Australia's Healthier Lunchboxes Terms and Conditions

Introduction

1. By entering this Promotion, you acknowledge that you have read these Terms & Conditions and that you agree to be bound by them.

2. This Promotion is being run by the Promoter.

3 .To contact the Promoter about this Promotion, please call (02) 8262 4300 or email admin@lifeed.org.au.

4. In these Terms & Conditions:

• Alternative Winner has the meaning given in clause 28 below;
• Content means all materials that entrants submit in the course of entering into, or otherwise participating in, this Promotion, such as images and answers to questions;
• Entry means an entry submitted in accordance with clause 9 below and otherwise in accordance with these Terms & Conditions;
• Nominated School means the school of an entrant, as nominated in their Entry;
• Prize means: (i) a Woolworths e-Gift card valued at AU$1,000 to be given to a winner; and (ii) a Woolworths e-Gift card valued at AU$2,000 to be given to the winner’s Nominated School;
• Promoter means Life Ed Australia (ABN 50 002 506 470) of Suite 101 Jones Bay Wharf, 26–32 Pirrama Road, Pyrmont NSW 2009;
• Promotion means the promotion described in these Terms & Conditions, entitled ‘Australia’s Healthier Lunchbox 2025 Promotion’;
• Promotional Period means the period from 12am AEDT on 3 February 2025 to 12am AEDT on 28 February 2025;
• State Affiliate means each of Life Education NSW Limited (ACN 053 737 045), Life Education Victoria (ACN 006 397 646), Life Education SA Limited (ACN 901 740 429) Life Ed Queensland (ACN 760 280 660) Life Education NT (ACN 464 103 612), Life Education WA (ACN 437 076 112)

and

• Woolworths means Woolworths Group Ltd (ABN 88 000 014 675).

Who can enter this Promotion?

5. Entry is only open to residents of Australia who are aged 18 years or over.

6. You are ineligible to enter if you are an employee or contract staff member (or any immediate family member of an employee or contract staff member) of the Promoter or any agency, supplier or contractor of the Promotor that is associated with this Promotion. In this clause, ‘immediate family member’ 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 first cousin.

7. The Promoter reserves the right, but shall not be under any obligation, to verify the validity of any Entry or any information provided by an entrant (including their age, identity, residential address and any other information) relevant to entry into, or participation in, this Promotion. The Promoter may, in its sole discretion (to be exercised reasonably), disqualify any individual who submits an Entry that is not in accordance with these Terms & Conditions or who provides false information, fails to provide information, conspires with others to gain an unfair advantage or who is otherwise involved in manipulating, interfering or tampering in any way with this Promotion, or has engaged in any unlawful or other improper misconduct that may jeopardise the fair and proper conduct of this Promotion. Errors and omissions may be accepted at the Promoter’s discretion. The Promoter will notify any disqualified entrant of their disqualification. A disqualified entrant may request further detail regarding their disqualification by contacting the Promoter within 48 hours of notice of disqualification. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter expressly and generally reserves all of its legal rights to recover damages or other compensation or remedy.

8. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.

How to enter

9. The Promotion will run during the Promotional Period.

10 To enter the Promotion, you must complete all of the following steps during the Promotional Period:

• Access the online entry form at https://lifeed.org.au/australias-healthier-lunchboxes/
• Follow the prompts in the entry form to register for the Promotion, including by providing the requested details (including your full name, email address and details of your Nominated School).
• Upload a photograph of your healthier lunchbox and provide a description of the contents in 25 words or less, bullet points accepted (please note the judging criteria in clause 15 below).
• Submit the fully completed entry form.

11. A person may submit multiple Entries, but only if each Entry is unique and submitted separately and in accordance with entry requirements.

12. Uploaded files must not exceed 35 MB and technical limitations only allow up to 20 images submitted in one entry.

13. Entries must be received before the end of the Promotional Period. Entries are deemed to be made at the time of receipt by the Promoter, not the time of posting or transmission by the entrant. The Promoter accepts no responsibility for any Entries not received for any reason (whether or not due to any negligence by the Promoter), including without limitation any technical errors, misdirection or misspellings.

14. Incomplete, indecipherable, or illegible Entries will be deemed invalid.

15. This is a game of skill, and chance plays no part in determining the winners. All Entries will be judged individually on their merits based on the creativity of the Entries and suitability to the entry criteria in the following three key areas:

• How healthy is the school lunchbox, using the ‘Australian Guide to Healthy Eating’ (as published by the National Health and Medical Research Council and currently available at eatforhealth.gov.au) as a guide?
• How practical is the school lunchbox to take to school each day?
• How appealing is the school lunchbox for the kids to eat?

16. The best six (6) valid Entries, as determined by the judges at their discretion, will receive a Prize. All entrants acknowledge and agree that there is an element of subjectivity in the judging criteria. All decisions by the judges will be final and no correspondence will be entered into. Entrants irrevocably agree not to challenge the results of the Promotion or any decision made by the judges.

