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Listerine® - Win A Trip to New York

TERMS AND CONDITIONS

  1. Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed to constitute acceptance by each participant of these Terms and Conditions. Nothing in these conditions 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).
  2. The promoter is Johnson & Johnson Pacific Pty Limited (ABN 73 001 121 446) of 45 Jones Street, Ultimo NSW 2007, telephone 1800 029 979 (“Promoter”).
  3. Entry is only open to Australian residents aged 18 years or over.
  4. To enter, you must, during the promotion period:
    1. buy any Listerine® 500ml, 1L or 1.25L product (Qualifying Purchase);
    2. fully complete the entry form found online at www.listerine.com.au/promotion (including your first name, last name, age, postcode, Australian residential address, email address and phone number);
    3. tell us in 25 words or less, when a Bright White Smile has got you noticed?;
    4. upload a copy of the receipt from your Qualifying Purchase; and
    5. submit the entry online.
  5. The promotion period starts at 12.01 AEDST 01/03/2018 and finishes at 11.59pm AEST on 08/06/2018 (Promotion Period). Only one (1) entry per household (based on residential address). The Promoter holds the right to withdraw any entries which come from the same household.
  6. Entries must be received during the promotion period (Promotion Period).
  7. Directors, 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 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.
  8. 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).  Identification considered suitable for verification is at the Promoter’s discretion. The Promoter 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 the 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 in relation to any breach of the Terms and Conditions are reserved.
  9. The Promoter has no control over mobile telephone communications, networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise.
    The Promoter accepts no responsibility for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence, whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. Incomplete or indecipherable entries will be deemed invalid.
  10. Entries that are found to have been copied from a third party or otherwise not the sole work of the entrant will be invalid and, if awarded a prize, that prize must be returned to the Promoter. Without limiting the generality of other conditions, the Promoter reserves the right to take legal action against anyone found to have breached this condition.  The Promoter reserves the right in its sole discretion to (i) not consider any entry which is not in accordance with these conditions of entry; and (ii) to disqualify any individual who the Promoter has reason to believe has breached any of these conditions of entry or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion.  The Promoter’s legal rights to recover damages and other compensation are reserved.
  11. The Promoter’s judging panel will review all valid entries received during the Promotion Period.  On 12/06/2018, the judging panel will judge all entries based on creativity and originality. This is a game of skill and chance plays no part in determining the winners.
  12. The three entries judged to be the best entries will each win a major prize. The major prize is a trip to New York for each winner and their companion, valued at approximately $18,561.24, depending on the winner’s place of departure, as set out below (Major Prize). Each Major Prize package consists of:
    1. economy class Qantas return airfares for the winner and their companion to New York, JFK Airport, United States America from the winner’s nearest capital city, from a choice of either Sydney, Melbourne, Brisbane, Perth or Adelaide. Winners will be notified of exact travel dates, but all entrants must be available to travel  between 15th August 2018 and 15th October 2018;
    2. 7 nights’ accommodation for the winner and their companion in The Dream, Downtown, New York Hotel
    3. airport transfers in New York;
    4. tickets to watch a fashion show at New York Fashion Week as determined by the promoter. Winners will be notified of the dates and the designer of the show when the 2018 Fashion Show timetable is released (anticipated to be around August2018); and
  13. Each Major Prize winner’s companion must be an Australian resident aged 18 or over.
  14. The 20 next best entries will each win a runner-up prize. The runner-up prize is a $100 voucher (redeemable online only) and is subject to the terms and conditions of the voucher supplier.
  15. Winners will be notified in writing by email and by phone within 2 business days of the draw.
  16. Any ancillary costs associated with redeeming the major prize package (such as passports, visas, taxes, travel insurance, food, spending money, travel expenses in New York (other than airport transfers) and travel expenses to and from the departure point within Australia) are the responsibility of the winner and their companion and do not form part of the prize.
  17. The winner and their travel companion are responsible for ensuring that they have all necessary documents to travel to New York (including a current passport and any visas that may be required).
  18. Flights and accommodation are subject to booking and availability. Dates of travel and accommodation will be verified when the 2018 New York Fashion Week timetable is released. Winner will be notified of exact travel dates By August 31st 2018
  19. It is a condition of accepting a Major Prize that the winner and his/ her companion must:
    1. take out their own travel insurance for the period of the trip; and
    2. sign a release and exclusion of liability form (provided by the Promoter) in favour of all parties involved in this promotion or providing any part of the Major Prize prior to undertaking the activities included in the prize. If the winner or their nominated companion does not sign the release form provided by the promoter within the time requested by the promoter, the winner’s entitlement to the prize will be deemed invalid.
