WEIGHT WATCHERS HEALTHY LIFE AWARDS 2011 – SLIMMER OF THE YEAR AUSTRALIA AND NEW ZEALAND, FAMILY OF THE YEAR AND PEOPLE'S CHOICE AWARD PROMOTION

TERMS AND CONDITIONS

  1. Information on how to enter and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  2. Promotion commences 16/05/11. Entries close 11:59pm AEST on 21/08/11 ('Promotional Period').
  3. Entry is only open to Australia and New Zealand residents who are / have been members of Weight Watchers and who have achieved a goal weight within a healthy weight range at the time of entry OR are within 12 kilos of goal at the time of entry, but must be at goal when the competition closes on Sunday 21 August 2011. Members must have achieved weight loss by following either the POINTS® Plan or ProPoints™ Plan, at a registered Weight Watchers meeting program, or via an At Home program, At Work program, Weight Watchers one-on-one Lifestyle Centre at Myer or Online Subscription ('Eligible Members').
  4. Eligible Members under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the Eligible Member must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.
  5. 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.
  6. To enter, Eligible Members must, during the Promotional Period, visit either www.healthylifeawards.com.au or www.healthylifeawards.co.nz and follow the prompts to the competition entry page. Eligible Members must select the category that they wish to enter and fully complete and submit the official entry form during the Promotional Period. To complete the entry form, Eligible Members must include answers to all questions provided and upload one "before" photo (i.e. photo taken prior to when the member joined Weight Watchers) and up to two (2) "after photos" (i.e. photos taken at the Eligible Members goal weight or within 12 kg of goal weight, as outlined above) of themselves. Eligible Members are permitted to enter multiple categories, but must only enter categories in which they are eligible, as indicated below.
  7. There will be four (4) categories ("Categories") that Eligible Members can nominate themselves for as part of this promotion, as follows:

    1. 1. Individual Slimmer of the Year, Australia (for Australian residents only);


    2. 2. Individual Slimmer of the Year, New Zealand (for New Zealand residents only);


    3. 3. Family of the Year, Australia (for Australian residents only); and


    4. 4. Family of the Year New Zealand (for New Zealand residents only).

    Entry into the Family of the Year Category is open to all Eligible Members entering the Slimmer of the Year Categories who have influenced their family to adopt a healthier lifestyle.

    By submitting an entry in the promotion, all Eligible Members will also be eligible to win the Inspiration Award (regardless of category entered). The Inspiration Award will be awarded to the Eligible Member who, in the opinion of the Promoter, has the most inspirational story (as outlined on the entry form and told during the interview attended by the Eligible Member, where applicable).
  8. Eligible Members who nominate themselves for the relevant Slimmer of the Year Category may also elect to nominate themselves for the People's Choice Award. To do so, Eligible Members must, once their entry is complete, follow the prompts to click the link on the entry form, complete the requested details and submit the fully completed entry form during the Promotional Period. Eligible Members acknowledge that by submitting these details, a promotional profile tile will be generated that will include information that they have submitted, and photographs that they have submitted; and acknowledge that these profiles will be available for public viewing and subject to a public vote in accordance with Clauses 26 to 29.
  9. The Promoter will also donate AU$1 to the Australian National Breast Cancer Foundation or NZ$1 to The New Zealand Breast Cancer Foundation, respectively, for each kilogram of weight registered as lost (from the start of the Eligible Members Weight Watchers membership to the time of entry) by each Australian or New Zealand Eligible Member, respectively, on each entry received during the Promotional Period.
  10. The Promoter reserves the right, at any time, to verify the validity of entries and Eligible Members (including an Eligible Member's identity, age and place of residence) and to disqualify any Eligible Member who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions will 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.
  11. Incomplete or indecipherable entries will be deemed invalid.
  12. Only one entry permitted per Eligible Member in each category.
  13. If there is a dispute as to the identity of an Eligible Member, the Promoter reserves the right, in its sole discretion, to determine the identity of the Eligible Member.
  14. This is a game of skill and chance plays no part in determining the winners.


    15. Slimmer of the Year Award – Judging Process and the Winners

  15. At the conclusion of the Promotional Period, a panel of judges will individually judge each entry in each Slimmer of the Year Category, based on the merit of the Eligible Member's answers relating to lifestyle change, individual story, weight loss amount, and physical transformation.
  16. Entries will be divided according to the Eligible Member's place of residence into the following regional groups ('Regions'): NSW/ACT, SA/NT, VIC/TAS, QLD, WA (for Individual Slimmer of the Year Australia entrants) and NZ (for Individuals Slimmer of the Year entrants New Zealand).

