Terms and Conditions – Elevit Baby Giveaway

Eligibility

8. The Promotion is open to legal residents of Australian States and Territories aged 18 years or over at the time of entry (and who remain to be legal residents for the duration of the Promotional Period). All entries of persons aged less than 18 years old will be deemed invalid.

9. Employees (and their immediate family members) of the Participating Venues, agencies/companies directly associated with the conduct of this Promotion, the Promoter, businesses involved in determining successful entrants, businesses involved in the management of the Promotion, any organisation benefiting from the Promotion, the Promoter’s distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to claim. "Immediate family member" 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 1st cousin.

10. Each entrant is eligible to make one Qualifying Submission on the designated website per baby. There is a limit of one minor prize per person (excluding SA).

11. The eligibility of entry is solely within the discretion of the Promoter. The Promoter reserves the right, in its sole discretion, at any time:

a. to verify information relevant to participation in the Promotion of any entrants, and to disqualify any entrant who submits an entry that is not in accordance with these conditions of entry.

b. to refuse entries which are incomplete, indecipherable, offensive, do not comply with the terms and conditions, or which contravene any applicable laws or regulations.

c. To disqualify entrants who breaches the terms and conditions, who engages in any unlawful or improper misconduct, or otherwise jeopardises the fair and proper conduct of the Promotion.

Winner Determination

12. The Promotion is a game of chance. Each eligible entrant making a Qualifying Submission will be entered into a process of random selection, with one winner to be drawn from eligible entries on 21 January 2025 at 11.59pm AEDT at the Promoter’s registered address.

13. All reasonable attempts will be made to contact each winner.

14. The Promoter’s selection of the winning entries will be final and binding, no correspondence with entrants or any other person will be entered into. The Promoter may draw additional reserve entries in case an invalid entry, unclaimed reward, or ineligible entrant is drawn.

15. The winner will be notified within seven (7) days of the draw on 30 January 2025 by way of email provided upon entry, and the winner’s detail including surname, first initial and postcode will be published onwww.elevit.com.au/elevitbaby ] for 30 days (Notification).

16. The winner must within one (1) month of receiving the Notification (Claim Period), provide the Promoter with a valid Australian postal address. Upon receiving the information, the reward will be scheduled to be sent within 3-5 business days thereafter.

17. Any rejection of or failure to claim the reward within the Claim Period, will render a redraw, which is to be taken place at 2pm on 11 February 2025 AEST at the Promoter’s registered address.

18. The unclaimed winner will be notified within seven (7) days of the draw on 11 February 2025 by way of email provided upon entry, and the winner’s detail including surname, first initial and postcode will be published onwww.elevit.com.au/elevitbaby ] for 30 days (Notification).

19. The winner must within one (1) month of receiving the Notification (Claim Period), provide the Promoter with a valid Australian postal address. Upon receiving the information, the reward will be scheduled to be sent within 3-5 business days thereafter.

20. If any winner chooses not to take their reward (or is unable to), or does not take or claim a reward within a reasonable time, as specified by the Promoter, or is unavailable, they forfeit the reward and the Promoter is not obliged to substitute the reward.

21. No part of the reward is exchangeable, redeemable for any other reward or transferrable.

22. Each reward will be awarded to the person named in the claim and any claim that is made on behalf of a entrant or by a third party will be invalid. If there is a dispute as to the identity of a entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.

23. If a reward is provided to the Promoter by a third party, the reward is subject to the terms and conditions of the third party reward supplier and the provision of the reward is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the reward at the time it is issued to the entrant will prevail over these Conditions of Claim, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the reward, any delay or failure relating to the reward itself or failure by the third party to meet any of its obligations in these Conditions of Claim or otherwise.

24. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Claim restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).

25. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected claims, or suspend or modify a reward.

26. The Promoter reserves the right, at any time, to validate and check the authenticity of claims and entrant’s details (including a entrant’s identity, age and place of residence). In the event that a entrant cannot provide suitable proof as required by the Promoter to validate their claim, the entrant will forfeit the reward in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible claims, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to claim a reward. Claims containing offensive or defamatory comments, or which breach any law or infringe any third-party rights, including intellectual property rights, are not eligible to claim a reward. The use of any automated claim software or any other mechanical or electronic means that allows an individual to automatically claim repeatedly is prohibited and may render all claims submitted by that individual invalid.

27. The Promoter reserves the right to disqualify claims in the event of non-compliance with these Conditions of Claim. In the event that there is a dispute concerning the conduct of the Promotion or claiming a reward, 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.

General Conditions

28. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence or wilful misconduct) in connection with this Promotion or accepting or using any reward (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).

29. The winner(s) will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.

30. 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 reward or acceptance of the reward.

31. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.

32. The entrant agrees and acknowledges that they have read these Conditions of Claim (and Schedule) and that claiming a reward in the Promotion is deemed to be acceptance of these Conditions of Claim (and Schedule). Any capitalised terms used in these Conditions of Claim have the meaning given in the Schedule, unless stated otherwise. Offer not valid in conjunction with any other offer.

33. Entrants' personal information will be collected by the Promoter. Personal information will be stored on the Promoter's database. The Promoter may use this information for future marketing purposes regarding its products, including contacting the entrant electronically. The Promoter is bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and its privacy policy which is located at https://www.bayer.com.au/en/privacy_policy_au.php. The Promoter's privacy policy contains information about how the entrant may access, update and seek correction of the personal information the Promoter holds about them and how the entrant may complain about any potential breach by the Promoter of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with. The Promoter collects personal information about entrants to enable them to participate in this Promotion and may disclose the entrants' personal information to third parties including its contractors and agents, reward suppliers and service providers to assist in conducting this Promotion and to the State and Territory lottery departments as required under the relevant lottery legislation. Third party reward suppliers may also contact entrants for marketing purposes regarding their products. If the entrant does not provide their personal information as requested, they may be ineligible to enter or claim a reward in the Promotion.

34. It is the responsibility of each entrant to notify the Promoter of any changes in their contact details, and to provide the relevant information. If the personal information is not provided, or incorrect, misleading, or fraudulent information are being provided, entrants will be deemed ineligible to participate in the Promotion, and the Promoter shall not be held liable for the failure to receive the reward.

35. The reward will only be awarded to the person named in the entry, and any entry made on behalf of an entrant or by a third party will be invalid. The Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or winner, including name, age and address.

36. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights and the Promoter’s legal rights to recover damages or other compensation from such offenders are reserved.

37. The Promoter accepts no responsibility of late, lost, misdirected or damaged entries, notification to the winner or other communications, whether due to spam, junk-mail or other security settings. No compensation will be payable to any person if a winner is unable to claim a reward for whatever reason.

38. If a reward (or portion of a reward) is unavailable, the Promoter reserves the right to substitute the reward (or that portion of the reward) to a reward of equal or greater value and/or specification, subject to any written directions of a regulatory authority.

39. NSW Authority No.: TP/02514, SA Permit No.: T24/2123, ACT Permit No.: TP 24/02759.