Terms and Conditions
Clinicians Post-Pregnancy Mood & Sleep Giveaway - Terms & Conditions of Entry Monday 16 September
Definitions
- The following definitions apply in these Terms and Conditions:
Entrant has the meaning given to that term in clause 2;
Entry Content means any content (including text, photos, videos and email messages) that entrants submit, upload, transmit, publish, communicate or use in connection with their entry into the Promotion;
How to Enter: to enter the Promotion, each Entrant must complete the following steps during the Promotion Period:
- follow @clincians on Instagram; and
- tag another person who has a valid Instagram account in the comments section of the Promotional Post.
Each singular tag in the comment of the Promotion Post is equal to one Entry into the Promotion. The Entrant’s Instagram profile must be set to ‘public’ for the duration of the Promotion.
Immediate Family Member means 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 first cousin;
Notification Date: the winner will be notified by Friday 3 September 2024 in accordance with clause 17;
Number of Prizes: fives Prizes to five winners are available to be won under this Promotion;
Prizes (5) means all of the following individual goods that consist of to be distributed evenly among 5 winners:
- ten (10) Clinicians Post-Pregnancy Mood & Sleep Supplement.
- five (5) Clinicians Flora Restore Supplement.
- five (5) Avene Cicalfate Cream 100ml
- five (5) Avene Thermal Spring Water 300ml
- five (5) Avene Soothing Radiance Mask
- five (5) Bio-Oil Skincare Oil Natural 200ml
- five (5) QV Baby Gentle Wash 500g
- five (5) QV Baby Moisturising Cream 500g
- five (5) Phloe Bowel Health Chewables
- five (5) Phloe Biotics
- five (5) Klorane Shampoo
- five (5) Klorane Conditioner
- five (5) Klorane Dry Shampoo
The recommended retail price of the total Prize value does not exceed NZ$2,010.
Promoter means Douglas Pharmaceuticals Limited, Central Park Drive, Lincoln, Auckland 0610, New Zealand;
Promotion means this competition run by the Promoter in respect of the Prizes;
Promotion Post means the Instagram post relating to the Promotion as posted on the Instagram account @clinicians.
Promotion Period means the duration of the Promotion, commencing Monday 16 September
Value means the total value per Prize, being no more than NZ$402.
Winner means the Entrant that is the recipient of the Prize under the Promotion, determined in accordance with the Winning Method; and
Winning Method means the way the Winner is determined, being by a game of chance where the Winner is selected by a random generator from the all the supplied and eligible Entries, by the Promotor in Auckland New Zealand.
Eligibility
- To be eligible to enter the Promotion, entrants must be a New Zealand resident (Entrant).
- Employees (and their Immediate Family Members) of the Promoter, and any companies, agencies or persons associated with this Promotion, are ineligible to enter.
- Entrants must have and maintain a valid Instagram profile throughout the Promotion Period and until the Winner is announced.
- Entrants must take full responsibility for their Entry Content and for ensuring that their Entry complies with these Terms and Conditions and other applicable laws.
- Incomplete and ineligible entries will be deemed invalid. Entries will also be deemed invalid if they breach these Terms and Conditions as determined by the Promoter in its sole discretion or any other content guidelines notified by the Promoter during the entry process for the Promotion.
- An Entrant’s Entry Content must not include:
(a) any image or voice of any other person without that person’s express consent. Entrants warrant that if any such content is included, they have obtained the express consent of the relevant person;
(b) any content that contravenes any law, infringes the rights of any person or animal or is obscene, offensive, potentially defamatory, discriminatory, indecent or otherwise objectionable or inappropriate (which includes, without limitation, any content involving nudity, malice, excessive violence or swearing); and
(c) any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists, unless the Entrant is entitled to do so. If an Entrant has any doubts about whether they have the right to include any content (for example, recorded music) they must not include it. By including any such content in their entry, each Entrant warrants that they have the permission of the relevant copyright owner to do so and that this permission allows the Promoter to use the entry in accordance with these Terms and Conditions.
How to Enter
- The Promotion continues for the Promotion Period.
- To enter the Promotion Entrants must, during the Promotion Period, complete the steps set out at the front of these Terms described as “How to Enter”.
- Any Entrant may enter the Promotion as many times as they want during the Promotion Period. Only one eligible Entry per Entrant may win.
- Entries may only be submitted in accordance with the entry requirements set out in these Terms and Conditions and will not be accepted by the Promoter in any other form. Computer generated or other automated entries will not be accepted. Once submitted, Entries may not be altered or deleted.
- Entries must be received by the Promoter during the Promotion Period.
Prizes
- Entrants will be eligible to win the Number of Prizes set out at the front of these Terms.
- The Prize must be taken as offered. Prizes, or any unused portion of a Prize, are non-refundable, not transferable and not exchangeable for cash or services or any of the Promoter’s or Prize providers’ other products or services. If a Prize (or part of a Prize) is unavailable, the Promoter, in its absolute 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.
- The Promotor will arrange for the Prize to be shipped out to the Winner’s address, once the Winner has been verified and a residential address has been supplied.
For the avoidance of doubt, the Winner is responsible for using any received Prizes in the manner it sees fit and arranging for the use of the Prize. Where such Prize is a voucher, the Promotor accepts no liability for the inability to use such voucher(s) by the Winner, whether by the Winner facing in logistics issues in activating the voucher (if needed) or the Winner being unable to securely book accommodation on certain desired days. Any logistics or accommodation availability issues should be directed to the voucher provider.
Judging
- The Winner will be selected in accordance with the Winning Method set out at the front of these Terms.
