TERMS AND CONDITIONS

  1. Instructions on how to claim and the Reward (as defined below) form part of these Terms and Conditions. Participation in this promotion (the Promotion) is deemed acceptance of these Terms and Conditions. Offer not valid in conjunction with any other offer.
  2. Entry in the Promotion is only open to Australian residents aged 18 years or older, excluding:
    1. management, employees, directors, contractors and subcontractors of the Promoter, the Promoter's related entities, the Chemist Warehouse stores participating in the Promotion (Participating CW Outlets) and other agencies, firms or companies associated with the Promotion;
    2. a spouse, de-facto spouse, parent, guardian, child or sibling of a person referred to in clause 2(a);
    3. persons who have breached the terms and conditions of any promotion run by or on behalf of the Promoter,
    (Eligible Claimant). The persons referred to in clause 2(b) includes natural and non-natural relations (in the opinion of the Promoter) and the Promoter is responsible for determining whether a person is an Eligible Claimant in its absolute discretion.
  3. Promotion commences on 22/06/2018 and ends at 11:59pm AEST on 03/08/2018 (Offer Period).
  4. To be eligible to claim, Eligible Claimants must purchase any FESS product in-store, from any Participating CW Outlets within Australia during the Offer Period and retain their purchase receipt (Qualifying Transaction). For the purposes of the Promotion, Participating CW Outlets are any Chemist Warehouse stores that display advertising for the Promotion. The Promotion is not valid for and does not apply to purchases made online.
  5. Only one (1) claim is permitted per household.
  6. To claim, Eligible Claimants must then undertake the following steps during the Offer Period:
    1. Visit www.fess.com.au/CWHcashback
    2. Follow the prompts to the claim form;
    3. Input the requested details including their full name, age, telephone contact number, email address and residential address;
    4. Upload a copy of their purchase receipt clearly showing their Qualifying Transaction, including:
      1. the location of the Participating CW Outlet; and
      2. the date of the purchase; and
      3. the FESS product purchased;
    5. Indicate their acceptance of these Terms and Conditions;
    6. Submit the fully completed online claim form.
  7. Claims are deemed to be received at the time of receipt into the Promotion database, not at the time of transmission by the Eligible Claimant.
  8. The Promoter reserves the right, at any time, to verify the validity of claims and Eligible Claimant's personal information (including an Eligible Claimant's  identity, age, place of residence, email address and telephone contact number) and reserves the right, in its sole discretion, to disqualify any Eligible Claimant who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the claim 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.
  9. Incomplete, indecipherable or illegible claims will be deemed invalid.
  10. Eligible Claimants must retain their original purchase receipt as proof of purchase. Failure to produce the proof of purchase if or when requested (at the sole discretion of the Promoter) may, in the absolute discretion of the Promoter, result in invalidation of the Eligible Claimant's claim and forfeiture of any right to the Reward. Purchase receipt must clearly specify the Participating CW Outlet and that the purchase was made during the Offer Period.
  11. If the items and/or details requested by the Promoter in clauses 6 and/or 10 are not received or an Eligible Claimant has not been verified to the satisfaction of the Promoter within the time period required by the Promoter, the entry(s) submitted by the Eligible Claimant will be deemed invalid.
  12. If there is a dispute as to the identity of an Eligible Claimant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Eligible Claimant.
  13. The Promoter's decision is final and no correspondence will be entered into.  In the unlikely event of correspondence being entered into, these Terms and Conditions will prevail.
  14. Every valid claim received will be awarded a $5 cash back, in the form of a cheque (Reward). The Reward will be posted to the address stated in the Eligible Claimant's claim form within six (6) weeks of receipt by the Promoter, provided that the eligible claim is legible and can be verified. The Eligible Claimant must deposit cheques within the time specified by the Promoter. Once any cheque has left the premises of the Promoter (or the Promoter's agencies and companies associated with the promotion), to the maximum extent permitted by law, the Promoter and its agencies and companies will not be responsible for any delay in delivery, loss or damage to the cheque.
  15. If for any reason an Eligible Claimant does not redeem the Reward by the time stipulated by the Promoter, then the Reward will be forfeited.
  16. Rewards, or any unused portion of a Reward, are not transferable or exchangeable.
  17. Any ancillary costs associated with redeeming a Reward are not included.  The Promoter accepts no responsibility for any tax implications that may arise in relation to the Reward.
