“SO GOOD RECIPE BOOK – NEW ZEALAND” PROMOTION

TERMS AND CONDITIONS

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

2. The Promoter is New Zealand Health & Nutrition Association Limited trading as Sanitarium Health & Wellbeing Company (94 290 035 446 705) of 124 Pah Road, Royal Oak, Auckland, 1006. Phone number: 09 625 0700.

3. Entry is only open to New Zealand residents.

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 1st cousin.

5. The promotion commences on 5 November 2018 and closes at 2.00pm NZT on 3rd December 2018 (“Promotional Period”). Entries that are not received by the Promoter on or before the Closing Time will be ineligible.

6. To enter, individuals must, during the Promotional Period, visit the URL, www.sogood.co.nz/cookbook and fully complete and submit the online entry form subscribing to Recipe of the Week.

7. 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. 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. Winners (or if the winner is under 18 years of age, their parent or guardian on their behalf) must upon request supply suitable identification at the time that the Promoter delivers the prize.

8. Incomplete or indecipherable entries will be deemed invalid.

9. Limit on entries: Only one (1) entry permitted per person.

10. 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.

11. The draw will take place at Sanitarium Health & Wellbeing, 1 Sanitarium Drive, Berkeley Vale at 4:00pm NZT on Monday 19 November 2018. The winners will be notified by email within two (2) business days of the draw and will be published at the www.sogood.co.nz/winners on Tuesday 20 November 2018.

12. Draw Prize/s and how each is awarded: All valid entries will be entered into a random draw mechanic. The first 250 valid entries drawn will each win a hardback copy of the Recipe Book valued at $10.00 NZD per cookbook.

13. This is a game of chance. Skill plays no part in determining the winner. The Promoter will randomly draw the prize winners.

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

15. If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.

16. Subject to the unclaimed prize draw clause, if for any reason a winner does not take a/the prize by the time stipulated by the Promoter, then the prize will be forfeited.

17. Total prize pool value is $2,500 NZD.

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

19. A draw for the prize/any prizes if unclaimed may take place three (3) months after the draw date (19 November) at the same place as the original draw, subject to any directions from a regulatory authority. The winners of the unclaimed prize, if any, will be notified via email within two (2) business days of the relevant draw and will be published at the within 5 days of that draw on www.sogood.co.nz/winners

20. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, 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:

(a) 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;

(b) their Content shall not contain viruses or cause injury or harm to any person or entity;

(c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;

(d) the Content is the original artistic or literary work of the entrant that does not infringe the rights of any third party;

(e) they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and

(f) 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.

21. 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.

22. 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.

23. 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.

24. 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 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 the prize.

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 entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.

26. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities, and may also use and handle personal information as set out in it’s privacy policy. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries become the property of the Promoter. Visit http://www.sanitarium.co.nz/privacy for the Promoter’s privacy policy. Unless otherwise indicated by the Promoter, the Promoter may disclose personal information overseas, and it cannot guarantee that any overseas recipient will comply with the Australian Privacy Principles, and despite this, you consent for this to occur and agree not to hold the Promoter liable in this regard.

Your Privacy

New Zealand Health Association Limited (Sanitarium) is concerned about protecting your privacy and is committed to honouring the privacy of its visitors to the website and to meeting its obligations under the Privacy Act 1993. This policy sets out how we handle information we receive from you, including clickstream data, cookies and email addresses.

You have the right to access and request correction of any personal information concerning you, pursuant to the Privacy Act 1993.

Personal information is held at Sanitarium, 124 Pah Road, Royal Oak, Auckland, New Zealand.

Clickstream Data

Clickstreams are the paths a user takes when navigating a web page or the internet in general.

When you visit our website, our Internet Service Provider makes a record of your visit and logs the following information for statistical purposes the users server address, the users top level domain name (for example .com, .gov, .nz, .uk etc), the data and time of visit to the site, and the type of browser used.

Cookies

A cookie is a short piece of data that is sent from a web server to a web browser on the users machine when the browser visits the servers site. The cookie is stored on the users machine, but it is not an executable program and cannot do anything to your machine.

Whenever a web browser requests a file from the same web server that sent the cookie, the browser sends a copy of that cookie back to the server along with the request. In this way, the server knows you have visited before and can co-ordinate your access to different pages on its website. A server cannot find out a name or email address, or anything about a users computer, by using cookies.

Email Addresses and other Information

We will only record your email address if you send us a message. It will only be used for the purpose for which you have provided it. We will not use your email address or any personal information your email contains for any other purpose without your consent. We will not disclose your email address without your consent. Please acquaint yourself with our Terms of Use. Use of this website is deemed acceptance of our Terms of Use.