Competition General Terms
& Conditions

GENERAL TERMS AND CONDITIONS FOR ONLINE GIVEAWAY PROMOTION

The promotion is run by Emsee Health Pty Ltd ACN 123 859 861 (Emsee).  

You can contact Emsee using the information given on the Emsee page, social media post or email where you originally saw the promotion (Promotion Page). You can also email reply@emsee.co.  

These terms govern our conduct of, and your participation in, the online giveaway promotion described on the Promotion Page (Promotion). These terms should be read together with the Promotion Page which contains important details about the Promotion, such as how to enter, the Promotion open dates, details of the available prizes and the number of winners. If you choose to enter the promotion, these terms apply to you and you are an “entrant”. If you don’t agree to these terms, you should not enter the Promotion. 

Capitalised words in these terms are defined above and in section 9 below.

1. Eligibility
   1. Eligible Entrants
      To be eligible to enter the Promotion, entrants must:
      1. be a resident of Australia;
      2. be at least 18 years old at the time of entry; and
      3. comply with any eligibility requirements specified on the Promotion Page or in these terms.
   2. Ineligible Entrants
      The following persons are not eligible to enter the Promotion:
      1. employees, directors, officers, and contractors of Emsee and their immediate family members;
      2. employees, directors, officers, and contractors of companies associated with the Promotion including Prize suppliers and their immediate family members; and
      3. any person who Emsee has previously notified is not permitted to enter Emsee’s promotions.
   3. Verification
      Emsee reserves the right, at any time, to verify the eligibility of entrants and to disqualify any entrant who does not meet the eligibility criteria or who provides false information. 
      
      
2. Entry Process 
   
   1. Entry Method 
      To enter the Promotion, Eligible Entrants must, during the Entry Period: 
      
      1. visit the Promotion website or platform as specified on the Promotion Page; 
      2. provide all required information as prompted on the Promotion Page; 
      3. answer the Question published by Emsee in accordance with any requirements specified on the Promotion Page;  
      4. comply with any “how to enter” instructions set out on the Promotion Page; and
      5. submit their Entry in accordance with the instructions on the Promotion Page. 
   2. Entry Period
      Entries must be received by Emsee during the Entry Period. Entries received outside the Entry Period will not be accepted.
      
   3. Entry Limits
      Unless otherwise specified on the Promotion Page, each Eligible Entrant may submit only one (1) Entry. If multiple Entries are received from the same entrant, only the first valid Entry will be accepted. 
      
   4. Entry Requirements
      All Entries must: 
      
      1. be the original work of the entrant and not copied from any other source; 
      2. not contain any content that is unlawful, defamatory, offensive, obscene, or otherwise inappropriate; 
      3. not infringe the intellectual property rights of any third party; and 
      4. comply with any other specific requirements set out on the Promotion Page
   5. Invalid Entries
      Emsee may, in its sole discretion, disqualify (and take down or remove) any Entry that:
      
      1. does not comply with these terms or any requirements or conditions on the Promotion Page;
      2. contains offensive or inappropriate content;
      3. infringes the intellectual property rights of any third party;
      4. jeopardises the fair and proper conduct of the Promotion; or
      5. is otherwise deemed invalid by Emsee.
         
         
3. Winner Selection
   
   1. Judging Process
      All valid Entries will be judged by Emsee based on the Judging Criteria. The judging will take place at Emsee’s premises or such other location as determined by Emsee.
      
   2. Judging Criteria
      The Promotion is a game of skill, not chance. Entries will be judged based on:
      
      1. creativity and originality of the answer;
      2. relevance of the answer to the Question;
      3. quality of expression; and
      4. any additional criteria specified on the Promotion Page.
   3. Winner Selection
      Emsee will select the number of Winners specified on the Promotion Page from among the valid Entries. Emsee’s decision is final and no correspondence will be entered into.
      
   4. Winner Notification
      Unless otherwise specified on the Promotion Page, Winners will be notified by the contact details provided in their Entry within three (3) business days of the judging. If a Winner cannot be contacted or does not claim their Prize within three (3) days of notification, Emsee may select an alternative Winner. Each Winner must provide their full name, contact number and Australian shipping address (along with any other details specified on the Promotion Page or reasonably required by Emsee to distribute the Prize) in order to redeem the Prize.
      
   5. Winner Announcement
      Emsee may publish winning Entries on Emsee’s website and social media channels. By entering the Promotion, entrants consent to their name (or social media handle) and Entry being published if they are selected as a Winner.
      
      
4. Prizes
   
   1. Prize Details
      The Prizes to be awarded are as specified on the Promotion Page.
      
   2. Prize Conditions
      The following conditions apply to the Prizes:
      
      1. Prizes are not transferable, exchangeable, or redeemable for cash;
      2. if a Prize or any part of a Prize becomes unavailable for reasons beyond Emsee’s control, Emsee may substitute a Prize or part of a Prize with an alternative prize of equal or greater value;
      3. Winners may be required to provide identification and proof of eligibility before claiming a Prize; and
      4. any additional costs not expressly stated as part of the Prize are the responsibility of the Winner (subject to clause 4.3)
   3. Prize Delivery
      Prizes will be shipped by Emsee within five (5) business days of verification of the Winner’s identity and eligibility. Emsee will arrange for delivery of the Prizes to the Australian address nominated by the Winner.
      
   4. Unclaimed Prizes
      If a Prize remains unclaimed after five (5) business days from the date of notification, the Prize will be forfeited, and Emsee may award the Prize to another entrant or not award the Prize at all.
      
      
5. Intellectual Property
   
   1. Licence
      By submitting an Entry, each entrant grants to Emsee a perpetual, non-exclusive, royalty-free licence to use, reproduce, publish, adapt, and communicate their Entry for the purposes of conducting and promoting the Promotion and for Emsee’s marketing and promotional purposes.
      
   2. Moral Rights
      Each entrant consents to Emsee using their Entry in any manner without attribution of the entrant’s authorship (and in any other manner that, without this consent, would constitute an infringement of moral rights), and agrees not to assert any moral rights in relation to their Entry.
      
   3. Warranty
      Each entrant warrants that:
      
      1. their Entry is their own original work and does not infringe the intellectual property rights of any third part
      2. they have the right to grant the licences and consents in this clause 5; and
      3. their Entry does not contain any content that is unlawful, defamatory, offensive, obscene, or otherwise inappropriate
         
         
6. Privacy
   
   1. Collection of Personal Information
      Emsee collects personal information in order to conduct the Promotion and may, to the extent reasonably required for that purpose, disclose such information to third parties including agents, contractors, service providers and Prize suppliers.
   2. Use of Personal Information
      By entering the Promotion, entrants agree that Emsee may use their personal information:
      
      1. for the purpose of conducting and administering the Promotion;
      2. to provide entrants with information about products and services of Emsee and its affiliates; and
      3. as specified in Emsee’s Privacy Policy.
         
         
7. Liability and Indemnity
   
   1. Exclusion of Liability
      To the maximum extent permitted by law, Emsee and its related entities, officers, employees, agents, and Prize suppliers exclude all liability for any loss, damage, claim, cost, or expense that an entrant may suffer as a result of:
      
      1. entering the Promotion;
      2. winning or not winning a Prize;
      3. redemption or use of a Prize; or
      4. any technical difficulties or equipment malfunction affecting the Promotion (whether or not under Emsee’s control), and will in no event be liable for any indirect or consequential loss or damage.
   2. Consumer Guarantees
      Nothing in these terms limits, excludes, or modifies any statutory consumer guarantees or any implied condition or warranty, the exclusion of which would contravene any statute or cause any part of these terms to be void.
      
      
8. General
   
   1. Cancellation or Modification of Promotion
      Emsee reserves the right to:
      
      1. cancel, terminate, suspend, modify, or postpone the Promotion at any time, acting reasonably where necessary to maintain integrity or fairness in the Promotion, or due to circumstances beyond its reasonable control; and
      2. disqualify any entrant who tampers with the entry process, submits an Entry that is not in accordance with these terms, or acts in a disruptive manner.
   2. Tax Implications
      Emsee accepts no responsibility for any tax implications that may arise from winning a Prize. Winners should seek independent financial advice in relation to any tax liability that may arise as a result of accepting a Prize.
      
   3. Publicity
      By entering the Promotion, entrants consent to Emsee using their Entry in any media / on the platform it was originally posted for an unlimited period without remuneration, for the purpose of promoting the Promotion and Emsee’s organisational objectives and services.
      
   4. Severability
      If any provision of these terms is held to be invalid, unenforceable, or illegal for any reason, the remaining provisions will remain in full force and effect.
      
   5. Waiver
      A failure by Emsee to enforce any of these terms will not be construed as a waiver of any rights of Emsee.
      
   6. Governing Law
      These terms are governed by the laws of New South Wales, Australia. Entrants submit to the exclusive jurisdiction of the courts of New South Wales.
      
      
9. Definitions and Interpretation
   
   1. Definitions
      In these terms, unless the context otherwise requires:
      
      1. Eligible Entrant means a person who meets the eligibility criteria set out in clause 2;
      2. Entry means a valid submission made in accordance with clause 2;
      3. Entry Period means the period commencing on the “open” date and time, and concluding on the “close” date and time for the Promotion as specified on the Promotion Page;
      4. Judging Criteria means the criteria used by Emsee to judge Entries, as set out on the Promotion Page and in clause 3;
      5. Prize means the prize(s) offered to Winners as specified on the Promotion Page, which may be third party products and/or services;
      6. Promotion means the online giveaway promotion described in these terms and on the Promotion Page;
      7. Question means the question published by Emsee that Eligible Entrants must answer to enter the Promotion in accordance with these terms and the Promotion Page; and
      8. Winner means an Eligible Entrant who is selected by Emsee in accordance with clause 3.