1.Information on how to enter and the prize(s) set out in all communication regarding the Vicks Winter Escape Promotion’ (the “Promotion”) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions. Any entry not complying with these Conditions of Entry is invalid. Entry into this Promotion and the acceptance or receipt of a prize by any person is deemed as acceptance of these Conditions of Entry. 

2.The Promoter is Procter & Gamble Australia Pty Ltd (ABN 91 008 396 245) of Level 4, 1 Innovation Road, Macquarie Park NSW 2113, telephone: 1800 028 280 (the “Promoter”).

3.The Promotion Commences on 10/05/2023 at 9.00am AEST and finishes at 11.59pm AEST on 04/06/2023 (“Promotional Period”). 

4.Entry into the Promotion is only open to individuals who satisfy the following eligibility requirements (“Eligibility Requirements”):

1.Individuals must be Australian Residents.
2.Entrants must be 18 and over to enter the promotion and further, read and consent to these Terms and Conditions. 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 1st cousin. 

5.The Promotion is in partnership with Spotify, Pedestrian TV and the following Instagram users with handles (“Influencers”):

a)@rianacrehan
b)@_laurabentley_

6.At the commencement of the Promotional Period, each of the Influencers will publish a Promotional Post advertising this Promotion (“Promotional Post”) on their Instagram profile tagging the Instagram handle @vicks_anz. 

7.Each Promotional Post will constitute as a separate point of entry into the Promotion with differing Eligibility Requirements as outline by these Terms and Conditions. 

8.To enter, individuals must satisfy the Eligibility Requirements and undertake the following steps during the Promotional Period:

a)visit vicks.com.au/en-au/winterescape2023 OR enter through the entry form on Meta (Facebook/Instagram);
b)to complete the entry form, including providing full name, valid email address, city and state; then
c)write in 25 words or less, why you’re in need of a Vicks® Winter Escape?
d)submit entry form.

9.All entrants must ensure that their Entry is submitted online during the Promotional Period. The Promoter takes no responsibility for any late or misdirected entries or for any delays or failures in any telecommunications service or equipment.

10.Only one entry permitted per entrant across Meta and the promotion landing page. 

11.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.

12.The Promoter reserves the right to disqualify any entrant submitting an entry which, in the opinion of the Promoter, includes objectionable content, including but not limited to profanity, nudity, potentially insulting, scandalous, inflammatory or defamatory images or language.

13.Incomplete, indecipherable, or illegible entries will be deemed invalid.

14.Entrants must submit their entries to the Promotion manually using an internet browser, or through a Meta app. The Promoter may reject an entry to the Promotion if it reasonably forms the opinion that it has been submitted using automated means or by use of a competition entry service.

15.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.

16.Judging will commence within two to five (2-5) business days after the cessation of the Promotional Period. The Promoter will select one hundred (100) winning entries based on the judging criteria below. Final judging will occur at Level 4, 21 Harris Street, Pyrmont NSW 2009. The Promoter reserves the right to select reserve entries in the event that a winning entry is invalid or prize is forfeited.

17.Entries will be judged based on originality and creativity. This is a game of skill, chance plays no part in determining winners. 

18.The prize pool value is [$26,629.20]. It includes one (1) main prize pack value up to $8,118.47, thirty (30) second tier prize packs valued at $326.37 and sixty-nine (69) third tier prize packs valued at $126.47.

19.The main prize winner, based on originality and creativity, will receive one (1) Thredbo prize pack worth up to $8118.57. Prize pack is based on two (2) adults. Prize pack is not valid for use of persons under 18 years of age. It includes:
 
a)Transport to and from Thredbo valued up to $3597.20 for two people (e.g. Return flights for 2 people on a carrier nominated by the Promoter, small/medium car hire from Canberra to Thredbo for 5 days)
b)3-day Thredbo ski passes valued up to $1016
c)Accommodation for two adults for 5 nights at 3–4-star hotel valued at up to $2225
d)Ski equipment hire (skis and poles or snowboard, a helmet and boots) valued at $954
e)Vicks prize box valued at $71.80
f)$200 Red Balloon voucher;
g)Vicks Beanie valued at $4.67;
h)Vicks VapoShower valued at $9.90
i)T2 Duo Gift Pack tea valued at $33
j)Burts Bees lip balm valued at $7


20.The next thirty (30) second tier winners based on originality and creativity will each receive a prize pack valued at $326.37:
a)Vicks prize box valued at $71.80
b)$200 Red Balloon voucher;
c)Vicks Beanie valued at $4.67;
d)Vicks VapoShower valued at $9.90
e)T2 Duo Gift Pack tea valued at $33
f)Burts Bees lip balm valued at $7

21.The next sixty-nine (69) third tier winners based on originality and creativity will each receive a prize pack valued at $126.37:
a)Vicks prize box valued at $71.80
b)Vicks beanie, valued at $4.67;
c)Vicks VapoShower, valued at $9.90
d)T2 Duo Gift Pack tea valued at $33
e)Burts Bees lip balm valued at $7

22.The winners will be notified by email within two (2) business days of the Promoter’s decision. The Promoter may instruct a third-party agent to contact winners on their behalf. The notification may include instructions as to how the winner is to claim the prize and establish their entitlement to it. The Promoter may request personal information from the winner, such as their name, date of birth, postal address, telephone number and email address, for the purpose of identification and to facilitate delivery of the prize.
23.In relation to the main Thredbo prize pack:    

a)Prize valid for winner, aged 18 years and above.
b)Prize must be taken in its entirety and completed by August 30th 2024. Prize excludes travel during Australian school holiday periods. If the Prize cannot be taken beforehand, it will be forfeited without any compensation to the winner.
c)Prize is subject to availability at time of booking. The booking of travel arrangements will be based on availability of airfares and accommodation at time of booking.
d)Winner must depart and return to/from Adelaide, Brisbane, Melbourne, Perth or Sydney. All passengers must depart from and return to the same city. The winner will be responsible for any costs associated with reaching the city of departure as well as any additional costs not included in the prize inclusions.
e)Travel insurance is not included in the prize and remains the responsibility of the winner. It is strongly recommended for the winner and any individual travelling with the winner to obtain travel insurance. The Promoter accepts no liability for any injuries or loss otherwise sustained in the redemption or use of this prize. 
f)The winner and friend are required to execute waiver and release of liability forms, absolving the Promoter from any liability in respect any and all claims by the winner or the friend in use of prize or participation in activities relating to the prize.
g)Passports, visas or any other document required for travel will remain the responsibility of the winner.
h)The Prize Winner must take the Prize as offered. The Prize is not transferable, redeemable, refundable, and cannot be sold or exchanged for cash. The Prize cannot be used in conjunction with any other offer.
i)The Prize and booking of the Prize are subject to the standard booking terms and conditions of the Promoter, airline, other transport agents and accommodation provider.
j)Meals and other ancillary costs of redeeming or use of prize are not included.

24.Each winner will be required to provide the Promoter with details requested by the Promoter to redeem their prize within 72 hours from the date of the Promoter’s email notifying them as winner.

25.Winners will be published on vicks.com.au/en-au/winterescape2023 after 10.00am AEST between 7-12 June 2023. Only winners first initial, last name and state will be published.

26.After a winner claims their prize, a third-party will arrange for the winner’s prize to be delivered to them. The third-party may contact the winners to facilitate this action. The Promoter will provide the winner’s details as obtained when the winner claimed their prize to the third-party for this purpose. 

27.If for any reason a winner does not take a 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.

28.If a winner declines or forfeits a prize, whether expressly or at the decision of the Promoter in accordance with these Terms and Conditions: 

a)The declining or forfeiting winner will continue to be subject to the provisions of these Terms and Conditions; and 
b)The Promoter shall offer that prize to a new winner selected by the Promoter based on the originality and creativity of the remaining entries. The winners of the unclaimed prize draw will be notified by email within two business days of the Promoter’s decision.


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


30.If for any reason a winner does not take the prize (or an element of the prize) at/by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited by that winner and cash will not be awarded in lieu of their prize. 

31.If any prize (or part of any 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 legislative approval).

32.Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified. 

33.The winners accept the prize ‘as is’ and acknowledge that the Promoter accepts no responsibility for any tax implications that may arise from their prize winnings. Winners should seek advice from the Australian Tax Office or their own taxation adviser or independent financial adviser. 

34.Any ancillary costs associated with redeeming the gift card are not included. Any unused balance of the gift card will not be awarded as cash. Redemption of the gift card is subject to any terms and conditions of the issuer including those specified on the gift card.  

35.Any ancillary costs associated with redeeming a gift card are not included. Any unused balance of the gift card will not be awarded as cash. 

36.All entries submitted become the property of the Promoter. Entries will not be returned to any entrant.

37.Each entrant warrants to the Promoter that each entry submitted is an original literary work of the entrant that does not infringe the rights of any third party. 

38.Any costs associated with accessing an Instagram account to enter the Promotion is the entrant’s responsibility and is dependent on the Internet service provider used.

39.When an entrant submits any materials via the Promotion including responses to the promotional question (“Content”), the entrant, unless the Promoter advises otherwise, licenses and grants the Promoter, the Influencers, their affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.

40.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.

41.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.

42.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.

43.Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and Influencers (including their respective officers, employees and agents) are not responsible for and exclude 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 or the Influencers’ 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 or Influencers; (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 a prize.

44.Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Instagram Rules, which can be found at https://help.instagram.com/581066165581870.

45.The Promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook. Entrants understand that they are providing their information to the Promoter and not to Instagram or Facebook. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Instagram or Facebook. By entering the Promotion, each entrant releases Instagram or Facebook from any and all liability to the entrant arising in any way from the conduct of the Promotion, except for any liability which cannot be excluded by law.

46.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 (view at https://www.pg.com/privacy/english/privacy_statement.shtml) 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. Unless otherwise indicated by the Promoter, the Promoter may disclose PI to entities outside of Australia. These Conditions of Entry shall be governed by the laws of Australia and each entrant agrees to submit to the jurisdiction of Australia.