Terms & Conditions

Personal use of Procter & Gamble site

The Metamucil website ("Site") is owned and operated by Procter & Gamble Australia Pty Limited ACN 008 396 245 ("Procter & Gamble"). Set out below is the Terms and Conditions on which Procter & Gamble allows you to access the Site. By accessing the Site you agree to abide by the Terms and Conditions set out on this page and all applicable laws. You should be aware that these Terms and Conditions maybe amended from time to time. You must visit this page periodically to review the Terms & Conditions. If you do not agree to any of these Terms and Conditions, you must exit the Site immediately. You may browse this Site for personal entertainment and information. However, please do not distribute, modify, transmit or revise the contents of this Site without Procter & Gamble's prior written permission. Any unauthorised copying, mirroring, storage, or other unauthorised use is absolutely prohibited and will be prosecuted. "You" refers to all individuals and or entities accessing this Site for any reason.

In each document copied, mirrored, downloaded, and printed from this Site it must contain the following copyright notice and permission notice: "Copyright © 2006 Procter & Gamble Australia Pty Limited. All rights reserved. Protected by the copyright laws of the Commonwealth of Australia and international treaties."

Copyright, trademark and other proprietary notices must not be removed.

No commercial use of Procter & Gamble site

You may not reproduce, copy, charge any fee for the use of or redistribute for commercial purposes any of the materials or design elements on the Site directly relating to Metamucil. Commercial use of any of the material relating to Metamucil is strictly prohibited unless with the express written consent of Procter & Gamble.

Warranties and limitation of liability

Procter & Gamble makes no warranties or representations to the extent permitted by law about the accuracy or completeness of this Site content or of the content of any website or websites "hot-linked" to this Site. Neither Procter & Gamble nor any of its affiliates shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of access to or use of any content of this Site or the content of any website or websites "hot-linked" to this Site. Procter & Gamble do not warrant that this Site will operate error-free or that this Site and its server are free of computer viruses or other harmful mechanisms. If your use of the Site results in the need for servicing or replacing equipment or data, Procter & Gamble is not responsible for those costs. The aggregate liability of Procter & Gamble for all claims arising from use of this Site is limited to $100.

Indemnity and release

In accessing this Site, you release Procter & Gamble and its respective directors, officers, employees, shareholders, agents, contractors and consultants (those indemnified) from any claim relating in any way to your use of this Site and you indemnify those indemnified from and against all actions, proceedings, claims and demands against any of those indemnified by a party claiming loss or damage (both directly and or indirectly) as a result of your acting other than in accordance with these Terms & Conditions.

Information submitted to Procter & Gamble

Any communication or material you post or transmit in relation to Metamucil as part of Procter & Gamble over the Internet is, and will be treated as, non-confidential and non-proprietary. By transmitting or posting any communication or material to this Site you agree that Procter & Gamble or any of its affiliates may use your communication as material for any purpose, including reproduction, transmission, publication, broadcast and posting. Furthermore, do not post or transmit any unlawful, threatening, libellous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or violate any law.

From time to time, Procter & Gamble may offer and may allow others to offer products and services to you. If you wish to discontinue receiving such offers, please contact Procter & Gamble.

Procter & Gamble reserves the right to gather more extensive information than that stated in its Privacy Policy about any attempted access to the Site, which raises security issues (and, should the need arise, to disclose such information to relevant authorities).

Licensed logo use only

All Metamucil names, logos and marks appearing in this Site, except as otherwise noted, are trademarks owned or used under license by Procter & Gamble, The Procter & Gamble Company or its affiliates in the geographies where Procter & Gamble markets products bearing such trademarks. The use or misuse of these trademarks or any other content on this Site except as provided in these Terms and Conditions or in the Site content is strictly prohibited.

Place of business of Procter & Gamble

Please note that Procter & Gamble does business only in the State of New South Wales, Australia. Aside from such, if any manufacturing plants, offices, and other facilities in the Commonwealth of Australia referred to in this Site, Procter & Gamble does not own or operate any of the other facilities mentioned herein.

Rather, the other plants and facilities are owned and operated by various subsidiaries, affiliates or joint ventures of The Procter & Gamble Company. A list of these companies and their facilities can be obtained from Secretary, 1 Procter & Gamble Plaza, Cincinnati, OH 45202.

