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Terms & Conditions

Win a Wellbeing Consultation Promotion

TERMS AND CONDITIONS

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. 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 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.

3. Promotion commences on 20/09/2018 and ends at 12noon AEST on 28/09/2018 (“Promotional Period”).

4. To be eligible to enter, individuals must spend $100 (including GST) or more on any products at the Promoter’s online store www.inessence.com.au during the Promotional Period (“Qualifying Transaction”). A receipt for the Qualifying Transaction will be sent to individuals via email (“Email”).

5. To enter, individuals must then reply to the Email and include their full name, postcode and an answer to the question “Why would you love a wellbeing consult with Pat Princi-Jones” (“Promotional Question”) and send the email so that it is received during the Promotional Period. For the removal of doubt, there is no word limit on the answer to the Promotional Question.

6. 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.

7. Incomplete or indecipherable entries will be deemed invalid.

8. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per Qualifying Transaction (regardless of the amount spent in excess of $100 in that transaction); (b) each entry must be substantially unique; and (c) each entry must be submitted separately and in accordance with entry requirements.

9. Entrants must retain 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 that the purchase was made during the Promotional Period but prior to entry.

10. The judging will take place at the Promoter’s office, 30 Bando Road, Springvale VIC 3171 on 15/10/2018. The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant. The winners will be notified by email.

11. This is a game of skill and chance plays no part in determining the winners. Each entry will be individually judged based on literary and creative merit of the answer provided to the Promotional Question.

12. The Promoter’s decision is final and no correspondence will be entered into.

13. The best three (3) valid entries as determined by the judges, will each win a one (1) hour wellbeing consultation with aromatherapy expert Pat Princi-Jones valued at $80 and a personalised essential oil blend valued at $20.

14. Each winner has the choice of redeeming their consultation at an ‘In Essence David Jones Pop Up Store’ (located at David Jones Doncaster, David Jones Bourke Street and David Jones Eastland) OR in the event the winner is unable to attend any of the three (3) David Jones locations, they can choose to have their one (1) hour consultation over the telephone and the personalised essential oil blend will be sent via post.

15. The prize must be redeemed by 12/11/2018.

16. If for any reason a winner does not take / redeem a prize (or an element of the prize) BY the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.

17. If any prize (or part of any 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.

18. Total prize pool value is $300. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.

19. As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.

20. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are 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.

21. 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) to modify, suspend, terminate or cancel the promotion, as appropriate.

22. 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 (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.

23. 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) if a consultation is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) use of a prize/attendance at a prize.

24. 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 and prize suppliers. 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 www.inessence.com.au/privacy-policy 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. The Promoter will not disclose entrant’s personal information to any entity outside of Australia.

25. The Promoter is Heritage Brands (ABN 91 081 149 635) of 30 Bando Road, Springvale VIC 3171.

 Our Site

The Heritage Brands website, www.inessence.com.au, (the Site) is owned and operated by Heritage Brands (Australia) Pty Ltd (ACN 111 665 439) of 30 Bando Road, Springvale, Victoria, 3171, Australia ('Heritage Brands'). In this document 'you' refers to a user of the Site.

Your use of the Site is conditional on your acceptance of these terms and conditions. Please carefully read these terms and conditions, including the Privacy Policy which is discussed further below, before using the Site.

Heritage Brands' Privacy Policy forms part of this document. The Privacy Policy sets out the information which Heritage Brands will gather about you through your use of the Site and the way in which Heritage Brands will use it. You must read the terms of our Privacy Policy before using the Site.

By accessing, browsing or using the Site, you agree to these terms and conditions as amended from time to time and acknowledge and agree that you have read and understood this document. By downloading any material on the Site you expressly agree to be bound by this document.

If you do not accept the terms and conditions contained in this document and the Privacy Policy, then you must not use the Site.

Amendments

Heritage Brands may amend this document, including the Privacy Policy, at any time. If Heritage Brands amends this document, including the Privacy Policy, Heritage Brands will inform you of the amendments by posting the amendments on the Site and/or by sending you an e-mail message. Your continued use of the Site after this time constitutes an agreement by you to abide by and be bound by this document, including the Privacy Policy, as so amended. This document may not be otherwise amended.

Disclaimer

The content of the Site is provided for information purposes only. Heritage Brands has made all reasonable efforts to ensure that the information contained on the Site is accurate.

