Terms & Conditions – Oriental Botanicals Western Australian Retailer Cash Giveaway  

Congratulations to our lucky first winner

TerryWhite Chemmart Harvest Lakes

1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

2. The Promoter is McPherson’s Consumer Products Pty Ltd (MCP) (ACN 000 020 495), trading as Oriental Botanicals of Unit 54/1 Porter Street, Byron Bay NSW 2481 telephone: 1800 550 103

3. Entry is only open to Pharmacy businesses located in Western Australia that have an active account with MCP (“Eligible Entrants”). Entry is not open to any customer operating under a distributor arrangement or has been submitted by MCP to an external Debt Collector.

4. Employees (and their immediate families) of the Promoter, agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: 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 1st cousin.

5. Promotion commences 12:00am on 01/10/2021 and ends at 11:59pm AEWT on 31/12/2021 (“Promotional Period”).

6. There will be three (3) draws conducted throughout the Promotional Period.

7. Entries in each Monthly Draw will not be automatically entered into any subsequent Monthly Draw(s)

8. To enter a draw conducted during the Promotion Period, the entrant must have an active credit account with MCP and have an order dispatched for Oriental Botanicals products greater than the minimal order value of $150 during the draw month.

9. Only one (1) entry per month is permitted per Eligible business.

10. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) 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.

11. Incomplete or indecipherable entries will be deemed invalid.

12. Once Eligible Entrants have completed the drawn Entry Requirement, they will automatically be entered into that monthly draw to win.

13. 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. Proof considered suitable for verification is at the Promoter’s sole discretion.

14. All draws will take place at the promoter’s address at 11am on the dates specified in the table below.  The winners will be notified in writing within two (2) business days and published at www.orientalbotanicals.com.au/oriental-botanicals-retailer-cash-giveaway within 7 business days.

Draw Draw Date

Monthly Draw 1

November 15, 2021   

Monthly Draw 2

December 14, 2021

Monthly Draw 3

January 14, 2022

15. An unclaimed prize draw, if required, will take place at the same time and location as each original draw on14/04/2022. The winners will be notified in writing within two (2) business days and published at www.orientalbotanicals.com.au/oriental-botanicals-retailer-cash-giveaway within 7 business days.

The Prize

16. The first valid entrant drawn will win a $1000 cash gift voucher or can be claimed as a credit on their MCP account

17. If the prize (or part of any prize) is unavailable the Promoter, in its discretion, reserves the right to substitute the prize (or part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.

18. The Prize is subject to the standard terms and conditions of individual prize and service providers, including:

a. Prize is not redeemable for cash or cash products

b. The prize is non-refundable and non-transferable

c. The prize limit is up to $1000 per draw

General

19. The Promoter’s decision is final and no correspondence will be entered into.

20. Subject to the unclaimed prize draw clause, if for any reason a winner does not take / redeem a prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.

21. The winner will be notified by telephone and in writing by email within two (2) business days of the relevant draw.

22. The prize will be arranged with the winner and presented to the Entrant within 60 days of being notified the winner

23. Total prize pool value is $3000, being $1000 per draw

24. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.

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

26. 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 but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest 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.

27. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.

28. 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, 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”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.

29. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) 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; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use, taking or redemption of a prize.

30. As a condition of accepting a prize, the winner must sign any legal documentation as, and in the form, required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.

31. The Promoter 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, prize suppliers and, as required, to Australian regulatory authorities but PI is not disclosed to third parties for marketing purposes. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.orientalbotanicals.com.au/privacy-policy/customer-service-privacy-policy.html?lang=en_AU. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter 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, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter.  The Promoter will not disclose entrant’s PI to any entity outside of Australia, with the exception of the Prize winner’s name whose information may be shared for the purposes of awarding the prize.