Terms & Conditions

“WIN A LUXURY HOLIDAY WITH ELEVIT & MENEVIT” PROMOTION

1. Information on how to enter and the prize 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, Participating Stores 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 1^st cousin.
4. Entries into the promotion open at 12:00 am AEST on 13/06/2024 and close at 11:59pm AEST on 05/09/2024 (“Promotional Period”).
5. Valid and eligible entries will be accepted during the Promotional Period. Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
6. A “Participating Store” is any store nationally that advertises the promotion and stocks the Eligible Product (defined below) during the Promotional Period.
7. To enter, individuals must undertake the following steps during the Promotional Period:
   • Follow @elevitaus on Instagram at www.instagram.com/elevitaus (if they have not done so already);
   • Purchase any Elevit DHA & Choline, Elevit Breastfeeding, Elevit Probiotics or Menevit product (“Eligible Products”) from a Participating Store and obtain a purchase receipt (“Qualifying Transaction”). If a purchase receipt is not provided, it is the individual’s responsibility to request one from a member of staff;
   • Visit https://www.elevit.com.au/competitions/winaholiday2024 and follow the prompts to the promotion entry page and input the requested details including their Instagram handle used to follow @elevitaus;
   • Upload a copy of the purchase receipt when prompted; and then
   • Submit the fully completed entry form.
8. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per Qualifying Transaction regardless of the number of Eligible Products purchased in excess of one (1) in the Qualifying Transaction; and (b) each entry must be submitted separately and in accordance with entry requirements.
9. Entrants must retain a copy of their purchase receipt(s) for all entries as proof of purchase. Failure to produce the proof of purchase for all entries 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. Purchase receipt(s) must clearly specify the store of purchase and that the purchase was made during the Promotional Period but prior to entry.
10. 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.
11. Incomplete or indecipherable entries will be deemed invalid.
12. The prize will be awarded to the person named in the entry and any entry that is made on behalf of an entrant or by a third party will be invalid. 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.
13. The draw will take place at Unit 40/1-5 Thew Parade CROMER NSW 2097 on 10/09/2024 at 11:00am AEST. 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 by email and phone within two (2) business days of the draw. The winner will be published at https://www.elevit.com.au/competitions/winaholiday2024 on 12/09/2024.
14. The Promoter’s decision is final and no correspondence will be entered into.
15. The first valid entry drawn will win a Flight Centre gift card valued at $8,500.
16. Any ancillary costs associated with redeeming the gift card are not included. Any unused balance of the gift card will not be awarded as cash. Redemption of the gift card is subject to any terms and conditions of the issuer including those specified on the gift card.
17. All reasonable attempts will be made to contact the winner.
18. If the prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
19. Total prize pool value is AU$8,500.
20. Prize is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified in writing by the Promoter.
21. Prize must be claimed by 11/11/24 at 12:00 pm AEDT. A draw for the prize, if unclaimed, may take place on 12/11/2024 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner, if any, will be notified by email and phone within two (2) business days of the draw and their name will be published at https://www.elevit.com.au/competitions/winaholiday2024 on 19/11/24.
22. Subject to the unclaimed prize draw clause, if for any reason the winner does not take or redeem the prize within a reasonable time at/by the time stipulated by the Promoter, then the prize will be forfeited and the Promoter is not obliged to substitute the prize.
23. The winner consents 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 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 State or Territory regulation, to modify, suspend, terminate or cancel the promotion, as appropriate.
25. No entry fee is charged by the Promoter to enter the Promotion. Any cost associated with accessing the promotional website or social media platform is the entrant’s responsibility and is dependent on the Internet service provider used.
26. For the purposes of public statements and advertisements, the Promoter may only publish the winner's surname, initial and State/Territory or postcode of residence.
27. It is a condition of accepting the prize that a winner may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving a prize.
28. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Terms and Conditions in the event of any inconsistency. To the extent permitted by law the Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Terms and Conditions or otherwise.
29. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Terms and Conditions. In the event that there is a dispute concerning the conduct of the Promotion or claiming a prize, the Promoter will resolve the dispute in direct consultation with the entrant. If the dispute cannot be resolved the Promoter’s decision will be final.
30. 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 2010 (Cth), 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) 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.
31. 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 (g) / taking of the prize.
32. The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.bayer.com.au/en/privacy_policy_au.php. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. Unless otherwise indicated by the Promoter, the Promoter may disclose PI to entities outside of Australia (for a list of the countries, see the Promoter’s Privacy Policy), and cannot guarantee that any overseas recipient will not breach the Australian Privacy Principles. By entering the promotion entrants consent to the overseas transfer on these terms as permitted by the Australian Privacy Principles and agree that the Promoter is not liable in this regard.
33. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.
34. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.
35. The Promoter is Bayer Australia Limited (ABN 22 000 138714) of 875 Pacific Highway, Pymble, NSW 2073, Australia, telephone 1800 008 757. 
    
    ACT Permit No. TP24/ 00227. SA Permit No. T24/ 147.