Links to other sites

The Site contains links to third party websites. The linked websites are not under the control of Procter & Gamble, and Procter & Gamble is not responsible for the contents of any linked website or any link contained in a linked website. Procter & Gamble is providing links only as a convenience, and the inclusion of a link does not imply endorsement of the linked website by Procter & Gamble, The Procter & Gamble Company or their various subsidiaries, affiliates or joint ventures.

Interactive facilities

If you participate in any interactive facility you represent and warrant that any information provided by you is not owned by or confidential to, any third party; represent and warrant that your provision of such information will not expose Procter & Gamble to any liability, whether civil or criminal; grant to Procter & Gamble a perpetual licence to use and disclose any such information provided by you to any person or entity for any purpose; waive any rights you have in relation to any information submitted through an interactive facility in favour of Procter & Gamble release and indemnify Procter & Gamble from any claim in any way related to the information provided by you.

Miscellaneous

This agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia and you irrevocably and unconditionally submit to the jurisdiction of the Courts in that State. If any provisions of this agreement are found to be invalid or unenforceable by a Court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect. No waiver of any breach of a term of this agreement by Procter & Gamble will constitute a waiver of the rights of Procter & Gamble arising from that or any other breach. This agreement supersedes and replaces any prior agreement.

All rights not expressly granted herein are reserved.

Conditions of Entry

"Metamucil Challenge" Giveaway

Information on how to enter and prizes forms part of these Conditions of Entry. Entry into this promotion is deemed to be acceptance of these Conditions of Entry and prize will be provided in accordance with and subject to these Conditions of Entry.

DURATION OF THE PROMOTION

The competition commences 10:00am AEST on Monday, 12th September 2011 and ends 10:00am AEDST on Monday, 12 March 2012(“Promotional Period”). The competition is solely based on chance.

METHOD OF ENTRY

To enter this competition, individuals must visit the Metamucil website at http://www.metamucil.com.au/ Entrants will then need to click on the ‘Metamucil 2 Week Challenge’ link, and complete the registration form provided, and submit during the Promotional Period. Entrants will have the option of sharing the offer with friends. For every nominated friend that enters the promotion, the individual will receive an additional entry into the competition, therefore increasing their chances of being drawn.

NATURE AND VALUE OF THE PRIZES

One prize winner will be randomly selected from all entries received during the Promotional Period. The first name drawn will be deemed to win the prize. Prize includes a $5,000 Virgin Blue gift voucher.

Total Prize Pool Value: $5,000

PLACE, DATE & TIME OF DRAW AND ADVISING OF RESULT OF DRAW

The prize draw will be conducted at Arnold Furnace on Wednesday, 14th March 2012 from 10.00am AEDST, Level 11, 60 Miller St, North Sydney 2026. One winner will be drawn. The winner will be notified via an email and a phone call on Wednesday, 14th March 2012. The winner will also be published on http://www.metamucil.com.au/challenge.php on Wednesday 21th March 2012. The winner will have 3 months to come forward and claim their prize.

The Promoter may conduct such further draws at Level 11, 60 Miller St, North Sydney 2026 on Thursday, 14th June 2012 from 10am in order to award the prize. The Promoter’s representative will attempt to contact the winner by email and a phone call. The winner will also be published on http://www.metamucil.com.au/challenge.php on Thursday 21st June 2012. The winner will have 2 weeks to come forward and claim their prize.

The prizes will be awarded only to the winner and not to a proxy or representative of that winner.

GENERAL

Entry is open to Australian and New Zealand residents only. Employees (and their immediate family) of Procter & Gamble Australia Pty Ltd and The Furnace, and companies associated with this promotion are ineligible. 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.

Each eligible entrant is only permitted to complete the survey on one (1) occasion. Based on a friend-get-friend strategy, entrants will have the additional option of sharing the promotion with friends. For every nominated friend that enters the promotion, the individual will receive an additional entry into the competition, therefore increasing their chances of being drawn.

Offer is eligible only to entrants over 18 years of age.

Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash. All prize values (or where relevant, possible maximum value), are in Australian dollars and inclusive of GST except where stipulated otherwise.

Unless expressly stated otherwise within these Conditions of Entry, all expenses are the responsibility of the winner. This prize must be taken as stated and no compensation will be payable if the recipient is unable to use it as stated.

Incomplete, indecipherable or illegible entries will be deemed invalid. The judge’s decision in relation to all aspect of the competition is final and no correspondence will be entered into.

If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reasons 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) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.

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 entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.

In the event of war, terrorism, state of emergency or disaster the Promoter reserves the right to cancel, terminate, modify or suspend the promotion subject to any written directions from the various lottery Departments.