  1. However, you acknowledge that all information and material is provided to you on the basis that:
  2. All information provided by Heritage Brands is general information and is not advice.
  3. Heritage Brands makes no representation or warranty in relation to the reliability, content or accuracy of the information or material on the Site.
  4. Heritage Brands makes no commitment to update any information or material on the Site
  5. Heritage Brands may change information or material on the Site at any time, without notice.
  6. Heritage Brands makes no representation or warranty in relation to the content or accuracy of the information and material available on any linked web sites. Specifically, Heritage Brands makes no endorsement, approval or recommendation of the owners or operators of any linked web sites, or of any information or material referred to or contained on any linked web sites, unless and to the extent stated to the contrary.
  7. Heritage Brands is not responsible in any way for any linked web sites and for their content or any of their privacy practices.
  8. Any linked web sites are provided for convenience only and may not be accessible, current or maintained.
  9. Heritage Brands makes no representation or warranty that access to or use of the Site will be uninterrupted, secure or error free, or that the Site or any material on or accessible through the Site is free from errors or viruses.
  10. Heritage Brands is not liable for any loss or damage, howsoever caused, resulting from accessing the Site or any use of the information or material on or accessible through the Site (including any linked web sites), any action taken in reliance on such information or material or any inability to use such information or material or the omission of any information or material from the Site or any inaccuracy in any information or material.

You are responsible for assessing the accuracy, reliability and suitability of the information on or accessible through the Site (including any linked web sites) and accept all risks of loss, damage, costs and other expenses resulting from using the Site or any information or material on or accessible through the Site (including any linked web sites).

This document is not intended to limit or exclude any liability on Heritage Brands' part, where and to the extent that applicable law prohibits the exclusion or limitation.

General Compliance with Laws

You agree that you will only use the Site for lawful purposes.

You must comply with all laws, statutes, ordinances and regulations which apply to you in relation to your use of the Site.

Restrictions on Use

When accessing or using the Site you must not:

  1. use any device, software or routine to interfere or attempt to interfere with or disrupt the proper working of the Site, servers or networks connected to the Site, any information or material on the Site or any activity conducted via the Site;
  2. take any action which imposes an unreasonable or disproportionately large load on the Site's infrastructure; attempt to gain unauthorised access to the Site or computer systems or networks connected to the Site through any means; or
  3. access or attempt to access personal data about other users, including e-mail addresses.

Your Personal Information

While using the Site you may be given the opportunity to send e-mails to Heritage Brands or enter or provide information or material ('Content'). Any and all Content provided by you in connection with your use of the Site must be true and accurate. You must not misrepresent your identity or affiliation with any person or entity. You acknowledge that Heritage Brands may monitor the Site and take any action with respect to your Content as deemed reasonably necessary by Heritage Brands.

You agree that you will not provide personal information about another person to Heritage Brands unless:

  1. that other person is made aware of your provision of their personal information to Heritage Brands; and
  2. that other person authorises you to provide their personal information to Heritage Brands.

Acknowledgment of Risk

The world wide web exists across open public networks that may not be secure or private. You acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties.

Links

You must not establish links on any other site to the creativebrands.com.au URL or any other part or parts of the Site without Heritage Brands' prior written consent. Heritage Brands may withhold its written consent at its discretion.

If you would like to link to the Site, or be linked from the Site, please contact the Marketing Manager, Heritage Brands, 30 Bando Road, Springvale, VIC, 3171 and request to be signed up to our standard Linking Agreement.

Intellectual Property

All intellectual property in the Site, including its text, images, graphics, trade marks (whether registered or not), advertisements, arrangement and software on the Site (including where included in advertisements) is owned by Heritage Brands unless indicated otherwise.

The content of the Site may be viewed online by you and may be reproduced in hard copy only for your own personal, non-commercial and non-public use. You must not modify, copy, reproduce, republish, frame, distribute or otherwise communicate any text, images or software other than as expressly provided in these terms and conditions or by the Copyright Act 1968 (Commonwealth).

Limitation of Liability

You use any information provided on the Site, and any other linked to it, at your own risk. All information is provided 'as is' without any express warranties of any kind. Except for liability under the Trade Practices Act 1974 (Commonwealth) and any other legislation dealing with similar issues, Heritage Brands expressly disclaims any warranties or representations as to the accuracy or completeness of the contents of the Site, and expressly disclaims any implied warranties of merchantability or fitness for a particular purpose; and Heritage Brands will not be liable for loss or damages of any kind, including direct, indirect, consequential or special damages, lost profits, lost data, or loss of management time which may arise out of, or result from, reliance on or use of this information, whether or not caused by any negligent act or omission.

To the extent that Heritage Brands is able to limit the remedies available, this document expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (at Heritage Brands' option):

  1. in the case of goods: the replacement or repair of the goods, the supply of equivalent goods; the payment of the costs of replacing or repairing the goods or acquiring equivalent goods; and
  2. in the case of services: resupply of the services; or the payment of the cost of having the services resupplied.

Indemnity

You must continually indemnify Heritage Brands against any action, liability, claim, loss, damage, proceeding, expense and cost (including legal costs) ('Claim') suffered or incurred by Heritage Brands arising from, or which is directly or indirectly, related to your:

  1. breach or non-observance of any term or condition in this document; or
  2. violation of any applicable law.

