TERMS AND CONDITIONS

WEIGHT WATCHERS HEALTHY LIFE AWARDS 2009 – SLIMMER OF THE YEAR INDIVIDUAL, FAMILY OF THE YEAR, PEOPLE'S CHOICE AWARDS 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 13/07/09. Entries close 11:59pm AEST on 18/09/09 ("Promotional Period").
  3. Entry is only open to Australian and New Zealand residents who are current members of Weight Watchers and who have achieved a goal weight within a healthy weight range following either the POINTS® Plan, Core Plan™ or Satisfaction™ Plan at a registered Weight Watchers Meeting Program, or via an At Home Program, Men's Program, or Online Subscription ("Eligible Members").
  4. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter.
  5. 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 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, upload one "before" photo and up to two (2) "after photos" of themselves, and select the categories in which they intend to nominate themselves. Eligible Members are permitted to enter multiple categories, but must only enter categories in which they are eligible.
  6. There will be six (6) categories ("Categories") that are available for nomination are as follows:
    • (a) 3-15kg weight loss;
    • (b) 16-40 kg weight loss;
    • (c) 41kg and over weight loss;
    • (d) Best Health Improvement – for Eligible Members who have had a significant improvement in their health;
    • (e) Maintenance – For Eligible Members who have maintained their weight loss for 12 months or more; and
    • (f) Family of the Year – For Eligible Members who have influenced a healthier lifestyle in their family.
  7. Eligible Members may also elect to nominate themselves for the "People's Choice Award". To do so, Eligible Members must, once their entry is complete, click the link on the entry form, complete the requested details, and submit the fully completed entry form. 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 Clause 19.
  8. The Promoter will also donate AUD$1 to the Australian Breast Cancer Foundation or NZD$1 to The New Zealand Breast Cancer Foundation, respectively, for each kilogram of weight registered as lost by each Australian or New Zealand Eligible Member, respectively, on each entry received during the Promotional Period.
  9. 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.
  10. Incomplete or indecipherable entries will be deemed invalid.
  11. Only one entry permitted per Eligible Member.
  12. 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 in each Category (except Family of the Year), based on the merit of their answers relating to lifestyle change, individual story, weight loss amount, and physical transformation. Entries will be divided into the following regional groups ("Regions"): NSW/ACT, SA/NT, VIC/TAS, QLD, WA, NZ — North Island and NZ — South Island. The judges will select the best entry in each Category (except Family of the Year) in each Region, who will be deemed as "Semi—Finalists". For the avoidance of doubt, there will be five (5) Semi—Finalists in each Region. Semi—Finalists will then be required to attend an 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; NZ North Island and NZ South Island – Auckland. The Promoter will provide Semi— Finalists with one (1) night's accommodation and return flights (if required) to attend the Region capital city interview up to the value of AUD$1,500. Subject to booking and flight availability. If a Semi—Finalist resides in the Region capital city the flights and accommodation component will not be offered and the Semi—Finalist will be responsible for their own travel to and from the interview. Each Semi—Finalist will also be awarded with either one dozen (12) roses from Roses Only (for female Semi—Finalists) or a Fruit Only Hamper from Roses Only (for male Semi—Finalists).
  13. Based on the results of these interviews, the judges will then select the best Semi—Finalist from each of the five (5) Regions in Australia, who will be deemed as "Finalists". For the avoidance of doubt, there will be five (5) Finalists in Australia total. Australian Finalists will be required to attend a second interview, to be held in Sydney, NSW during October 2009. The Promoter will provide Finalists with four (4) night's accommodation and return flights to Sydney (if required) to attend the interview up to the value of AUD$3,500. Subject to booking and flight availability. If a Finalist resides in Sydney, NSW the flight component will not be offered and the Finalist will be responsible for their own travel to and from the interview. The judges will then select the best Finalist, from Australia, to be deemed as the Australian Slimmer of the Year. In New Zealand, the New Zealand Slimmer of the Year will be selected from the pool of ten (10) Semi—Finalists. There will be no Finalists awarded in New Zealand. The best Semi—Finalist from New Zealand, as determined by the judges, will be deemed the New Zealand Slimmer of the Year.
