GOLD CLASS EXPERIENCE / THE HANGOVER (“Promotion”)

GENEPHARM (“Promoter”)
COMMENCES: 00:01 AEST 01/06/09 CONCLUDES 23:59 AEST 14/06/09 (“Promotion Period”)
CONDITIONS OF ENTRY

1. Please read through the following terms and conditions (“Terms and Conditions”). If you agree to be bound by them, please close this window and proceed by clicking the "I agree to be bound” box located on the application page of the Hairy Lemon website.

2. By clicking the "I agree to be bound” box you agree to accept these Terms and Conditions which will form a binding contract between you and Genepharm.

3. The Promotion is only open to individuals who:
I. accurately complete all of the information fields in the online application form); and
II. are residents of Australia; and
III. are aged 18 years or older, and;
IV. 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
V. have not won a prize/prizes valued either individually or collectively at more than $5,000 from the Promoter, or in any contest run by the Promoter, in the prior 12 months; and
VI. 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
VII. have not been discovered to have breached Conditions of Entry of previous contests run by the Promoter (“Eligible Entrants”).

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 and includes natural and non-natural relations (in the opinion of the Promoter).

4. The Promoter is responsible for determining whether a person is an Eligible Entrant in its absolute discretion.

5. 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.

6. 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.

7. 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.

8. 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.

KEY DATES

9. The Promotion commences 01 June 2009 at 00:01 and final entries close 14 June 2009 at 23:59 (“Promotion Period”).

10. All Prize Draws will be conducted at Prime Focus Suite 104/55 Beach Street Port Melbourne Victoria 3207.

MAJOR OR MAJOR & MINOR PRIZE DRAWS

11. The Major and Minor Prize Draws will occur on 24 June 2009 at 12:00 noon.

12. All prize winners (Minor Prize Winners and Major Prize Winners) will be notified by mail and/or email only. The Major Prize Winner will also have their details (initial, surname and postcode) published in The Australian on 21 July 2009.

13. 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 30 September 2009 at 12:00 noon, in order to distribute any unclaimed prizes by that date, subject to any written directions under relevant Victorian Lottery and Gaming Regulations. The notice and publication procedures set out in paragraph 12 will also be applied to prize winners of any unclaimed prize draws.

HOW TO ENTER

14. To enter Eligible Entrants must purchase one (1) of the Participating Products (defined in paragraph 15) from any pharmacy during the Promotion Period (“Qualifying Purchase”).

15. Participating Products include any 10, 20 or 40 Hairy Lemon packs.

16. Eligible Entrants must log on to www.hairylemon.com.au and follow the links to the Promotion website. The Eligible Entrant is required to fully complete all asterisked fields of the online entry form, including entering the last five (5) digits of the barcode printed on the product purchased and the last four (4) digits of the purchase receipt.

17. Each entry must relate to a separate Qualifying Purchased and purchase receipt.

18. ENTRANTS MUST RETAIN THE PRODUCT BARCODES AND A PHOTOCOPY OF THEIR PURCHASE RECIEPTS FOR ALL ENTRIES SUBMITTED.

19. Any costs associated with accessing the Promotion website is the Eligible Entrant’s responsibility and is dependent on the Internet service provider used. Eligible Entrants must make their entries manually using an internet browser.

ENTRY REQUIREMENTS & VERIFICATION

20. Multiple entries will be accepted subject to the following:
I. a limit of one (1) entry is permitted per household per day; and
II. a total limit of Fourteen (14) entries are permitted per household for the Promotion Period.

21. All entries in the Promotion may be subject to verification by the Promoter, including:

I. Entrants MUST retain their product barcode(s) and photocopy(s) of their 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 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 all Eligible Entrants send their proof of purchase via registered post, however, this is not a Condition of Entry; and

II. 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 Eligible 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.

22. 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:

I. Tampers with the entry process, including the use of any automated entry software or any other mechanical or electronic means that permit the Entrant to automatically enter repeatedly; or
II. Shares proof of purchase requirements in order to gain competitive advantage over other Entrants; or
III. Tampers with the operation of the Promotion or web site; or
IV. Is found to be using multiple aliases, household addresses or email addresses; or
V. Acts in a disruptive manner; or
VI. Fails to establish their entitlement to enter the Promotion to the Promoter's satisfaction; or
VII. 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
VIII. Acts in violation of these Conditions of Entry.

ENTRY DETAILS

23. Entrants can only enter in their own name.

24. Post Office boxes, Private Bags, Locked Bags or Common Boxes will not be accepted as postal addresses.

25. Entries are deemed to be received at the time of receipt in the Promotion database and NOT time of transmission by the entrant.

26. No responsibility will be taken for lost, stolen, damaged Proof of Purchase or late or misdirected entries.

27. Incomplete, illegible or incorrect entries, entries 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.

28. A reply message will appear online to let Entrants know if they have submitted a valid entry. If an entrant sends an entry with an incorrect barcode, a message will appear online to let them know that the barcode is not recognised by the database. The entrant will be asked to check the barcode and to resubmit their entry. There is an automated limit on unrecognised barcodes. An entrant may be blocked, at the discretion of the Promoter, from submitting entries once the limit has been reached.

