Naked Kitchen ‘Thailand Holiday’ Promotion Terms & Conditions
1. Information on how to enter the Naked Kitchen ‘Thailand Holiday’ Promotion (Promotion) and the prizes form part of these Terms and Conditions. By participating, Entrants (as defined below) agree to be bound by these Terms and Conditions.
2. Entry is only open to Australian residents aged 18 years or over (Entrants).
3. Employees (and the immediate families) of the Promoter, participating retailers of Naked Kitchen products and agencies associated with this Promotion are ineligible to enter. The promoter is Life Health Foods AU PTY LTD (ABN 21 160 837 963) Unit 5, 3 Corella Close, Berkeley Vale, NSW, 2261, Australia. (Promoter).
4. The Promotion commences on Wednesday, 4h April 2018 at 9am AEST and entries close at 11:59pm AEST on Tuesday, 15th May 2018 (Promotional Period).
5. To enter the Promotion, Entrants must during the Promotional Period:
a) Purchase any one (1) pack of Naked Kitchen at any participating Woolworths store in Australia that stocks Naked Kitchen products or online at https://www.woolworths.com.au/Shop/Discover/shopping-online (Participating Retailer and Qualifying Purchase); and then submit a valid entry in accordance with these Terms and Conditions.
b) To submit a valid entry form, Entrants must visit the promotional entry platform at www.nakedcuisine.com.au/ThailandHoliday (Promotional Entry Platform). Entrants must then fully complete the entry form on the Promotional Entry Platform as requested including but not limited to entering their contact details and the last four (4) digits of the eligible product barcode and follow the prompts to submit the entry form online so that it is received during the Promotional Period.
6. All entries must be received by the Promoter during the Promotional Period. Entries received before the start of the Promotional Period or after the close of the Promotional Period will not count towards the Promotion and will be regarded as invalid. Records of the Promoter are final and conclusive as to time of receipt. Incomplete, illegible or indecipherable entries will be deemed invalid.
7. Entrants can only enter in their own name. 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.
8. If there is a dispute as to the identity of an Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Entrant.
9. Multiple entries per Entrant permitted. For each entry, Entrants must retain the original purchase receipt(s) for each Naked Kitchen product used to enter the Promotion. The original purchase receipt(s) must clearly show each Naked Kitchen product was purchased during the Promotional Period but before the date of entry, and the place where each Naked Kitchen product was purchased from. Failure to produce the original purchase receipt for an entry 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.
PRIZES AND DRAWS
10. There are a total of twelve (12) prizes to be won during the Promotional Period – split into two (2) prizes per week (Weekly Prize/s). The Weekly Prizes will be drawn at Life Health Foods AU PTY LTD (ABN 21 160 837 963) Unit 5, 3 Corella Close, Berkeley Vale, NSW, 2261 each Wednesday at 11am (AEST) starting on 11th April 2018 and finishing on 16th May 2018. Entrants will be notified in writing within two (2) business days of the respective weekly draw and their names will be published at www.nakedcuisine.com.au/ThailandHoliday weekly starting from 12th April 2018.
11. Each Weekly Prize will consist of a AU$100.00 Woolworths e-Shopping Voucher which will be emailed to the respective winners’ nominated email addresses.
12. The total Weekly Prize pool value is AU$1,200.00.
13. All valid entries received will be automatically placed in the draw for the Major Prize (as defined below), irrespective of whether they are also a Weekly Prize winner.
14. The Promoter will not, to the fullest extent permitted by law, take any responsibility for any Weekly Prizes being lost and/or sent to an inaccurate/incorrectly provided email address.
15. If any Weekly Prizes are not awarded during the Promotional Period or remain unclaimed as at 11:59pm AEST on 17th August 2018 (Remaining Weekly Prizes) then a draw for those Remaining Weekly Prizes will take place at 3:00pm AEST on 20th August 2018 at Life Health Foods AU PTY LTD (ABN 21 160 837 963) Unit 5, 3 Corella Close, Berkeley Vale, NSW, 2261 subject to any directions from a regulatory authority. The winner/s, if any, will be notified in writing by email within two (2) business days of the draw and their names will be published online at www.nakedcuisine.com.au/ThailandHoliday from 21st August 2018.
16. By participating in this Promotion, Entrants consent to the Promoter emailing the Weekly Prize to their nominated email address. The Promoter, in its discretion, reserves the right to refuse the award of a Weekly Prize if a Weekly Prize winner declines to provide their email address, or any other contact details required to enable the Promoter to deliver the Weekly Prize.