- The Winner will be determined following the end of the Promotion Period at Central Park Drive, Lincoln 0610, Auckland, New Zealand or otherwise at a location to otherwise be determined by the Promoter.
- The winner will be announced on the Promoter’s Instagram by the Notification Date. The winner has 24 hours from the time they are notified to claim the Prize by sending their contact details to the Promoter in a direct Instagram message. If the Prize is not claimed within 24 hours of the Winner being notified they are the Winner, the Promoter reserves the right to select another winner using the Winning Method. Relevant details of the Prize will be emailed to the email address provided by the Winner.
- The name of the Winner may be published on the Promoter's Instagram account.
- The Winner will be awarded the Prize in accordance with the details of the Prize set out at the front of these Terms and in clause 13.
- If the winning entry is deemed not to comply with these Terms and Conditions, the non-complying entry will be discarded and the next best entry (in the Promoter's sole discretion) will be the Winner.
- The outcome of the Promotion is final and binding and no correspondence will be entered into.
Facebook / Instagram Promotions
- The Promotion is conducted via Instagram, Facebook or Meta. Accordingly, all Entrants agree to the following conditions:
(a) Entrants acknowledge that the Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram;
(b) Entrants acknowledge that any information they provide in connection with the Promotion is provided to the Promoter and not to Facebook or Instagram;
(c) any questions, comments or complaints regarding the Promotion will be directed to the Promoter, not to Facebook or Instagram; and
(d) Entrants release Facebook Inc and its associated companies from all liability arising in respect of the Promotion.
General
- Participation in this Promotion is deemed acceptance of these Terms and Conditions.
- This Promotion is in no way affiliated with any of the brands included or which make up the Prize list.
- The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to or alteration of entries. The Promoter, their employees and agents are not liable for any loss of, damage to or delay in delivery of the Prize.
- Entrants consent to the Promoter using the Entrant’s Entry Content, and/or the Entrant's name, likeness, image and/or voice in the event that they are a winner (including photograph, video, and/or audio recording) 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.
- Entrants are responsible for ensuring that any information provided as part of their entry is complete and correct. Incomplete, incorrect, indecipherable, illegible or late entries will be invalid.
- Winners must, if requested by Promotor, produce proof of identity, age and place of residence. 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.
- 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 as a result of Covid-19), the Promoter reserves the right, in its sole discretion and to the 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.
- Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees under the Consumer Guarantees Act 1993 or similar consumer protection laws in New Zealand (Non-Excludable Guarantees). Except for any liability that cannot be excluded, including the Non-Excludable Guarantees, the Promoter (including its officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury and any loss or damage (including loss of opportunity), whether direct, indirect, special, contingent or consequential, arising in any way out of the following: (a) the Promotion; (b) any technical difficulties, equipment malfunction, access to or availability of websites and applications (whether or not under the Promoter’s control); (c) any fraud, theft, unauthorised access or third party interference; (d) 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; (e) any variation in Prize value to that stated in these Terms and Conditions; (f) any tax liability incurred by a winner or Entrant; or (g) taking or use of all or part of a Prize (including without limitation any loss, damage, injury or death resulting from an accident).
- The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, Prize suppliers and, as required, to New Zealand regulatory authorities. Entry is conditional on providing this information which will be handled in accordance with the Promoter’s Privacy Policy available at www.clinicians.co.nz. Entrants can request access and correction of their personal information by contacting abbyb@douglas.co.nz.
- If the Entrant has consented (opted-in) to receive electronic commercial messages from the Promoter, the Promoter may, for an indefinite period, unless and until otherwise advised by an Entrant to the contrary (e.g. through the use of an unsubscribe facility), use the Entrant’s personal information for promotional, marketing, publicity, research and profiling purposes, including sending electronic commercial messages (e.g. email, SMS, MMS and IM) or telephoning the Entrant.
- All entries become the property of the Promoter (including any intellectual property in an entry) and will not be returned.
- The Promoter (including its officers, employees and agents) excludes all liability (including negligence) for claims, losses (including loss of opportunity), damages, injuries, costs and/or expenses, whether direct, indirect, special or consequential, suffered, sustained or incurred as a result of, or arising in any way out of, or in any way connected with, the Promotion or any Prize, except for any liability that cannot be excluded by law (in which case that liability is limited to the greatest extent allowed by law). The Entrant releases and agrees to keep the Promoter indemnified and held harmless from any claim, cost, demand, tax, liability or damage (including legal costs on a full indemnity basis) suffered or incurred by the Promoter arising out of the Entrant’s: (a) participation in the Promotion; (b) taking or use of all or part of a Prize; and (c) any claim by a third party arising from an act or omission by the Entrant.
- The Promoter is not liable for any failure to comply with these Terms and Conditions. If a provision in these Terms and Conditions is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary to ensure that it is not illegal, invalid, void, voidable or unenforceable. If it is not possible to read down a provision as required in this clause, that provision is to be severed to the extent necessary without affecting the validity or enforceability of the remaining part of that provision or the other provisions in these Terms and Conditions, and the rest of these Terms and Conditions remains in full force and effect.
- These Terms and Conditions constitute the entire agreement between the Entrant and the Promoter as to its subject matter. The Promoter’s decision regarding all aspects of this Promotion is final and no correspondence will be entered into.
- The Terms and Conditions of this Promotion are governed and construed in accordance with the laws of New Zealand and each Entrant hereby submits to the exclusive jurisdiction of the Courts of New Zealand.
- All references to time and dates in these Terms and Conditions refer to the relevant time and date based on New Zealand time.