The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, loss of profits or other indirect or consequential loss), personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this promotion, including, but not limited to, where arising 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 Conditions of Entry; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize; except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).

Entrant’s consent to the storage of their personal information on the Promoter's database and the Promoter may use this information for future Promotion, marketing and publicity purposes regarding its products, including contacting the entrant in the future for the Promoter’s or its related entity’s marketing purposes via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email or any other media including media not yet in existence unless an Entrant has advised the Promoter otherwise. Further the Entrants consent to the Promoter using the entrant's name, likeness, image and/or voice in the event they are a winner (incl. photograph, film and/or recording of the same) in any media without remuneration for the purpose of promoting this competition (including any outcome).

The Promoter reserves the right to request winners to provide proof of age, identity and residency prior to awarding any prize. Identification considered suitable for verification is at the discretion of the Promoter.

The Promoter does not necessarily adopt or endorse, and does not accept any liability for, any statements or claims that are made by any retailer or partner or associate, or website content that is posted on retailer or partner or associate sites.

The Promoter reserves the right to verify the validity of entries and entrants and to disqualify any entrant for tampering with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

The Promotion is offered in Australia only and is governed by the laws applicable in Australia. In case of any disputes, participants in the promotion consent to that jurisdiction of the courts.

NAME & ADDRESS OF LICENSEE

The Promoter is Procter & Gamble Australia Pty Ltd ABN 91 008 396 245 of Level 4, 1 Innovation Road, Macquarie Park NSW 2113, which where the context permits such as in relation to permissions, releases or indemnities, also includes each of the companies in the P&G Group throughout the world and their respective associated companies.

Authorised under permit numbers; ACT TP 11/03409 and NSW LTPS/11/07571

Metamucil Holiday Giveaway (“Promotion”)

CONDITIONS OF ENTRY

    1. Information on How to Enter and prizes form part of these Conditions of Entry.
    2. Entry into this Promotion is deemed to be acceptance of these Conditions of Entry.
        1. The Promotion is only open to individuals who:
          • are residents of Australia; and,
          • if under 18 years of age have obtained their parent or guardian’s consent to enter the Promotion on these Terms and whose parent or guardian have agreed to these Terms; and;
          • are not employees (or immediate family of such employees) of the Promoter, or any of its related corporations or any of their agencies associated with the Promotion; and
          • have not been discovered to have used or attempted to use any more than one name in order to qualify to win any contest run by the Promoter except in the case of a legal change of name; and
          • have not been discovered to have breached Conditions of Entry of previous contests run by the Promoter (“Eligible Entrants”).

      3. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child, parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.

      The persons referred to above 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 Entrant in its absolute discretion.

    3. The Entrant is responsible for ensuring his or her familiarity with the Conditions of Entry at the time of participation. The Promoter’s decision not to enforce a specific restriction does not constitute a waiver of that restriction or of the Conditions of Entry generally.
    4. All entrants acknowledge that the Promoter can rely on these Conditions of Entry even if the Promoter only learns of a person’s ineligibility after the Promoter has awarded a prize to the ineligible person. Return of a prize or payment of its equivalent value to the Promoter can be required by the Promoter if this occurs.
    5. The Promoter’s decision in relation to any aspect of the Promotion is final and binding on every person who enters. No correspondence will be entered into.
    6. All prices stated are in Australian dollars, represent the recommended retail price (“RRP”) and include GST. All references to times and dates are to times and dates in Melbourne, which may be Australian Eastern Standard Time (AEST) or Australian Eastern Daylight Saving Time (AEDST) depending on the date. All times are stated using the 24 hour clock.

      7. KEY DATES

    7. The Promotion commences 1 May 2011 and closes 30 June 2011 (“Promotion Period”). Entries will be accepted up until last mail received on 15 July 2011.
    8. The Prize draw will be conducted at Oxygen Interactive Marketing, Level 1, 16 Palmer Parade, Cremorne Victoria 3121. The Prize Draw will occur on 20 July 2011 at 11:00.
    9. The winners will be notified by telephone and mail and will have their details (initial, surname and postcode) published in The Australian newspaper on 27 July 2011.
    10. UNCLAIMED PRIZE DRAW: If a prize remains unclaimed or is forfeited for any reason the Promoter may conduct such further draws at the same place as the original draw as are necessary on 24 October 2011, in order to distribute any unclaimed prize by that date, subject to any written directions under relevant Lottery and Gaming Regulations. In the event of a winner, they will be notified by telephone and mail and their details (initial, surname and postcode) will be published in The Australian newspaper on 31 October 2011.

