1.1 These Terms and Conditions contain the entire understanding and agreement (“Agreement”) between the Promoter and the Claimant in relation to the Pharmacy Sleep Services Sleep Test Promotion (“Promotion”). 1.2 Entry into the Promotion is deemed to be an acceptance of these Terms and Conditions by the Claimant. 2. Promotional Period 2.1 The Promotion commences at 09.00am AEST on 30 January 2024 and ends at 11:59pm AEST on 31 March 2024 (“Promotional Period”). Subject to clause 4.5, all Vouchers must be redeemed by 14 April 2024. 3. Eligibility and Participation 3.1 The Promotion is only open to individuals who are Australian residents, aged 18 years and above, and have completed the Stop-Bang and Epworth questionnaires on the PSS website or at a participating pharmacy (“Claimant”). 3.2 Corporations, companies, body corporate bodies, groups, organisations and any other corporate bodies and non-corporate bodies are not eligible to participate. 3.3 Employees and their immediate families of the Promoter and of Promoter’s retail partners and agencies associated with this Promotion are ineligible to participate in the Promotion. Immediate family means any of the following: spouse, de-facto spouse, child, step-child (whether natural or by adoption), parent, stepparent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, stepsister or first cousin. 4. Claiming Process 4.1 To enter, Claimants must submit an Entry by going to the PSS website www.pharmacysleepservices.com.au or a participating pharmacy www.pharmacysleepservices.com.au/homepage/find-a-store.html during the Promotional Period, and completing both the Stop-Bang and Epworth questionnaires. 4.2 If the Claimant’s result from the questionnaires indicate the Claimant is at risk of obstructive sleep apnoea (“Threshold”), the Claimant will receive a voucher which the Claimant can use to redeem a $50 discount off a PSS Level 3 home sleep test (“Voucher”) at participating pharmacies www.pharmacysleepservices.com.au/homepage/find-a-store.html 4.3 The Voucher may only be redeemed once and is not valid in conjunction with any other offer. 4.4 The Voucher cannot be redeemed for cash, transferred or exchanged for any other product or services. 4.5 Vouchers may be redeemed after the date in clause 2.1 where the Claimant needed re-testing because insufficient sleep data was recorded during the first test, due to a fault with the sleeping test device. 5. Liability and Indemnity 5.1 To the extent permitted by law, the Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email to be received by the Promoter on account of technical problems or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to the Claimant’s or any other person’s computer related to or resulting from participation or downloading any materials in connection with this Promotion. 5.2 CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR THE INFORMATION ON A WEBSITE, OR TO OTHERWISE 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. 5.3 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 2010 (Cth), as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 (Cth) or similar consumer protection laws in the State and Territories of Australia (Non-Excludable Guarantees). 5.4 Despite anything to the contrary, but subject to the Non-Excludable Guarantees, neither the Promoter nor the Claimant will be liable under these Terms and Conditions for any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. 5.5 A party’s liability for any liability in relation to these Terms and Conditions will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other party, including any failure by that other party to take reasonable steps to mitigate its loss. 5.6 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, acting reasonably, to the fullest extent permitted by law: a) to disqualify any Claimant; or b) to modify, suspend, terminate or cancel the Promotion (or any part of the Promotion), as appropriate. 6. Privacy 6.1 By entering this Promotion, each Claimant is taken to consent to Philips collecting the Claimant’s personal information (“PI”) including name, phone number, email address, Epworth and StopBang scores. The Promoter’s collection, use and disclosure of personal information is in accordance with the Philips Privacy Policy (available at www.philips.com.au/privacypolicy). The Promoter collects PI in order to conduct the Promotion, and may for this purpose, disclose PI to the participating pharmacy nominated by the Claimant. If the Claimant does not consent, the Promoter will not be able to conduct the Promotion or provide a Voucher for the Claimant. 7. General 7.1 Neither party will be liable for any delay or failure to perform their respective obligations under these Terms and Conditions if such delay or failure is caused or contributed to by an event outside of its reasonable control, including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic. 7.2 If any provisions of these Terms and Conditions are held to be illegal, void, invalid or unenforceable under the applicable laws of any jurisdiction, the legality, validity and enforceability of the remainder of these Terms and Conditions in that jurisdiction is not affected. If any invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the intention of the parties. 7.3 In the event of a dispute, the Claimant must contact the Promoter and attempt to resolve the dispute in good faith. If the matter can’t be resolved, either party may refer the matter to a mediator. The costs of the mediation will be shared equally between the parties. 7.4 These Terms and Conditions will be interpreted in accordance with the laws of New South Wales, Australia. This Promotion shall be governed by and construed in accordance with the laws of New South Wales, Australia. 7.5 Unless the contrary intention appears, a reference in these terms or in any advertisement relating to the Offer is relating to Australian dollars, dollars, AUD$ or $ is a reference to the lawful currency of Australia. 7.6 These Terms and Conditions may be amended or replaced from time to time if required by any regulatory authority.
The Promoter is Philips Electronics Australia Limited (ABN 24 008 445 743) of 65 Epping Rd, North Ryde, NSW 2113 (“Promoter”).
For more information about this Promotion visit www.pharmacysleepservices.com.au
1. Terms and Conditions