    The judges will then select up to five (5) best entries in the Slimmer of the Year Category in each Australian Region, who will be deemed as the Australian "Semi-Finalists". The exact number of Semi-Finalists in each Region of Australian will be determined by the Promoter in its absolute discretion but will not exceed five (5) Semi-Finalists. The Australian Semi-Finalists will then be required to attend an interview ("Semi-Finalist Interview") at a date and location to be determined by the Promoter, but which will take place in the Semi-Finalist's nearest Region capital city as follows: NSW/ACT – Sydney; SA/NT – Adelaide; VIC/TAS – Melbourne; QLD – Brisbane; WA – Perth. If a Semi-Finalist does not reside in the State where the interview is to take place, the Promoter will provide the Semi-Finalist with one (1) night's accommodation and one (1) return economy flight from the Semi-Finalist's nearest capital city to attend the relevant Region capital city interview, up to the value of AU$1,500. Accommodation and flights are subject to booking and flight availability. If a Semi-Finalist resides in the State where the interview is to take place, the flights and accommodation component will not be offered. No transfers will be offered and each Semi-Finalist will be responsible for their own travel to and from the interview.
  17. Based on the results of the Semi-Finalist Interviews, the judges will then select the best Semi-Finalist from each of the five (5) Regions in Australia, who will be deemed as the "Australian Finalists". For the avoidance of doubt, there will be five (5) Australian Finalists.
  18. The judges will also select up to six (6) Eligible Members from New Zealand, as per the criteria outlined in clause 15, ("NZ Finalists") who will then be required to attend an interview at a date and exact location to be determined by the Promoter, but which will take place in Auckland, NZ. The exact number of NZ Finalists will be determined by the Promoter in its absolute discretion but will not exceed six (6). Based on the results of the NZ Finalist interviews, one (1) winner will be selected from the NZ Finalists and deemed the NZ Slimmer of the Year. If a NZ Finalist does not reside in Auckland or surrounding area (as determined by the Promoter in its absolute discretion), the Promoter will provide the NZ Finalist with one (1) night's accommodation and one (1) return economy flight from the NZ Finalist's nearest commercial airport in New Zealand to Auckland to attend the interview, up to the value of NZ$1,500. Accommodation and flights are subject to booking and flight availability. If a NZ Finalist resides in Auckland or the surrounding area (as determined by the Promoter), the flights and accommodation component will not be offered. No transfers will be offered and each NZ Finalist will be responsible for their own travel to and from the interview.
  19. The five (5) Australian Finalists will be required to attend an interview at the National Judging Week, to be held in Sydney, NSW (exact location and date/time to be determined by the Promoter in its absolute discretion).
  20. The Promoter will provide each of the Australian Finalists and the NZ Slimmer of the Year with up to five (5) night's accommodation and return flights to Sydney (if required, as determined by the Promoter) from the Finalist's nearest Australian capital city (Australian Finalists) or the nearest commercial airport in New Zealand (for the NZ Slimmer of the Year) to attend the National Judging Week. National Judging Week will include a hair and wardrobe makeover and a Weight Watchers magazine photo shoot for each Australian Finalist and the NZ Slimmer of the Year. Accommodation and flights are subject to booking and flight availability. If an Australian Finalist resides in NSW the flight or accommodation components will not be offered. No transfers will be offered and each Australian Finalist and the NZ Slimmer of the Year will be responsible for their own travel to and from the interview, makeover and the photoshoot.
  21. At the conclusion of the National Judging Week activities, the judges will then select the best Australian Finalist (based on the results of the National Judging Week interviews), who will be deemed as the Australian Slimmer of the Year.
  22. The Australian Slimmer of the Year and the New Zealand Slimmer of the Year will each win a trip for two (2) people to the Cook Islands. The prize includes;

    1. • Two (2) return economy flights from the winner's nearest major city to the Cook Islands. Lounge access will be available where there is an Air New Zealand Koru Lounge;


    2. • Six (6) nights stay for two people at Crown Beach Resort and Spa in a luxurious ultra-private Courtyard Pool Suite complete with private pool;


    3. • Meet & greet on arrival and return airport/accommodation venue transfers compliments of Cook Islands Tours;


    4. • Daily American buffet breakfast at Oceans Restaurant & Bar for two people;
    5. • ½ Hour 'Island Paradise Massage' for two people;
    6. • Island Feast and Cultural Extravaganza for two at Oceans Restaurant;
    7. • Nightly turndown service with flowers and romance candles; and
    8. • Use of kayaks and snorkelling equipment.

