Terms / Policy.

Terms & 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. However, you acknowledge that all information and material is provided to you on the basis that:

1. All information provided by Heritage Brands is general information and is not advice.

2. Heritage Brands makes no representation or warranty in relation to the reliability, content or accuracy of the information or material on the Site.

3. Heritage Brands makes no commitment to update any information or material on the Site

4. Heritage Brands may change information or material on the Site at any time, without notice.

5. 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.

6. Heritage Brands is not responsible in any way for any linked web sites and for their content or any of their privacy practices.

7. Any linked web sites are provided for convenience only and may not be accessible, current or maintained.

8. 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.

9. 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.

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