TERMS OF AGREEMENT
Applicant: a person who has submitted an application to participate in the Campaign.
Entrant: a person who applies to participate in the Campaign.
Participant: a person who has been selected by the Company to participate in the Campaign.
Campaign: refers to the trial testing of the Product for the period of time specified in the Sample Trial Period.
Company: refers to Abundant Natural Health (ABN 11 614 499 937), the ‘Company’, whose registered office is Suite 23, 376-380 Eastern Valley Way, Chatswood NSW 2067.
Product: refers to Abundant Natural Health’s Magnesium Nasal Spray Formula
Sample Trial Period: the Trial period is for 40 days.
Terms of Agreement: Refers to this document, also referred to as the ‘Agreement’.
TERMS AND CONDITIONS FOR SAMPLE TRIAL CAMPAIGN – OFFICIAL RULES
- Entrants must be aged between 12 and 65 years old to participate in the Trial. Children aged between 12 and 18 years must have explicit parental consent in writing.
- Only one entry per person is permitted. Attempts to create multiple accounts will result in the account for the multiple registrations being revoked.
- As part of our screening process, Entrants must complete the eligibility survey questions.
- Entries including false details will be disregarded, as will any that are automated or mechanically made. The Company reserves the right to reject any entry on reasonable grounds.
- The Company reserves the right to verify the validity of entries and to disqualify any entrant who the Company believes either has tampered with the entry process or has submitted an entry that is not in accordance with these Official Rules.
- All entries become the property of the Company. The Company’s decision is final and no correspondence will be entered into. No responsibility is accepted for entries not received by the Company. Entries will be deemed void if stolen, forged, mutilated or tampered with in any way.
- Entrants warrant that their entry in the campaign, including any submissions made to the Company, does not breach the intellectual property rights of any third party. The Entrant indemnifies and will keep the Company and its associated suppliers, agencies and affiliates indemnifies against any loss, costs (including legal costs), expenses or liability by the Company and its associated suppliers, agencies and affiliates may suffer arising out of a breach by the Entrant of this clause.
- Entrants selected to participate in the Campaign will be notified via text, phone or email. Those selected must confirm their acceptance including confirmation of their personal details within 5 days of notification. Any Entrant who does not confirm their acceptance and confirm the relevant details within 5 days will forfeit their opportunity to be a Participant.
- All entries are deemed to be received at the time of receipt into the Company’s database and not at the time of transmission by the Entrant. Any form of automated entry using other devices or software is invalid.
- All valid entries received will be reviewed by a judging panel. This is a relevance-based campaign and chance plays no part in determining the choice of participants. Each entry will be individually judged based on the responses to the questions in the eligibility survey.
- Any costs associated with entering the campaign and submitting an application is the responsibility of the Entrant.
- As a condition of your entry, you agree to indemnify the Company and its affiliates, officers, employees and agents from and against any and all liabilities, other expenses (including costs and legal fees) and damages arising out of claims resulting directly or indirectly from such entry.
- The requirements of the product testing Campaign will be communicated with the successful Entrant who has been selected to be a Participant and they will be required to:
- Commit to use the Product for the required period of time; and
- Fill in feedback questionnaires on a regular basis, submitting your answers by the specified time period; and
- Provide a written review and a short video review of the Product at the end of the Trial period, by the date set out by the Company.
- Products will be delivered direct to the Participant’s home address free of charge, no product or cash alternative will be offered.
- Once the Participant has complied with their obligations in clause 3. a) to v), they will have the opportunity to keep the trial Product at no cost.
- The Company accepts no responsibility or liability for loss, damage or personal injury resulting from the use of products. If during the test period a Product is found to be faulty, we will request the Participant return the Product to a specified address so we can send a replacement.
- The Company does not offer any personal warranty on the Products or goods however if the Product is found to be faulty. The Participant will be advised to contact us so we can organise a replacement.
- If a Participant does not comply with the Official Rules, you may be disqualified from all Product testing opportunities without further notice. False or deceptive entries or acts will render the entrant ineligible.
- Participants agree to participate in any promotional activity surrounding this promotion including publicity on the Company’s website, in emails and through any other social medium for promotion. The Company will always protect the Participant’s identify and will not publish information which may identify an individual unless the Participant gives the Company prior written permission. Individuals should not enter to become a Participant if they do not agree to this clause.
- Participants agree that participation in the trial Campaign will be free of charge. Participants consent to the Company and its associated suppliers, agencies and affiliates using their review of the product in any media form in perpetuity, without limitation and without compensation to the Participant.
