Competition T&Cs 2021-2022

Entrants must have subscribed to receive 5th Element Wellness Online Shop‘s emails, for their entry to be valid. Existing subscribers and new subscribers’ entries will be valid. Unless stated otherwise, Promoter is 5th Element Wellness Pty Ltd.
  1. Entry into this Competition deems acceptance of these Terms and Conditions.
  2. To the extent of any inconsistency between these Terms and Conditions and any other reference to this Competition, these Terms and Conditions prevail.
  3. *This is a quarterly promotion, open during the Promotional Period specified below. This promotion will not automatically renew every month and may end after the Promotional Period specified below.

Promoter

5th Element Wellness (ABN: ) 79 Queens Parade, Fitzroy VIC 3068

Competition Period

Competition open dates and times:
August 10, 2021, 00:01am

Competition close dates and times:
November 30, 2021, 11:59pm

Competition draw dates and times
December 2, 2021, 12:00PM

Winner’s (where available) will be published online via the 5th Element Wellness Newsletter

Entries for each Promotion must be received by the Promoter prior to the Competition close date and time.

Who can enter?

Only Australian residents, who reside within the following postcodes, and are aged 18 or over.

Any entrant who is under the age of 18, as of the date of entry, must obtain the prior permission of their legal parent or guardian over the age of 18 to enter. The parent or guardian may be called to verify their consent and may be required to sign a release at the discretion of the Promoter. The release may also require the entrant’s parent or guardian to accept responsibility for the acts and forbearances of the entrant. The release must be completed with the full name, address and telephone number of the entrant’s parent or guardian. Failure to provide such proof, particulars or releases will immediately invalidate the entrant’s entitlement to any prize, subject to State and Territory legislation.

Who can’t enter?

Directors, management, employees, officers and contractors (and their immediate families) of the Promoter, of the Participating Stores or of the agencies or organisations associated with this competition are ineligible to enter. “Immediate families” means spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manager, employee, officer or contractor.

Winner Verification Requirements

The Promoter reserves the right, at any time, to verify the validity of entries and entrants 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.

Incomplete Entrants

Incomplete or indecipherable entries will be deemed invalid. 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.

Where will the competition run?

The competition will run on Facebook via an ad campaign and on page:

How to enter?

  1. Entrants must be actively subscribed on the last day of the month
  2. By submitting an entry into this competition, entrants consent to receive promotional and other marketing messages from the Promoter (including messages sent electronically for an unlimited period of time). Entrants will be able to opt-out at any time by following the instructions included in each message sent by the Promoter
  3. Entries must include all requested contact details, including a valid email or postal address (as requested), to be eligible to win. Entrants may only enter in their own name. Inaudible, incomprehensible, illegible, and incomplete entries will be deemed invalid

Number of Entries permitted

Entrants may only enter this competition once during the competition period

What can I win?

The prize winner will receive:
A $150 online gift card or code that can be used for up to 12 months.

The prize is as stated, and no cash or other alternatives will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.

How many times can I enter?

Entrants may enter once.

How and when will the winner/s be informed?

The winner will be notified by email within 28 days of the closing date. If the winner cannot be contacted or does not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.

Verification Requirements

The Promoter reserves the right to request winners to provide proof of identity; proof of residency at the nominated prize delivery address and/or proof of entry validity in order to claim a prize. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.

The Winner acknowledges and agrees:

All entries become the property of the Promoter. The Promoter collects personal information about you to enable you to participate in this promotion. Information supplied when logging your comment will be used by 5th Element Wellness to contact you in the event your comment is selected as the winning entry. No further use of this information will be made without prior consent.

Collection and use of your personal information

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

The winner must take part in all publicity, photography and other promotional activity as the Promoter requires, without any compensation. You consent to the Promoter using your name, image, progress with 5th Element Wellness in any promotional or advertising activity.

