FreeStyle Libre AU Instagram Launch Sensor Giveaway Trade Promotion

Introduction

1. Information on how to enter this promotion and the prizes to be won forms part of these Terms and Conditions. By participating, entrants ("you") agree to be bound by these Terms and Conditions. Entries must comply with these Terms and Conditions to be valid.
2. Entry is only open to residents of Australia who are:
   a) aged eighteen (18) years or over with insulin-requiring diabetes; or
   b) purchasing FreeStyle Libre 2 products on the behalf of a person with insulin-requiring diabetes aged four (4) years or over.
3. Healthcare professionals, government employees, employees (including contractor staff) of the Promoter and their Immediate Families, and any of the Promoter's agencies, suppliers or contractors associated with this promotion and their Immediate Families, 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.) Organisations that supply diabetes products to customers are ineligible to enter.
4. The Promoter reserves the right, in its sole discretion, but shall not be under any obligation, to verify the validity of any Entry or any information provided by an entrant (including his or her identity, age, residential address and any other information relevant to entry into, or participation in, this promotion). If the Promoter, in its sole discretion, carries out any verification, its decision shall be final and you agree not to make any claim or complaint in relation to the same. The Promoter may, in its sole discretion, disqualify any individual who submits an Entry that in the sole opinion of the Promoter is not in accordance with these Terms and Conditions or who provides false information, fails to provide information, conspires with others to gain an unfair advantage or who is otherwise involved in manipulating, interfering or tampering in any way with this promotion. You agree and acknowledge that the Promoter shall not be obliged to explain or disclose its reasons for disqualification, and that all disqualification decisions made by the Promoter shall be final and not subject to challenge or inquiry. 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 are expressly and generally reserved
5. This promotion commences at 12.01am on 15 January 2024 and final entries close at 11.59pm on 15 February 2024 ("Promotional Period"). All times are AEDT, as applicable in New South Wales, Australia.
6. Entries must be received before the end of the Promotional Period. Entries are deemed to be made at the time of receipt by the Promoter, not the time of posting or transmission by you.  The Promoter accepts no responsibility for any entries not received for any reason (whether or not due to any negligence by the Promoter), including without limitation any technical errors, misdirection or misspellings.

How to Enter

7. To participate in the promotion, you must complete the following steps during this Promotional Period to submit an "Entry":
   (a) visit https://www.instagram.com.au/freestylelibreau; and
   (b) follow @freestylelibreau account; and
   (c) 'like' the Instagram post published on the @freestylelibreau account on 15 January 2024 announcing the giveaway (the "Giveaway Post"); and
   (d) tag a friend in the comment section of the Giveaway Post.
8. Any additional friend that is tagged in the comment section of the Giveaway Post will be considered an additional Entry. For example, tagging 3 friends in the comment section of the Giveaway Post will earn you 3 entries.
9. A maximum of 10 entries is permitted per person.
10. Incomplete Entries will be deemed invalid.