29. Response times may vary and are subject to network coverage and availability, the number of entries received by the Promoter, and/or other technical problems.

30. Errors and omissions accepted at the Promoter's discretion.

MAJOR PRIZE

31. The first Eligible Entrant drawn in the Major Prize draw will win:

I. 1 x Greater Union Gold Class Experience issued to the Major Prize Winner valid for up thirty nine (39) people (numbers depends on the participating cinema capacity); and
II. 1 x Food and Drink Voucher valued at $2000 RRP (inc GST) to be used in conjunction with the Gold Class Experience when redeemed.

Total value of Major Prize is approximately $3,280 RRP (inc. GST)

MINOR PRIZE

32. The next 250 Eligible Entrants drawn in the Minor Prize Draw will each win 1 x double pass cinema ticket per Minor Prize Winner valid at any cinema which is screening the movie “The Hangover” and valued at $16.50 RRP (inc. GST) per person.

33. Total value of Minor Prize pool is $8,250 RRP (inc. GST)

PRIZE CONDITIONS

34. The total Promotion prize pool value of all prizes is approximately $11,530 RRP (inc. GST).

35. The Gold Class Experience will be redeemable for any Gold Class movie screenings at participating Greater Union cinemas.

36. Redemption of all cinema offerings will be subject to the applicable terms and conditions of Greater Union in respect of the Major Prize Draw and the relevant cinema selected for redemption in respect of the Minor Prize Draw.

37. Limit of one 1 x Minor Prize may be awarded per household.

38. All prizes must be taken as stated in these Terms and Conditions. Prizes are not transferable, exchangeable and are not redeemable for cash.

39. The Major and Minor Prizes do not include any travel to or from the cinema screening.

40. 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.

41. Unless expressly stated within these Conditions of Entry regarding all prizes, all other expenses become the responsibility of the winner.

42. Prizes will be delivered to the residential address as identified by the prize winners.

43. In the event for any reason a prize winner does not take an element of a prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the prize winner and cash will not be supplied in lieu of that element of the prize.

44. The Promoter is neither responsible nor liable for any change in prize value of the prizes occurring between the date of printing Promotion materials and the date the prizes are claimed.

45. Where relevant, the prize winners should look to the providers of the products and services awarded as prizes, being Village cinemas in the case of the Gold Class Experience and double pass tickets, for all warranties. These Conditions of Entry do not exclude or limit the application of any statutory provision (including a provision of the Trade Practices Act 1974) where to do so would contravene that statute or cause any part of these terms and conditions to be void.

46. 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.

47. 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).

PRIZE WINNERS

48. A prize will only be awarded where the prize winner’s proof of purchase, product barcode and additional information fulfils all of the requirements of the Promoter’s verification tests and procedures which may be determined by the Promoter at its absolute discretion.

49. 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.

50. 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 without limitation:

I. any indirect, economic or consequential loss;
II. any loss arising from the negligence of a Relevant Party;
III. any liability for personal injury or death.

51. Entrants and/or prize winners must, if requested by the Promoter, agree to, sign and return:

I. an eligibility form confirming their compliance with the Conditions and eligibility to accept a prize if drawn; and
II. a liability release, waiver and/or indemnity, in a form determined by the Promoter and in favour of the Promoter and/or any person or other entity associated with this Promotion.

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.
In the case of a prize winners’ failure to return the signed eligibility form, releases and indemnities will result in the entitlement to a prize being forfeited and a new winner being selected.

A reply paid address will be provided to the entrant/prize winner.

52. 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.

53. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought by winner.

GENERAL

54. 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.

55. The Promoter assumes no responsibility for:

I. 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, computer systems, software or internet service providers; or
II. any technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times; or
III. any theft, destruction or unauthorized access to, or alteration of such communications; or
IV. any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Promotion; or
V. any incorrect or incomplete information which may be communicated in the course of the administering this Promotion.

56. 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.

PERSONAL INFORMATION

57. All entries become the sole property of the Promoter.

58. The information entrants provide will be used by the Promoter for the purpose of conducting this Promotion. If all personal information requested is not provided, the entrant cannot participate in this Promotion.

59. All entrant’s consent to the storage of their personal information on the Promoter's database and the use by the Promoter of 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 (regardless of whether the entrant is registered on the Do Not Call Register) 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 marked the "opt-out" box on the online entry form.

60. 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.

61. Entrants can request to access, update or correct their personal information the Promoter holds about them or may request that they not receive further Promotional or marketing communications from the Promoter 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.

62. The Promoter acknowledges that it is bound by the National Privacy Principles in the Privacy Act 1988.

63. The Promoter is GENEPHARM (AUSTRALIA) LTD, of 151-153 Clarendon Street, South Melbourne, VIC, 3205 ABN 17 003 854 626.

Authorised under NSW Permit No. LTPS/09/04202; VIC Permit No. 09/1568; ACT Permit No. 09/01798; SA Permit No. T09/1037