OPRAH DIGITAL MEMBERS / E-SHOP PROMOTION – GAME OF CHANCE

TERM AND CONDITIONS

  1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  2. The promoter (“Promoter”) is Fortuity Pty. Ltd. trading as WW (ABN 55 007 148 683) of, Level 6, 1-3 Smail Street, Ultimo, NSW, 2007, telephone 02 9928 1300 (in Australia) and PO Box 25604 Featherston Street Wellington 6146, telephone, (09) 374 4311 (in New Zealand).
  3. Entry is only open to residents of Australia and New Zealand aged 18 years who are existing Digital WW members and who can take the prize and travel to Los Angeles, if drawn as a winner. Personal coaching and/or phone coaching members are not eligible to enter this promotion.
  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. Promotion commences on 01/01/2020 and ends at 11:59pm AEST on 31/01/2020 (“Promotional Period”).
  6. To be eligible to enter, Digital WW members must during the Promotional Period make a purchase of any amount online at the WW E-Shop https://shop.weightwatchers.com.au/.  One automatic entry will be awarded for every transaction made during the Promotional Period, regardless of the amount spent or the number of WW products purchased, in that transaction.
  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 WW member 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.
  8. 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.
  9. The draw will take place at Anisimoff Legal Suite 5, Erina Plaza, 210 Central Coast Highway, Erina NSW 2250 on 03/02/2020 at 10:30am AEDST. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The winners will be notified in writing by email and telephone within two (2) business days of the draw and their name will be published online at https://www.weightwatchers.com/au/oprah-vision-tour (AU) and https://www.weightwatchers.com/nz/oprah-vision-tour (NZ) on 04/02/2020.
  10. The first two (2) valid entries drawn will each win a ticket for themselves to attend the Oprah ‘Your Life In Focus Tour’ show in Los Angeles, USA on 29/02/2020 valued at up to AUD$3,947 depending on point of departure. The prize includes:
     

    ● Return economy airfares for the winner, from their nearest capital city (if winner resides in Australia) or from the nearest of Christchurch, Auckland or Wellington  (if winner resides in New Zealand) to Los Angeles, USA;
    ● Three (3) nights single share minimum 4 star accommodation in Los Angeles, USA;
    ● Return airport to hotel transfers;
    ● One (1) ticket to the Oprah ‘Your Life In Focus Tour’ held at The Forum in Los Angeles, CA on 29/02/2020, including return hotel to event transfers; and AUD$300 spending money.

    Additional spending money, meals, taxes (excluding airline and airport taxes), insurance, passports, visas, vaccinations, transport to and from departure point, transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. Prize must be taken to coincide with the Oprah ‘Your Life In Focus Tour’ Los Angeles, CA on 29/02/2020 and is subject to booking and availability. Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. Winners may be required to present their credit card at time of accommodation check in.

  11. The Oprah ‘Your Life In Focus Tour’ ticket element of the prize is subject to the event venue and ticket terms and conditions. The Promoter and event organisers hereby expressly reserve the right to eject any winner for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.
  12. The Promoter’s decision is final and no correspondence will be entered into.
  13. Subject to the unclaimed prize draw clause, if for any reason a winner does not take the prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
  14. If a prize (or part of the 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.
  15. Total prize pool value is up to AUD$7,894.00.
  16. Prizes, or any unused portion of a prize, is not transferable or exchangeable and cannot be taken as cash.
  17. A draw for a prize if unclaimed may take place on 12/02/2020 at the same time and place as the original draws, subject to any directions from a regulatory authority. Winners (if any), will be notified in writing by email and telephone within two (2) business days of the draw and their names will be published online at https://www.weightwatchers.com/au/oprah-vision-tour (AU) https://www.weightwatchers.com/nz/oprah-vision-tour (NZ) on 17/02/2020.
  18. 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.
  19. 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.
  20. 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 or any statutory consumer guarantees as provided under consumer protection laws in New Zealand (“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.
  21. 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) if the appearance of Oprah or the ‘Your Life In Focus’ Tour event is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) taking/use of and/or participation in a prize.
  22. As a condition of accepting a prize the prize 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.
  23. 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 and prize suppliers. 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.weightwatchers.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. 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 Australian entrant’s PI to any entity outside of Australia.

NSW Permit No. LTPS/19/40961. ACT Permit No. TP19/04910. SA Permit No. T19/2141