  18. All information Eligible Claimants provide (Personal Information) will be used by the Promoter for the purpose of administering the Promotion and contacting and verifying Eligible Claimants.  Details from entries will be collected and used for the purpose of conducting the Promotion (which may include disclosure to third parties, contractors and agents, including local lottery authorities, for the purpose of processing and conducting the Promotion) and for promotional purposes surrounding the Promotion.  By entering the Promotion Eligible Claimants consent to the use of their Personal Information as described and agree that the Promoter may use this information, or disclose it to other organisations that may use it, in any media for future promotional, marketing and publicity purposes without any further reference or payment to the Eligible Claimant. Entry into the Promotion is conditional upon provision of the requested Personal Information.  
  19. If, for any reason, the Promotion is not capable of being run as planned, including (but not limited to) due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the promotion, the Promoter reserves the right in its absolute discretion to take any action that may be available to it, subject to State and Territory regulations, including cancelling, terminating, modifying or suspending the Promotion, or disqualifying an Eligible Claimant.
  20. The:
    1. Promoter, the Promoter's related entities, the Participating CW Outlets, and all agencies associated with the promotion; and
    2. employees, agents, directors and contractors, of all entities referred to in clause  20(a), (to the maximum extent permitted by law) shall not be liable for any loss or claim, action, demand, liability, damage, cost, expense or personal injury whatsoever including but not limited to any direct or indirect loss, costs, damages or expenses, including consequential loss, costs, damages or expenses, incurred, suffered or sustained by any person or entity (without limitation) in connection with, or arising from, the Promotion or the acceptance or use of the Reward.
  21. The Promoter will use and handle Personal Information as set out in its Privacy Policy, which can be viewed at www.FESS.com.au/privacy-policy/. The Privacy Policy details how a privacy complaint can be made.  The Privacy Policy also contains information about how Eligible Claimants may opt out, access, update or correct their Personal Information and how complaints will be dealt with. 
  22. The Promoter will not disclose Eligible Claimant's personal information to any entity outside of Australia.
  23. All entries become the property of the Promoter.
  24. An Eligible Claimant is responsible for ensuring his or her familiarity with these Terms and Conditions.   
  25. Any costs associated with accessing the promotion website are the Eligible Claimant's sole responsibility and are solely dependent on the internet service provider used.
  26. The Promoter is not responsible for technical difficulties with the entry mechanism, including website malfunctions or glitches, and does not warrant that the entry mechanism will be available at all times.
  27. The Reward cannot be taken as cash. The Reward must be taken as offered and may not be varied.
  28. The Promoter shall not be liable for the Reward being lost, stolen, damaged or tampered with in any way before it reaches the Eligible Claimant or after it has been released to the Eligible Claimant.
  29. Any Eligible Claimant who, in the opinion of the Promoter, tampers or interferes with the Promotion in any way, engages in any unlawful or improper conduct which jeopardises or is likely to jeopardise the fair or proper conduct of the Promotion, or who does not properly comply with the entry process, will be ineligible to participate in the Promotion or receive the Reward.
  30. Eligible Claimants must, at the Promoter's request, participate in any promotion activity (such as publicity and photography) relating to the wining of the Reward, free of charge, and they consent to the Promoter using their name and image in any future promotional material in any media for an unlimited period of time for the purpose of promoting the Promotion and/or promoting any products manufactured, distributed or supplied by the Promoter.
  31. As a condition of entering the Promotion, each Eligible Claimant 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 (including 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.
  32. Any attempt to deliberately undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law.
  33. Should an Eligible Claimant's Personal Information change during the Promotion Period, it is the Eligible Claimant's responsibility to notify the Promoter by contacting the Promoter online at www.fess.com.au/contact-us/
  34. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees provided in the Competition and Consumer Act 2010 (Cth) (Non-Excludable Guarantees).
  35. Eligible Claimants acknowledge that the Promoter can rely on these Terms and Conditions even if the Promoter only learns of a person's ineligibility after the Promoter has awarded the Reward to the ineligible person.  Repayment of the Reward to the Promoter may be required by the Promoter. 
  36. These Terms and Conditions are governed by the laws of New South Wales, and the parties submit their disputes to the non-exclusive jurisdiction of the courts of New South Wales and any court hearing appeals from those courts.
  37. The Promoter is Care Pharmaceuticals Pty Limited (ABN 30 009 200 604) of 75 Grafton Street, Bondi Junction NSW 2022. (to the maximum extent permitted by law)
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*IRI Nasal Saline Pharmacy MAT 15/04/2018.
See Terms & Conditions for information on how to claim and for full terms and conditions.
Always read the label. Use only as directed. If symptoms persist, see your healthcare professional.