This includes all Claims arising from any information which you provide to Heritage Brands in connection with your use of the Site. In relation to a Claim, Heritage Brands may require you to conduct the defence, at your cost, including negotiations for settlement or compromise prior to the institution of legal proceedings. You must comply with any requirement notified to you in accordance with this clause.

General

These terms and conditions are to be governed by and construed in accordance with the laws of the State of Victoria, Australia. All users of the Site irrevocably submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia.

The provisions of this document are severable and if any provision of this document is held to be illegal, invalid or unenforceable, that provision or part is to be treated as removed from this document, but the rest of this document is not affected.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Heritage Brands' failure to act with respect to a breach of this document by you or by others does not waive its right to act with respect to subsequent or similar breaches.

This document may not be construed adversely to Heritage Brands solely because Heritage Brands prepared it.

This document, including the Privacy Policy, comprises the entire agreement between Heritage Brands and you (unless agreed to otherwise). To the extent of any inconsistency between this document and the Privacy Policy, this document takes precedence, unless otherwise agreed.

If you do not accept these terms and conditions then you must not use the Site.

Discount Codes

Discount Codes are not valid for already discounted items or in conjunction with any other offer. 

Terms & Conditions for Mamamia Promotional Code:

* Offer available at www.inessence.com.au only. Use code MAMAMIA at checkout to apply 20% off discount. Not available with any other offer. We reserve the right to cancel any order due to unauthorised, altered or ineligible use of offer and to modify or cancel any promotion due to system error or unforeseen problems. Discounts not applicable on sale items. Other restrictions may apply. While stocks last. Offer ends 11:59pm 30/06/2018 AEST.

WIN A WELLBEING CONSULT PROMOTION

 

TERMS AND CONDITIONS

 

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. 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 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.

 

3.             Promotion commences on 19/09/2018 and ends at 12noon AEST on 28/09/2018 (“Promotional Period”).

 

4.             To be eligible to enter, individuals must spend $100 (including GST) or more on any products at the Promoter’s online store www.inessence.com.au during the Promotional Period (“Qualifying Transaction”). A receipt for the Qualifying Transaction will be sent to individuals via email (“Email”).

 

5.             To enter, individuals must then reply to the Email and include their full name, postcode and an answer to the question “Why would you love a wellbeing consult with Pat Princi-Jones” (“Promotional Question”) and send the email so that it is received during the Promotional Period. For the removal of doubt, there is no word limit on the answer to the Promotional Question.

 

6.             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.

 

7.             Incomplete or indecipherable entries will be deemed invalid.

 

8.             Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per Qualifying Transaction (regardless of the amount spent in excess of $100 in that transaction); (b) each entry must be substantially unique; and (c) each entry must be submitted separately and in accordance with entry requirements.

 

9.             Entrants must retain 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 that the purchase was made during the Promotional Period but prior to entry.

 

10.          The judging will take place at the Promoter’s office, 30 Bando Road, Springvale VIC 3171 on 15/10/2018. The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant. The winners will be notified by email.

 

11.          This is a game of skill and chance plays no part in determining the winners.  Each entry will be individually judged based on literary and creative merit of the answer provided to the Promotional Question.

 

12.          The Promoter’s decision is final and no correspondence will be entered into.

 

13.          The best three (3) valid entries as determined by the judges, will each win a one (1) hour wellbeing consultation with aromatherapy expert Pat Princi-Jones valued at $80 and a personalised essential oil blend valued at $20.

 

14.          Each winner has the choice of redeeming their consultation at an ‘In Essence David Jones Pop Up Store’ (located at David Jones Doncaster, David Jones Bourke Street and David Jones Eastland) OR in the event the winner is unable to attend any of the three (3) David Jones locations, they can choose to have their one (1) hour consultation over the telephone and the personalised essential oil blend will be sent via post. 

 

15.          The prize must be redeemed by 12/11/2018.  

 

16.          If for any reason a winner does not take / redeem a prize (or an element of the prize) BY the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.

 

17.          If any prize (or part of any 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.

 

18.          Total prize pool value is $300.  Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.

 

19.          As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.

 

20.          Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are 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.

 

21.          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) to modify, suspend, terminate or cancel the promotion, as appropriate.

 

22.          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 (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.

 

23.          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) if a consultation is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) use of a prize/attendance at a prize.

 

24.          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 and prize suppliers. 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 www.inessence.com.au/privacy-policy 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. The Promoter will not disclose entrant’s personal information to any entity outside of Australia.

 

25.          The Promoter is Heritage Brands (ABN 91 081 149 635) of 30 Bando Road, Springvale VIC 3171.