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.
3. 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 first cousin.
4. The promotion commences at 5.30pm AEDST on Tuesday 15 December 2020 and entries close at 09:00am AEDST on Tuesday 22 December 2020 (“Promotional Period”).
5. To enter, individuals must:
   • be following The Alternative Dairy Company Barista Milk on Instagram (accessible by the handle @altdcbarista) (“Instagram Page“) at the time of completing the steps described at clause 5(b) below and at the time that winners are drawn and announced pursuant to clause 13; and
   • during the Promotional Period, like and comment on the post on the Instagram Page which refers to this promotion (“Instagram Post“) by tagging the Instagram account of a family member or friend to whom they wish to gift the prize (“Nominated Recipient“), in accordance with the instructions provided on the Instagram Post.
6. Entrants must ensure that the Nominated Recipient reads and consents to these Terms and Conditions. Nominated Recipients may be required by the Promoter to enter into a further agreement as a condition of winners claiming any prize the subject of this promotion.
7. For the avoidance of doubt, if an entrant is a winner in this promotion, the prize won by the entrant will be delivered to the entrant, and the entrant undertakes to gift it to the Nominated Recipient, at their own cost. The Promoter is not responsible for and excludes all liability in respect of a winner gifting or failing to gift a prize to the Nominated Recipient.
8. Entrants must act in accordance with Instagram’s requirements and terms of use at all times, which can be viewed here: http://instagram.com/about/legal/terms/. For the avoidance of doubt, entrants’ profiles must be on public display and contain adequate details to allow the Promoter to identify the entrant for the entrant to be eligible for 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. 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 or indecipherable entries will be deemed invalid.
11. Limit on entries: Multiple entries are permitted per person however each entry must be substantially unique (including that a unique Nominated Recipient’s Instagram account is tagged in each separate entry), submitted separately and in accordance with entry requirements.
12. If there is a dispute concerning the conduct of this promotion (including as to the identity of an entrant) or in respect to claiming a prize, the Promoter will consider the entrant’s grievances however reserves the right to resolve the dispute in the manner it determines most appropriate, acting reasonably.
13. Determination of winners:
    • The draw will take place at Sanitarium Australian Health & Nutrition Association Limited trading as Sanitarium Health Food Company (ABN 63 096 452 872) at 1 Sanitarium Drive, Berkeley Vale NSW 2261, at 12:00pm AEDST on Tuesday 22 December 2020.
    • The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
    • The winners will be notified in writing through the Instagram Messenger function of the Instagram account they used to enter the promotion, within two (2) business days of the draw date.
    • The winners will be published on the Promoter’s Instagram Page at https://www.instagram.com/altdcbarista/ from Wednesday 23 December 2020.
    • The winners must respond to the Promoter by Monday 28 December 2020 and provide their full name and postal address to receive the prize, for the purpose of gifting it to the Nominated Recipient.
14. Draw Prize/s and how each is awarded: The first five valid entries drawn will each win an Alt Dairy Co Prize Pack for gifting to the Nominated Recipient tagged in the winning entry, comprising of 3 x Alt Dairy Co Stickers, 1 x Alt Dairy Co Reusable Cup, 1 x Alt Dairy Co Tote Bag, 1 x Alt Dairy Co Hat, 1 x Alt Dairy Co T-Shirt, 1 x 1 litre Alt Dairy Co Oat Milk, 1 x 1 litre Alt Dairy Co Almond Milk and 1 x Visa Mastercard gift card to the value of $40 AUD (Alt Dairy Co Prize Pack). Unless expressly set out in this clause, there are no bonus prizes awarded as part of this promotion.
15. If a prize (or part of a 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.
16. Subject to the unclaimed prize draw clause, if for any reason a winner does not claim a prize (or an element of a prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
17. Each Alt Dairy Co Prize Pack is valued at $152.99 AUD including GST. The total prize pool value is up to $764.95 AUD including GST.
18. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
19. A draw for an Alt Dairy Co Prize Pack if unclaimed may take place at Sanitarium Health Food Company at 1 Sanitarium Drive, Berkeley Vale NSW 2261 at 2:00pm AEDST on Tuesday, 5 January 2021, subject to any directions from a regulatory authority. Winner(s) of unclaimed prizes (if any) will be notified in writing within 2 business days of the draw and published on the Instagram Page from 7 January 2021.
20. If there are no prize winners or the prize winner(s) (including any winner(s) of the unclaimed prize draw) cannot be found, the Promoter will publish this information on the Instagram Page from 12 January 2020 for a period of 28 days.
21. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to 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 artistic or literary 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.

22. As a condition of entering 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.
23. Entrants and Nominated Recipients consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner or prize recipient (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.
24. 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.
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 (Cth), as well as any other implied warranties under the ASIC Act (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 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. Any cost associated with accessing Instagram 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 repeatedly is prohibited and will render all entries submitted by that entrant invalid.
28. This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. Entrants understand that they are providing their information to the Promoter and not to Instagram. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Instagram. Instagram will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.
29. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities, and may also use and handle personal information as set out in its privacy policy. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised by the entrant, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter using the details in clause 30 or emailing CustomerRelations@Sanitarium.com.au. All entries become the property of the Promoter. Visit https://www.sanitarium.com.au/corporate/privacy for the Promoter’s privacy policy, which contains information about how entrants may seek to access or correct their personal information held by the Promoter or complain about a breach of their privacy, and how the Promoter will deal with that complaint.
30. The Promoter is Australian Health & Nutrition Association Limited trading as Sanitarium Health Food Company (ABN 63 096 452 872) of 1 Sanitarium Drive, Berkeley Vale, NSW, 2261. Phone number: 1800 673 392.
31. If any terms and conditions are imposed by a third party on a winner’s and/or Nominated Recipient’s ability to use some or all of the prize (by way of example, ticketing terms of use, venue entry terms and standards etc) (Third Party Provider) then the winner and/or Nominated Recipient must comply with those additional terms (which may include a requirement to demonstrate appropriate standards of behavior while using the prize) or the winner will forfeit the prize (and the winner’s and/or Nominated Recipient’s ability to continue to use and enjoy the prize) immediately on notice from the relevant Third Party Provider, or the Promoter (as applicable).  Further, the entrant acknowledges and agrees that clause 26 applies equally to limit the liability of any Third Party Provider in respect of the conduct of the Promotion or the issue or use of any prize awarded in respect of the Promotion.