17. Entrants agree that they are fully responsible for all Content that they submit in the course of entering into, or otherwise participating in, this Promotion. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Each entrant warrants and agrees that:

• they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem to be: (i) infringing of any intellectual property rights; (ii) in breach of any privacy laws; (iii) defamatory; (iv) obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, or objectionable with respect to race, religion, origin or gender; (v) unsuitable for children aged under fifteen (15); or (vi) otherwise unlawful or unsuitable for publication;
• the Content shall not contain viruses or cause injury or harm to any person or entity;
• they will obtain prior consent from any person, or from the owner(s) of any intellectual or other property, that appears in their Content;
• the Content is the original work of the entrant, or the entrant has obtained full prior consent from any person who has jointly created, or who otherwise has any intellectual property or others rights in, any part of the Content for all of the uses contemplated by these Terms & Conditions;
• the Content does not infringe the intellectual property or other rights of any individual or entity; and
• in submitting an Entry and otherwise participating in this Promotion, the entrant 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.

18. The Promoter may, but is not required to, screen or monitor Entries, including for compliance with the warranties in clause 17 above.

19. The Promoter will make all determinations as to the compliance and appropriateness of Entry submissions in its sole discretion acting reasonably.

Prizes

20. There will be six (6) Prizes to be won across Australia during the Promotional Period. The total prize pool value is AU$18,000.

21. The entrant of each of the six (6) best valid Entries, as determined by the judges in accordance with clause 15, will win one Prize.

22. Woolworths is responsible for issuing the Prizes but is not a promoter of the Promotion and is not responsible for the fulfilment of these Terms & Conditions.

23. Any ancillary costs associated with redeeming a gift card are not included. Any unused balance of a gift card will not be awarded as cash. Redemption of a gift card is available at participating stores only and subject to any terms and conditions of the issuer. For a list of participating stores and full terms and conditions for Woolworths e-Gift cards, visit woolworths.com.au/giftcards.

24. Any costs associated with entering this Promotion or claiming a Prize are the responsibility of the entrant and under no circumstances whatsoever may a claim be brought against the Promoter for any such costs (whether as damages, loss, expense or otherwise).

25. If a Prize (or part of a Prize) is unavailable, the Promoter, in its discretion and acting reasonably, reserves the right to substitute a Prize with an alternative prize of equal or greater value and/or specification.

26. The judging will be completed by 5pm AEDT on 19 March 2025 at Suite 101, Jones Bay Wharf, 26–32 Pirrama Road, Pyrmont NSW 2009. The Promoter’s decisions are final and no correspondence will be entered into. The judges may select additional reserve Entries, which they determine to be the next best, and record them in order, in case of an invalid Entry or ineligible entrant.

27. The Promoter will notify the winners via phone or email by 24 March 2025 AEDT, using the phone numbers and email addresses provided by the winners as part of their Entries. Winners must contact the Promoter by 5 May 2025 AEDT and otherwise follow the instructions set out in the notification to claim the Prize.

28. If, for any reason, a winner does not contact the Promoter to claim the Prize by 5 May 2025 AEDT, then the Promoter has the sole right and discretion, without the need for further notification, to select an alternative winner (Alternative Winner) and the original winner will automatically forfeit the Prize. Alternative Winners will be notified via phone or email by 12 May 2025 AEDT using the phone numbers and email addresses provided by the Alternative Winners as part of their entries. Alternative Winners must contact the Promoter by 19 May 2025 and otherwise follow the instructions set out in the notification.

29. In respect of each winner who has successfully claimed their Prize via phone or email, (using the phone number or email address that the winner provided as part of their entry), the State Affiliate of the State or Territory in which the winner resides (according to the information that the winner provided in their entry) will notify the Nominated School of the Prize.

30. If a Prize remains unclaimed or unawarded on 19 May 2025, the Promoter may dispose of a Prize as it sees fit.

31. A Prize cannot be resold (at a premium or otherwise) or advertised or offered for resale on the internet or via any other medium.

32. A Prize, or any unused portion of a Prize, is not transferable, refundable, redeemable or exchangeable and cannot be taken as cash. All taxes that may be payable as a consequence of receiving a Prize are the sole responsibility of the winner.

33. Each winner or Alternative Winner who has contacted the Promoter to claim a Prize must immediately provide a copy of these Terms & Conditions to his or her Nominated School. By agreeing to use or participate in any part of the Prize, the Nominated School agrees to be bound by these Terms & Conditions in the same manner, and to the same extent, as the winner.

General

34. By submitting an Entry, you grant the Promoter and its licensees, sub-licensees and other authorised persons a non-exclusive, irrevocable, perpetual, royalty-free, worldwide licence to use, reproduce, distribute, display, perform, redact, edit, republish, sublicense, translate, copy and create derivative works from your Entry and Content, for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media now known or hereafter developed, without any payment, compensation or further notification to or permission from you. As part of this licence, you consent to the Promoter and its licensees, sub-licensees and other authorised persons doing anything in accordance with this licence that may constitute an infringement of your moral rights (such as by not attributing you as the creator of the Entry or Content, or by altering the Entry or Content).

