Terms & Conditions

UP&GO Good Stuff Promotion

  1. Information on how to enter and the prizes form part of these terms and conditions (Terms and Conditions). Participation in this promotion is deemed acceptance of these Terms and Conditions.
  2. Entry is only open to Australian residents aged 18 years or over.
  3. Directors, officers, management and employees (and their immediate families) of the Promoter and 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 first cousin.
  4. The promotion commences on 1 May 2022 and entries close at 11.59pm AEST on 30 June 2022 (Promotional Period).
  5. To enter, individuals must:
    1. during the Promotional Period (depending on and subject to availability) purchase an UP&GO product (Participating Product) from any retail store that advertises this promotion (via POS material) and sells Participating Products and collect the itemised purchase receipt;
    2. locate the last 4 digits of the barcode of the Participating Product;
    3. during the Promotional Period, visit http://upandgogoodstuff.com.au/ (Website), follow the prompts to the promotion entry page, fully complete and submit the displayed form (including by providing their bona fide full name, residential address, date of birth, contact phone number and email address), enter the last 4 digits of the barcode of the Participating Product, upload the itemised purchase receipt for the Participating Product and follow the prompts to immediately find out if they are an instant winner, and if so, what prize they have won.
  6. The Promoter does not warrant that Participating Products will be available in all retail stores that usually sell UP&GO products at all times during the Promotional Period.
  7. Printing and other quality control errors will not invalidate an otherwise valid prize claim. Unless otherwise due to fraud or ineligibility under these Terms and Conditions, all prize claims in excess of the advertised prize pool will be honoured. Instant win game materials are void if stolen, forged, mutilated or tampered with in any way.
  8. Entrants must retain the itemised purchase receipt and the last 4 digits of the barcode of the Participating Product for all entries as proof of purchase. Failure to provide proof of purchase upon request may, at the discretion of the Promoter, result in an invalidation of all of an entrant's entries and ability to win any prize. Each purchase receipt must clearly identify where the Participating Product was purchased, the product/s purchased (which must be a Participating Product) and the date of purchase. If, in the Promoter's opinion, an entrant has shared any proof of purchase with another person, all affected entries will be invalid and the entrant will lose any right to a prize.
  9. 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 or other information supplied at the time of entry) including by requiring the provision of certified copies of identification documents. The Promoter reserves the right, in its sole discretion, to disqualify any individual (and all associated entries) 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. 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.
  10. Limit on entries:
    1. only 1 entry per Participating Product is permitted;
    2. an individual may only submit 2 entries per day, and may only submit 10 entries in the promotion in total;
    3. an individual may win a maximum of 5 prizes in this promotion. Up to this maximum limit, an entrant is not prohibited from winning multiple prizes; and
    4. subject to any other limitations expressed in these Terms and Conditions, multiple entries are permitted however each entry must be submitted separately and in accordance with entry requirements.
  11. The Promoter is not liable for entries, prize claims or correspondence that are misplaced, misdirected, delayed, lost, incomplete, indecipherable or incorrectly submitted.
  12. The last 4 digits of the barcode of the Participating Product must be submitted in accordance with the entry requirements set out in these Terms and Conditions.
  13. If there is a dispute concerning the conduct of this promotion (including as to the identity of an entrant) or in respect to claiming a prize, the Promoter will consider the entrant's grievances however reserves the right to resolve the dispute in the manner it determines most appropriate, acting reasonably.
  14. Winner determination:
    1. The last 4 digits of the barcode of the Participating Product entitles the entrant to 1 entry in this promotion.
    2. Upon completing the steps set out at clause 5, an entrant will be notified immediately if they have won a prize.
    3. A confirmation email will be sent to the email address provided by the winner.
    4. All winners will be published online on the Website from 9 July 2022 for a period of 28 days.
  15. The following instant win prizes are randomly awarded based on a predetermined prize winning ratio by a computerised system at 5/9 Fitzpatrick Street, Revesby, New South Wales 2212.