    The prize is valued at up to AU$6,380 for the Australian Slimmer of the Year and up to AU$6,025 for the New Zealand Slimmer of the Year, depending on each winner's date and point of departure.
  23. The following conditions are applicable to the prize:

    1. • All travel must be redeemed and completed between 1 February 2012 and 29 February 2013.


    2. • Government and Airport Taxes are calculated on flight value.


    3. • Passports and visas are the responsibility of the winners and their companions.


    4. • Flight tickets are non-transferable, non-redeemable (for cash) and non-changeable. Travel from Sydney and Auckland (as appropriate) to Cook Islands is restricted to Air New Zealand operated aircraft and direct services only.
    5. • Passengers must be travelling together on all sectors and booking must be made at least 30 days prior to departure.
    6. • Reservations are available on a firm basis, however are subject to seat availability at time of reservation.
    7. • Embargo periods apply during school holidays, public holidays and peak season.
    8. • Frequent Flyer points are not applicable.
    9. • The prize is valid from 1st February 2012 – 29th February 2013 and travel must be completed within this date range. The prize cannot be redeemed for cash, gifted, sold, transferred or assigned.
    10. • Accommodation is subject to room availability.
  24. Additional Finalist prizes, if any, are to be determined by the Promoter in its absolute discretion.


    25. Family of the Year Award Judging Process

  25. All entries in the Family of the Year category will be individually judged based on the merit of their answers relating to lifestyle change, individual story, their weight loss amount and physical transformation, as well as the merit of the answers provided to the additional questions relating specifically to this Category including questions about their family and their family's lifestyle, as stipulated in the entry form. The best entry, in each of Australia and New Zealand, as determined by the judges, will be deemed the winner of the Family of the Year award in the corresponding Country. The judges may, in their absolute discretion, select one (1) further entry in each of Australia and New Zealand to receive a high commendation award.


    26. People's Choice Award

  26. All nominations received in the "People's Choice Award" category will be subjected to a public vote. Voting is open to all Australian and New Zealand residents and will commence 06/0611 and close at 11:59pm AEST on 30/09/11 ('Voting Period'). To vote, individuals must, during the Voting Period, visit either www.healthylifeawards.com.au or www.healthylifeawards.co.nz and vote for their favourite Eligible Member. Multiple votes are permitted, however, a single voter may only vote for each Eligible Member once per day.
  27. After the conclusion of the Voting Period, the Eligible Member with the highest number of recorded votes will be deemed the People's Choice Award winner. In the event of a tie between two (2) or more Eligible Members, each tied Eligible Member will be required to submit to the Promoter a response in 25 words or less to the question: "Why do you think Weight Watchers is Approved by Life?" The judges will judge each answer individually based on literary and creative merit. The best entry, as determined by the judges, will be awarded the People's Choice Award.
  28. Submission of votes in this promotion is subject to the separate Terms and Conditions of the "Weight Watchers Healthy Life Awards 2010 – People's Choice Voting" Game Of Skill Promotion.
  29. The prize for the winner of the People's Choice Award will be determined by the Promoter in its absolute discretion.


    30. General

  30. All winners of prizes will be notified by telephone and mail. The Promoter's decision in regard to all aspects of this promotion is final and no correspondence will be entered into.
  31. The Promoter reserves the right, at any time, to award additional prizes to Semi-Finalists, Finalists, the Australian or New Zealand Slimmer of the Year, Family of the Year, high commendation award winners, Inspiration winner or the People's Choice winner, but is under no obligation to do so. Prizes will be determined by the Promoter in its absolute discretion. Prizes may be subject to additional conditions upon their use as specified in these Terms and Conditions and as specified by the issuer of the prize. If any winner refuses to accept the conditions imposed on the use of a prize the Promoter may, in its absolute discretion, refuse to award the prize to the winner.
  32. Spending money, meals, insurance, transport to and from departure point, transfers, items of a personal nature, in-room charges and all other ancillary costs are not included in any prize travel component. Frequent flyer points will not form part of any travel component. Prize takers may be required to present a credit card at the time of accommodation check in. Travel components are subject to the terms and conditions of individual service providers.
  33. If the winner of any prize is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian.
  34. 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.
  35. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
  36. As a condition of entry, all Eligible Members agree to the following:

    1. (a) When they submit any materials via the promotion including comments, recordings and images ("Content"), Eligible Members, unless the Promoter advises otherwise, license and grant 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 such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. Eligible Members agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.


    2. (b) Eligible Members agree that they are fully responsible for the Content they submit. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove any Content without notice for any reason whatsoever. Eligible Members warrant and agree that: (i) 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; (ii) they will obtain prior consent from any person or property that appears in their Content; (iii) they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein; (iv) their Content shall not contain viruses or cause injury or harm to any person or entity; and (v) 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.