17. For the avoidance of doubt, Weekly Prizes must be claimed prior to 11:59pm AEST on 17th August 2018, and Remaining Weekly Prizes must be claimed prior to 11:59pm AEDST on 17th November 2018.
18. The draw for the Major Prize (as defined below) will take place at 10:00am AEST on 17th May 2018 at Life Health Foods AU PTY LTD (ABN 21 160 837 963) Unit 5, 3 Corella Close, Berkeley Vale, NSW, 2261. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible Entrant is drawn. The winner of the Major Prize (Major Prize Winner) will be notified in writing within two (2) business days of the draw and their name will be published online at www.nakedcuisine.com.au/ThailandHoliday from 18th May 2018.
19. The Major Prize Winner must follow the instructions set out in the winner notification referred to in clause 18 and respond by 9:59am AEST on 18th August 2018 in order to claim their prize.
20. The first valid entry drawn in the draw for the Major Prize (as defined below) will win a trip to Thailand for two (2) people, valued at up to AU$6,200.00 (Major Prize) depending on the dates on which the prize is taken and the point of departure. Acceptance of the Major Prize is subject to the Major Prize Winner (and their companion), at all times, abiding by the conditions set out in these Terms and Conditions. The Major Prize consists of:
a) return economy class airfares for two (2) people from the winner’s nearest Australian capital city to Phuket (Thailand);
b) all airline and airport taxes;
c) Return private car transfers from airport to accommodation;
d) six (6) nights’ accommodation in a 4 star hotel in either a twin share or double room in Phuket (Thailand), with exact hotel to be selected and booked by the Promoter at its discretion;
e) Daily breakfast for two (2) people, exact breakfast menu to be determined by the Promoter;
f) 2 x AU$100.00 vouchers to use towards a Spa treatment of the winners’ choice at a location/venue to be determined by the Promoter; and
g) Half day cooking lesson for two (2) at a location/venue to be determined by the Promoter.
21. Each Major Prize Winner and their companion must book the Major Prize a minimum of forty-five (45) days in advance of the requested departure dates by no later than 18th November 2018. Travel is subject to booking availability and must be completed by no later than 18th May 2019. No exceptions permitted. All travel is subject to availability at all times and maybe dependent on additional conditions, including but not limited to select seat class with airlines or specific room category availability with accommodation partner. If the Major Prize Winner cannot travel in accordance with these Terms and Conditions, the Major Prize will be forfeited and cash will not be awarded in lieu of that element of the Major Prize.
22. Before taking any element of the Major Prize, the Major Prize Winner and their companion must ensure that they each have a valid passport with at least 6 months’ validity from the date of departure and if applicable a current visa which will permit them entry into Thailand for the duration of the Major Prize. It is the Major Prize Winner and their companion’s responsibility to ensure that they comply with this requirement.
23. Spending money, excess baggage costs, visa costs, custom charges, meals, taxes (excluding airport and airline taxes), travel insurance, transport to and from the airport departure point to the Major Prize Winner’s nearest capital city, any additional transfers other than those referred to in the Terms and Conditions, items of a personal nature, in-room charges or service fees, vaccinations and all other ancillary costs are not included in the Major Prize. Itinerary to be determined by the Promoter in its absolute discretion. Flight and accommodation elements of the Major Prize cannot be upgraded. Frequent flyer points will not be awarded to the Major Prize Winner as part of the Major Prize. The Major Prize is subject to the terms and conditions of individual Major Prize service providers. The Major Prize Winner may be required to present their credit card at time of accommodation check-in as a security measure for any charges incurred during the stay over and above the cost of accommodation.
24. The Major Prize Winner acknowledges, and must ensure that the companion acknowledges that elements of the Major Prize may be subject to additional terms and conditions imposed by third party prize suppliers, including booking conditions, fare rules including any amendment fees, blackout periods, baggage restrictions, conditions of carriage and codes of conduct. The Major Prize Winner and companion must become acquainted with any such additional terms and conditions before taking the Major Prize. The Promoter does not accept any responsibility, and is not liable for, any additional conditions imposed by third party service providers on the taking of the Major Prize, or for the breach of those conditions by any person and the consequences which may follow.
25. The Major Prize Winner and companion are responsible for their own travel to and from their nominated departure point in Australia, and must depart from and return to the same departure point and travel together.
26. The Promoter cannot be held liable or responsible if the Major Prize Winner or their companion are refused entry into Thailand.
27. The Major Prize Winner and companion are responsible for any amendment fees issued by airlines or suppliers once booking is confirmed and ticketed.
