Terms and Conditions

‘QV BABY 7 DAY BARRIER CREAM CHALLENGE’ PROMOTION TERMS AND CONDITIONS

1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

2. The Promoter is Ego Pharmaceuticals Pty Ltd (ABN 86 005 142 361) of 21-31 Malcolm Road, Braeside, VIC 3195, Australia, telephone (03) 8766 4100.

3. Entry is only open to Australian residents aged 18 years or older.

4. 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 1 st cousin.

5. Entries into the promotion open on 22/02/21 and close at 11:59PM AEST on 21/08/21 (“Promotional Period”).

6. To be eligible to enter, individuals must purchase QV Baby Barrier Cream (50g OR 125g) from a Participating Store during the Promotional Period (“Qualifying Transaction”). A Participating Store is any store (including online) in Australia that stocks QV Baby Barrier Cream (each a “Participating Store”). In the event a purchase receipt is not automatically provided by a staff member, it is the individual’s responsibility to request one.

7. To enter, eligible individuals must complete the following steps during the Promotional Period:

  • visit www.qvskincare.com.au/challenge and follow the prompts to the promotion entry page;
  • input the requested details (including their full name, mobile number, email address, street address, state, postcode, answer the questions: (a) Is this your first time purchasing QV Baby Barrier Cream?; (b) Did you know you should be using a barrier cream to help protect against nappy rash?; (c) Did your baby develop any nappy rash during the 7 day period?; (d) Will you continue to use QV Baby Barrier Cream at every nappy change?; (e) Would you recommend QV Baby Barrier Cream to a friend?).
  • answer the promotional question “What do you most love about QV Baby Barrier Cream?” (in 25 words or less);
  • upload a copy of the purchase receipt for the Qualifying Transaction; and
  • submit the fully completed entry form during the Promotional Period.

8. Multiple entries permitted, subject to the following: (a) only one entry permitted per Qualifying Transaction (regardless of the number of QV Baby Barrier Cream products purchased in that transaction); and (b) each entry must be submitted separately and in accordance with entry requirements.

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) and reserves the right, in its sole discretion, to disqualify any individual 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. Errors and omissions may be accepted at the Promoter's discretion. 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. Entrants must retain a copy of their purchase receipt(s) for all entries as proof of purchase. Failure to produce the proof of purchase for all entries when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an entrant’s entries and forfeiture of any right to a prize. Purchase receipt(s) must clearly specify the store of purchase and that the purchase was made during the promotional period but prior to entry.

11. Incomplete, indecipherable, or illegible entries will be deemed invalid.

12. 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.

13. Each entry will be individually judged based on literary and creative merit of the answer provided to the promotional question. This component is a game of skill and chance plays no part in determining the winners. There will be one (1) round of judging for each month of the Promotional Period, for a total of six (6) rounds of judging in total (each a “Judging Round”).

14. Entries open and close for each Judging Round on the dates and times specified in the table below (all times stated in AEST). Non-winning entries in each Judging Round will be entered into any subsequent Judging Rounds. The winners of each Judging Round will be eligible to win a prize. The judging will commence for each Judging Round on the dates specified in the table below and will take place at 6 Oppenheim Way, Dandenong South VIC 3175 at 12PM AEST. The judges may draw additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant. Winners will be notified by email and telephone and their names will be published at www.qvskincare.com.au/challenge on the day the winner is judged.

15. The Promoter’s decision is final and no correspondence will be entered into.

16. The best valid entry for each Judging Round, as determined by the judges, will win each a QV prize pack valued at $1,268.52. The prize includes:

• 12x 500ml QV Baby Gentle Wash (RRP $18.51 each)

• 36x 125g QV Baby Barrier Cream (RRP $10.99 each)

• 24x 500g QV Baby Cream RRP ($21.62 each)

• 12x 200g QV Baby 2 in 1 Shampoo and Conditioner RRP ($10.99 each)

17. If for any reason the winner does not take a prize at the time stipulated by the Promoter, then the prize will be forfeited.

18. If any prizes (or part of any prize) are 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.

19. Total prize pool value is up to $7,611.12.

20. Prizes, or any unused portion of a prize, is not transferable or exchangeable and cannot be taken as cash unless otherwise specified.

21. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, question answers, recordings and images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:

  • They will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
  • Their Content shall not contain viruses or cause injury or harm to any person or entity;
  • They will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
  • They will obtain full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, and the Content does not infringe the rights of any third party;
  • They consent to any use of the Content which may otherwise infringe the Content creator’s moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights
  • They will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.

Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.

22. As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.

23. Entrants consent to the Promoter using their name, likeness, image, product review, 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.

24. 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 pandemic, 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.

25. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted on behalf of that entrant invalid.

26. 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, 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.

27. 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) use of or taking of any prize.

28. The Promoter collects personal information ("PI") in order to conduct 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. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.qvskincare.com.au/privacy-policy.html and 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. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter.