1. Instructions on how to enter this competition form part of the conditions of entry. By participating, entrants agree to be bound by these conditions.
2. Entry is open to residents of Australia who are aged 15 years and over and have an account on Instagram, enabling them to submit an entry in accordance with clause 5 below. Employees and their immediate families of the Promoter, its agencies and venues/outlets associated with this competition are ineligible to enter.
3. The Promoter is PharmaCare Laboratories Pty Ltd (ABN 003 468 219) of 18 Jubilee Avenue, Warriewood, NSW 2102, telephone no. (02) 9997 1466.
4. The competition commences at 9:00am AEDT on 29/04/2015 and closes at 4:00pm AEDT on 23/06/2015 (“Promotional Period”).
How to Enter
5. To enter, entrants must, during the Promotional Period: a. log into their Instagram account; b. follow @nutrir_skin; and c. in a public post, upload a photo showing how they enjoy being nourished by nature, including the hashtag #nourishedbynature and tagging @nutrir_skin.
6. By submitting an entry, entrants warrant to the Promoter that: a. their entry complies with the Submission Criteria; b. they own all of the rights to the entry; and c. their story has not been entered into previous competitions, or won awards in the past or been published previously in any medium.
7. Entrants confirm and promise that their entry, including their photo, is original and does not infringe the intellectual property rights of any third party. Further, entrants agree that ownership of any intellectual property rights in their entry is assigned to the Promoter without the payment of any further fee or compensation.
8. Entrants acknowledge that the Promoter may use their entry, during the Promotional Period and afterwards, in any manner the Promoter sees fit including to encourage others to enter the competition on Instagram.
9. Entrants acknowledge that any use of their entry by the Promoter during the Promotional Period does not constitute endorsement of their entry or guarantee that their entry will be shortlisted or will win a prize.
10. Entrants agree to sign any further documentation required by the Promoter to give effect to this arrangement as a precondition to being awarded their prize. To the extent permitted by law, entrants unconditionally and irrevocably consent to any act or omission that would otherwise infringe any moral rights in their entry. Entrants warrant that they have the full authority to grant these rights.
11. Entrants agree that they are fully responsible for the photo they submit. The Promoter shall not be liable in any way for such photo, to the full extent permitted by law. The Promoter may un-tag any photo from its Instagram channel without notice for any reason whatsoever. Without limiting any other terms and conditions contained herein, entrants agree to indemnify and hold the Promoter, its affiliates and sub-licensees, harmless from any and all claims, damages, expenses, costs (including reasonable legal fees) and liabilities (including settlements), brought or asserted by any third party against the Promoter, its affiliates or sub-licensees, due to or arising out of the story submitted by an entrant or the Promoter’s use thereof, or an entrant’s conduct in connection with this promotion.
12. The promoter reserves the right to verify the validity of entries and to disqualify any entrant whom the promoter believes either has tampered with the entry process, or has submitted an entry otherwise than in accordance with these conditions of entry.
13. #nourishedbynature photos (“Submissions”) must:
a. Be original works and not infringe the intellectual property rights of any third party; b. Be in English; c. Not contain material that is, or that is deemed by the Promoter to be: i. unlawful or fraudulent; ii. in breach of any intellectual property, privacy, publicity or other rights; iii. offensive, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, indecent, profane, abusive, harassing or threatening; iv. objectionable with respect to race, religion, origin or gender; v. not suitable for children aged under 15; or vi. otherwise unsuitable for publication or display in Australia in any media. d. Not contain or refer to any logos, names, trademarks or images of skincare products, except for PharmaCare Laboratories Pty Ltd; e. Not contain any copyrighted works except those owned by the entrant and which the entrant has the right to use and assign ownership in to the Promoter (including copyrighted video, music, artwork or text) such that any copyright or other intellectual property rights in the entry may be assigned to the Promoter in accordance with the terms and conditions. f. Not contain any elements, including without limitation, music, audio, speech/voiceovers, stills, images, video, supers, or any other material, unless it is entirely original, created by the entrant or a third party that has agreed to appear in the Submission, or have their material featured in the Submission in accordance with the terms and conditions, and to assign their ownership in their appearance or material to the Promoter without the payment of any fee or compensation; g. Not contain any viruses or cause injury or harm to any person or animal; h. Comply with: i. All relevant laws and regulations (including those relating to copyright, advertising, defamation, privacy, publicity and computer use); ii. the Australian Code of Practice Guidelines for television commercials (available at http://www.freetv.com.au/Content_Common/pg-Code-ofPractice.seo); and iii. the Australian Association of National Advertisers Code of Ethics, Australian Association of National Advertisers Food & Beverages: Advertising & Marketing Communications Code and any other relevant Australian Association of National Advertiser Codes (available at http://www.aana.com.au/codes.html).