- To the fullest extent permitted by law and without limiting any other conditions of entry, the Company may, in its discretion, suspend, modify or terminate the trial Campaign at any time.
- To the fullest extent permitted by law, the Company, its affiliates and third party suppliers and agencies hereby expressly exclude: all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; any liability for any direct, indirect or consequential loss or damage incurred by any Participant in connection with any entry into the campaign or the use of a Product.
- The Company undertakes to use reasonable efforts to maintain adequate email, internet and other communication links but is not otherwise responsible for and shall not be liable for: late, lost, delayed, damaged, misdirected, incomplete, illegible, or unintelligible entries; telephone, electronic, hardware, or software program, network, Internet, or computer malfunctions, failures, delays or difficulties; errors in transmission; or prize deliveries attempted but not received. If you are disqualified, the Company is under no obligation to publish this fact on this site or anywhere else.
TERMS OF PARTICIPATION
In participating in the campaign, you agree that you:
- Are aged between 12 and 65 years old;
- Have explicit parental consent in writing if you are a child aged between 12 and 18 years old;
- Have regular headaches or migraines;
- Will use the Product as per the Recommended Usage Guide;
- Will commit to using the Product during the Trial Period;
- Will cease using the Product if you experience and adverse reaction, and that you will provide information about the adversity to the Company;
- Are responsible for limiting your use of the Product to purposes for which the Product was designed;
- Will complete a short survey every fortnight within the designated time frame;
- Will write and send us a 150-200 word written testimonial review of the product at the conclusion of the trial;
- Will not share or loan the product with another person who is not participating in the Sample Trial;
- Permit the Company to publish the videos and review that you provide during the Sample Trial Period;
- Will provide true, accurate, current, complete and non-misleading information;
- Will not disclose any unauthorised, false or fraudulent details;
- Will not post, transmit or otherwise disseminate any information or images on any social media site which is or may be inappropriate, harmful, vulgar, obscene, defamatory, harmful, tortuous, racist or otherwise illegal or offensive;
- Will not post, transmit or otherwise disseminate any materials that infringe the proprietary rights of any third party including intellectual property rights and rights of privacy.
- Are not employed by a competitor in the Health and Wellness or Pharmaceutical industries and do not otherwise have a conflict of interest with the Company;
- Will not use the information about the Product testing or the Product itself for any purpose other than performing this product testing for the Company;
- Acknowledge that the Company provides the Product to you on an “as is” basis and shall have no liability or obligation of any kind to you;
- The Company hereby reserves the right to terminate your participation in the Product trial at its discretion if it determines that your use of the Product has been improper;
- The Company is not obligated to provide any compensation in connection with your trial use of the Product in this test;
- Agree to the terms and conditions as outlined in this Agreement.
SUBMISSION OF MATERIAL
In accordance with the Privacy Act 1988 and the Privacy Amendment (Notifiable Data Breaches) Act 2017, the Company will always endeavour to protect the Participants from unauthorised access, disclosure or loss of personal information held by the Company.
The Company will protect the Participant’s identify unless the Participant gives the Company written permission.
The Company has supplied the Product to you on a confidential basis in order to test the functionality and overall experience of the Product under everyday conditions.
- Means any information disclosed to the Company by you which you designate as confidential or which the Company knows or ought to know is confidential;
- Includes the information in test results, test reports, opinions and related reports;
- Does not include information to the extent that the information is:
- independently developed or known by us (including because it is in the public domain); or
- independently known to a third party who contacts us about the information; or
- required to be disclosed by law.
The Company will not disclose confidential information without your prior written consent, except to our Directors, employees, contractors and agents for the purpose of this Trial Campaign.
PERMISSION TO PUBLISH
In participating in the Trial Campaign, you:
Hereby grant the Company your permission to use your feedback for the purposes of subsequent product development and product promotion. By providing feedback, you represent to the Company that such feedback reflects your good-faith opinion of the Product;
Agree to refrain from disclosing to any other person information disclosed to you by the Company for the purposes of testing the Product, without prior written permission from the Company.
Agree not to publish your views, comments or feedback on the Product during the Trial period on social media, online or in hard copy without the express permission from the Company;
Acknowledge that the personal reviews and survey answers that you provide may identify you as an individual and thereby give express permission for the information you provide to be published on the Company’s website, in emails and through any other media for promotion;
Acknowledge that you will not be remunerated by the Company for providing this information.