Prize

Value (AUD)

Quantity in Prize Pool

NEW Mitsubishi triton 4x4 MY22 GSR 2.4D 6ATDC/PU (Mitsubishi Prize)

$58,285

1

Sony 65 inch 4K TV (65" X90J | BRAVIA XR)

$2,496

5

SMEG FAB 5 50'S Style Retro Bar Fridge (38 Litre)

$1,090

5

JBL PartyBox 110 Portable Party Speaker

$499

10

Fuel Gift Voucher

$50

270

JB Hi-Fi Digital Gift Card

$50

270

  1. There are no bonus prizes awarded as part of this promotion.
  2. If a prize/s remain unallocated at the end of the Promotional Period, a draw for the unallocated prize/s may take place at 5/9 Fitzpatrick Street, Revesby NSW 2212, at 12pm AEST on 5 July 2022 (Unallocated Prize Draw). Only entrants who have not already won a prize pursuant to clause 15 will be included in the Unallocated Prize Draw. In the case of a winner, they will be notified in writing within 5 business days of the draw. The winner/s will be published on the Website from 9 July 2022 for a period of 28 days.
  3. If there are less entries than there are prizes, the Promoter may, in its sole discretion:
    1. randomly allocate the remaining prizes pursuant to the Unallocated Prize Draw even if that means that some entrants will win more than one prize for an entry; or
    2. determine not to allocate the remaining prizes,
    provided that the Mitsubishi Prize must be randomly allocated to an entrant even if there are less entries than there are prizes.
  4. Subject to a winner's compliance with, and the Promoter’s rights under, these Terms and Conditions:
    1. physical prizes will be posted or couriered to the address within Australia nominated by the winner when the winner claims their prize pursuant to these Terms and Conditions. Each prize will be sent by the Promoter to the winner within 28 days from the date the winner claims their prize pursuant to these Terms and Conditions;
    2. the gift vouchers will, at the discretion of the Promoter, be posted or emailed to the postal address nominated by the winner when the winner claims their prize or the email address nominated by the winner at the time of entry. Each prize will be sent by the Promoter to the winner within 28 days from the date the winner claims their prize pursuant to these Terms and Conditions; and
    3. the Mitsubishi Prize will be conferred on the winner in accordance with and subject to clause 20.
  5. Mitsubishi Prize conditions:
    1. the Mitsubishi Prize is valued at $58,285 including GST;
    2. the Mitsubishi Prize has automatic transmission, includes on road costs and 12 months registration; 
    3. the Mitsubishi Prize does not include insurance or the cost of insurance. Insurance is the responsibility of the winner and should be obtained before collecting the prize;
    4. the Mitsubishi Prize does not include any other ancillary costs such as transport to collect the prize. Ancillary costs are the responsibility of the winner;
    5. the Mitsubishi Prize will be supplied by ACM Liverpool Pty Ltd ABN 60 121 604 055 and/or ACM Autos Pty Ltd ABN 66 121 604 082; and
    6. the winner of the Mitsubishi Prize must collect the prize from a nominated dealer in the State or Territory in which the winner resides unless otherwise agreed with the Promoter in writing.
  6. The winners do not choose the colour of the SMEG FAB 5 50'S Style Retro Bar Fridge (38 Litre).
  7. The Fuel Gift Voucher will be provided in the form of an EFTPOS gift card.
  8. All prizes are deemed to be claimed when the winner claims their prize pursuant to the instructions set out in the email to the winner notifying the winner that they have won the prize and supplies any additional information requested by the Promoter pursuant to these Terms and Conditions. All prizes must be claimed before 3.00pm AEST on 7 September 2022 (Prize Claim Date).
  9. Any Unallocated Prize Draw and unclaimed prize draw and associated announcement will be supervised by an independent scrutineer as required by law.
  10. If a prize (or part of a prize) is unavailable, the Promoter, in its 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.
  11. Subject to the unclaimed prize draw clause, if for any reason a winner does not take or claim a prize (or an element of a prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
  12. Total prize pool value is $108,205.
  13. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
  14. A draw for the prize/s if unclaimed may take place at 5/9 Fitzpatrick Street, Revesby NSW 2212, at 12pm AEDST on 10 October 2022, subject to any directions from a regulatory authority. In the case of a winner, they will be notified in writing within 5 business days of the draw. The winner/s will be published on the Website from 12 October 2022.
  15. 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 the business of the Promoter.
