Terms & Conditions

 

In these terms and conditions, unless the context otherwise requires:

 

1)           DEFINITIONS

 

• Elanco: means Elanco Australasia Pty Ltd (ABN 64 076 745 198) of Level 3, 7 Eden Park Drive, Macquarie Park, NSW 2113, Australia.  A reference to Elanco includes its officers, employees and agents).
• Eligible Elanco Product(s): means Elanco animal health products that are eligible to earn points under the Program, as notified by Elanco from time to time.
• Participant(s): means any producer or reseller customer who is eligible to participate in the Program.
• Program or Promotion: means the Elanco Rewards Program.
• Program Website: means the website located at URL http://www.elancorewards.com.au.
• Promotion Points: means points awarded to a participant in the Program for specific promotion dates and criteria. Promotion points cannot be used to redeem in the Reward Catalogue.
• Reward Catalogue: means the reward catalogue for the Program that is available on the Program Website.
• Standard Points: means points awarded to a participant in the Program . Standard points can be used to redeem in the Reward Catalogue.
• Status Points: means points awarded to a participant in the Program to qualify for the reward. Status points cannot be used to redeem in the Reward Catalogue.

 

2)           ACCEPTANCE OF TERMS AND CONDITIONS

• The information contained on the Program Website and this schedule form part of these terms and conditions.
• Registration and participation in the Program means automatic acceptance of the terms and conditions outlined in this schedule and any other application terms and conditions (“Terms and Conditions”).

3)           ELIGIBLE PARTICIPANTS

• Participation in the Program is free and open to all eligible participants.
• Participants must be over the age of eighteen (18) years and be a producer or reseller customer of Elanco.

4)           PROGRAM PERIOD

The Program Period is date of Program start: 16 January 2023 ongoing (“Program Period”).

5)           SUSPENSION, CANCELLATION OR VARIATION OF THE PROGRAM AND PARTICIPANT PARTICIPATION

• Elanco may terminate a participant’s ability to participate in the Program without notice for any reason including, without limitation if the participant:
• Elanco may add to, vary, cancel or revoke or discontinue the Program in whole or in part at any time at their discretion without prior notice. Elanco will not be liable for the suspension or termination of the Program or any participant’s account whatsoever including (without limitation) for any Points balance in a participant’s account at the time of suspension or termination.  Elanco will provide as much notice as possible by posting details of any changes to the Program on the Program Website and notify participants directly where relevant.
• A participant may terminate their participation in the Program at any time by giving written notice to Elanco.
•  

• Does not comply with these Terms and Conditions.
• Abuses any privilege accorded to the participant under the Program.
• Does not earn Points or leaves an account inactive for a period of 24 months or more.
• Supplies any misleading information or makes any misrepresentations to Elanco.

6)           EARNING POINTS

• Standard, Promotion & Status Points are awarded to individual registered participants.
• Standard, Promotion & Status Points awarded to participants will correlate directly to their individual sale of Eligible Elanco Product under the Program. Sales cannot be aggregated or transferred between participants. Any breach of this term will result in disqualification from this Program and all future programs, for all participants involved, and all Points will be forfeited.
• Participants may register for the Elanco Program throughout the Program Period. Participants will receive Points from the date of registration for purchases from Elanco and Elanco Distributors.
• Elanco reserves the right to reclaim and/or recover any Points or equivalent cash value of rewards in the case of overstatement of sales or performance.  
• Participants will not be able to backdate Points for purchases outside the above periods.
• In the case of missing Elanco sales data in the Program, Elanco Rewards may consider manually reprocessing identified missing sales data. The missing sales data must be identified by the affected participant with Elanco Invoice or Distributor Invoice information as proof of purchase. All missing data reprocessing requests must be submitted within 60 days of the invoice date of the relevant sales.
• Elanco will not be responsible for performance that is detrimentally affected by Eligible Elanco Product availability for any reason.

7)           POINTS EXPIRY

• All Points in the Program have a Point expiry period of 24 months from the date of issue.
• It is the participant’s responsibility to be aware and manage their Points and any Points expiry.
• Any Points that expire cannot be renewed or reactivated to the participant’s account.
• Points cannot be transferred to other accounts and are to remain in the participant’s account where the Points were earned.

8)           REWARDS & REWARD REDEMPTION

• The rewards available at any time are set out in the Reward Catalogue and can only be redeemed via the Program Website.
• Rewards and Eligible Elanco Products are subject to availability. Elanco reserves the right to change the Eligible Elanco Products, rewards and Points required at any time. Reward Point values are set by Elanco and may not be altered.
• Elanco may, for any reason and in its sole and absolute discretion, substitute any reward for an alternate reward which Elanco determines to be of equal or approximately equal monetary value.
• A participant may only claim a reward if they have sufficient Points at the time of the claim.
• While every effort will be made to process and deliver rewards within 28 business days of the redemption taking place, some delays may be experienced during holiday and peak consumer activity periods.
• No buy in or part payment from participants for rewards will be permitted.
• Any dispute concerning rewards received under the Program will be settled between the participant and the merchant and/or supplier that supplied the reward. Elanco and its agents will take no responsibility for resolving such disputes or for the dispute itself.
• Elanco and its agents are not responsible for lost or stolen rewards, vouchers or tickets including during the course of delivery.
• Rewards and redeemed rewards are not exchangeable for other rewards, refundable, replaceable or transferable for cash or credit under any circumstances. Redemptions cannot be cancelled or changed once they have been made.
• If the participant is unable or unwilling for any reason to redeem or otherwise accept a Reward, that participant will not receive the reward and such reward will be deemed forfeited without recourse to Elanco.
• No cash payment will be given for any unused Points.
• Participants can claim rewards by logging onto the Program Website www.elancorewards.com.au and navigating to the rewards redemption area at any time during the duration of the Program however all rewards must be redeemed within one (1) month after the conclusion of the Program (where relevant).