  14. Australian Finalists will each be awarded the prizes as follows: 1 x AUD$500 Ultraceuticals Prize Pack; 1 x either one dozen (12) roses from Roses Only (for female winners) or a Fruit Only Hamper from Roses Only (for male winners); 1 x trip for 2 people to Sydney, NSW to attend the Healthy Life Awards event on 18/11/09, including return economy airfares (if required), 1 nights accommodation, AUD$750 Events Clothing wardrobe, make up by Napoleon Perdis, and hair styling by Joh Bailey; and 1 x AUD$250 Napoleon Perdis prize pack.
  15. Leaders of Australian Finalists and the New Zealand Slimmer of the Year (if applicable) will each be awarded the following prizes: 1 x either one dozen (12) roses from Roses Only (for female leaders) or a Fruit Only Hamper from Roses Only (for male leaders); 1 x trip for 1 person to Sydney, NSW to attend the Healthy Life Awards event on 18/11/09, including return economy airfares (if required) and 1 nights accommodation; and 1 x AUD$150 Napoleon Perdis prize pack. Leader of Australian and New Zealand Slimmer of the Year winners will also receive a AUD$1000 wardrobe from Events Clothing.
  16. The New Zealand Slimmer of the Year winner will be awarded the prizes as follows: 1 x AUD$250 Napoleon Perdis prize pack; 1 x either one dozen (12) roses from Roses Only (for female winner) or a Fruit Only Hamper from Roses Only (for male winner); 1 x trip for 2 people to Sydney, NSW to attend the Healthy Life Awards event on 18/11/09, including return economy airfares, 1 nights accommodation, AUD$1750 Events Clothing, wardrobe, AUD$500 Ultraceuticals gift pack, make up by Napoleon Perdis, and hair styling by Joh Bailey; and 1 x trip for 2 adults to Hawaii, USA including return economy class airfares and 7 nights accommodation at the Waikiki Beach Marriot Resort & Spa valued at up to AUD$7,500 depending on date and point of departure.
  17. The Australian Slimmer of the Year winner will be awarded the prizes as follows (in addition to the prizes received as a Finalist): 1 x AUD$1000 wardrobe from Events Clothing, AUD$500 Ultraceuticals gift pack, 1 x trip for 2 adults to Hawaii, USA including return economy class airfares and 7 nights accommodation at the Waikiki Beach Marriot Resort & Spa valued at up to AUD$7,500 depending on date and point of departure.
  18. 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, weight loss amount, and physical transformation, as well as the merit of the answers provided to the additional questions relating specifically to that category, as stipulated in the entry form. The best entry, as determined by the judges, will be deemed the winner of the Family of the Year award. The judges may, in their absolute discretion, select up to five (5) further entries to receive a high commendation award.
  19. All entries received in the "People's Choice Award" competition will be subjected to a public vote. Voting will commence 13/08/09 and close 11:59pm AEST on 01/11/09 ("Voting Period"). To vote, individuals must, during the Voting Period, visit either www.healthylifeawards.com.au or www.healthylifeawards.co.nz, follow the prompts to the People's Choice Award page and vote for their favourite Eligible Member. Multiple votes are permitted however a voter may only vote for each Eligible Member once.
  20. After the conclusion of the Voting Period the Eligible Member with the highest number of recorded votes will be deemed the 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: "How has your new lifestyle allowed you to be full of 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.
  21. The winner of the People's Choice Award will receive the following prizes: 1 x AUD$500 Ultraceuticals Prize Pack; 1 x AUD$500 wardrobe from Events Clothing; 1 x double pass to attend the Healthy Life Awards event in Sydney, NSW on 18/11/09 and 1 nights accommodation. Winner will be responsible for their own travel to and from the event venue.