  16. Subject to clause 13, the Promoter’s decision is final and no correspondence will be entered into.
  17. Entries must be received during the Promotional Period and will be deemed to be received only when received by the Promoter. If an entrant returns a Participating Product their entry may be deemed invalid at the Promoter's discretion (unless the product is defective). Automatically generated entries or entrants who enter using multiple phone numbers/email addresses/addresses/aliases may be disqualified.
  18. By entering, entrants request that their full address not be published.
  19. Where the winners are published on the Website, the Promoter will publish each winner's first name initial, full last name and postcode unless the winner has requested that the Promoter not do so. Where the winner wins multiple prizes, the winner's name will only be published once.
  20. Participants must not:
    1. tamper with the entry process;
    2. engage in any conduct that may jeopardise the fair and proper conduct of the promotion;
    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 promotion;
    5. breach any law; or
    6. behave in a way that is otherwise inappropriate.
  21. 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.
  22. 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 (Cth) 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.
  23. The Promoter is not responsible for any tax implications arising from the winning of prizes. Winners should seek independent financial advice. If for GST purposes this promotion results in any supply being made for non-monetary consideration, entrants must follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
  24. 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 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 of a prize.
  25. Any cost associated with accessing the 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.
  26. 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 Australian regulatory authorities, and may also use and handle personal information as set out in its privacy policy. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised by the entrant, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter using the details in clause 44 or emailing CustomerRelations@Sanitarium.com.au. All entries become the property of the Promoter. Visit https://www.sanitarium.com.au/corporate/privacy for the Promoter's privacy policy, which contains information about how entrants may seek to access or correct their personal information held by the Promoter or complain about a breach of their privacy, and how the Promoter will deal with that complaint. The Promoter may share personal information with third parties located outside of Australia, including the United States of America and New Zealand. While such third parties will often be subject to privacy and confidentiality obligations, such obligations may be less stringent than the requirements under Australian privacy laws and the Promoter cannot guarantee that the recipient will comply with Australian privacy laws, and despite this, an entrant consents for this to occur and agrees not to hold the Promoter liable in this regard.
  27. If any terms and conditions are imposed by a third party on a winner's ability to use some or all of the prize (by way of example, Gift Voucher terms of use etc) (Third Party Provider) then the winner must comply with those additional terms (which may include a requirement to demonstrate appropriate standards of behaviour while using the prize) or the winner will forfeit the prize (and the ability to continue to use and enjoy the prize) immediately on notice from the relevant Third Party Provider, or the Promoter (as applicable). Further, the entrant acknowledges and agrees that clause 39 applies equally to limit the liability of any Third Party Provider in respect of the conduct of the Promotion or the issue or use of any prize awarded in respect of the Promotion. 
  28. The Promoter will use reasonable endeavours to comply with the timeframes as set out in these Terms and Conditions subject to the entrant’s compliance with these Terms and Conditions (including responding to requests for information from the Promoter in a timely manner) or other events beyond the reasonable control of the Promoter which may otherwise affect specified timeframes.
  29. The Promoter is Australian Health & Nutrition Association Limited trading as Sanitarium Health Food Company (ABN 63 096 452 872) of 1 Sanitarium Drive, Berkeley Vale, NSW, Australia 2261. Phone Number: 1800 673 392.

NSW Authority No. TP/00554

ACT Permit No. TP 22/00154

SA Permit No. T22/74

JB Hi-Fi Digital Gift Card Terms and Conditions apply to the use of the Gift Cards. These are available at https://www.jbhifi.com.au/Gift-Cards/Gift-Card-Terms-and-Conditions/.