28. The Promoter strongly recommends that the Major Prize Winner and their companion obtain comprehensive travel insurance for the entire duration of the Major Prize. For the sake of clarity, travel insurance and the costs associated with obtaining relevant cover are not included in the Major Prize.
29. To the extent permitted by law, the Promoter is not responsible for and cannot be held liable for any element of the Major Prize which is cancelled or delayed, or where the location is changed, or any other occurrence which is out of the reasonable control of the Promoter. 30. The Major Prize Winner and their companion acknowledge that the participation in the Major Prize can be dangerous and could potentially result in injury or death, and hence both parties participate at their own risk. The Major Prize Winner and their companion must: (a) attend, undergo and pass any appropriate training, briefings, required medical tests and other requirements of the Promoter as determined by them in their absolute discretion; (b) not have any heart condition or history thereof, or other medical conditions that would make it dangerous to participate in the Major Prize; (c) not be under the influence of drugs or alcohol when they redeem the prize or participate in the Major Prize; (d) comply with all directions of the Promoter at all times; and (e) wear all safety and other equipment required. The Promoter, in their absolute discretion, at all times reserve the right to: (a) prevent any Major Prize Winner or their companions from participating in the Major Prize if, at any time, they reasonably believe that the Major Prize Winner or their companion pose a safety risk to themselves or to others or for any other reason; and/or (b) cancel the Major Prize if the conditions are deemed dangerous. If the Major Prize is varied for any reason beyond the control of the Promoter it may not be rescheduled and no compensation will be offered. During the entire duration of the Major Prize, a nominated parent/guardian must accompany, and will be responsible for, any person under 18 years of age.
31. A draw for the Major Prize, if unclaimed, may take place on 18th August 2018 at the same time and place as the original Major Prize draw, subject to any directions from a regulatory authority. Winners will be notified by email within two (2) business days of the draw and their names will be published online at www.nakedcuisine.com.au/ThailandHoliday from 20th August 2018.
32. If, for any reason, a Major Prize Winner does not take the Major Prize (or an element of the Major Prize) by the time stipulated by the Promoter, then the Major Prize (or that element of the Major Prize) will be forfeited and cash will not be awarded in lieu.33. For the avoidance of doubt there will be a total of one (1) Major Prize for up to two (2) people drawn as part of this Promotion at a total value of up to AU$6,200.00.
34. The total prize pool for this Promotion is up to AU$7,400.00.
35. The Promoter’s decision is final and no correspondence will be entered into.
36. Prizes are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
37. If a prize (or an element of the Major Prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that element of the Major Prize) with another prize of equal value and/or specification, subject to any written directions from a regulatory authority.
38. If for any reason a winner does not take a prize (or an element of the Major Prize) by the time stipulated by the Promoter, then the prize (or that element of the Major Prize) will be forfeited and will not be redeemable for cash.
39. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the Promotion or suspend or modify a prize, subject to any written directions from a relevant regulatory authority.
40. Entrants who win a prize consent to the Promoter using their name, likeness, image and/or voice (including photograph, film and/or recording of the same), in any media, for an unlimited period and without remuneration, for the purpose of promoting this Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
41. 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.
42. Any costs associated with entering the Promotion, or accessing the Promotional Entry Platform is the Entrant’s responsibility.
43. Printing and other quality control errors will not invalidate an otherwise valid prize claim. Unless otherwise due to fraud or ineligibility under these Terms and Conditions, all prize claims in excess of the advertised total prize pool will be honoured. Any unclaimed Weekly Prizes that are part of the advertised total prize pool which are not awarded as Weekly Prizes will be awarded in the unclaimed prize draw set out in clause 15.
44. Any documentation associated with a prize, including tickets and vouchers, are void if stolen, forged, mutilated or tampered with in any way.
45. 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) 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) taking of or participation in a Major Prize or taking/use of a Weekly Prize.
46. As a condition of accepting a Major Prize, the Major Prize Winner (and their companion), 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. In the event a Major Prize Winner’s companion is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf.
48. Participation in the Promotion is dependent on Entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities. These can be viewed at www.facebook.com/terms.php.
49. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. The information an Entrant provides will only be used by the Promoter 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 Facebook.
50. The laws in force in Australia apply to this Promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.
51. For any queries regarding this Promotion, please contact the Promoter (Life Health Foods) via their customer service department at infoAU@lhf.net. They’re contactable between 9am-5pm (AEST)
Permits: Permits: NSW LTPS/18/22940. ACT TP 18/00534. SA T18/477.