Swim Pants Promotion Terms and Conditions

PROVISIONAL WINNERS

• Winner 1-
  • Jasmine C
  • State- South Australia 
• Winner 2-
  • Lyn C 
  • State- Queensland 
• Winner 3
  • Janella D
  • State- Western Australia 
• Winner 4
  • Domenica L
  • State Western Australia 
• Winner 5
  • Sandra G 
  • State- South Australia 
• Winner 6
  • Jennifer H 
  • State- Western Australia 

PARTICIPATION

1. Information on how to enter the “BabyLove Independents promotion” (Promotion) and the prizes form part of these Terms and Conditions. By participating, entrants agree to be bound by these Terms and Conditions.

2. The promoter is Unicharm Australasia Pty Ltd (ABN 33 006 884 546), of 1 Hargrave Place, Mentone, VIC, 3194 (Promoter).

ELIGIBILITY

3. The Promotion is only open to individuals:

a. who are Australian residents aged 18 years or over; and

b. are not directors, management, or employees (and their immediate family members) of the Promoter, Participating Independent Retailers (as defined below) or the Promoter’s agencies involved in the conduct of the Promotion. “Immediate family members” 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.

4. “Participating Independent Retailers” means any of the following: Amazon, Big W, IGA, Ritchies IGA, Foodland, FoodWorks, Chemist Warehouse Pharmacy and independent retailers and pharmacies.

PROMOTIONAL PERIOD

6. The Promotions commences at 12.01 am AEDT on 20 November 2023 and closes at 11.59 pm AEDT on 28 January 2024 (Promotional Period). All times referenced throughout these Terms and Conditions will be Melbourne local time, which will be either AEST or AEDT.

HOW TO ENTER

7. To enter, the eligible individual must, during the Promotional Period:

a. purchase any pack of  Small (6-12kg), Medium (9-14kg) or Large (12-22kg) BabyLove Swim Pants or BabyLove Wipes in a single transaction during the Promotional Period (Eligible Purchase); and

b. visit https://babyloveswimpantspromotion.com.au/  (Website), follow the prompts to the entry page and fill out and submit the online entry form, including by uploading an image of their Eligible Purchase receipt with all other requested details.

8. The Eligible Purchase receipt must clearly identify where the Eligible Purchase was made, the product/s purchased (which must be/comprise an Eligible Purchase) and the date of purchase (which must be during the Promotional Period before the entry submission).

9. The Promoter is not responsible if the entrants mobile device/desktop is not sufficiently capable for the purpose of submitting an entry, including having the requisite photograph capability.

10. Entrants can enter multiple times with a limit of one entry per Eligible Purchase. Entrants must retain a copy of their original receipt recording their Eligible Purchase for each entry submitted. If an entrant does not produce the above proof of purchase for all entries when asked the Promoter may disqualify all of their entries and the entrant will lose any right to a prize.  Proof of purchase must be identical to that provided by the entrant with their entry.  If, in the Promoter’s opinion, the entrant has shared any proof of purchase with another person, their entries will be invalid and they will lose any right to a prize.

11. Entries are recorded based on the time when the entry is received in the promotional database and not at the time entry is transmitted by the entrant.

DRAW AND PRIZES

12. There will be 6 winners determined in respect of this promotion – 5 minor winners and 1 major winner.

13. There will be 1 draw conducted. The draw will take place at Gadens Lawyers, L13 447 Collins Street, Melbourne, VIC 3121at 12pm (AEDT) on 7 February 2024. The first valid entry drawn randomlyfrom the entries received during the Promotional Period will win the major prize.  The next 5 valid entries randomly drawn will each win a minor prize.

14. The Promoter reserves the right to draw additional reserve entries and record them in order of selection, and use them if the original individual or entry selected is deemed ineligible or invalid for the purpose of this Promotion (Reserve Entrants).

15. Winners will be notified by email within 7 days of determination and will have their name and state/territory of residence/postcode published on the Website on 14 February 2024 for a period of 28 days.

