Terms and Conditions

ALTERNATIVE DAIRY CO. TRADE INCENTIVE

TERMS AND CONDITIONS 

  1. Information on how to enter and the prizes form part of these Terms and Conditions. A person's participation in this promotion and/or claiming of a prize in this promotion is deemed acceptance of these Terms and Conditions.

Eligibility

  1. Entry is only open to:
    1. Australian residents aged 18 years or over with an ABN; and
    2. entities with an ABN,

who/that own or operate a café (each, an Entrant).

  1. Directors, officers, management and employees (and their immediate families) of the Promoter 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 stepchild (whether natural or by adoption), parent, stepparent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.

How to enter and how to claim a prize

  1. he promotion starts on, and applies to orders for Shippers made by Entrants from, 21 November 2022 and applies to orders for Shippers made by Entrants until 14 March 2023, being the closing date of the promotion (Promotional Order Period).
  2. The claim period for prizes is from 21 November 2022 to 15 June 2023 (Claim Period).
  3. To participate in this promotion, Entrants must, during the Promotional Order Period, order a shipper (each shipper containing 12 x 1L cartons) from the Alternative Dairy Co. range, being Almond, Oat and Soy products (Shipper) from any authorised distributor of the Promoter.
  4. Orders must be received during the Promotional Order Period and will be deemed to be received only when received by the Promoter from the relevant authorised distributor. If an Entrant returns product within the Shipper, their winning ticket (if any) may be deemed invalid at the Promoter's discretion (unless the product is defective).
  5. If the Entrant locates a winning ticket in a Shipper during the Claim Period, they are entitled to the prize stated on the winning ticket, provided they claim it in accordance with these Terms and Conditions, during the Claim Period.
  6. The following prizes are available to instantly win:

Number of winning tickets in this promotion

Location of winning ticket

Prize

5

Shipper containing Almond product 

A Perfect Moose Milk Steamer (model number is PMG20) valued at $10,000

100

Shipper containing any product (Almond, Soy or Oat)

A pair of Crocs Classic Clogs in the winner's preferred colour and size valued at $80, subject to availability and paragraph 12, along with customised Alternative Dairy Co. charms for the Crocs.
  1. The total prize value is $58,000. There are no bonus prizes awarded as part of this promotion.
  2. To claim their prize, the winner must, during the Claim Period:
    1. scan the QR code on the winning ticket in order to visit www.winwiththealternative.com.au (the Website);
    2. follow the prompts to fully complete and submit the displayed form (including by providing their bona fide full name, café name, café ABN number, cafe address, delivery address, contact phone number and email address); and
    3. enter the unique code printed on the ticket (Unique Code).
  3. In relation to the Crocs Classic Clogs, the winner will nominate their preferred colour and size which must not be sold out on the Crocs website (https://www.crocs.com.au) and the Promoter will use reasonable endeavours to obtain the winners' nominated colour and size. The Promoter will purchase the product online and use the shipping address notified by the winner to complete the order through the website. Crocs is not affiliated with this promotion
  4. 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.
  5. Incomplete or indecipherable entries or prize claims will be deemed invalid.
  6. An Entrant may claim a maximum of 5 prizes in this promotion. Up to this maximum limit, an Entrant is not prohibited from claiming multiple prizes, however each claim must be submitted separately.
  7. Each winner will receive confirmation in writing of the winner's successful claim within two business days of the winner claiming their prize pursuant to paragraph 11.
  8. All prizes are deemed to be claimed when the winner claims their prize pursuant to paragraph 11. All prizes must be claimed within the Claim Period.

Integrity of this promotion

  1. The Promoter reserves the right, at any time, to verify the validity of entries, prize claims and Entrants (including an Entrant’s identity, ABN registration, age and place of residence or other information supplied at the time of entry and/or claiming a prize) including by requiring the provision of certified copies of identification and/or business documents. The Promoter reserves the right to disqualify any Entrant (and all associated entries) 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.
  2. The Promoter is not liable for winning tickets, entries, prize claims or correspondence that are misplaced, misdirected, delayed, lost, incomplete, indecipherable or incorrectly submitted. 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 prize pool will be honoured. Instant win game materials including winning tickets are void if stolen, forged, mutilated or tampered with in any way.
  3. Entrants must retain the winning ticket, including the Unique Code, as proof of winning. Failure to provide proof of winning upon request may, at the discretion of the Promoter, result in an invalidation of all of an Entrant's entries and ability to win any prize. If, in the Promoter's opinion, an Entrant has shared a winning ticket with another person, all affected entries will be invalid and the Entrant will lose any right to a prize.
  4. Notwithstanding paragraphs 19 and 20, if an employee or other person claims a prize using an Entrant's winning ticket, the employee or other person is deemed to claim the prize on behalf of and with the authority of the Entrant. Sanitarium is not responsible for the actions or omissions of such employee or other person including where they have claimed and/or kept the prize without authority of the Entrant. Sanitarium is under no obligation to reissue the prize to the Entrant where another person has claimed a prize with a winning ticket of which the Entrant claims to be the rightful owner.
  5. If there is a dispute concerning the conduct of this 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.
  6. Entrants must not:
    1. tamper with the entry process;
    2. engage in any conduct that may jeopardise the fair and proper conduct of the promotion;
    3. act in a disruptive, annoying, threatening, abusive or harassing manner;
    4. do anything that may diminish the good name or reputation of the Promoter or any of its related entities or of the agencies or companies associated with this promotion;
    5. breach any law; or
    6. behave in a way that is otherwise inappropriate.
  7. 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.

