Terms and Conditions - Website/ Landing page
“Chance to Win Pet Products for a Year!”
1. The Chance to Win Pet Products for a Year Competition (‘Competition’) is being organised and managed by iCumulus Pty Ltd ACN 151 741 892 of Level 7, 131 York Street, Sydney NSW 2000 (‘Promoter’).
2. The Competition prizes are provided by Virbac (Australia) Pty Ltd ACN 003 268 871 of 395-361 Horsley Road, Milperra NSW 2214 (‘Virbac’).
How to Enter
3. The Competition commences on 25 March 2022 at 5:00pm (AEST) and entries close at 11:59pm (AEST) on 31 August 2022 (‘Competition Period’).
4. To enter, Entrants (‘you’ or ‘Entrant’) must fill out a data capture form at https://au.virbac.com/companion-animal for dog and cat owners, enter their personal details, provide a response to each of the profile questions and submit their entry (‘Entry’) during the Competition Period.
5. Participation in this promotion is deemed the Entrant’s acceptance of these Terms and Conditions. Entries must comply with these Terms and Conditions to be valid.
6. To be eligible to enter the Competition, Entrants must be:
a) an Australian resident;
b) aged 18 years or over; and
c) the owner of one (1) or more dogs and/or one (1) or more cats.
7. Employees (and their immediate families) of the Promoter, Virbac and agencies associated with this promotion are ineligible to enter.
8. The Promoter and Virbac reserve the right, at any time, to verify the validity of entries and Entrants (including an Entrant's identity and place of residence) and to disqualify any Entrant who submits an Entry that is not in accordance with these Terms and Conditions or who tampers with the entry process.
9. Failure by the Promoter or Virbac to enforce any of its rights at any stage does not constitute a waiver of those rights. Incomplete, indecipherable or illegible entries will be deemed invalid.
10. Each Entrant is permitted only a single Entry in this online Competition. Each Entrant will be uniquely identified by his or her email address. Multiple entries from a single Entrant based on the same or differing email address will not be permitted. 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. Winners will only be notified using the contact details provided in their entry in the Competition.
The Prizes
11. The total prize pool consists of six (6) individual prizes as set out in clause 13 (each individual prize is a ‘Prize’).
12. Each winner (‘Winning Entrant’) will be determined by a random electronic draw that will be drawn on the dates and times set out in clause 13. Only one entry will be drawn for each Prize and each Winning Entrant will be the Entrant whose entry is drawn for the relevant Prize.
13. The Prizes are set out in the following table:
| Prize Number | Type of Prize | Prize Description | Value of Prize* | Date and time that the Prize will be drawn |
|---|---|---|---|---|
| 1. | Minor Prize | Pet Hamper | $200 | 8 May 2022 at 10:00am AEST |
| 2. | Minor Prize | Pet Hamper | $200 | 8 June 2022 at 10:00am AEST |
| 3. | Minor Prize | Pet Hamper | $200 | 8 July 2022 at 10:00am AEST |
| 4. | Minor Prize | Pet Hamper | $200 | 8 August 2022 at 10:00am AEST |
| 5. | Minor Prize | Pet Hamper | $200 | 8 September 2022 at 10:00am AEST |
| 6. | Major Prize | 1 year supply of Pet Products | $2,000 | 8 September 2022 at 10:00am AEST |
14. The Value of the stated Prizes are based on the then applicable Recommended Retail Prices of the products included in the Prize. Virbac accepts no responsibility for any variation in Prize Value if the Recommended Retail Prices of the products included in the Prize vary between the commencement of the Competition and the Announcement.
15. Each draw will take place at Level 7, 131 York Street, Sydney, 2000. Each Winning Entrant will be notified by email and telephone and their names will also be published on https://au.virbac.com/promotions by 10th day of the month of the relevant draw (‘Announcement’).
16. The Winning Entrant must contact the Promoter to arrange collection of the Prize or to provide details as to where the Prize is to be sent within 2 months of the Announcement.
17. The random selection of the Winning Entrant and any decision of the Promoter or Virbac in relation to the Competition is final and the Promoter and/or Virbac will not enter into correspondence with any Entrant as to any such decision. Prizes, or any part of a Prize, is not transferable, exchangeable or redeemable (in whole or in part) for cash.
18. Subject, where relevant, to any directions given under the legislation regulating the Competition, if any of the Prizes are:
d) not claimed by the relevant Winning Entrant by a date 6 months after the relevant Announcement; or
e) forfeited for any reason, the relevant Prize will be deemed unclaimed,
the Promoter may conduct, but is not under any obligation to conduct a selection of a re-drawn winner on any unclaimed Prizes.
19. If the relevant Winning Entrant does collect/redeem the Prize or any part of the Prize within the time stipulated by the Promoter, then the Prize or that part of the Prize will be forfeited by the Winning Entrant.