16. The major prize is a trip to the Gold Coast, QLD valued at up to $6,400, depending upon the date and winner’s point of departure which includes the following:

a. Return economy airfares for the winner and 3 companions from the winner’s nearest Australian Capital City to the Gold Coast, QLD;

b. All airport and airline taxes;

c. Return private transfers from Gold Coast Airport to the accommodation;

d. 4 nights’ 4 star accommodation in Gold Coast city centre 2 Double Beds Superior (as determined by the Promoter);

e. Village Roadshow Super Pass plus Paradise Country Ticket which includes:

• 7 Consecutive Days & unlimited entry;
• Entry to Warner Bros. Movie World, Sea World, Wet’n’Wild and Paradise Country; and
• Free Virtual Queue for Warner Bros. Movie World and Sea World.

17. Flights and transfers are not included if you live in Queensland, and if so, the winner and their companion/s must make their own way to and from the accommodation at their own cost).

18. The major prize is subject to any applicable law or guidelines including in relation to a pandemic, any travel/government restrictions/directives, border closures, health advice and the like.

19. By accepting or participating in the major prize, the major prize winner and their companion/s accept these Terms and Conditions. 

20. The major prize is subject to availability at all times and may be dependent on seat class availability with airlines or specific room category availability with an accommodation partner. The major prize is valid for 12 months from date when the winner is drawn. Block out periods include all Australian school & public holidays along with all other special event periods. All bookings must be made a minimum of 60 days in advance of requested departure dates. All bookings and documentation regarding the prize must be made via Free-2-Travel Holidays Pty Ltd (ACN 101 233 569) or their agents. Redeeming the prize is conditional on acceptance of the terms and conditions of travel as detailed by Free-2-Travel Holidays Pty Ltd and the airline carriers in accordance with normal travel practices.  Accommodation and all Village Roadshow Super Pass tickets are subject to standard terms and conditions. The winner may be required to submit their credit card at check-in.  No portion of the prize is redeemable for cash. The prize is not exchangeable or transferable. The winner is responsible for any amendments fees issued by airlines or suppliers once the booking is confirmed and ticketed.  The winner is responsible for any additional taxes and/or resort fees associated with the chosen accommodation, unless otherwise stated. Any additional spending money, meals (other than those included) and any other ancillary costs, including but not limited to insurance and any applicable insurance excesses, not listed in the travel prize package descriptions above are the responsibility of the travel prize winner and his/her nominated travelling companions as incurred. It is the winner’s responsibility to organise transport to/from the airport departure/return point. The prize winner and travel companions must have valid travel insurance for their period of travel. The major prize is subject to any additional terms and conditions imposed by the relevant supplier or the Promoter, including, as relevant:

a. conditions of travel and conditions of entry into any event venues (including behaviour requirements and applicable dress codes);

b. conditions of ticket validity and any restrictions on ticket on-sale or transfer; and

c. a requirement that any person taking the prize that is aged under 18 years old must be accompanied by their parent or guardian at all times.

21. If the major prize winner cannot travel in accordance with these Terms and Conditions, their prize will be forfeited. If, for any reason, the relevant winner does not take an element of the prize during the stated period, and on the conditions stipulated by the Promoter or any third parties, then that element of the prize will be forfeited, and cash will not be awarded in lieu of that element of the prize.

22. To the fullest extent permitted by law, the Promoter shall not be responsible for and cannot be held liable for any element of the prize which is cancelled or delayed, or where the location is changed, or any other occurrence that is out of the reasonable control of the Promoter, or service providers. 

23. Any failure by the winner or (if applicable) their companion/s to comply with the conditions imposed by the prize supplier(s) may result in the prize being cancelled or withdrawn without liability for the Promoter or the prize supplier(s).

24. The major prize winner and (if applicable) their companion/saccept that some aspects of the prize may be inherently risky and that the prize may involve dangerous activities.

25. If specified, in order to participate in the activity/activities awarded as part of the prize, the major prize winner/their companion/s must comply with any applicable conditions (e.g. height, weight, health and fitness requirements). The major prize winner must ensure that they/their companion/s are healthy and fit enough to take the prize.  The winner/their companion/s must follow all requirements of the people responsible for managing the relevant activity/ies. 

