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- 1. Terms of use of the Blackmores Medical Website.
The Blackmores Medical Website is owned and operated by Blackmores Ltd (Blackmores). Your access to this site is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on this site (known collectively as Terms of Use). Your use of, and/or access to, this site constitutes your agreement to these Terms of Use
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2. User requirements and content of this site
This site is designed for use by qualified practitioners only. If you are not qualified as a medical or alternative health professional you should not use this site.
In using this site, you acknowledge that the information you have supplied to Blackmores in order to obtain authorization to access the site is factual.
In using this site, you acknowledge that Blackmores do not seek to nor do they provide medical, hospital or nursing, dental, psychiatric, pharmaceutical, community health or health education services, podiatry, chiropractic or any alternative health services or health services or advice of any kind.
You use this site at your risk. Blackmores by providing access to Content does not warrant its accuracy, currency or adequacy. You must evaluate, and you bear all risks associated with, use or reliance upon any Content.
Additional terms may apply in relation to particular Content or products or services acquired through use of the site. You should check terms which apply to particular Content or products or services prior to acquiring them.
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3. The Site
Blackmores endeavours to provide a convenient and functional site. However, we do not warrant the Content will be error free or that the site or the server that operates it are free of viruses or other harmful components.
If your use of the site results in the need for servicing or replacing property, material, equipment or data, Blackmores will not be responsible for such costs.
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4. Limitation of our liability
Without limiting the above provisions, everything on the site is provided to you "as is" and "as available" without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
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5. Other
Blackmores may change material on this site, including these conditions, at any time without notice. Each time you log on to this site, you will be deemed to have accepted any changes to these Terms of Use. The updated online version of these Terms of Use shall supersede any prior versions, whether in paper, online or other media format.
This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
All rights not expressly granted herein are reserved.
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6. Indemnities
By using this site you agree to:
- irrevocably waive and release any and all claims that you now have or may have against Blackmores, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which claims directly or indirectly arise out of, relate to or are incidental to use of Content, this site or anything made available via this site; and
- indemnify Blackmores from and against claims, loss, damage, tax, liability and/or expense that may be incurred Blackmores directly or indirectly arising out of or in connection with your use or reliance upon Content, this site or anything made available via this site, including legal costs, fees and expenses of defending Blackmores, but excepting claims arising out of gross negligence or willful misconduct of Blackmores.
You agree to indemnify Blackmores from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of:
- violation of these terms by you, or
- infringement by you, or other user of this using your user name and password, of any intellectual property or other right of any person or entity.
These indemnities are subject to the provisions of this agreement under the headings "Limitation of our Liability".
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7. Copyright and other intellectual property
This site contains material (including video, graphics and text) which is subject to copyright and other intellectual property rights owned by or licensed to Blackmores. Subject to fair use and other relevant defences:
- you are allowed to:
- view, copy and print material in electronic or other forms only for your personal or professional use, only if you retain copyright and other intellectual property notices from the original material.
- you are NOT allowed to:
- use material from this Site for non-personal, public or commercial purposes (other than provision of professional services by you as a medical or health care practitioner); or
- breach copyright or any other intellectual property rights of Blackmores by amending or adapting any material on this Site.
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8. Links to third party websites
This site contains hyperlinks and other pointers to Internet web sites operated by third parties. These linked web sites are not under the control of Blackmores. Blackmores is not responsible for the contents of any linked web or any hyperlink contained in a linked web site. Blackmores provides these hyperlinks to you as a convenience only. Inclusion of any link does not imply any endorsement of the linked web site by Blackmores or its affiliates. You link to any such web site entirely at your own risk.
- 1. Information on how to enter and prizes form part of these Terms and Conditions. Entry into the competition is deemed acceptance of these Terms and Conditions.
- 2. Entry is open to all permanent residents of Australia aged 18 years or over who are qualified medical or alternative health care professionals. (“Eligible Entrants”).