35. Entrants consent to the Promoter and its sponsors (including Woolworths) 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 Promotion (including any outcome) and promoting any goods and/or services manufactured, distributed and/or supplied by the Promoter or Woolworths.

36. To the extent permitted by law (including the Australian Consumer Law), the Promoter reserves the right (in its sole discretion acting reasonably) to modify, suspend, terminate or cancel the Promotion or any Prize if the 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, war, terrorism, state of emergency, pandemic or any other kind of disaster; or
• written directions from a regulatory authority.

37. Any cost associated with accessing the Promotion website is the entrant’s responsibility and is dependent on the Internet service provider used.

38. 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.

39. The Promoter reserves the right to amend the Promotion and these Terms & Conditions at any time and for any reason, and will notify entrants of any such amendments as soon as reasonably practicable. If the Promoter amends these Terms & Conditions in a way that has a material adverse impact on an entrant, up to and including on the end date of the Promotional Period, the entrant may withdraw their Entry.

40. Nothing in these Terms & Conditions limits, excludes or modifies, or purports to limit, exclude or modify, the statutory consumer guarantees as provided under the Australian Consumer Law, as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 (Cth) or similar consumer protection laws in any State or Territory of Australia.

41. The Promoter makes no express representations or warranties as to the quality, suitability or merchantability of the Prizes. The Promoter takes no responsibility in regard to the condition and/or fitness of the Prize.

42. Except for any liability that cannot by law be excluded (such as those mentioned in clause 40 above), the Promoter (including its respective officers, employees and agents) excludes all liability for any loss, damage or personal injury (whether direct, indirect, special or consequential) arising in any way out of the Promotion, including:

• any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
• any theft, unauthorised access or third party interference;
• any Entry or Prize 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;
• any variation in Prize value to that stated in these Terms & Conditions;
• any tax liability incurred by a winner or an entrant; and
• use and/or redemption of a Prize.

This limitation does not apply where the liability arises due to the gross negligence, fraud, criminal conduct or wilful misconduct of the Promoter or its affiliates.

43. To the extent permitted by law, the Promoter (including its officers, employees and agents) will not be responsible for any acts of God, acts of terrorism or war (declared or undeclared), state of emergency, disaster, technical failures, tampering, unauthorised intervention, fraud, computer viruses or other events beyond the control of the Promoter that affect the proper conduct or administration of this Promotion, or prevent the awarding of a Prize in accordance with these Terms & Conditions. If such an event occurs, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the Promotion, subject to any written directions from a relevant regulatory authority.

44. Without limiting any other part of these Terms & Conditions, each entrant (whether or not a winner) indemnifies the Promoter, its affiliates and all organisers, sponsors and other individuals and entities associated in any way with this Promotion, for any loss, claims, damages, liabilities, costs and expenses that they may incur or sustain caused by, or arising out of:

• the entrant’s participation in the Promotion and/or (if applicable) a Prize;
• any breach of these Terms & Conditions by the entrant;
• any wrongful or illegal act or omission by the entrant in the course or entering into or participating in the Promotion and/or (if applicable) using a Prize, or
• any of the warranties in clause 17 above being or becoming untrue, inaccurate or incorrect,

except to the extent that any such loss, claims, damages, liabilities, costs or expenses are caused by the gross negligence, fraud, criminal conduct or wilful misconduct of the Promoter or its affiliates.

45. The Promoter collects personal information in order to conduct its business and the Promotion and may, for this purpose, disclose such personal information to third parties, including but not limited to agents, contractors, service providers, State Affiliates, like-minded organisations not affiliated with the Promoter, Woolworths and, as required, to Australian regulatory authorities. Entry is conditional on the entrant providing their personal information as required by these Terms & Conditions and if entrants do not provide such personal information they will not be eligible to enter this Promotion. The Promoter will otherwise collect, hold, use, disclose and handle personal information as set out in its Privacy Policy, which can be viewed at https://lifeed.org.au/footer/privacy-policy/. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period and unless otherwise advised, use the personal information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant, and by entering the Promotion the entrant gives their express consent to the use of their personal information for these purposes. The Promoter’s Privacy Policy also contains information about how entrants may opt out of marketing communications, how entrants may access, update or correct their personal information, how entrants may complain about a breach of the Australian privacy laws or any other applicable law, and how those complaints will be dealt with. All Entries become the property of the Promoter. The Promoter will not disclose the entrant’s personal information to any entity outside of Australia. An entrant may opt out of their personal information being disclosed to third parties as set out in this clause by contacting the Promoter.

46. The laws of New South Wales, Australia apply to this Promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of New South Wales, Australia.