MindBodySpirit Festival Giveaway Terms & Conditions

1. Information on how to enter and Prize details form part of these conditions. Entry into this Promotion is deemed acceptance of these terms and conditions of entry.

2. The Promoter is National Asthma Council Australia, Suite 104, Level 1, 153-161 Park Street, South Melbourne, Victoria 3205 (“Promoter”).

3. The Promotion will be open from 10.00am Australian Eastern Standard Time (“AEST”) on Friday, 17th November 2017 and will continue until 07.00pm AEST on Sunday, 19th November 2017 (“Promotion Period”). The winners will be announced by Wednesday 22nd November 2017.

4. Entry is open to all Mind Body Spirit Festival registered attendees, aged 18 years and over, other than management, employees or contractors of the Promoter and other agencies, firms or companies associated with the Promotion (including suppliers of prizes), and their immediate families (“Eligible Entrants”).

5. To enter and be eligible to win, Eligible Entrants must:

  1. visit the Sensitive Choice stand (B37) at the MindBodySpirit Festival Melbourne 2017
  2. Scan their contact details into the supplied scanner at the stand to become a member of the Sensitive Choice mailing list

Completion of the relevant steps described above is an “Eligible Entry”.

6. Eligible Entrants may only enter once. Any entrants who submit multiple times will be judged on their first submission only.

7. Drawing of all Eligible Entries received during the Promotion Period will take place and be announced on 28st November 2017. The draw will take place at Suite 104, Level 1, 153-161 Park Street, South Melbourne, Victoria 3205. The draw will be conducted by a representative of the Promoter.

8. The Eligible Entrants who details are drawn randomly, will receive one of eight randomly selected prizes.

9. The Prize winners will be announced on Facebook and notified via phone call and/or email.

10. In the event that any Prize is unclaimed by 12pm AEST on 8th December 2017, it will be distributed at the Promoter’s absolute discretion.

11. The Promoter’s decision (including any decisions as to prize distribution) is final and will not enter into correspondence regarding the result.


12. The total Prize pool is valued at $1,882.90 (including GST).

13. The Prize is not transferable or exchangeable and are not redeemable for cash.

14. The Prize winner may be required to sign a release and indemnity form in favour of the Promoter and return that document to the Promoter prior to receiving the Prize.

15. The Promoter shall not be liable for any Prize that may be lost, stolen, forged, damaged or tampered with in any way after it leaves the Promoter.

16. The Promoter accepts no responsibility for any variation in the value of a Prize.

17. If the Promoter is unable to provide a finalist or winner with the nominated Prize, the Promoter reserves the right to supply an alternative Prize of equal or greater monetary value, subject to written directions by the relevant State and Territory gaming departments

18. If a winner chooses not to take their Prize (or is unable to), they forfeit the Prize and the Promoter is not obliged to substitute the Prize.

19. The Promoter excludes all warranties in relation to supply of the Prize, except those that cannot be excluded by law. To the fullest extent permitted by law, any liability of the Promoter or its employees or agents for breach of any rights a consumer may have which are unable to be excluded under Australian law, is limited to the payment of the costs of having the Prize supplied again.

20. The Promoter accepts no responsibility for any entries not received for any reason during the Promotion Period. Entries will be deemed to be accepted at the time of receipt by the Promoter.

21. The judges’ decision is final and binding and no correspondence will be entered into. Incomplete, illegible and incorrect entries or entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win.

22. If, for any reason, the Promotion is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failure or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter reserves the right in its sole discretion to take any action that may be available, subject to State and Territory regulations.

23. Any Eligible Entrant who, in the opinion of the Promoter, tampers or interferes with the entry mechanism in any way, or who does not properly comply with the entry process, will be ineligible to win.

24. The Promoter reserves the right to disqualify entries in the event of non-compliance with these terms and conditions of entry. In the event there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and binding on each entrant and no correspondence will be entered into.

25. By entering the Promotion, each Eligible Entrant understands and agrees that the Promoter may use and disclose the information provided by the Eligible Entrant for the purposes of conducting this Promotion and on the terms and for the purposes (including marketing) set out in the Promoter’s Privacy Statement. Each Eligible Entrant agrees that the Promoter can continue to contact them even after this Promotion ends. If an Eligible Entrant would like to access or correct the personal information that the Promoter holds about the Eligible Entrant, or if an Eligible Entrant does not wish the information to be disclosed, they should advise the Promoter by contacting the Sensitive Choice Facebook page via private message.

26. By entering into the Promotion, the Eligible Entrant agrees and acknowledges that:

  1. they may be contacted by the Promoter to provide comments about the competition and the Promoter (or an agent of the Promoter) may take photos of them;
  2. the Promoter may use such comments or photos (the “Materials”) for the Promoter’s future promotional and marketing purposes without further reference or compensation to them;
  3. the Promoter may duplicate, alter, adapt and utilise the Materials as the Promoter wishes at anytime, anywhere, and by any means. The Promoter may license, authorise or otherwise transfer the rights in the Materials to others to do the same;
  4. they grant to the Promoter on creation of the Materials a royalty free, perpetual, exclusive and irrevocable licence to use the Materials for whatever purpose;
  5. they unconditionally and irrevocably consent to any act or omission that would otherwise infringe any of their moral rights in the Materials (as defined in Part IX of the Copyright Act 1968 (Cth)) and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given (“Moral Rights”);
  6. they waive all Moral Rights in the Materials that arise outside Australia; and
  7. they agree not to institute, maintain or support any claim or proceeding for infringement of their Moral Rights in the Materials.

27. To the extent permitted by law, the Promoter shall not be liable for any loss or damage whatsoever (including but not limited to direct or consequential loss) or personal injury suffered or sustained in connection with this Promotion.