      11. HOW TO ENTER

    11. To enter, an Eligible Entrant must purchase any Metamucil products (excluding the Metamucil 2 week vitality pack also known as “14 sachets”) at a participating retailer during the Promotion Period (“Qualifying Purchase”) and then complete all mandatory fields on the entry form located in-store. Completed entry forms must be mailed in a standard sized, stamped envelope, together with a copy of their purchase receipt showing the Qualifying Purchase, to:

      12. Metamucil Holiday Giveaway
      PO Box 4357
      Richmond East, VIC 3121

      Entrants can submit their entry via Mail only. All claims must be received by no later than last mail received on 15 July 2011.

      ENTRANTS MUST RETAIN THE PRODUCT BARCODE(S) AND THEIR ORIGINAL PURCHASE RECEIPT(S) FOR ALL ENTRIES SUBMITTED.

      EACH ENTRY MUST RELATE TO A SEPARATE QUALIFYING PURCHASE.

      ENTRY REQUIREMENTS & VERIFICATION

    12. All entries in the Promotion may be subject to verification by the Promoter, including:
      • Entrants MUST retain their product barcode(s) and their purchase receipt(s) (evidencing their Qualifying Purchase) for all entries submitted as proof of purchase (“proof of purchase”). Entrants may be required to, within 7 days of being asked to do so, send their proof of purchase in order to validate their entry(ies). A reply paid address will be provided to entrants. Entrants must also retain a photocopy of the proof of purchase submitted for verification purposes. The Promoter recommends that Entrants send their proof of purchase via registered post, however, this is not a Condition of Entry; and
      • All Entrants MUST also deliver to the Promoter (by a means determined by the Promoter) copies of any other documents the Promoter may request establishing eligibility to enter or win, including but not limited to evidence of age, residence or identity (“additional documentation”). The Promoter may make one or more requests for such documents. Once the identity of documents available is established, an Entrant must deliver requested copies within 7 days of being asked to do so. At the Promoter's request, an Entrant MUST also, within 7 days of being asked to do so, allow the Promoter to inspect and copy the original of any such document.
      • Confirming Qualifying Purchase(s) have not been returned to the Promoter during or after the Promotion Period nor refunded by the Promoter or any of its related corporations as part a ‘Money Back’ Guarantee
    13. The Promoter may, at its absolute discretion, disqualify any Entrant/s and declare any or all entries made by an Entrant/s invalid if the Entrant/s:
      • Tampers with the entry process; or
      • Shares proof of purchase requirements in order to gain competitive advantage over other Entrants; or
      • Tampers with the operation of the Promotion; or
      • Is found to be using multiple aliases, household addresses or email addresses; or
      • Acts in a disruptive manner; or
      • Fails to establish their entitlement to enter the Promotion to the Promoter's satisfaction; or
      • Fails to produce items as required or produces items that, in the Promoter's opinion, are illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way; or
      • Acts in violation of these Conditions of Entry.

      14. ENTRY DETAILS

    14. Entrants can only enter in their own name.
    15. Post Office boxes, Private Bags, Locked Bags or Common Boxes will not be accepted as postal addresses.
    16. Entries are deemed to be received at the time of receipt of the Promoter and NOT at the time of postage (as shown on the date stamp).
    17. No responsibility will be taken for lost, stolen, damaged Proof of Purchase or late or misdirected entries.
    18. Incomplete, illegible or incorrect entries, entries which are not in the required format or which contain offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win.
    19. Errors and omissions accepted at the Promoter's discretion.

      20. PRIZE

    20. The first ten (10) valid entries randomly drawn in the Prize draw will each win a $1000 Flight Centre Gift Card.
    21. Total prize pool is valued at $10,000.

      22. PRIZE CONDITIONS

    22. The Flight Centre Gift Cards are subject to their own terms and conditions and are valid from 12 months from the issue date. These terms and conditions can be found at www.flightcentre.com.au under the gift card section.
    23. All Prizes must be taken as stated. Prizes are not transferable or exchangeable.
    24. Prizes cannot be sold, scalped, auctioned, raffled, pledged, or promoted as an incentive or reward by any third party as an inducement for any person or other entity to enter into any commercial or other arrangements with that third party. If a prize is obtained through any of these methods, it will not be honored.
    25. Prizes will be delivered to the residential address as identified by the prize winners.
    26. If a prize is no longer capable of being redeemed, the prize winners will receive a prize, as determined by the Promoter, of equivalent value (as if the original prize had been awarded to that person, less any administrative expenses incurred by the Promoter), subject to the approval of the relevant Regulatory Gaming Authorities.
    27. The Promoter and the agencies and companies associated with this Promotion take no responsibility for prizes damaged in transit, or for any delay in delivery of prizes or for the prizes becoming lost or stolen after it has been collected by and released to the prize winner(s).