Promotional Period and Judging
14. All valid entries received during each week of the Promotional Period will be reviewed weekly by a panel of judges from the Promoter. This is a game of skill and chance plays no part in determining the winners. Each entry will be individually judged based on originality and creativity (“Judging Criteria”).
15. The entries (24x) deemed to be the most original and creative by the judging panel will be selected as the winning entries.
16. There are three (3) prizes to be won each week for the duration of the Promotional Period of eight (8) weeks.
17. The prize is a pack consisting of 2 x nu’trir Nourishing Cleansing Oil 100ml, RRP $24.95 each and 2 x nu’trir Collagen Boosting Peptide Serum 15ml, RRP $34.95 each, valued at $119.80 (RRP, inc. GST). There are twenty-four (24) prizes to be won in total. Total prize pool valued at $2,875.20 (RRP, inc. GST). Prizes are not exchangeable, transferable or redeemable for cash.
18. The stated prize value is the recommended retail value (including GST) in Australia as provided by the supplier and is correct at the time of printing. The promoter accepts no responsibility for any variation in the value of the prize prior to acceptance by the winners. The promoter and its associated agencies and companies accept no responsibility for prizes damaged or lost in transit.
Notification of winners and verification of entrant
19. The weekly prize winners will be notified via a comment in the latest post of nu’trir, tagging the handles of the three (3) winners, every Friday starting from 08/05/15. The Promoter will request that the winners send the Promoter a direct message on Instagram with their email address and postal address for prize delivery.
20. The Promoter reserves the right to request verification of age, identity, residential address and any other information from entrants relevant to entry into or participation in this promotion. Verification is at the discretion of the Promoter, whose decision is final.
21. If any winner is under the age of 18 years, the prize will be awarded to the winner’s nominated parent or guardian on their behalf.
22. The Promoter reserves the right to disqualify any entrant who provides false information, fails to provide information, conspires with others to gain an unfair advantage or who is otherwise involved in, or benefits from in, any way in manipulating, interfering or tampering with this promotion.
23. If any winner does not claim the prize by 5pm (AEDT) seven (7) days from the date of being notified via comment, or is otherwise disqualified from the competition, the Promoter may assign the prize to the entry judged the next best entry in the competition, or withdraw the prize (subject to the direction of any relevant lottery authority), and the winner/s will forfeit any and all rights in and to the prizes.
24. Prizes are not transferable and are not redeemable for cash. The judges’ decision is final and binding – no correspondence will be entered into. The Promoter accepts no responsibility for late or misdirected entries or other communications. The Promoter assumes no responsibility for any failure to receive an entry or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches or viruses. If such problems arise, then the Promoter may (where necessary with the approval of the relevant lottery authority) modify, cancel, terminate or suspend the promotion.
25. The Promoter reserves the right to refuse to allow the winners to take part in any or all aspects of the prize, if the Promoter determines, in their sole discretion, that a winner is not in the mental or physical condition necessary to be able to safely participate in the prize. It is a condition of accepting the prize that the winners may be required to sign a legal release in a form determined by the Promoter in its absolute discretion.
26. If any prize becomes unavailable for reasons beyond the Promoter’s control, the Promoter may substitute a prize of equal or greater value.
27. Any costs associated with entering the competition and accessing the nu’trir Instagram page are the responsibility of the entrant.
28. Entrants consent to the Promoter using their name, in the event that they are a winner in any media for an unlimited period of time without remuneration for the purpose of promoting this promotion (including any outcome) and/or promoting any products manufactured, distributed and/or supplied by the Promoter.
30. The Promoter may post any entry to the nu’trir Instagram page to encourage ongoing entries. The Promoter may also use any entrant’s #nourishedbynature post as inspiration to create digital billboards. The #nourishedbynature posts and associated content may also be used by PharmaCare Laboratories in other mediums including online.
31.Each entrant acknowledges that this promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. In participating in this promotion entrants are providing information to the Promoter and not to Instagram. To the extent permitted by law, each entrant releases Instagram from any and all liability in relation to this promotion.