Blackmore’s products in excess of two (2) purchased within the transaction); and (b) each entry must be submitted separately and in accordance with entry requirements.

16. The winning entries will be selected at Blackmore’s, 20 Jubilee Road, Warriewood commencing on December 21, 2015 at 11.30am AEDST.

17. Blackmore’s reserves the right, at any time, to verify the validity of Entries and Eligible Entrants (including an Eligible Entrant’s identity, age and place of residence and status of employment) and to disqualify any Eligible Entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at Blackmore’s discretion. Failure by Blackmore’s to enforce any of its rights at any stage does not constitute a waiver of those rights. If there is a dispute as to the identity of an Eligible Entrant, Blackmores reserves the right, in its sole discretion, to determine the identity of the Eligible Entrant.

18. As a condition of entering this promotion, each Eligible Entrant licenses and grants Blackmore’s, 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 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.

19. [AD1]Where a prize (or part of a prize) is unavailable for any reason, Blackmore’s may substitute the prize (or that part of the prize) for a prize of equal or higher value and/or specifications, as determined by Blackmore’s. Prizes (or any unused portion of a prize) are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.

20. Blackmore’s will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of or in connection with this promotion if the deficiency is occasioned by any cause outside the reasonable control of Blackmore’s, including without limitation technical malfunctions or failures.

21. Eligible Entrants consent to Blackmore’s 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 reasonable period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Blackmore’s.

22. 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 Blackmore’s, including but not limited to technical difficulties, unauthorised intervention or fraud, Blackmore’s reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any Eligible Entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.

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

24. The use of any automated entry software or any other mechanical or electronic means that allows an Eligible Entrant to automatically enter repeatedly is prohibited and will render all Entries submitted by that Eligible Entrant invalid.

25. [AD2]Blackmore’s reserves the right in its sole discretion, to the fullest extent permitted by law, to disqualify any individual who Blackmore’s has reason to believe, acting reasonably, has breached any of these Terms and Conditions or any instructions or directions on the promotional website, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the competition. Blackmore’s legal rights to recover damages or other compensation from such an offender are reserved.

26. 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, Blackmore’s (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.

27. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Blackmore’s (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 Blackmores’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 Blackmore’s) due to any reason beyond the reasonable control of Blackmore’s; (d) any variation in prize value to that stated in these Terms and Conditions; (e) if the 2016 Australian Open event is delayed, postponed or cancelled for any reason beyond the reasonable control of Blackmore’s; (f) any tax liability incurred by a winner or Eligible Entrant; or (g) taking and/or use of a prize or attendance at the prize event.

28. As a condition of accepting a prize, each winner may be required to sign any legal documentation as and in the form required by Blackmore’s and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.

29. Each Eligible Entrant agrees to participate and co-operate in any reasonable publicity activities connected with the promotion should he/she be a winner of a prize. This may include having photographs taken of him/her (and his/her prize) and having his/her name and picture appears in advertising, marketing and publicity material within Australia at Blackmores’s sole discretion. Each Eligible Entrant acknowledges that he/she will not receive any compensation in this regard, and Blackmore’s will determine, in its absolute discretion, the content, format and style of any material to appear in such publications.

30. Blackmore’s may require the winners to provide proof of identity, proof of age and proof of residency at the nominated prize delivery address. Identification considered suitable for verification is at Blackmores’s absolute discretion.

31. Blackmore’s 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 and prize suppliers. Entry is conditional on providing this PI. Blackmore’s will also use and handle PI as set out in its Privacy Policy, which can be viewed at http://www.blackmores.com.au/privacy-policy. In addition to any use that may be outlined in Blackmore’s Privacy Policy, Blackmore’s 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 Eligible Entrant. The Privacy Policy also contains information about how Eligible Entrants may opt out, access, update or correct their PI, how Eligible 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 Blackmore’s. Blackmore’s will not disclose Eligible Entrant’s personal information to any entity outside of Australia.

The winners are:

V Fielding, TAS
J Barnett, VIC
N Nor, SA
J Bourke, QLD
M Legiman, NSW
J Sellers, NSW
T Nguyen, VIC
E Kouneiher, WA
M Chrisanthou, VIC
C Mavotas, NT

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