26. Minor prize winners will each win a 3 month’s supply of BabyLove nappies. A 3 month’s supply of BabyLove nappies is defined as approximately 540 nappies (at an average of 6 nappies per day). The exact amount will vary slightly based on chosen nappy size & range. Total approximate Retail Value (“ARV”) is $342. The minor prize winners will be able to select the range and size from BabyLove’s products of their choosing. Ranges include:

• Cosifit
  • Newborn (up to 5kg)
  • Infant (3-8kg)
  • Crawler (6-11kg)
  • Toddler (9-14kg)
  • Walker (12-17kg)
  • Junior (15-25kg)
• Nappy Pants
  • Wriggler (7-11kg)
  • Toddler (9-14kg)
  • Walker (12-17kg)
  • Junior (15-25kg)
• SleepyNights
  • SleepyNights 2-4yrs (12-18kg)
  • SleepyNights 4-7yrs (18-35kg)

GENERAL

27. The minor prize pool is approximately $1,710. The major prize pool is $6,400. The total prize pool value is up to $8,110 (approximately).

28. Prize claim date: 11.30am (AEST) on 12 April 2024.

29. Unclaimed prize determination. A draw for any unclaimed prizes will take place at the same time and place as the original draw on 12 April 2024. If a prize has not been accepted or claimed by the prize claim date above or if, after making all reasonable attempts, the Promoter can’t contact a winner (or a winner does not contact the Promoter) by the prize claim date above, the relevant entry/ies will be discarded and the Promoter will re-award the relevant prize/s to Reserve Entrant/s and/or carry out an unclaimed prize draw at the date, time and place stated above to randomly distribute the prize/s in descending order of value amongst valid entrants.

30. Any such winners, will be notified by email within 7 days of determination and will also have their name and state/territory of residence/postcode published on the Website on 19 April 2024.

31. If any prize remains un-won at the end of this promotion, or if a prize winner cannot be found, that information will be published on the Website on 12 May 2024.

32. By entering, the winner requests that their full address not be published.

33. Entrants can only enter in their own name and not on behalf of another entrant. 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 entrant whom 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 the fair and proper conduct of the Promotion (including but not limited to manipulating the system via bots, script use, or any other means to circumvent the entry process), act in a disruptive, annoying, threatening, abusive or harassing manner; do anything that may diminish the good name or reputation of the Promoter or any of its related entities or of the agencies or companies associated with this competition; breach any law; orbehave in a way that is otherwise inappropriate. 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.

34. The Promoter is not liable for entries, prize claims or correspondence that are misplaced, misdirected, delayed, lost, incomplete, illegible or incorrectly submitted including failure of any third parties to forward entry forms for inclusion in the draw, where relevant.

35. Entries must be received during the Promotion Period.  If an entrant returns an Eligible Purchase their entry may be deemed invalid at the Promoter’s discretion (unless the product is defective).  Entrants will receive a return message on-screenconfirming their entry.  The Promoter is not liable for any problems with communications networks.  Entrants using automatically generated entries or multiple phone numbers/email addresses/addresses/aliases, may be disqualified. 

36. If any dispute arises between the winner and the Promoter concerning the conduct of this competition or claiming a prize, the Promoter will take reasonable steps to consider your point of view, taking into account any facts or evidence you put forward, and to respond to it fairly within a reasonable time.  In all other respects, the Promoter’s decision in connection with all aspects of this competition is final.

37. The Promoter is not responsible for any dispute between a winner and any person with whom the winner chooses to, or chooses not to, share the prize.

38. Prizes, including any unused portion, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified. The prize values are correct as at the date of preparing these Terms and Conditions and include any applicable GST.  The Promoter is not responsible for any change in prize value.

39. Where relevant, the Promoter accepts no responsibility if one or more of the events or activities awarded as part of the major prize are abandoned, called off or postponed for any reason.  In that case the major prize winner/their companion/s forfeit their entitlement to that event/activity.  If a prize (or an element of a prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that element of the prize) with another prize of equal value and/or specification, subject to any direction from a regulatory authority.

40. If for any reason a winner does not use, redeem, or take a prize (or an element of a prize) in accordance with the instructions or at the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited, and will not be redeemable for cash.

41. Winners agree to participate or appear in, upon request, to a reasonable amount of promotional activities/materials (such as an interview), as determined by the Promoter in its reasonable discretion, during, before or after the course of the prize, and consent to the Promoter using these materials (or edited version of the same) and their name, likeness, image, entry and/or voice (including photograph, film and/or recording of the same), in any media, for a maximum period of 1 year post promotion and without remuneration, for  promotional, marketing or publicity purposes, in any media, without compensation.