    3. (c) Without limiting any other terms herein, Eligible Members indemnify the Promoter for any breach of the above terms.


  37. Eligible Members 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 competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
  38. 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 Eligible Member; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
  39. Any cost associated with accessing the promotional website is the Eligible Member or individual voter's responsibility and is dependent on the Internet service provider used. The use of any automated software or any other mechanical or electronic means that allows a voter to automatically vote repeatedly is prohibited and will render all votes submitted by that voter invalid.
  40. 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 State 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.
  41. Except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees, the Promoter (including its 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 the following: (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 Eligible Member; (f) use of a prize; or (g) if any of the Healthy Life Awards events is cancelled for any reason beyond the reasonable control of the Promoter.
  42. As a condition of accepting an award, each Semi-Finalist, Finalist or 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.
  43. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, and prize suppliers. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning an Eligible Member. Eligible Members should direct any request to access, update or correct information to the Promoter. All entries become the property of the Promoter.
  44. The laws of Australia apply to this promotion to the exclusion of any other law. Eligible Members submit to the exclusive jurisdiction of the courts of Australia.
  45. The Promoter is Fortuity Pty Ltd trading as Weight Watchers (ABN 55 007 148 683) of Level 5, 1-3 Smail St, Ultimo, NSW 2007 (Australia) and Weight Watchers New Zealand, Sylvia Park Shopping Centre, Shop N217, 286 Mt Wellington Highway, Mount Wellington, Auckland 1060 (New Zealand).


WEIGHT WATCHERS HEALTHY LIFE AWARDS 2011 VOTING GAME OF SKILL PROMOTION (People's Choice)

TERMS AND CONDITIONS

  1. Information on how to enter and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  2. Entry is only open to Australian and New Zealand residents. 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.
  3. Promotion commences 6/06/11 and closes 11:59pm AEDST on 30/09/11 ('Promotional Period').
  4. To vote, eligible entrants must, during the Promotional Period, visit either www.healthylifeawards.com.au or www.healthylifeawards.co.nz, follow the prompts to the People's Choice Award page and submit a vote for their favourite profile, including the requested details: full name, address, contact number, email address, details of their vote recipient and a 25 word or less response as to what inspired them most about the person they voted for.
  5. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant's identity, age, place of residence and weight) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions will 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.
  6. Incomplete or indecipherable entries will be deemed invalid.
  7. Multiple entries permitted, subject to the following: (a) only one entry permitted per vote; (b) each entry must be substantially unique; (c) each entry must be submitted separately and in accordance with entry requirements; and (d) each entrant may only submit one (1) vote per profile per day.
  8. There will be nine (9) rounds of judging ('Rounds') conducted during the Promotional Period. Entries close for each Round at 11:59pm AEST/AEDST (as applicable in Sydney) every second Sunday from 19/06/2011 to 25/06/2011 (inclusive) and on Friday, 30/09/2011 for the last Round. Judging of each Round will take place the following business day. Non-winning entries will roll over into any subsequent Rounds. All winners will be notified by phone and email.
  9. This is a game of skill and chance plays no part in determining the winners. Each entry will be individually judged based on literary and creative merit of the answer provided to the question.
  10. The Promoter's decision is final and no correspondence will be entered into.
  11. The best valid entry in each Round will each win a prize, as determined by the Promoter.
  12. The Weight Watchers member in relation to whom the winning voter submitted their winning vote in the respective Round will also win a prize, as determined by the Promoter.
  13. Following the conclusion of the final Round, all winning entries from each Round will be re-judged and the best overall entry, as determined by the judges, will win a prize, as determined by the Promoter and be named 'People's Choice' award winner.
  14. If for any reason a winner does not take a prize or an element of a prize at the time stipulated by the Promoter, then the prize or that element of the prize will not be redeemable for cash.
  15. Any ancillary costs associated with redeeming a gift card are not included. Any unused balance of any gift card will not be awarded as cash. Redemption of any gift card is subject to any terms and conditions of the issuer including those specified on the gift card.
  16. If the winner of any prize is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian.
  17. If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification.
  18. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
  19. All entries (which shall include photographs) submitted become the property of the Promoter. Entries will not be returned to any entrant. As a condition of entering into this promotion, each entrant agrees to assign all of their rights, title and interest (including copyright) in and to their entry to the Promoter. 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. The entrant agrees to indemnify the Promoter against all costs and claims by third parties arising from a breach of this warranty. Entrants consent to any use of their entry which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth).
  20. Entrants consent to the Promoter using the entrant's 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 competition (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, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) 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 software or any other mechanical or electronic means that allows an entrant to automatically enter or vote repeatedly is prohibited and will render all entries and votes 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 State 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 be excluded by law, including the Non-Excludable Guarantees, the Promoter (including its 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 following: (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 Healthy Life Awards event is cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) use of a prize.
  25. The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, and prize suppliers. Entry is conditional on providing this information. If an entrant selects the opt-in box at the time of entry, the Promoter may also, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update or correct information to the Promoter. All entries become the property of the Promoter.
  26. The laws of Australia apply to this promotion to the exclusion of any other law. Eligible Members submit to the exclusive jurisdiction of the courts of Australia.
  27. The Promoter is Fortuity Pty Ltd trading as Weight Watchers (ABN 55 007 148 683) of Level 5, 1-3 Smail St, Ultimo NSW 2007.