9)           PRIVACY AND INFORMATION COLLECTION / DATA PROTECTION

• Elanco’s Privacy Notice can be viewed at www.privacy.elanco.com or on the Program Website.
• The information submitted to Elanco for the Program and to claim a reward contains data that allows a participant to be identified, including name, address, e-mail, phone number (“Personal Information”).
• Elanco will process the Personal Information to administer the Program and to provide the rewards. Elanco will only pass the Personal Information to its agents (including outside the European Economic Area) in accordance with Elanco’s Privacy Notice.
• By participating in the Program and providing Elanco with Personal Information a participant consents to use of the Personal Information.
• If a participant does not wish information about them to be used for future promotional, marketing and publicity purposes, or if a participant seeks to access, update or correct this information, queries should be directed to info@elancorewards.com or on the Program hotline 1800 841 603.

10)        TAX LIABILITY

• Elanco does not accept any liability or responsibility for any Commonwealth Fringe Benefits Tax, State Payroll Tax or any other tax liability of any kind (“tax”) which is or may be imposed in relation to rewards won under this promotion by a participant. Any tax liability in connection with prizes won, including, but not limited to, supplementary travel or benefits enjoyed by the participant but not provided by this Program, will remain the responsibility of the participant and not Elanco.
• It is the responsibility of the participant and/or its respective dealerships and not Elanco, to declare and pay any tax to the Australian Taxation Office. The participant indemnifies and agrees to keep Elanco indemnified from any liability for any tax and any interests, penalties or costs in connection with any tax or any breach by the participant with the terms of this clause.

11)        DISCLAIMERS

Elanco and its agents:

• Make no express or implied warranty or representation in connection with the rewards (including with respect to type, quality, and standard of fitness for any purpose).
• To the fullest extent permitted by law, are not liable for any loss, damage or injury whatsoever (including direct, indirect and consequential loss or damage) incurred by the participant or any other person or their animals arising as a result of or in connection with a Reward or the Program.

Elanco and its agents’ liability is limited to:

• Where the reward constitutes goods, replacement or repair of the goods or payment of the cost of replacing or repairing the goods;
• Where the reward constitutes a service, supplying the service again or payment of the cost of having the service supplied again;
• Rewards may only be returned if damaged during delivery or faulty. If a reward is covered by a manufacturer’s warranty and requires service, a participant must contact the manufacturer named in the warranty information;

12)        LIMITATION OF LIABILITY

Except for any liability that cannot be excluded by law (including non-excludable guarantees under applicable consumer protection laws), Elanco (including its officers, employees and agents) excludes all liability for any cost, expense, loss, damage or personal injury whatsoever (including but not limited to loss of opportunity and loss of profits) whether direct, indirect, special or consequential (“Loss”), arising in any way out of the Program, including, but not limited to, where such liability may arise out of the following:

• any technical difficulties or equipment malfunction (whether or not under Elanco’s control);
• any theft, unauthorised access or third party interference;
• any entry or reward claim that is late, lost, altered, damaged or misdirected (whether or not after its receipt by Elanco) due to any reason beyond the reasonable control of Elanco;
• any variation in reward value to that stated in the Terms and Conditions;
• any tax liability incurred by a participant; or
• use of the reward by a participant and any accompanying person or any other person,

even when such Loss was reasonably foreseeable, and whether arising from breach of contract, tort, negligence, breach of statutory duty or otherwise.

13)        CHANGES TO THESE TERMS AND CONDITIONS

Elanco may change these Terms and Conditions at any time. Participant agrees that they are bound by any change when they first register into the Program. Changes may include, but are not limited to, the following:

• rewards available;
• how participants earn Points;
• how participants can redeem Points;
• number of Points required to obtain a reward;
• number of Points awarded and Point conversion rates;
• how Points are accrued in each account and for the period of time Points can be redeemed;
• any promotion, events and trip details.

14)        GENERAL

Participants are solely responsible for any government tax, duty or other charge imposed by law in respect of the Program, the participant’s participation in the Program, any Points acquired or redeemed or any other transaction within the Program.

All questions or disputes regarding eligibility for the Program or the eligibility of Points for accrual or redemption of rewards will be resolved by Elanco at its sole discretion. Any such questions or disputes must be brought to Elanco’s attention and resolved within 6 months.

15)        FINAL DECISION

In the event of a dispute of any kind regarding the Program, Points, rewards or these Terms and Conditions, Elanco will be the sole and final arbitrator. Its decision will be final and no correspondence will be entered into.

16)        WAIVER

Waiver of any provision of, or right under, these Terms and Conditions:

• must be in writing signed by the party entitled to the benefit of that provision or right; and
• is effective only to the extent set out in any written waiver.

17)        SEVERABILITY

Part or all of any provisions of these Terms and Conditions that are illegal or unenforceable may be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions continue in force.

18)       JURISDICTION

These Terms and Conditions are governed by the laws of New South Wales, Australia and any dispute arising out of or in connection with them will be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.