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 4:00pm AEDST on 15 March 2021 and closes at 12:00pm AEDST on 29 March 2021 (“Promotional Period”).
5. To enter the draw and remain eligible to claim a prize, individuals must:
   • have a publically viewable personal Instagram account (Personal Instagram Account) at the time of entry until the Draw Date, and if they are a winner, until the prize is delivered to them pursuant to clause 15;
   • follow, and be following, The Alternative Dairy Company Barista Milk on Instagram (accessible by the handle @altdcbarista) (Instagram Page) using their Personal Instagram Account during the Promotional Period until the Draw Date, and if they are a winner, until the prize is delivered to them pursuant to clause 15;
   • during the Promotional Period, like and leave a comment on the promotional Instagram post (Instagram Post) in accordance with the instructions provided on the Instagram Post, which will involve tagging one friend or family member’s Instagram account in the comment; and
   • during the Promotional Period, share the Instagram Post on their Instagram story in accordance with the instructions provided on the Instagram Post.
6. Entrants must act in accordance with Instagram’s requirements and terms of use at all times, which can be viewed at http://instagram.com/about/legal/terms/.
7. For the avoidance of doubt, it is a condition of claiming a prize that:
   • the winner’s Personal Instagram Account is on public display until the time that the prize is delivered to the winner; and
   • the winner remains following the Instagram Page until the time that the prize is delivered to the winner.
8. 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.
9. Incomplete or indecipherable entries will be deemed invalid.
10. Limit on entries: Multiple entries are permitted per person however:
    • each entry must be submitted in a separate comment, be substantially unique (including that a different friend or family member’s Instagram account is tagged for each unique comment) and in accordance with entry requirements;
    • an entrant may not win multiple prizes in this promotion. If a person’s entry is drawn for a prize in this promotion, any other entries submitted by them will be ineligible to win further prizes.
11. 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.
12. Winner determination:
    • 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 1:00pm AEDST on Tuesday 30 March 2021 (Draw Date).
    • The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
    • The winner will be notified in writing within two (2) business days of the Draw Date.
    • The winner will be published on the Promoter’s Instagram Page at https://www.instagram.com/altdcbarista/ from Thursday 1 April 2021.
13. In order to claim a prize, the winner must:
    • respond to the Promoter by no later than Tuesday 6 April 2021 and provide their email address for delivery of the prize;
    • have their Personal Instagram Account on public display until the time that the prize is delivered to them; and
    • remain following the Instagram Page until the time that the prize is delivered to them.
14. The first five valid entries randomly drawn will each win 1 Visa Gift Card to the value of $500 AUD. The next five valid entries drawn will each win an ADC Merch Pack to the value of $90 AUD containing 1 x limited Edition Shirt (RRP $40), 1 ADC Pin Set (RRP $5), 1 x ADC Branded Hat (RRP $30), 1 x ADC Oat Milk (RRP $5), 1 x ADC Soy Milk (RRP $5) and 1 x ADC Almond Milk (RRP $5). There are no bonus prizes awarded as part of this promotion.
15. Each prize will be delivered to the winner within 28 days of their response pursuant to clause 13(a).
16. Entrants acknowledge the ongoing domestic and overseas travel and other restrictions imposed by the Australian and overseas governments as a result of Covid-19. It is the responsibility of the winner(s) to use their prize in consideration of the ongoing and dynamic nature of restrictions. The Promoter excludes, and each winner releases the Promoter from, all liability for any costs, loss or damage incurred by the winners as a result of restrictions, quarantine requirements or any other similar matters in connection with use of the prize.
17. If any terms and conditions are imposed by a third party on a winner’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 must comply with those additional terms (which may include a requirement to demonstrate appropriate standards of behaviour while using the prize) or the winner will forfeit the prize (and the 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 clauses 27 and 28 apply 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.
18. 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.
19. Subject to the unclaimed prize draw clause, if for any reason a winner does not take or 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.
20. Total prize pool value is $2,950 AUD.
21. Prizes or any unused portion of a prize are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
22. A draw for the prizes if unclaimed may 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 1:00pm AEDST on Wednesday 7 April 2021, subject to any directions from a regulatory authority. In the case of any winner(s), they will be notified in writing within 2 business days of the draw. The winner(s) will be published at altdairycobarista.com.au from 3:00pm AEDST on Wednesday 7 April 2021.
23. 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.

24.  

    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.

25. 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.
26. 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.
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 (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.
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 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.
29. 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.
30. 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.
31. 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 32 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.
32. 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.