20. No Prize (or part thereof) can be redeemed for cash.
Privacy
21. The information that you provide will be used by the Promoter and Virbac for the purpose of conducting this Competition. By Entering the Competition, you consent to the storage of your personal information on the databases of the Promoter and Virbac and you agree that Virbac may use this information for future promotional and marketing purposes regarding its products and services (but giving you the opportunity to opt out of such direct marketing).
22. You agree that the Promoter and Virbac may disclose your personal information to its contractors and agents to assist in conducting this Competition or communicating with you.
23. Your participation is voluntary. Basic sign up fields are mandatory. You may choose not to answer particular survey questions. By giving us your home or mobile telephone number(s) or email address you:
a) expressly consent to us contacting you for notification as a Winning Entrant;
b) marketing from time to time;
c) warrant that you are either the:
i. the telephone or email address account holder;
ii. the person responsible for the relevant telephone or email address account; or
iii. an authorised nominee of the telephone or email address account holder and are allowed to consent to receive marketing calls.
24. Anonymous de-identified survey responses to selected questions may also be provided to organisations to help them better understand market and consumer characteristics.
25. For more information about the privacy of your personal information please refer Virbac’s privacy policy available at https://au.virbac.com/home/legal-notice/privacy-policy.html.
26. Entrants consent to the Promoter and Virbac using the entrant's 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 Competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by Virbac.
Miscellaneous Conditions
27. Entering the Competition is free. No purchase of products or services is necessary.
28. If your details change during the Competition Period, it is your responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.
29. If this Competition 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 or Virbac, the Promoter and Virbac reserve the right, in their 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 Competition, the Prize, or these rules as appropriate at any time without prior notice.
30. The Promoter and Virbac will not be liable for any losses incurred as a result of any cancellation or changes to the Competition in accordance with clause 30.
31. Any cost associated with accessing the Website is the Entrant's responsibility and is dependent on the internet service provider used. The Promoter and Virbac are not responsible for email, internet, computer hardware and software, phone and/or technical errors, malfunctions, and delays that may prevent you from entering the Competition. You are solely responsible for submitting a valid entry.
32. To the extent permitted by law, Virbac makes no warranties or representations about the fitness for purpose or suitability of the Prize and are not responsible for the quality or fitness for any purpose of the Prize, or the failure of the Prize to be of merchantable quality. If liability under terms of a legislation cannot be excluded, the liability of Virbac is limited to re-supplying the relevant goods or services or paying the cost of replacing them.
33. You agree that the Promoter and Virbac are not liable for losses or injuries of any kind resulting from acceptance of the Prize, participation in the Competition, any delay or inability to submit an entry or any act or omission by you or any third parties.
34. You agree to indemnify and release and keep indemnified and released the Promoter and Virbac against any loss or damage suffered or any claim incurred by the Promoter or Virbac arising out of inaccuracies or unlawful content contained in your entry submitted or an act or omission by you or a breach of these Terms and Conditions by you.
35. To the extent permitted by law, the Promoter and Virbac (including each of their officers, employees and agents) excludes all liability (including negligence), for any personal injury or death that is suffered or sustained (whether or not arising from any person’s negligence), or any loss or damage (including, without limitation, loss of opportunity or loss of profits) whether direct, indirect, special or consequential, arising in any way out of the Competition or you accepting or using a Prize, including, but not limited to, where arising out of the following:
a) any technical difficulties or equipment malfunction (whether or not under the Promoter's or Virbac’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 or Virbac;
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 or participation in a Prize.
36. The Promoter collects personal information in order to conduct the Promotion and may disclose to Australian regulatory authorities if requested. Entry is conditional on providing this information.
37. If, due to any reason whatsoever, the Promoter or Virbac becomes aware after the Winning Entrant of a Prize is announced that the Winning Entrant has not complied with these Terms and Conditions, that Winning Entrant will have no entitlement to the relevant Prize, even if the Promoter or Virbac has announced them as a winner and that Entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the Prize.
38. The Promoter and Virbac accept no responsibility for any tax implications that may arise from the receipt by a Winning Entrant of a Prize. Independent financial advice should be sought by you. Where the operation of this Competition results for GST purposes, in supplies being made for non-monetary consideration, Entrants agree to 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. All taxes and any other costs related to the Prizes not specifically stated within these Terms and Conditions are the sole responsibility of each Winning Entrant.
39. The Promoter and Virbac are not liable for any delay or failure in performing their obligations under these Terms and Conditions caused by unforeseeable circumstances beyond their reasonable control.
40. These Terms and Conditions are to be construed in accordance with the laws from time to time in the State of New South Wales and the parties submit to the non exclusive jurisdiction in that state.
41. The Promoter and Virbac reserve the right to vary these Terms and Conditions at any time without prior notice. Any such amendments to these Terms and Conditions will be made available at https://au.virbac.com/companion-animal.
42. Entrants can contact the Promoter at:
Attention: Managing Director
iCumulus Pty Ltd (ABN 78 151 741 892)
Level 7, 131 York Street
SYDNEY, NSW, 2000
Email: consultant@icumulus.com.au
Last updated: 24 March 2022