WEIGHT WATCHERS HEALTHY LIFE AWARDS 2011 WORKPLACE OF THE YEAR PROMOTION

TERMS AND CONDITIONS

  1. Information on how to enter and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  2. Promotion commences 16/05/11. Entries close 11:59pm AEST on 21/08/11 ('Promotional Period').
  3. Entry is only open to businesses operating in Australia and New Zealand that have implemented a Weight Watchers At Work program as at the start of the Promotional Period Eligible Businesses').
  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. To enter, an authorised representative (aged 18 years or over) of an Eligible Business must, during the Promotional Period, visit either www.healthylifeawards.com.au or www.healthylifeawards.co.nz and download the competition entry form. An authorised representative of the Eligible Business must then fully complete the official entry form, including answers to all questions provided, and submit during the Promotional Period.
  6. The Promoter reserves the right, at any time, to verify the validity of entries and Eligible Businesses and to disqualify any Eligible Business whose representative submits an entry that is not in accordance with these Terms and Conditions. Errors and omissions will 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.
  7. Incomplete or indecipherable entries will be deemed invalid.
  8. Only one entry permitted per Eligible Business.
  9. This is a game of skill and chance plays no part in determining the winners. At the conclusion of the Promotional Period, a panel of judges will individually judge each entry, based on the merit of the answers relating to the whole company's success with and support of the Weight Watchers At Work program.
  10. Entries will be divided into an Australian region and a New Zealand region, according to the location of the Eligible Business. The best entry, as determined by the judges, in each region will be named the "Weight Watchers Healthy Life Awards 2011 Workplace of the Year, Australia" and "Weight Watchers Healthy Life Awards 2011 Workplace of the Year, New Zealand" respectively. The judges may, in their absolute discretion, select one (1) further entry to receive a high commendation award in each region.
  11. All winners will be notified by telephone and mail. The Promoter's decision is final in all aspects of this promotion and no correspondence will be entered into. The Promoter reserves the right, at any time, to award additional prizes to award winners, but is under no obligation to do so. Prizes, if any, will be determined by the Promoter in its absolute discretion and will be awarded to the owner of the Eligible Business, who may elect to distribute the prize(s) to any employee(s) of the Eligible Business.
  12. As a condition of entry, the authorized representative of each Eligible Business, on behalf of the Eligible Business, agrees that:

    1. 1. With regards to any materials submitted via the promotion including comments, recordings and images ("Content"), unless the Promoter advises otherwise, the authorized representative on behalf of the Eligible Business 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 such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. The authorized representative of the Eligible Business warrants that the employees of the Eligible Business agree not to assert any moral rights in relation to such use. The authorised representative of the Eligible Business warrants that he/she has the full authority to grant these rights.


    2. 2. The Eligible Business is fully responsible for the Content that its authorised representative submits. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove any Content without notice for any reason whatsoever. The authorized representative of the Eligible Business warrants and agrees that: (i) he/she 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; (ii) the/she will obtain prior consent from any person or property that appears in any submitted Content; (iii) he/she will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein; (iv) Content shall not contain viruses or cause injury or harm to any person or entity; and (v) the Eligible Business 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.


    3. 3. Without limiting any other terms herein, the Eligible Business will indemnify the Promoter for any breach of the above terms.


  13. 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 Eligible Business; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
  14. 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 State 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.
  15. Except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees, the Promoter (including its 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 the following: (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 Eligible Business; or (f) use of any prize.
  16. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, and prize suppliers. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning an authorised representative of an Eligible Business. Authorised representatives should direct any request to access, update or correct information to the Promoter. All entries become the property of the Promoter.
  17. The Promoter is Fortuity Pty Ltd trading as Weight Watchers (ABN 55 007 148 683) of Level 5, 1-3 Smail St, Ultimo, NSW 2007 Australia.