Terms & Conditions

1. Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. The Promoter is Nice-Pak Products Pty Ltd (ABN 71 051 956 346), 120 Woodlands Drive, Braeside, VIC, 3195. Telephone: 03 8586 0500 (“Promoter“).
3. Entry is only open to Australian residents aged 18 years or over (“Eligible Entrants”).
4. Employees (and their immediate families) of the Promoter, participating retailers 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
5. Entries into the promotion open on 01/04/2022 and close at 11:59pm AEST on 31/05/2022 (“Promotional Period”).
6. To be eligible to enter, Eligible Entrants must then undertake either of the following steps during the Promotional Period:

Instagram/Facebook Entry

• • Upload a post to the entrant’s own Instagram Account or Facebook Page sharing a story of an extraordinary or everyday act of kindness that the entrant either gave, received, or witnessed along with the hashtag #sudocremactsofkindness.

Online Entry

• • visit https://www.sudocrem.com.au/acts-of-kindness/;
  • follow the prompts to the promotion entry page and input the requested details (including full name, email address and phone number).
  • when prompted input a story of an extraordinary or everyday act of kindness that the entrant either gave, received, or witnessed agree to these Terms and Conditions and the Promoter’s privacy policy; and
  • submit the fully completed entry form.

7. Multiple entries permitted, subject to the following: (a) each entry must be substantially unique; and (b) each entry must be submitted separately and in accordance with entry requirements.
8. 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.
9. Incomplete or illegible entries will be deemed invalid.
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 Loyalty Marketing, Unit 8, 8 Trawalla Avenue, Toorak, VIC 3142 on 07/06/2022 at 10:00am AEST The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The winner will be notified in writing within seven (7) business days. The winner’s name will be published online at https://www.sudocrem.com.au/acts-of-kindness/on 10/06/2022.
12. The Promoter’s decision is final and no correspondence will be entered into.
13. The first valid entry drawn will win $5,000 awarded in the form of electronic funds transfer into the winner’s nominated account as well as $5,000 to the winner’s nominated registered charity. The Promoter will liaise with the winner to facilitate the donation to the winner’s chosen charity.
14. Cash prize will be awarded in the form of a cheque or electronic funds transfer into the winner’s nominated account.
15. Subject to the unclaimed prize draw clause, if for any reason the winner does not take the prize (or an element of the prize) aby the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
16. Total prize pool value is $10,000. The prize, or any unused portion of the prize, is not transferable or exchangeable.
17. A draw for the prize, if unclaimed, may take place on 07/07/2022 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner will be notified in writing within seven (7) business days. The winner’s name will be published online at https://www.sudocrem.com.au/acts-of-kindness/au on 11/07/2022.
18. 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:

• • 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;
  • the Content is the original literary work of the entrant that 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/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
  • 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.

19. 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.
20. 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.
21. 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.
22. 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.
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 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) taking of the prize.
25. As a condition of accepting the prize, the winner must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
26. 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.nicepak.com/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. 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. The Promoter will not disclose PI to any entity outside of Australia.
27. Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at facebook.com/terms.php OR the Instagram Rules, which can be found at http://instagram.com/about/legal/terms
28. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook OR Instagram. Entrants understand that they are providing their information to the Promoter and not to Facebook OR Instagram. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook OR Instagram. Facebook OR Instagram will not be liable for any loss or damage or personal injury which is suffered or sustained  by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.

ACT Permit No. TP22 SA Permit No. T22