  20. Frequent flyer points will not form part of the major prize. The major prize is subject to the standard terms and conditions of individual prize and service providers. Qantas terms and conditions can be found at http://www.qantas.com/travel/airlines and The Dream, Downtown New York details can be found at http://www.dreamhotels.com/downtown/default-en.html.
  21. Winners of the Major Prize may be required to present a valid credit card at time of accommodation check in (as a bond for the room).
  22. The total prize pool is valued at approximately $76,244.96 in Australian dollars depending on each Major Prize winner’s place of departure. All prize values are the recommended retail value (including GST) in Australia as provided by the suppliers and are correct at the time of printing of these Terms and Conditions.
  23. The runner-up prizes will be emailed by the Promoter directly to each of the winners who have been successfully contacted under clause 12, to the email address provided on their entry form within 14 days of the initial prize draw. For the Major Prize, airfare tickets and other prize details will be mailed by the Promoter directly to each of the winners who have been successfully contacted under clause 112, to the Australian address provided on their entry form within 14 days after winners have been notified of the dates of travel (in accordance with clause 12(d)).
  24. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified. The Promoter accepts no responsibility for any variation in prize value.
  25. In the event for any reason a winner does not take an element of the prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be supplied in lieu of that element of the prize.
  26. Each entrant warrants and agrees that:
    1. the entrant has created the entry themselves;
    2. the entrant is entitled to reproduce and exploit all of the underlying works in the entry;
    3. the entrant will not submit material in their entry that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless the entrant is the owner of such rights;
    4. the entry has not been previously submitted to or published in any other medium or forum worldwide;
    5. they will not submit material that is unlawful, obscene, defamatory, derogatory, threatening, pornographic, sexually inappropriate, violent, abusive, harassing, hateful, racially, religiously or ethnically offensive, or encourages, evidences or indicates conduct that would be considered a criminal offence, gives rise to civil liability, or violates any law;
    6. the entry will not contain viruses or cause injury or harm to any person or entity; and
    7. the entrant has not granted rights to their entry to any other person which is inconsistent with the rights granted to the Promoter.
  27. Each entrant consents to the Promoter (and each of its assignees and licensees) doing or omitting to do anything which, but for this consent, may infringe any and all moral rights of the entrant including to edit, alter and reproduce the entry, and that such consents have been obtained to the full extent permitted under the Copyright Act 1968 (Cth).
  28. As a condition of accepting the prize, each winner:
    1. agrees to if required by the Promoter, sign a statutory declaration regarding the originality of their entry; and
    2. hereby irrevocably and unconditionally assign to the Promoter all of his/her right, title and interest (including without limitation all intellectual property rights such as present and future copyright) in and to the winning entry and to sign a document (in a form to be determined by the Promoter) to acknowledge or confirm this assignment to the Promoter.
  29. Each entrant acknowledges and agrees that if their entry wins, the Promoter (and each of its assignees and licensees) have the right, in their absolute discretion, to edit, amend, copy, use, publish, broadcast and communicate to the public, the entry in any media including the internet, without any further consultation, reference, payment or any other compensation to the entrant.
  30. Each entrant must create their own entry and only submit an entry in their own name. All entries become the property of the Promoter.
  31. Each prize winner must, at the Promoter’s request, participate in all promotional activity (such as publicity and photography) surrounding the winning of the prize, free of charge, and they consent to the Promoter using their name and image in promotional material in any medium throughout the world. Winners consent 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. 
  32. If for any reason any aspect of this promotion is not capable of running as planned, including by reason of infection by computer virus, mobile network failure, bugs, tampering, manipulation, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter may in its sole discretion cancel, terminate, modify or suspend the promotion, or invalidate any affected entries.
  33. If a winning entry is deemed not to comply with these conditions of entry, the entry will be discarded. The judges’ decision is final and no correspondence will be entered into.
  34. Each entrant is responsible for paying for the costs associated with entering the promotion. Any cost associated with accessing the promotional website is solely the entrant’s responsibility and is dependent on the Internet service provider used. The promoter is not responsible for any consequences of user error, including any costs incurred. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
  35. 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) in connection with this promotion or any entrant accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
  36. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought by the entrant. Where the operation of this promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to 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.
  37. Once any prize has left the Promoter’s/supplier’s premises, the Promoter and its agencies and companies associated with the promotion will not be responsible for any delay in delivery, loss or damage to the prize.
  38. In the event of a prize not being accepted within three weeks of when we first attempted to contact the winner or the prize has not been claimed, the judges will select an alternate winner with the entry judged to be the next best entry to receive that prize.
  39. The Promoter’s decision in relation to any element of this promotion is final and no correspondence will be entered into.