28-Day Gut Challenge terms and conditions
ACTIVIA® 28-DAY GUT CHALLENGE TERMS AND CONDITIONS
1. Information on how to enter this promotion forms part of these Terms and Conditions (“T&Cs”).
2. Entry into and participation in this promotion is deemed acceptance of these T&Cs. The Promoter is Danone Murray Goulburn Pty Ltd ABN 32 143 172 258 of Level 6, 636 St Kilda Road Melbourne VIC 3004, Australia AU Toll-free: 1800 097 117
3. The promotion commences at 12:01am AEST on 19/02/2020 and concludes at 11:59pm AEST on 15/04/2020 (“Promotional Period”). Any product purchase that occurs after the Promotional Period cannot contribute to the Qualifying Purchase.
4. To be eligible to enter the promotion, individuals must be Australian residents and over 18 years of age.
5. Directors, managers and employees of the Promoter, any retail outlet participating in the promotion (“Participating Retail Outlet”) or their related corporations or agencies, or any other company associated with the Promoter, and their immediate family members, are not eligible to enter the promotion. “Immediate family” means spouse, ex-spouse, de-facto, parent, step parent, grandparent, step grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, stepsister, son, daughter, stepson, stepdaughter or first cousin.
6. To claim, claimants must:
a. consume 250g of ACTIVIA® spoonable, dairy-based yoghurt for 28 consecutive days as part of a balanced diet and healthy lifestyle, which means purchasing a minimum of 7 kilograms of ACTIVIA® spoonable, dairy-based yoghurt from a Participating Retail Outlet in Australia during any consecutive period of 28 days throughout the Promotional Period (“Qualifying Purchase”). For the avoidance of doubt, the volume of any Qualifying Purchase is equivalent to 50 x 140g pouches, 10 x 700gpacks, or 56 x 125g packs of ACTIVIA® yoghurt;
b. complete the claim form found online at www.activia.com.au by:
i. entering all required details, including full name, age, residential street address (PO Box addresses not permitted), telephone number, ad email address; and
ii. describing the reason/s you were not satisfied with the Qualifying Purchase; and
iii. attaching the original register receipts, and
iv. circling the purchase prices that equate to the Qualifying Purchase on each receipt; and
i. the completed claim form together with the original receipts from the Qualifying Purchase to Suite 3040, Level 2, 2 Capital City Boulevard, Wantirna South VIC 3152; OR
ii. a copy of the completed claim form together with photographs of the receipts from the Qualifying Purchase to firstname.lastname@example.org
d. Each entrant must only submit a claim in his/her own name. Should an individual’s contact details change during the Promotional Period, it is the individual’s responsibility to notify the Promoter. A request to access or modify any information provided in a claim should be directed to the Promoter.
7. Claims must be received between 12.01pm AEST on 19/03/2020 and 11:59pm AEST on 11/05/2020 (“Clam Period”). Only one (1) claim is permitted per household (based on residential address). Multiple claims on the same Qualifying Purchase will not be accepted. Claimants must retain their original purchase receipts to verify their claim. Failure to provide this verification to the Promoter upon request may, at the Promoter’s sole discretion, result in an invalid claim.
8. The Promoter, each Participating Retail Outlet and their associated agencies and companies assume no responsibility for any error, omission, interruption, defect, delay, theft, destruction or unauthorized access to, or alteration of, claims, and reserves the right to take any action that may be available.
9. The Promoter reserves the right, at any time, to certify the validity of claims and claimants (including a claimant’s identity, age, place of residence and proof of purchase) and to disqualify any claimant who submits a claim that is fraudulent or not otherwise in accordance with these T&Cs or any relevant law, or who tampers with the claim process. Identification considered suitable for verification is at the Promoter’s sole discretion. The Promoter’s decision is final and no correspondence will be entered into.
10. Incomplete, indecipherable or illegible claims, or claims that do not comply with these T&Cs, may be deemed invalid and will not be eligible for any refund, and the claimant will not receive a communication in this regard. No correspondence will be entered into.
11. Each claimant is responsible for paying for the costs associated with participating in the promotion.
12. Each valid claim received within the Claim Period will receive a refund into the claimant’s bank account via electronic funds transfer of the amount substantiated by the receipts, up to a maximum of the following amount(s): AU$5.00 per Activia® 700g tub, AU$4.50 per Activia® 125g 4 pack and AU$2.25 per Activia®140g pouch (being the recommended retail price of the respective Activia® products at the time of printing), regardless of the actual price paid for the Qualifying Purchase.
13. Nothing in these T&Cs limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”).
14. Except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees, the Promoter (including its officers, employees and agents) excludes all liability (including for negligence) for any:
a. personal injury or death; or
b. loss, expense or damage (including loss of opportunity) whether direct, indirect, special or consequential, arising in any way out of this promotion arising in any way out of any of the following:
c. taking and/or use of a refund; or
d. any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); or
e. any theft, unauthorised access or third- party interference; or
f. any claim that is late, lost, altered, misdirected or damaged (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; or
g. any variation in the recommended retail value of a Qualifying Purchase to that stated in these T&Cs; or
h. any tax liability incurred by a claimant.
15. Once any refund has been deposited into the bank account with the details provided by the claimant, the Promoter and its associated agencies and companies will not be responsible
for any delay in delivery or loss of the refund.
16. Within eight (8) weeks of the Promoter receiving a valid claim that complies with these T&Cs, the refund amount will be deposited directly via EFT into the claimant’s account with the details provided by the claimant on his or her claim form.
17. Refunds are not transferable or exchangeable.
18. If for any reason any aspect of this promotion is not capable of running as planned, including (but not limited to) by reason of technical failures, tampering, unauthorised intervention, fraud 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 reserves the right, in its sole discretion, to the fullest extent permitted by law to cancel, terminate, modify or suspend the promotion, or invalidate any affected claims.
20. If part or all of any clause of these T&Cs is unenforceable, it will be severed, and the balance of these T&Cs will remain in full force and effect.
21. These T&Cs are governed by the laws of New South Wales and each entrant agrees to submit to the non-exclusive jurisdiction of the courts of that State.