Prizes and Draw

11. There will be five (5) prizes each (a "Prize") to be won during the Promotional Period. The total prize pool value is AU$13,260.00.
12. Each Prize includes:
    (a) 2 coupon codes each valid to redeem 7 Sensors; and
    (b) 2 coupon codes each valid to redeem 6 Sensors.
13. The winners will receive one coupon code via email every 3 months over a 12 month period. Each coupon code will be valid for 3 months. To redeem the coupon code, the user must be registered and logged into their customer account at https://www.freestylelibre.com.au/. Each coupon code must be redeemed in full in a single transaction, and cannot be used in conjunction with any other Abbott promotion or offer, unless at Abbott’s discretion. The total RRP of each Prize is valued at AUD$2,652.00.
14. A draw will take place at 12.00pm on 19 February 2024 (the "Draw Date") at Abbott Diabetes Care, 666 Doncaster Road, Doncaster VIC 3108.
15. On the Draw Date, the winners will be randomly drawn from all entries received during the Promotion Period. The first 5 valid entries drawn will win a Prize, although an entrant cannot win more than one Prize.
16. The Promoter's decision is final and no correspondence will be entered into.
17. The winners will be notified in writing on the Draw Date. Winners must contact the Promoter within 14 calendar days of the day that the notification was issued by the Promoter, and follow the instructions set out in the notification. The winners must confirm whether they accept the Prize within 14 calendar days of being notified that they are a winner, or else they will be taken to have forfeited their right to the Prize.
18. The winners' names (first name and last name) and postcode will be published online at https://www.freestylelibre.com.au/instagram-giveaway within 30 days of the Draw Date and will remain published for a minimum of 28 days.
19. The Promotor will make all reasonable attempts to identify and contact the winners.
20. In the event that a Prize winner cannot be identified or contacted by 4.59pm on 19 April 2024, despite all reasonable attempts to do so by the Promoter, or a Prize is unclaimed by that time for any other reason whatsoever (including because a winner has forfeited his or her right to a Prize, a winner or the winning entry does not comply with these Terms and Conditions, or otherwise), the Promoter will conduct a second chance draw on 23 April 2024 ("Second Draw Date"), at the same time and location as the first draw in order to determine a second chance winner for a Prize in the same manner as the original prize draw (subject to any written directions from a regulatory authority).
21. Any second chance winner(s) will be notified in writing on the Second Draw Date. Second chance winners must contact the Promoter within 14 calendar days of the day that the notification was issued by the Promoter, and follow the instructions set out in the notification. The second chance winner(s) must confirm whether they accept the Prize within 14 calendar days working days of being notified that they are a second chance winner, or else they will be taken to have forfeited their right to the Prize.
22. The second chance winner(s)'s name(s) will be published online at https://www.freestylelibre.com.au/instagram-giveaway 30 days of the Second Draw Date, and will remain published for a minimum of 28 days.
23. The Promotor will make all reasonable attempts to identify and contact the second chance winner(s)
24. In the event that a second chance prize winner cannot be identified or contacted by 4.59pm on 23 June 2024 despite all reasonable attempts to do so by the Promoter, or a Prize (or part of the Prize) is unclaimed by that time for any other reason whatsoever (including because a second chance winner has forfeited his or her right to a Prize, the second chance winner or the second chance winning entry does not comply with these Terms and Conditions, or otherwise), the Promoter may dispose of the Prize (or that part of the Prize) as it sees fit (subject to any written directions from a regulatory authority).
25. Any ancillary costs associated with redeeming a voucher are not included. Any unused balance of a voucher will not be awarded as cash. Redemption of a voucher is subject to any terms and conditions of the issuer including those specified on the voucher.
26. Any costs associated with entering this promotion or claiming a Prize are the responsibility of the entrant and under no circumstances whatsoever may a claim be brought against the Promoter for any such costs (whether as damages, loss, expense or otherwise).
27. 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
28. A Prize cannot be resold (at a premium or otherwise) or advertised or offered for resale on the Internet or any other medium.
29. A Prize, or any unused portion of a Prize, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified. All taxes that may be payable as a consequence of receiving a Prize are the sole responsibility of the winner.

General

30. 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.
31. 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.
32. 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 2010 (Cth), 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.
33. 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) redemption/use of and/or participation in a prize.
34. To the extent permitted by law, the Promoter (including its officers, employees and agents) will not be responsible for any acts of God, acts of terrorism or war (declared or undeclared), state of emergency, disaster, technical failures, tampering, unauthorised intervention, fraud, computer viruses or other events beyond the control of the Promoter which affect the proper conduct or administration of this promotion, or prevent the awarding of a Prize in accordance with these Terms and Conditions. If such event occurs, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the promotion, subject to any written directions from a relevant regulatory authority.
35. As a condition of participating in the promotion, all entrants (whether or not a winner) will indemnify the Promoter, all organisers, sponsors and all other persons and organisations associated in any way with this promotion and its affiliates against all claims, damages, liabilities, costs and expenses (including costs on a solicitor-client basis) which the Promoter and its affiliates may incur arising out of their participation in the Promotion or (if applicable) the Prize, by the entrant, any breach of these Terms and Conditions, or any wrongful or illegal act or omission in the promotion and/or course of participating in the Prize, howsoever caused.
36. The Promoter collects personal information ("PI") in order to conduct its business and 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. Entry is conditional on providing this PI and if entrants do not provide their PI they will not be eligible to enter this promotion. Collection of PI about entrants may also be required under applicable trade promotion laws. The Promoter will otherwise collect, hold, use, disclose and handle PI as set out in its Privacy Policy, which can be viewed at https://www.freestylelibre.com.au/privacy-policy. 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, and by entering the promotion entrants give their express consent to the use of their PI for these purposes. The Promoter's Privacy Policy also contains information about how entrants may opt out of marketing communications, how entrants may access, update or correct their PI, how entrants may complain about a breach of the Australian privacy laws 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 the entrant’s personal information to any entity outside of Australia.
37. The laws of New South Wales, Australia apply to this promotion to the exclusion of any other law. You agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
38. The promoter is Abbott Australasia Pty Ltd (ABN 95 000 180 389) of 299 Lane Cove Road, Macquarie Park NSW 2113 ("Promoter").
    NSW Authority No. TP/02630
    ACT Permit No. TP 23/02631
    SA Permit No. T23/2018