  1. These Terms and Conditions incorporate and must be read together with the details outlined in the table above. Information about prizes and how to enter forms part of these Terms and Conditions. By entering, you accept these Terms and Conditions.

Claim

  1. Your claim must be received during the Competition Period and will be deemed to be received only when received by the Promoter. If you return any component/s of a Qualifying Purchase, your claim may be deemed invalid at the Promoter’s discretion. The Promoter is not liable for any problems with communications networks. You are responsible for your own costs associated with claiming. If you claim using automatically generated claims or multiple phone numbers/email addresses/addresses/aliases, you may be disqualified.
  2. Should an entrant’s contact details change during the promotional period; it is the entrant’s responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.
  3. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements.

General

  1. If you or your claim are deemed by the Promoter to breach these Terms and Conditions, your claim (or at the Promoter’s discretion, all of your claims) may be discarded. The Promoter may, at any time, require you to produce documentation to establish to the Promoter’s satisfaction the validity of your claims (including documentation establishing your identity, age, place of residence and place of employment). Failure by the Promoter to enforce any of its rights at any stage does not waive those rights.
  2. You must not:
    1. tamper with the claim process;
    2. engage in any conduct that may jeopardise the fair and proper conduct of the competition;
    3. act in a disruptive, annoying, threatening, abusive or harassing manner;
    4. do anything that may diminish the good name or reputation of the Promoter or any of its related entities or of the agencies or companies associated with this competition;
    5. breach any law; or
    6. behave in a way that is otherwise inappropriate.
  3. The Promoter is not liable for claims or correspondence that are misplaced, misdirected, delayed, lost, incomplete, illegible or incorrectly submitted.
  4. The Promoter’s decision in connection with all aspects of this competition is final.
  5. Prizes cannot be transferred or exchanged nor redeemed for cash. Without limiting any other term of these Terms and Conditions, all prizes (and elements of prizes) must be taken as and when specified or will be forfeited with no replacement. The prize values are correct as at the date of preparing these Terms and Conditions and include any applicable GST. The Promoter is not responsible for any change in prize value. You agree that if a prize (or element of a prize) is unavailable for any reason the Promoter may provide another item of equal or higher value, subject to any necessary approval by the state/territory gaming authorities.
  6. The Promoter reserves the right to verify the validity of entries and to disqualify any entry which, in the opinion of the Promoter, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these terms and conditions of entry or who has, in the opinion of the Promoter, engaged in conduct in entering the promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the promotion and/or the Promoter. The Promoter reserves the right to disqualify a winner if the Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause.
  7. If this competition cannot run as planned for any reason beyond the Promoter’s control, for example due to software, hardware or communications issues, unauthorised intervention, tampering, fraud or technical failure, the Promoter may end, change, suspend or cancel the competition or disqualify affected claims/claimants, subject to any necessary approval by the state/territory gaming authorities.

Liability

  1. Nothing in these Terms and Conditions restricts, excludes or modifies any consumer rights under any statute including the Competition and Consumer Act 2010 (Cth).
  2. Subject to the previous paragraph, the Promoter and the agencies and companies associated with this competition are not liable (including in negligence) for any loss (including indirect, special or consequential loss or loss of profits), expense, damage, personal injury (including allergies, skin conditions or other reactions, as relevant), illness or death suffered in connection with this competition or any prize, except for any liability which under statute cannot be excluded (in which case that liability is limited to the greatest extent allowed by law).
  3. Without limiting the previous paragraph, the Promoter and the agencies and companies associated with this competition are not liable for any loss of, damage to or delay in delivery of prize/s, or for any damage that occurs to displayed prize/s (where relevant). Unless otherwise specified, prize/s will only be delivered to addresses in Australia.
  4. This competition is in no way sponsored, endorsed or administered by, or associated with any social media platform, including Facebook, Instagram and Twitter. You provide your information to the Promoter and not to any social media platform. You completely release any relevant social media platforms from any and all liability.