- 3. Employees and their immediate families of Blackmores Limited, and their associated agencies and companies are not eligible 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.
- 4. The competition commences on Sunday, 19 October 2008 at 00.01 (AEDST) and concludes on Saturday, 20 December 2008 at 23.59 (AEDST).
- 5. To enter:
- a) If an Eligible Entrant is not currently a member, they must subscribe to become a Blackmores Medical member by logging onto www.blackmoresmedical.com.au and completing the membership registration during the promotional period to receive an entry. Bonus Entry: Upon confirmation of their registration, new members may gain an additional one (1) entry by answering all ten (10) questions on the Blackmores Medical survey during the promotional period.
- b) If an Eligible Entrant is a current Blackmores Medical member, they must log on to www.blackmoresmedical.com.au follow the link to the survey and answer all ten (10) questions on the Blackmores Medical survey during the promotional period to receive an entry.
- 6. Only one (1) entry per person will be accepted throughout the promotional period for Eligible Entrants that are current Blackmores Medical members. For Eligible Entrants that are becoming new Blackmores Medical members can gain two (2) entries, in the event that they gain a bonus entry.
- 7. Incomplete, incomprehensible or illegible entries will be deemed invalid.
- 8. The Promoter reserves the right to request winners to provide proof of identity, medical professional qualification and proof of residency at the nominated prize delivery address. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.
- 9. If there is a dispute as to the identity of an Eligible Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Eligible Entrant.
- 10. The Promoter reserves the right to verify the validity of entries and Eligible Entrants (including an Eligible Entrant’s identity, age and place of residence) and to disqualify any entry which, in the opinion of Promoter, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, disqualify any Eligible Entrant who tampers with the entry process, who submits an entry that is not in accordance with these Terms and Conditions or who has, in the opinion of Promoter, engaged in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or Promoter. The Promoter reserves the right to disqualify a winner if Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
- 11. The Promoter accepts no responsibility for any late, lost or misdirected entries due to technical disruptions, network congestion or for any other reason.
- 12. The cost of accessing the promotional website will be dependant on the Eligible Entrant’s individual Internet Service Provider.
- 13. There will be nine (9) weekly prize draws for this promotion. Each Eligible Entrant who has entered the competition over the duration of the promotional period will be entered into the respective weekly prize draw. Non-winning entries will be rolled over into the subsequent weekly draw. Entries into each draw close at 23:59 AEDST on the dates outlined in the table below. Each draw will take place at 11am AEDST on the dates outlined in the table below. All draws will take place at Tactics Marketing Support, Unit 4b/106 Old Pittwater Rd, Brookvale NSW 2100. The winners will be notified by telephone within two (2) days of the draw and will also be sent a letter advising them of their prize. Winners’ details will be published in the Public Notices section of The Australian newspaper on the dates outlined in the table below.
| Draw |
Draw Close Date |
Draw Date |
Publication Date |
| 1 |
25 October 2008 |
27 October 2008 |
21 November 2008 |
| 2 |
1 November 2008 |
03 November 2008 |
| 3 |
8 November 2008 |
10 November 2008 |
| 4 |
15 November 2008 |
17 November 2008 |
12 December 2008 |
| 5 |
22 November 2008 |
24 November 2008 |
| 6 |
29 November 2008 |
01 December 2008 |
| 7 |
6 December 2008 |
08 December 2008 |
31 December 2008 |
| 8 |
13 December 2008 |
15 December 2008 |
| 9 |
20 December 2008 |
22 December 2008 |
- 14. There are nine (9) weekly prizes to be won for this promotion. The first valid entry drawn in each prize draw will each win an 16G Apple iPod Touch valued at $419 (including GST) each.
- 15. Total prize pool value is $3,771 (including GST).
- 16. Prizes are not exchangeable, transferable and cannot be redeemed for cash.
- 17. Unless expressly stated in these terms and conditions all other expenses become the responsibility of the winner.