      28. PRIZE WINNER

    28. A prize will only be awarded where the prize winner’s proof of purchase and, if applicable, additional documentation fulfils all of the requirements of the Promoter’s verification tests and procedures, tests and procedures are determined by the Promoter at its absolute discretion.
    29. If a winning entry selected is deemed not to comply with the terms and conditions of this Promotion, the entry will be declared invalid and a new prize winner will be determined by drawing a further valid entry.
    30. To the full extent permitted by law, the Promoter, its associated companies and agencies exclude all liability for any loss (including any damage, claim, injury, cost or expense) which is suffered or incurred by any Eligible Entrant and/or Prize winner in connection with the Promotion or prizes, including:
      • any indirect, economic or consequential loss;
      • any loss arising from the negligence of a Relevant Party;
      • any liability for personal injury or death.
    31. Entrants and/or prize winners must, if requested by the Promoter, agree to, sign and return an eligibility form confirming their compliance with the Conditions and eligibility to accept a prize if drawn. In the case of an entrants’ failure to return the signed eligibility form, releases and indemnities will result in the disqualification of that entrant from the Promotion. A reply paid address will be provided to the entrant.
    32. The prize winners must, at the Promoter’s request, participate in all promotional activity (such as publicity and photography) surrounding the winning of a prize, free of charge, and they consent to the Promoter using their name and image in promotional material.
    33. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought by winner.

      34. GENERAL

    34. Participating retailers are classified as those that advertise the Promotion in-store and where entry forms are available.
    35. Confirmation of printing errors and other quality control matters will not be used as a reason for refusing payment of a prize.
    36. Promotional materials are void if stolen, forged, mutilated or tampered with in any way.
    37. If for any reason this Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the promoter which corrupt or affect the administration security, fairness, integrity or proper conduct of this Promotion, the Promoter reserves the right to cancel, terminate, modify or suspend or recommence the Promotion, subject to the approval of the authorities that have issued permits for its conduct.
    38. The Promoter assumes no responsibility for:
      • any error, omission, interruption, or delay in the operation or transmission of any communication sent to (or by) the Promoter or any entrant whether caused by problems with communication networks or lines, computer systems, software or internet service providers, congestion on any carrier network or otherwise; or
      • any technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times; or
      • any theft, destruction or unauthorized access to, or alteration of such communications; or
      • any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Promotion; or
      • any incorrect or incomplete information which may be communicated in the course of the administering this Promotion.
    39. CAUTION: 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.

      40. PERSONAL INFORMATION

    40. All entries become the sole property of the Promoter.
    41. The information entrants provide will be used by the Promoter for the purpose of conducting this Promotion. If the personal information requested is not provided, the entrant may not participate in the promotion.
    42. The Promoter may disclose entrants' personal information to its contractors and agents to assist in conducting this Promotion and as required, to Australian regulatory authorities.
    43. Entrants can request to access, update or correct their personal information the Promoter holds about them by contacting the Promoter at the address below. Should a participant's contact details change during the Promotion Period, it is the participant's responsibility to notify the Promoter. You can view the Promoter's Privacy Policy at http://www.pg.com/privacy/english/privacy_statement.html
    44. The Promoter is bound by the National Privacy Principles in the Privacy Act 1988.
    45. The Promoter is and Procter & Gamble Australia Pty Ltd of Level 4, 1 Innovation Rd Macquarie Park NSW 2113. (A.B.N. 91 008 396 245).

Authorised under NSW Permit No. LTPS/11/01985, ACT Permit No. TP 11/00892.1, SA Permit No. T11/456, VIC Permit No. 11/500. For full terms and conditions visit www.metamucil.com.au.

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Write to us at Level 4, 1 Innovation Rd, Macquarie Park, North Ryde Sydney NSW 2113

Consumer Relations Dept,
P&G Australia Pty. Ltd.
Level 4, 1 Innovation Rd,
Macquarie Park
North Ryde Sydney
NSW 2113

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