HEALTHISH X SNAPWIRELESS GIVEAWAY TERMS & CONDITIONS
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW
1. Promotion Period.Healthish x SnapWireless Giveaway (the “Promotion”) will begin at 09:00:00 a.m. Australian Eastern Standard Time (“AEST”) on October 29, 2021 and will end at 11:59:59 a.m. AEST on November 5, 2021 (the “Promotion Period”). SnapWireless Pty Ltd’s (the “Sponsor”) computer is the official timekeeping device for the Promotion.
By participating in the Promotion, entrants represents that they have reviewed, accepted and agreed to be bound by the Official Rules, and accept the decisions of the Sponsor as final and binding in all respects. Winning a prize is contingent upon entrant fulfilling all requirements set forth in these Official Rules. This Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to the Sponsor and not to Instagram.
2. Sponsor.The Promotion is sponsored by:
SnapWireless Pty Ltd
136 Days Road Ferryden Park, SA, 5010 Australia
ABN 37 620 327 086
Email Address: help@snapwireless.com.au
The Promotion is also sponsored by:
Healthish Pty Ltd
Level 22, 120 Spencer Street,
Melbourne Victoria, 3000
Australia
ABN: 19 621 457 350
Email Address: support@healthish.com.au
3. Eligibility.Open only to residents of Australia. This Promotion is subject to all applicable federal, state, territorial and local laws and regulations. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
How to Enter.To enter the Promotion, visit https://snapwireless.com.au/pages/healthish-x-snapwireless-giveaway or and follow the instructions to complete and submit an entry form (the “Entry Form”) by providing, among other things, entrant’s first name, last name, email, and mobile phone number. Upon your submission of a completed Entry Form, you will receive one (1) entry into the Promotion. LIMIT ONE (1) ENTRY PER PERSON.
Proof of submitting an entry does not constitute proof of receipt by Sponsor. By entering the Promotion and/or submitting any Submission, you hereby grant to Sponsor, successors and assigns a worldwide, non-exclusive, perpetual, irrevocable, transferable, fully paid-up, royalty free right and license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly perform, publish, create a derivative work from, and publicly display the Submission, or
any portion thereof, in any media now known or later developed and for any purpose (collectively, the “Rights”). Entrants agree that Sponsor does not have any obligation to provide any compensation or attribution to entrants for their Submission or the licenses granted herein. Entrants further certify that they have all rights and licenses necessary to grant to Sponsor the Rights granted in the Submissions. Entries will not be returned to the entrant or acknowledged.
Entries submitted by script, macro or other automated or mechanical means, entries by any means which subvert the entry process, entries mechanically reproduced, and entries made in any fashion other than as specified herein are void and will be disqualified. Entry must be made by the entrant. Any attempt by entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations, or any other methods, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will void entrant’s entries and that entrant may be disqualified. In the event of a dispute, entries will be declared made by the authorized account holder of the email address submitted at time of
entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the
domain associated with the submitted email address.
4. Submission Guidelines.Submissions must be in English, the original work of the entrant, not have been previously published, not have won previous awards, not be offensive, inappropriate, obscene, indecent, contain hate speech or anything that is illegal, as determined by Sponsor or the judges in their sole discretion, and not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. Sponsor reserves the right to disqualify any Submission by an entrant that it determines, in its sole discretion, is offensive, inappropriate, obscene, indecent, contain hate speech or anything that is illegal, not in keeping with Sponsor’s image or that is otherwise not in compliance with these Official Rules.
5. Judging and Winner Selection.All eligible Submissions will be drawn once competition has closed. Ten winners will be drawn via a random generator.
6. Prize.Ten (10) winners from among all eligible entries received will win 1 X Healthish Water Bottle (Valued between $34.99 - $70.00 AUD), 1 X SnapWireless Case (of choice) and 1 X SnapWireless PowerPack Mini (valued at 99.95).
Except where prohibited by law, winner is solely responsible for all expenses not specifically included herein and all federal, state, territorial, and/or local taxes, and fees in connection with the Prize. Prize is non-transferable, and no substitution by winner or cash equivalent is allowed. Sponsor reserves the right, at its sole discretion, to substitute a prize (or portion thereof) with one of equal or greater value. Failure to comply with the Official Rules will result in forfeiture of the Prize. Odds of winning depend on total number of eligible entries received during the Promotion Period. If for any reason the winner does not take a prize (or an element of the prize) at the time stipulated by the Sponsor, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash.
7. Winner Notification.Winner is subject to verification. The potential prize winner will be notified by phone or by email at the phone number or email address supplied on the Entry Form on or about November 5, 2021 (the “Notification Date”). Within two (2) calendar days of the Notification Date, the potential winner will be required to execute and return to Sponsor an Affidavit of Eligibility and Release (“Affidavit”) to claim the prize. If the potential prize winner cannot be contacted, fails to execute and return the Affidavit within the required time period, or the prize is returned as undeliverable, the prize will be forfeited and may be awarded to the entrant whose Submission had the next highest score. Except where prohibited by law, participation in the Promotion constitutes potential winner’s consent to Sponsor’s use of winner’s name, image, likeness, photograph, voice, and city and state of residence for promotional purposes in any media, worldwide, irrevocably and in perpetuity without further notice, payment, or consideration to the potential winner.
