Tonic Health Panel Member
Terms and Conditions

  1. These terms and conditions form your agreement (“Agreement”) with Tonic Health Media Limited trading as Tonic Media Network (ABN 48 147 968 885), located at Level 7, Suite 702, 10-14 Waterloo Street, Surry Hills NSW 2010 (“the Promoter”), in connection with your participation on the Tonic Health Panel. ‘Tonic Health Panel’ or ‘Panel’ refers to the online insights community project conducted primarily through the Tonic Health Panel website at www.tonichealthpanel.com.au or surveys emailed to you directly from the ‘Tonic Health Panel.’ To become a member of the Panel, individuals must follow the registration process outlined on the Tonic Health Panel website, accessible at www.tonichealthpanel.com.au (“the Website”). By completing the Participant Information Survey provided on the Website, individuals express their interest in joining the Panel and agree to abide by these Terms and Conditions and any applicable policies or guidelines. This Agreement applies to promotions, competitions, prize draws, and games of chance (“Competitions”) conducted on or through the Website. The Promoter is the sole organization benefiting from the Competition, unless stated otherwise on the Website. The Promoter reserves the right, at its absolute discretion, to exclude or disqualify entries to the Competition, including winning entries, without providing any specific grounds for doing so. Non-compliance with any provision of this Agreement may result in exclusion or disqualification
  2. In this Agreement, “Competition Schedule” refers to the schedule for different stages of a Competition, which includes entry periods, draw dates, notification dates, and publication dates. The Promoter publishes the Competition Schedule on http://www.tonichealthpanel.com.au. “End Date” denotes the concluding date for each stage of a Competition as indicated in the Competition Schedule or the published end date for each game of chance. “Prize” signifies a reward offered to winners of a stage of a Competition, as published by the Promoter on http://www.tonichealthpanel.com.au, or any alternate prizes allowed under this Agreement.
  3. Please consult the Website for the commencement and conclusion dates of any specific Competition (“Competition Period”), including individual stage entry periods, prize draw dates, notification dates, and winner publication dates.
  4. Please refer to the Website for any applicable Competition permit numbers. Each Competition will be conducted in accordance with the relevant Competition Schedule. Entries received after the End Date, regardless of the cause, whether due to the Promoter’s fault or otherwise, may not be accepted for the relevant Competition or stage. The Promoter reserves the right to make changes to any Competition or Competition Schedule. In such cases, the Promoter will make reasonable efforts to notify entrants or provide details of the changes on the Website.
  5. Prizes and their corresponding values for a Competition will be published on the Website.
  6. Participation in a Competition and the receipt of any prizes or benefits from the Promoter are open only to residents of Australia who are validly registered as members of the Website and the Tonic Health Panel online community, excluding employees, clients, and contractors of the Promoter, its related entities, and their families or employees. Entry is not available to individuals under the age of 18. By accepting any benefit, you confirm your eligibility under this clause.
  7. Eligibility criteria for entry to a stage of the Competition will be published on the Website. If entry is dependent on completing a survey, only one entry is permitted per individual for each specific survey, even if the participant completes the survey multiple times. Participants cannot use multiple email addresses or identities to submit multiple entries for a Competition or stage. The Promoter may allow participants to submit multiple entries under certain conditions, such as referring other participants to the Website. Such special conditions will be published by the Promoter on the Website for the specific Competition. Without limiting any part of this Agreement, the Promoter may disqualify an entrant if it suspects the entrant has improperly submitted multiple entries for a particular stage or manipulated their entries or the number of entries in the Competition.
  8. The Promoter may request entrants to validate any or all of their entries in the Competition at any time. Entrants may be asked to provide proof of identity, age, email address, postal address, and/or compliance with other eligibility or entry criteria. The Promoter has discretion in determining suitable identification for verification. Upon request, entrants must provide copies of the identification documents within 7 days. If requested, entrants must also allow the Promoter to inspect and copy the original documents within 7 days.
  9. The Promoter may promote and conduct Competitions involving games of chance not included in the Competition Schedule. In such cases, the Promoter will publish all relevant details and conditions related to the Competition on the Website, including entry dates, judging dates, notification dates, and criteria by which Competition entries will be evaluated. Unless specified in the conditions for the particular Competition entry, entries will be judged by appropriately qualified employees or consultants of the Promoter.
  10. Prize draws will occur at Level 7, Suite 702, 10-14 Waterloo Street, Surry Hills NSW 2010, at 10 am on the dates specified in the Competition Schedule. Winners will be randomly selected from the pool of entries for the respective stage of the Competition. Prizes will be drawn in the order indicated in the Competition Schedule.