  22. All winners of prizes will be notified by telephone and mail. The Promoter's decision is final and no correspondence will be entered into.
  23. 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 or the People's Choice winner, but is under no obligation to in this regard. Prizes will be determined by the Promoter in its absolute discretion. Prizes may be subject to additional conditions upon their use which will appear in these Terms and Conditions and winners agree to abide by the conditions. If any winner refuses to accept these additional conditions the Promoter may, in its absolute discretion, refuse to award the prize to the winner.
  24. 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.
  25. 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.
  26. 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.
  27. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
  28. As a condition of entry, all Eligible Members agree to the following:
    • (a) When you submit any materials via the promotion including comments, recordings and images ("Content"), you, 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. You agree not to assert any moral rights in relation to such use. You warrant that you have the full authority to grant these rights.
    • (b) You agree that you are fully responsible for the Content you 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. You warrant and agree that: (i) you 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) you will obtain prior consent from any person or property that appears in your Content; (iii) you 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) your Content shall not contain viruses or cause injury or harm to any person or entity; and (v) you 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.
    • (c) Without limiting any other terms herein, you indemnify the Promoter for any breach of the above terms.
  29. 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.
  30. 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 Eligible Member; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
  31. 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.
  32. Except for any liability that cannot be excluded by law, the Promoter (including its 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, 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 Terms and Conditions; (e) any tax liability incurred by a winner or Eligible Member; (f) use of a prize; or (g) if the Healthy Life Awards event is cancelled for any reason beyond the reasonable control of the Promoter.
  33. 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.
  34. The Promoter is Fortuity Pty Ltd trading as Weight Watchers (ABN 55 007 148 683) of Level 6, 1 Pacific Highway, North Sydney, NSW 2060 Australia.

WEIGHT WATCHERS HEALTHY LIFE AWARDS 2009 – 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 13/07/09. Entries close 11:59pm AEST on 18/09/09 ("Promotional Period").
  3. Entry is only open to businesses operating in Australian and New Zealand that have implemented a Weight Watchers At Work program ("Eligible Businesses").
  4. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter.
  5. To enter, an authorised representative 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 that 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 their answers relating to the whole company's success and support of the Weight Watchers At Work program.
  10. The best entry, as determined by the judges, will be named the "Weight Watchers Healthy Life Awards 2009 Workplace of the Year". The judges may, in their absolute discretion, select up to four (4) further entries to receive a high commendation award.
  11. All winners will be notified by telephone and mail. The Promoter's decision is final 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 in this regard. Prizes will be determined by the Promoter in its absolute discretion.
  12. As a condition of entry, all Eligible Businesses agree that: (a) With regards to any materials submitted via the promotion including comments, recordings and images ("Content"), unless the Promoter advises otherwise, the Eligible Business grants the Promoter, its affiliates and sub—licensees a non—exclusive, royaltyfree, 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 Eligible Business warrants that its employees agree not to assert any moral rights in relation to such use. The Eligible Business warrants that it have the full authority to grant these rights. (b) 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 Eligible Business warrants and agrees that: (i) its authorised representative 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 authorised representative of the Eligible Business will obtain prior consent from any person or property that appears in any submitted Content; (iii) the authorised representative of the Eligible Business 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. (c) 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, 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. Except for any liability that cannot be excluded by law, the Promoter (including its 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, 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 Terms and Conditions; (e) any tax liability incurred by a winner or Eligible Business; or (f) use of any prize.
  15. 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.
  16. The Promoter is Fortuity Pty Ltd trading as Weight Watchers (ABN 55 007 148 683) of Level 6, 1 Pacific Highway, North Sydney, NSW 2060 Australia.