- 18. Subject to the unclaimed prize draw clause, if for any reason a winner does not take the prize by the time stipulated by the Promoter, then the prize will be forfeited.
- 19. If any prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value and/or specification.
- 20. Once prizes have left the Promoter’s premises, the Promoter takes no responsibility for prizes damaged, delayed or lost in transit.
- 21. By accepting the prize, the winner agrees to participate in and co-operate as required with all reasonable media editorial requests relating to the prize, including but not limited to, being interviewed, filmed and photographed. Eligible Entrants consent to the Promoter using any material created pursuant to this provision 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 the Promoter.
- 22. Prize values are based upon the recommended retail prices at the time of printing (inclusive of GST). The promoter accepts no responsibility for variation in prize value.
- 23. A draw for any unclaimed prizes will take place at the same time and place as the original draw on Monday, 6 April 2009. Any winners will be notified by telephone and in writing, and their details will be published in the Public Notices section of The Australian on Monday, 13 April 2009.
- 24. The Promoter’s decision is final and the Promoter will not enter into any correspondence.
- 25. It is a condition of accepting the prize that a winner must comply with all the conditions of use of the prize and the prize supplier’s requirements.
- 26. It is a condition of accepting the prize that a winner may be required to sign a legal release in a form determined by the Promoter in its absolute discretion.
- 27. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the competition on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the competition and recommence it from the start on the same conditions.
- 28. Except for any liability that cannot be excluded by law, the Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to direct, indirect, special or consequential loss) or for any personal injury suffered or sustained, arising in any way out of the Promotion, 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 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; or (e) use of a prize.
- 29. The Promoter is not responsible for any incorrect or inaccurate information, either caused by the phone user or for any of the equipment or programming associated with or utilised in this competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.
- 30. Liability for any tax arising out of participation in this competition (including acceptance of a prize) is the sole responsibility of the Eligible Entrant. Eligible Entrants should seek independent financial advice in this regard.
- 31. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
- 32. Blackmores Limited and their associated agencies and companies assume 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, and reserves the right to take any action that may be available.
- 33. If for any reason this competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the competition.
- 34. All entries become the property of the Promoter. The Promoter collects personal information about Eligible Entrants to enable them to participate in this promotion but no further use of this information will be made without prior consent. Should an Eligible Entrant’s contact details change during the promotional period, it is the Eligible Entrant's responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to Promoter.
- 35. All opt-in entries will be entered into a database and the Promoter may, for an indefinite period unless otherwise advised, use the Eligible Entrant’s names, addresses and telephone numbers for future promotional, marketing, publicity, research and profiling purposes in any media worldwide without notice and without any fee being paid unless otherwise advised by the Eligible Entrant, including sending electronic messages or telephoning the Eligible Entrant. By opting-in, Eligible Entrants confirm that they allow their details to be used for this purpose. If Eligible Entrants no longer consent to their details being used for future marketing purposes, the Eligible Entrant should contact The Promoter on their details set out below. Any request to update, modify or delete the Eligible Entrant’s details should be directed to The Promoter.
- 36. Bullseye Digital, on behalf of Blackmores Limited is collecting the Eligible Entrant's personal information for the purpose of conducting and promoting this competition (including but not limited to determining and notifying winner). The Eligible Entrant's personal information may be disclosed to Bullseye Digital for this purpose. Entry is condition upon the provision of this information.
- 37. Eligible Entrants’ personal information may be disclosed to State and Territory lottery departments and winners’ names published as required under the relevant lottery legislation. A request to access, update or correct any information should be directed to the Promoter.
- 38. The Promoter is Blackmores Limited, (ABN: 35 009 713 437) of 23 Roseberry Street, Balgowlah, NSW 2093. Ph: (02) 9951 0111
- 39. Authorised under NSW permit no: LTPS/08/9875, ACT permit no: TP08/4107