“DO NOTHING” PROMOTION

TERMS AND CONDITIONS


  1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  2. The promoter is Alcon Laboratories (Australia) Pty Limited (ABN 88 000 740 830) of 54 Waterloo Road, Macquarie Park, NSW 2113, telephone 1800 025 032 (“Promoter”).
  3. Entry is only open to Australian and New Zealand residents. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion. Employees (and their immediate families) of the Promoter, participating retailers 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.
  4. Promotion commences for purchases at 12:00am AEST on 01/10/2017 and ends for purchases at 11:59pm AEDST on 20/01/2018 (“Purchase Period”). Entries commence at 12:00am AEST on 01/10/2017 and final entries close at 11:59pm AEDST on 21/01/2018 (“Entry Period”).
  5. To be eligible to enter, individuals must purchase:
    1. at least two (2) Dailies Total 1 family of lenses 90-pack products; or
    2. at least six (6) Dailies Total 1 family of lenses 30-pack products;

    in a single transaction from a participating retailer during the Purchase Period (either a “Qualifying Transaction”). Upon making a Qualifying Transaction, individuals will be provided with an entry flyer containing a unique code (“Unique Code”). For the removal of doubt, Dailies Total 1 multifocal lenses are eligible for the purposes of this promotion however all other brands and frequent replacement lenses (monthly or bi-weekly lenses) will not be eligible for this promotion. A participating retailer will be any retailer in Australia and New Zealand that displays advertising material for this promotion.

  6. To enter, individuals must then send an SMS to 0448 909 767 (for Australian residents) or to 3281 (for New Zealand residents) containing their full name, date of birth, Unique Code and email address so that it is received during the Entry Period. SMS entry cost will vary for Australian residents dependent on the mobile network used and will not exceed 55c. Standard message rate will apply to New Zealand residents and will not exceed 20c. SMS entries via the Internet are ineligible. Entries are deemed to be received at the time of receipt into the promotion database and NOT at the time of transmission by the entrant.
  7. 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 including but not limited to tampering by way of use of techniques designed to avoid the payment of SMS costs 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.
  8. Incomplete or indecipherable illegible entries will be deemed invalid.
  9. Only (1) entry is permitted per person.
  10. Entrants must retain their original purchase receipt as proof of purchase. Failure to produce the proof of purchase when requested may, in the absolute discretion of the Promoter, result in invalidation of an entrant’s entry and forfeiture of any right to a prize. Purchase receipt must clearly specify the Participating Retailer of purchase and that the purchase was made during the Purchase Period but prior to entry.
  11. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
  12. There are two (2) major prize draws conducted during the course of this promotion (each a “Major Prize Draw”). Entries open and close for each Major Prize draw on the dates and times outlined in the table below. The Major Prize Draws will take place at 4:00pm at Brand Faction, Level 2, Building 61, Fox Studios Australia, 38 Driver Avenue Moore Park NSW 2021 on the dates outlined in the table below. Non-winning entries in Major Prize Draw 1 will not roll over into Major Prize Draw 2. The Promoter may draw additional reserve entries in each Major Prize Draw and record them in order in the event an invalid or ineligible entry is drawn. All times are AEST/AEDST as the case requires. The winner of each Major Prize Draw will be notified in writing within two (2) business days of the relevant Major Prize Draw. The Major Prize Draw winner’s names will be published in The Australian on the dates outlined in the table below:


    Major Prize Draw Entries Open Entries Open Draw Date Publication Date
    1 12:00am AEST on 01/10/2017 11:59pm AEDST 25/11/2017 01/12/2017 08/12/2017
    2 12:00am AEDST on 26/11/2017 11:59pm AEDST on 21/01/2018 25/01/2018 08/02/2018
  13. The first valid entry drawn in each Major Prize Draw will each win the major prize of a trip for two (2) people to Bora Bora, French Polynesia valued at up to AU$14,000 depending on date and point of departure. Prize includes:

    • Two (2) x return economy airfares from either Sydney NSW, Brisbane QLD or Melbourne VIC (if winner resides in Australia) or from Auckland (if winner resides in New Zealand) to Bora Bora. Costs associated with getting to and from the departure point are not included and will be the responsibility of the winner and his/her companion; and
    • Seven (7) nights accommodation in an Overwater Bungalow at Intercontinental Bora Bora Le Moana Resort;
    • Return airport to accommodation transfers by speedboat;
    • Daily buffet breakfast for two (2) people; and
    • A luxury spa experience for two (2) people.
  14. Spending money, additional meals, taxes (excluding airline and airport taxes), insurance, passports, visas, vaccinations, transport to and from departure point, additional transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. Prize must be taken by 20/01/2019 and is subject to booking and flight availability. Minimum of 30 days advance booking requirement applies. Prize cannot be taken between 16/12/2017 and 14/01/2018 or 15/12/2018 and 13/01/2019. Winners and his/her companion must depart from and return to the same departure point and travel together. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. Winners may be required to present their credit card at time of accommodation check in. During the entire duration of the prize, a nominated parent/guardian must accompany any person under 18 years of age.
  15. There will be one (1) draw conducted each week during the course of this promotion (each a “Weekly Draw”). There are a total of sixteen (16) Weekly Draws conducted. Entries in each Weekly Draw open at 12:00am each Sunday and close at 11:59pm the following Saturday (except in the case of the last Weekly Draw where entries will close at 11:59pm the following Sunday e.g. 8 days in total), commencing on Sunday 01/10/2017 and ending on Sunday 21/01/2018. Weekly Draws will take place at 12:00pm (noon) on the following Monday after entries close at Brand Faction, , Level 2, Building 61, Fox Studios Australia, 38 Driver Avenue Moore Park NSW 2021 with the first Weekly Draw being conducted on Monday 09/10/2017, and the last Weekly Draw being conducted on Monday, 22/01/2018. Non-winning entries in each Weekly Draw will not roll over into any subsequent Weekly Draws. Winners of each Weekly Draw will be notified in writing within two (2) business days of the relevant Weekly Draw. The Weekly Draw winner’s names will be published on a monthly basis in The Australian on 08/11/2017, 08/12/2017, 08/01/2018, and 08/02/2018.
  16. The first three (3) valid entries drawn in each Weekly Draw will each win a pair of Bose Soundlink Around-Ear Wireless headphones II (in white) valued at $253.03.
  17. The next three (3) valid entries drawn in each Weekly Draw will each win a DeLonghi Nespresso U Milk Coffee machine (in black) valued at $193.40.
  18. The next three (3) valid entries drawn in each Weekly Draw will each win a $100 Westfield Gift Card. Westfield Gift Cards are valid for one (1) year from the date of issue. Any ancillary costs associated with redeeming the Westfield Gift Card are not included. Any unused balance of the Westfield Gift Card will not be awarded as cash. Westfield Gift Cards are issued by Scentre Gift Cards Pty Ltd ACN 113 171 663. Westfield Gift Card terms and conditions apply. Westfield Gift Cards are only redeemable at accepting retailers. Details of accepting retailers can be found at https://www.westfieldgiftcards.com.au/Online
  19. The Promoter’s decision is final and no correspondence will be entered into.
  20. If a winner of any prize is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian on the winner’s behalf.
  21. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify a prize, subject to any written directions from a relevant regulatory authority.
  22. Subject to the unclaimed prize draw clause, if for any reason a winner does not take or redeem a prize (or an element of a prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
  23. 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, subject to any written directions from a regulatory authority.
  24. Total prize pool value is up to AU$54,656.60. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
  25. A draw for any unclaimed prizes may take place on 25/04/2018 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners (if any) will be notified in writing within two (2) business days of the draw and their names will be published in The Australian on 09/05/2018.
  26. 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.
  27. 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.
  28. 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 or any statutory consumer guarantees as provided under consumer protection laws in New Zealand (“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.
  29. 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) any tax liability incurred by a winner or entrant; or (f) use of or taking of a prize.
  30. As a condition of accepting the prize, the winner (and his/her companion where relevant) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
  31. 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, prize suppliers and, as required, to Australian or New Zealand regulatory authorities and where required by Law. Your information may be stored or transferred to a jurisdiction outside of Australia or New Zealand (respectively). Some of those countries may not offer the same level of privacy protection as in Australia or New Zealand (respectively). However, The Promoter will enter into agreements with its third party service providers to keep your information secure and provide adequate protection for your data. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be accessed at https://www.novartis.com.au/privacy-policyEntry is conditional on providing this PI. You are not obliged to provide your PI however, if you do not provide information you may not, for example, be able to participate fully in activities managed by us. 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 New Zealand privacy legislation, and how those complaints will be dealt with. All entries become the property of the Promoter.
  32. The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.
  33. NSW Permit No. LTPS/17/17483, ACT Permit No. TP17/01772, SA Permit No. T17/1663