WEIGHT WATCHERS HEALTHY LIFE AWARDS 2009 – COMMUNITY 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 13/07/09. Entries close 11:59pm AEST on 18/09/09 ("Promotional Period").
  3. Entry is only open to any community groups, including, but not limited to, individuals, schools and non—profit organisations operating in Australia that nominate themselves or are invited by the Promoter to enter ("Eligible Organisations").
  4. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter.
  5. To enter, an authorised representative of an Eligible Organisation 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 Organisation 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 Organisations and to disqualify any Eligible Organisation that 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 Organisation.
  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 their answers relating to the communities healthy lifestyle initiative/program, including its contribution to long—term lifestyle benefits.
  10. The best entry, as determined by the judges, will be named the "Weight Watchers Healthy Life Awards 2009 Community of the Year". The judges may, in their absolute discretion, select up to four (4) further entries to receive a high commendation award.
  11. All winners will be notified by telephone and mail. The Promoter's decision is final 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 in this regard. Prizes will be determined by the Promoter in its absolute discretion.
  12. As a condition of entry, all Eligible Organisations agree that: (a) With regards to any materials submitted via the promotion including comments, recordings and images ("Content"), unless the Promoter advises otherwise, the Eligible Organisation grants the Promoter, its affiliates and sub—licensees a non—exclusive, royaltyfree, 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 Eligible Organisation warrants that its employees agree not to assert any moral rights in relation to such use. The Eligible Organisation warrants that it have the full authority to grant these rights. (b) The Eligible Organisation 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 Eligible Organisation warrants and agrees that: (i) its authorised representative 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 authorised representative of the Eligible Organisation will obtain prior consent from any person or property that appears in any submitted Content; (iii) the authorised representative of the Eligible Organisation 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 Organisation 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. (c) Without limiting any other terms herein, the Eligible Organisation 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, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any Eligible Organisation; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
  14. Except for any liability that cannot be excluded by law, the Promoter (including its 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, 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 Terms and Conditions; (e) any tax liability incurred by a winner or Eligible Organisation; or (f) use of any prize.
  15. 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 Organisation. Authorised representatives should direct any request to access, update or correct information to the Promoter. All entries become the property of the Promoter.
  16. The Promoter is Fortuity Pty Ltd trading as Weight Watchers (ABN 55 007 148 683) of Level 6, 1 Pacific Highway, North Sydney, NSW 2060 Australia.

WEIGHT WATCHERS HEALTHY LIFE AWARDS 2009 — VOTING GAME OF SKILL 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. 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.
  3. Promotion commences 31/08/09 and closes 11:59pm AEDST on 01/11/09 ("Promotional Period").
  4. To enter, 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, who they voted for 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 and place of residence) 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.
  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 the case requires) each Sunday from 06/09/09 to 01/11/09 inclusive. 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 telephone and mail.
  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, as determined by the judges, will each win a AUD$50 Myer gift card for Australian residents or a NZ$50 Farmers gift card for New Zealand residents.
  12. Following the conclusion of the final Round, all winning entries from each Round will be rejudged and the best overall entry, as determined by the judges, will win a double pass to attend the Healthy Life Awards event in Sydney, NSW on 18/11/09 and 1 night's accommodation at the Sir Stamford, Circular Quay. Winner will be responsible for their own travel to and from the event venue. Winner may be required to present credit card at time of accommodation check in.
  13. 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.
  14. 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.
  15. 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.
  16. 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.
  17. The Healthy Life Awards event double pass prize is subject to the event venue and any pass terms and conditions, including any applicable age restriction. The Promoter and event organizers hereby expressly reserve the right to eject any winner (and/or his/her companion) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.
  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. Except for any liability that cannot be excluded by law, the Promoter (including its 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, 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 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.
  24. 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.
  25. The Promoter is Fortuity Pty Ltd trading as Weight Watchers (ABN 55 007 148 683) of Level 6, 1 Pacific Highway, North Sydney, NSW 2060 Australia.