  11. Prizes may be subject to terms and conditions issued by the manufacturer, issuer, or promoter of each individual Prize (“Prize Issuer”). By accepting a Prize, you agree to be bound by any such terms and conditions. You must use any Prize in accordance with the directions of use or terms and conditions provided by the Prize Issuer. The respective brands, trademarks, logos, corporate indicia, or intellectual property related to Prize Issuers remain their property. The promotion of a specific Prize does not imply any connection between the Promoter and the Prize Issuer, or any endorsement or approval of the Competition by the Prize Issuer.
  12. All Prizes are valued as of the start date of the Competition, and the Promoter is not responsible for any variation in prize valuation. The Promoter reserves the right to substitute an alternative prize of equivalent value to any stated Prize, at its reasonable discretion. Prizes cannot be exchanged for cash.
  13. Except as specified in Clause 17 below, the Promoter will not be liable for any loss or damage, including personal injury or property damage, resulting from your participation in the Competition, the awarding of any Prize, or the winner’s use or enjoyment of any Prize, or the inability to use or enjoy any Prize.
  14. Subject to these terms and conditions, the Promoter will have no liability to any winner if the winner fails to claim the Prize for any reason, provides incorrect information (including contact, email, or address details), or is unable to enjoy the benefit of the Prize due to reasons beyond the control of the Promoter.
  15. You warrant that all information provided by you is accurate and correct. Personal information will be collected and handled in accordance with the Promoter’s privacy policy, available for viewing at http://www.tonichealthpanel.com.au. However, your personal information may be disclosed to State and Territory lottery departments as required under the relevant lottery legislation, and winners’ names may be published.
  16. The Promoter may request that winners participate in reasonable promotional activities (such as publicity and photography) related to winning a Prize. Winners must bear the costs associated with such requests, unless they are required to travel outside their State capital city. Winners consent to the Promoter using their name, image, likeness, and/or voice in promotional material for the Competition and the Website indefinitely, including the promotion of any products manufactured, distributed, and/or supplied by the Promoter.
  17. The Promoter provides no warranties of any kind regarding any Competition or any goods and/or services offered within the Competition, including any Prize. All statutory and other warranties, guarantees, promises, or representations, whether express or implied, as to the quality, merchantability, or fitness for purpose of any such goods or services are expressly negated and excluded to the fullest extent permitted by law. This Agreement does not seek to exclude, restrict, or modify the application of all or any provisions of the Competition and Consumer Act 2010, the Australian Consumer Law, or any other statute, Act, or law of the Commonwealth of Australia or any State or Territory that cannot be excluded, restricted, or modified by law. However, if the Promoter incurs a liability to any person under such legislation, the liability is limited to the supply of equivalent goods or services or the payment of the costs of supplying equivalent goods or services.
  18. Winners will be notified by email, and the winners of each stage will be published on the Website. When feasible, Prizes will be emailed to the winners along with the notification or as soon as reasonably practicable. The Promoter accepts no responsibility for Prizes lost or damaged during transit.
  19. Winners are responsible for all costs and expenses incurred in enjoying any Prize, including travel to and from any applicable venue where the Prize may be used or located.
  20. Prizes must be claimed within the timeframe specified by the Promoter. Notification of unclaimed Prizes will be published on the Website. Unclaimed Prizes will be redrawn from the pool of entrants for the respective stage in accordance with the redraw schedule published on the Website, or if no schedule is published, within 3 months after the Notification Date. Winners of redrawn Prizes will be notified and their names will be published as specified above.
  21. This Agreement is governed by the laws of the State of New South Wales and the Commonwealth of Australia. You irrevocably submit to the non-exclusive jurisdiction of any of the courts in the State of New South Wales regarding any dispute relating to this Agreement. However, the Promoter is not prevented from commencing any proceedings against you in a court outside of New South Wales.
  22. This Agreement is personal to you, and you may not assign or transfer any of your rights under this Agreement. The Promoter may assign this Agreement, the benefits of this Agreement, or any of its rights under this Agreement at its discretion. This Agreement, together with any special conditions of entry published by the Promoter before entry, constitutes the entire agreement between you and the Promoter regarding the Competition. Each provision of this Agreement capable of having an effect after termination and each representation and warranty made in this Agreement will survive the termination of this Agreement.
  23. All inquiries or communications regarding the competition should be directed to the Promoter at the address listed above or by contacting the Promoter at 1300 856 690 or healthpanel@tonicmedianetwork.com.au . Please use these contact details to notify the Promoter of any complaints or disputes regarding the Competition or the awarding of any Prize. The Promoter will consider any complaint or dispute brought to its attention and will strive to provide a response within 10 business days. The Promoter may request further information from the participant during this time. If the parties are unable to resolve the dispute informally, the Promoter will escalate the dispute to its Data and Insights Manager for further discussion and resolution.