8. Privacy.The Sponsor 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. Entrant PI received shall be treated by Sponsor in accordance with Sponsor’s privacy policy, which is located at https://snapwireless.com.au/pages/legal-stuff and https://healthish.com/pages/privacy-policy in addition to any use that may be outlined in the Sponsor’s Privacy Policy, the Sponsor 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. All entries become the property of the Promoter.
9. General Conditions.Participation in the Promotion constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are made in the Sponsor’s sole discretion and are final and binding in all matters related to the Promotion. Sponsor reserves the right to disqualify any entrant who is responsible for, tampers with, cheats, deceives, or otherwise engages in unfair practices concerning the administration, operation or security of the Promotion or intends to annoy, abuse, threaten or harass any other entrant or Sponsor. ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. Limitation of Liability.Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Sponsor assumes no responsibility or liability for (a) any late, lost, damaged, misdirected, incorrect or incomplete entries; (b) any typographical errors in the offer or administration of the Promotion, including, but not limited to, errors in any Promotion related materials, including all advertising for the Promotion, these Official Rules and the distribution of a prize; (c) incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (d) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Promotion; (e) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers or providers utilized in any aspect of the operation of the Promotion; (f) inaccessibility or unavailability of any network or wireless service, the Internet or website or any combination thereof; (g) suspended or discontinued Internet, wireless or landline phone service; or (h) any injury or damage to entrant’s or to any other person’s computer or mobile device which may be related to or resulting from any attempt to participate in the Promotion or download of any materials in the Promotion.
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 2010 (Cth), as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”).
If the Promotion is not capable of running as planned for any reason, which may include without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, regularly scheduled maintenance, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, or any other reason, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion in whole or in part. In such event, Sponsor shall immediately suspend the drawing and prize award, and Sponsor reserves the right to award the prize using all known eligible entries received as of the date of termination in a manner deemed fair and equitable by Sponsor. Sponsor and Released Parties shall not have any further liability to any participant in connection with the Promotion. If, for any reason, there are more winners than prizes to be awarded, the Sponsor reserves the right to award any remaining prizes through a random drawing of all eligible winners. No more than the number of prizes listed herein will be awarded.
11. Release.Except where prohibited, by participating in the Promotion, entrants agree to release, indemnify, defend and hold harmless Sponsor and Instagram, Inc., their respective subsidiaries, affiliates, distributors, sales representatives, advertising and promotion agencies, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action arising out of your participation in the Promotion or from your receipt, acceptance, use or misuse of any Promotion prize, including, but not limited to: (a) unauthorized human intervention in the Promotion; (b) technical malfunctions related to computer hardware or software, servers, Internet connectivity, or telephone or network lines; (c) garbled, jumbled or faulty data transmissions; (d) typographical or printing errors in any Promotion-related materials; (e) errors in the administration of the Promotion or the processing of entries; (f) late, lost, delayed, intercepted or undeliverable mail or email; (g) unauthorized human or non-human intervention of the operation of the Promotion, including, without limitation, unauthorized tampering, hacking, theft, virus, bug, worm, or destruction of any aspect of the Promotion; or (h) injury or damage to persons or property and/or death. Each entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of participating in the Promotion, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages (other than for actual out of-pocket expenses) and any and all rights to have damages multiplied or otherwise increased. Entrants hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
12. Force Majeure.The failure of Sponsor to comply with any provision of these Official Rules due to an act of god, hurricane, epidemic, pandemic, war, terrorism, fire, riot, earthquake, actions of governmental authorities outside the control of Sponsor or other force majeure event shall not be considered a breach of these Official Rules.
13. Governing Law / Jurisdiction.The Promotion is subject to all applicable, as the case may be, national, federal, territorial, state, and local laws of Australia and the United States of America. To the extent permitted by law, entrants consent to the jurisdiction and venue of the courts located in South Australia for the resolution of any disputes, claims and causes of action arising out of or relating to this Promotion or the prize (individually, “Claim”). All Claims shall be resolved individually, without resort to any form of class action. Any claims, judgments and/or awards shall be limited to actual out-of-pocket costs incurred, including without limitation costs incurred with entering this Promotion. Entrant hereby waives any rights or claims to attorney’s fees, indirect, special, punitive, incidental or consequential damages of entrant, identifiable persons, or third party participants, whether foreseeable or not and whether based on negligence or otherwise.
14. Winner’s List.For the name of the prize winner, which will be available after winner confirmation is complete, visit Sponsor’s website. All will be entrants whether successful or unsuccessful will be notified via email.