42. The major prize winner is responsible for their companion/s and the Promoter may disqualify all entries from, and prohibit further participation in this competition by, them orany or all oftheir companion/s ifthey breach these conditions, whether or not legally bound by them.

43. If the major prize winner (or their companion/s, if applicable), in the opinion of the Promoter (and/or a medical professional, as relevant to the circumstances), are intoxicated, under the influence of alcohol or any other drug, behave aggressively or offensively, or behave in a manner which may diminish the good name or reputation of the Promoter or any of its related entities or the agencies or companies associated with this competition, is contrary to law or is otherwise inappropriate, the Promoter may cancel the prize or restrict them (and their companion/s) from participating in any elements of the prize, at its discretion.

44. 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, fraud, acts of god, strikes, changes to government laws and policies, such as the imposition of requirements relating to epidemics or pandemics), the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law and subject to any directions from a regulatory authority to modify, suspend, terminate or cancel the Promotion, and adjust the Terms and Conditions accordingly, as appropriate.

45. Any cost associated with entering the Promotion is the entrant’s responsibility and is dependent on the Internet service provider used.

46. The Promoter is not responsible for any tax implications arising from an entrant winning a prize.  Entrants should seek independent financial advice.  If for GST purposes this competition results in any supply being made for non-monetary consideration, entrants must 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.

47. 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 similar consumer protection laws in the States and Territories of Australia, where it is legally unacceptable to do so (Non-Excludable Guarantees). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and Participating Retailers (including their respective officers, employees and agents) exclude all liability (including in negligence), for any personal injury (including allergies, skin conditions or other reactions, as relevant); or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion.

48. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and Participating Retailers (including their respective officers, employees and agents) are not responsible for and exclude all liability (including in 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, subject to approval by a regulatory authority; (e) any tax liability incurred by a winner or entrant; or (f) use, or redemption of a prize.

49. It is a condition of accepting the major prize that the winner (and any companions, or the parent or legal guardian if the companion is under 18) may be required to sign a legal release and indemnity in a form determined by the Promoter. If the major prize winner does not sign, their entry will be deemed invalid and they will lose any entitlement to the major prize.

50. This competition is in no way sponsored, endorsed or administered by, or associated with any social media platform, including Facebook, Instagram and Twitter.  Entrants provide their information to the Promoter and not to any social media platform.  Entrants completely release any relevant social media platforms from any and all liability.

51. The Promoter may collect personal information in order to conduct the Promotion and may, for this purpose, disclose such personal information 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 individuals providing their personal information. The Promoter will collect, store, use and disclose personal information as set out in its privacy policy, which can be viewed athttps://babylovenappies.com.au/privacy/.  The Promoter may use the personal information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning individuals. The Promoter’s Privacy Policy also contains information about how individuals may opt out, access, update or correct their personal information, how individuals may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. The Promoter will not disclose personal information overseas. All entries and prize claims become the property of the Promoter. 

Authorised under: SA Licence. No. T23/1346. ACT Permit No. TP 23/01761.

Abridged conditions

AU residents 18+ only. Between 12.01am (AEDT) 20/11/23 & 11.59pm (AEDT) 28/1/24, buy any pack of Sml (6-12kg), Med (9-14kg) or Lrg (12-22kg)  BabyLove Swim Pants or BabyLove Wipes from a participating retailer, visit https://babyloveswimpantspromotion.com.au/  & fill out entry form incl. receipt upload to enter. Max 1 entry per itemised receipt. Keep original itemised receipt/s. Draw: 12pm (AEDT) 7/2/24 L13 447 Collins St. Melb. VIC 3000 Major prize: Trip for 4 to Gold Coast, QLD for 4 nights & Village Road Show Super Pass (valued at up to $6,400. 5 minor prizes: 3 month’s supply of BabyLove Nappies (approx. $342ea) See website on 14/2/23 for winners. Entrants will get future marketing from Promoter. See website for full conditions incl. privacy statement.  Unicharm Australasia Pty Ltd (ABN 33 006 884 546), of 1 Hargrave Pl, Mentone, VIC, 3194. Authorised under: SA Permit. No. T23/1346. ACT Permit No. TP 23/01761.