Publication of winners and delivery of prizes

  1. The winners will be published online on the Website from 19 June 2023 for 28 days.
  2. By entering, Entrants request that their full address not be published.
  3. Where the winners are published on the Website, the Promoter will publish each winner's first name initial, full last name and postcode unless the winner has requested that the Promoter not do so. Where the winner wins multiple prizes, the winner's name will only be published once.
  4. Subject to a winner's compliance with, and the Promoter’s rights under, these Terms and Conditions, prizes will be posted or couriered to the address within Australia nominated by the winner when the winner claims their prize pursuant to these Terms and Conditions. Each prize will be sent by the Promoter to the winner within 28 days from the date the winner claims their prize pursuant to these Terms and Conditions.
  5. If for any reason a winner does not take or claim a prize (or an element of a prize) within the Claim Period, then the prize (or that element of the prize) will be forfeited by that winner and deemed an unclaimed prize for the purposes of the Unclaimed Prize Draw.
  6. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.

Unclaimed prizes

  1. During the Promotional Order Period, persons and entities who meet the criteria set out in these Terms and Conditions and who have purchased a Shipper in accordance with paragraphs 4 to 6 may also enter the unclaimed prize draw by visiting Winwiththealternative.com.au/secondchance and providing the details set out at paragraph 11(b) (Unclaimed Prize Draw).  A person or entity may only enter the Unclaimed Prize Draw once.
  2. If prize/s are unclaimed by the end of the Claim Period, a random draw from the pool of entrants that entered the Unclaimed Prize Draw, will take place at Pilgrim Communication, Suite 51A/23 Norton Street, Leichhardt, NSW, Australia 2040 at 12pm AEST on 19 June 2023, subject to any directions from a regulatory authority. In the case of any winner/s, they will be notified in writing within four business days of the draw and must claim their prize by 21 July 2023 (Final Claim Date). The winner/s will be published on the Website from 21 June 2023 for a period of 28 days. 
  3. Any Unclaimed Prize Draw and associated announcement will be supervised by an independent scrutineer, if required by law. 
  4. If for any reason a winner of the Unclaimed Prize Draw does not take or claim a prize (or an element of a prize) by the Final Claim Date, then the prize (or that element of the prize) will be forfeited.

General

  1. Entrants consent to the Promoter using their, and/or their employees, officers and shareholders, as applicable, name, likeness, image and/or voice in the event the Entrant is 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 this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter, and must procure such consent from their employees, officers and shareholders, as applicable, as a condition of entry in this promotion.
  2. 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 (Cth) 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 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 this promotion.
  3. The Promoter is not responsible for any tax implications arising from the winning of prizes. Winners should seek independent financial advice. If for GST purposes this promotion results in any supply being made for non-monetary consideration, Entrants must follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
  4. 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 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; (f) use of a prize; or (g) the prize being delayed, lost, damaged or misdirected in transit or upon delivery to the nominated Australian address due to any reason beyond the reasonable control of the Promoter.
  5. Any cost associated with accessing the Website, Facebook or Instagram is the Entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated software or any other mechanical or electronic means that allows an Entrant to automatically enter or claim a prize repeatedly is prohibited and will render all entries and prize claims submitted by that Entrant invalid.
  6. This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram or Facebook. Entrants understand that they are providing their information to the Promoter and not to Instagram or Facebook. The information an Entrant provides will only be used 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 Instagram or Facebook. Neither Instagram nor Facebook 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.
  7. The Promoter collects personal information in order to conduct this 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 Australian 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 by the Entrant, 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 using the details in paragraph 43 or emailing [email protected]. All entries become the property of the Promoter. Visit https://www.sanitarium.com.au/corporate/privacy for the Promoter's privacy policy, which contains information about how Entrants may seek to access or correct their personal information held by the Promoter or complain about a breach of their privacy, and how the Promoter will deal with that complaint. The Promoter may share personal information with third parties located outside of Australia, including the United States of America and New Zealand. While such third parties will often be subject to privacy and confidentiality obligations, such obligations may be less stringent than the requirements under Australian privacy laws and the Promoter cannot guarantee that the recipient will comply with Australian privacy laws, and despite this, an Entrant consents for this to occur and agrees not to hold the Promoter liable in this regard.   
  8. The Promoter will use reasonable endeavours to comply with the timeframes as set out in these Terms and Conditions subject to the Entrant’s compliance with these Terms and Conditions (including responding to requests for information from the Promoter in a timely manner) or other events beyond the reasonable control of the Promoter which may otherwise affect specified timeframes.
  9. The Promoter is Australian Health & Nutrition Association Limited trading as Sanitarium Health Food Company (ABN 63 096 452 872) of 1 Sanitarium Drive, Berkeley Vale, NSW, Australia 2261. Phone Number: 1800 673 392.

 

NSW Authority No. TP/00554

ACT Permit No. TP 22/02054

SA Permit No. T22/168