TERMS AND CONDITIONS

1. Information on how to enter and the prizes form part of these terms and conditions (Terms and Conditions). Participation in this “The Alternative Dairy Co.TM World Barista Day” (Promotion) is deemed acceptance of these Terms and Conditions.
2. Entry is only open to New Zealand residents aged 18 years or over.
3. Employees (and their immediate family) of the Promoter and agencies associated with the 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 on Tuesday 1^st March 2022 at 1:00pm and entries close at 11:59pm AEDT on 8^th March 2022 (“Promotional Period”).
5. To enter individuals must:
   1. follow and be following, The Alternative Dairy Co. on Instagram (accessible by the handle @thealternativedairyco_nz) (Instagram Page);
   2. have their Instagram profile on public display and ensure it contains adequate details to allow the Promoter to identify the entrant; and
   3. comply with the additional requirements as follows:

Promotion #

Additional requirements

Upload a photo of themselves to their Instagram Feed behind a Coffee Machine or in a café environment. Photos that include The Alternative Dairy Co. Milks will gain one (1) extra entry. Entrants will share this image to their personal Instagram Feed and do the following: Tag @thealternativedairyco_nz in the picture. Have #worldbaristaday & #askforthealternative in the caption. Tag the Café Location that the photo was taken at.

6. 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/.
7. 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. Winners (or if the winner is under 18 years of age their parent or guardian on their behalf) must upon request supply suitable identification before the Promoter delivers the prize.
8. Incomplete or indecipherable entries will be deemed invalid.
9. Multiple entries are permitted per person however each entry must be submitted in a separate comment (if applicable), be substantially unique (including that a different friend or family member’s Instagram account is tagged for each unique comment, (if applicable) and in accordance with entry requirements.
10. Entrants are prohibited from winning multiple prizes.
11. If there is a dispute concerning the conduct of the 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. Method of determination of winners:

Promotion #

Method of determination of winners

1.

The top 10 Instagram Feed Images will be determined on creative merit by a panel of judges at Sanitarium Health & Wellbeing, 1 Sanitarium Drive, Berkeley Vale NSW 2261, at 1:00pm AEST on Wednesday the 9th of March. The winners will be notified in writing through the Instagram Messenger function associated with the Instagram account they used to enter this promotion, within 2 business days of the Time of Determination. The winners will be published on the Promotional Post on the Instagram Page and on the The Alternative Dairy Co.™ website (https://altdairyco.com/) within 2 business days of the Time of Determination. The winner must respond to the notification and claim their prize within 4 weeks of the Time of Determination.

13. The prize(s) awarded to the winner(s) for each promotion is listed in the table below.

Prize	Individual Prize Value (NZD)	Number Of Winners	Total Prize Value (NZD)
The Alternative Dairy Co. Apron	$53.62	5	$4,922.45
The Alternative Dairy Co. Jug	$32.17
The Alternative Dairy Co. T-Shirt	$42.90
COMANDANTE COMANDANTE C40 HAND GRINDER	$481.52
ACAIA PEARL SCALE – MODEL S – BLACK	$374.28

14. 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 the 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.
17. The total prize pool value is $4,922.45 NZD.
18. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.

19. 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.

20. As a condition of entering the 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.
21. 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 the Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
22. If the 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.
23. 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.
24. 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.
25. 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.
26. The 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 the 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.
27. 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 New Zealand 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, 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. All entries become the property of the Promoter. Visit http://www.sanitarium.co.nz/privacyfor the Promoter’s privacy policy. All personal information will be collected and stored by the promoter, in accordance with the Privacy Act 1993. You have the right to access your personal information and request correction of any errors in it pursuant to the Privacy Act 1993.
28. The Promoter is New Zealand Health Association Limited trading as Sanitarium Health Food Company (NZBN 9429035446705) of 124 Pah Road, Royal Oak, Auckland, New Zealand, 1023 (Promoter). Phone number: 0800 100 257.
29. 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, gift card terms and conditions of use) (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 clause 28 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.
30. If the 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.