PediaSure^® Terms & Conditions

PEDIASURE® 3+ AWARENESS CAMPAIGN TERMS & CONDITIONS 

SECTION 1: CAMPAIGN TERMS AND CONDITIONS 

1. This PediaSure® 3+ Awareness Campaign (“Campaign”) is operated by Abbott  Laboratories South Africa (Pty) Ltd (hereinafter “Abbott” or “we” or “us” as the context may  require).  
2. These terms and conditions (“Terms”) govern the operation of the Campaign and  participants (hereinafter “Participants” or “you” as the context may require) participation in  the Campaign. 
3. Only permanent residents and citizens of South Africa who are 18 (eighteen) years and older and in possession of a valid South African identity book (“Participants”) shall be eligible to  participate in this Campaign. Employees of Abbott or any Abbott distributor/wholesaler shall  not be permitted to participate in this Campaign.  
4. In accessing the Campaign’s website (“Website”), Participants agree to (i) these Campaign  Terms (ii) the Website Terms and Conditions (Section 2) and (iii) the Privacy Policy (Section  3). 
5. Abbott reserves the right to, at any time, suspend or terminate the Campaign without any  liability to any Participant(s). 
6. To enter this Campaign, Participants are required to: 
   
   a. Register on the PediaSure^® 3+ site at https://za.pediasure.abbott/growth-program-r50-off and enter their  name, surname, email address and child’s age, weight and height (collectively the  “Data”) 
   b. The completed registration will enter the Participant in the Campaign and will constitute  one entry (“Entry”).
   
   Participants are not permitted to register more than once and to create multiple Entries.  Multiple Entries shall automatically be deemed null and void and Abbott reserves the  right to terminate a Participant’s participation under Section 7 below. 

7. By participating in the Campaign, Participants agree and consent to their Data being  captured and used by Abbott for those purposes as set out in the Privacy Policy.  
8. Abbott reserves the right to, at any time, unilaterally terminate a Participant’s participation  as a result of a Participant’s breach of these Terms. 
9. Participants are not required to purchase any PediaSure^® 3+ product in order to participate  in the Campaign.  
10. The Campaign commences on the 1^st of January 2024 and will close midnight on the 31^st of January 2025, at 12:00 am (the “Closing Date”). Any Entry created after the Closing  Date will be deemed null and void. Abbott shall not be liable to Participants as a result of  Entries failing to be created or being created late due to any reason.
11. By participating in the campaign, participants will receive 1 (One) R50.00 (Fifty Rand)  PediaSure® 3+ price off grocery coupon: 
    
    a.By joining the Campaign, each participant is entitled to receive 1 (One) PediaSure® 3+  R50.00 (Fifty Rand) grocery coupon that can be redeemed on purchase of any  PediaSure® 3+ 850g Nutritional Supplement that includes PediaSure® 3+ Vanilla 850g, PediaSure® 3+ Chocolate 850g and *PediaSure® 3+ Strawberry 850g. 
    
    *Where stock is available
    The R50.00 (Fifty Rand) grocery coupon is only redeemable at the following chosen participating retailers:
    i. In store and Online at Dischem;
    ii. Online via Takealot or
    iii. In store at any Checkers branded store.
    
    b. The R50.00 (Fifty Rand) grocery coupon can only be redeemed once by Participant.
    c. Participants will only be entitled to 1 (one), R50.00 (Fifty Rand) grocery coupon. 
    d. The R50.00 (Fifty Rand) grocery coupon can not be redeemed during a period where  the product is on promotion at the selected participating retailer.
    e. The R50.00 (Fifty Rand) grocery coupon cannot be redeemed for cash and is not  exchangeable. 
    
    

SECTION 2: WEBSITE TERMS & CONDITIONS 

Terms and Conditions of Website Use 

These terms and conditions apply to your use/access of the PediaSure® Awareness  Campaign Web Site. 

Your access to this website is subject to the following terms and conditions which may be  updated by us from time to time without notice to you. By accessing or using this website, you  agree that you have read, understand, and agree to be bound to these terms and conditions,  as they may be amended from time to time, as well as to the terms of our Privacy Policy and  Cookie Policy, which are hereby incorporated into these Terms and Conditions. You are  responsible for periodically reviewing these Terms and Conditions for applicable changes.  Your use of this website after posting by us of any changes to these Terms and Conditions  constitutes your acceptance to those changes. If you disagree with these Terms and  Conditions (as they may be amended from time to time), or are dissatisfied with this website,  your sole and exclusive remedy is to discontinue using this website. 

Disclaimers 

You acknowledge and agree that: 

We do not warrant the accuracy, effectiveness and suitability of any information contained in  this website. Each person assumes full responsibility and all risks arising from use of this  website. The information is presented "AS IS" and may include technical inaccuracies or  typographical errors. Abbott reserves the right to make additions, deletions, or modifications  to the information at any time without any prior notification. 

Abbott makes no representations or warranties of any kind or nature with respect to the  information or content posted on this website. Unless otherwise stated on this website, Abbott  hereby disclaims all representations and warranties, whether express or implied, created by  law, contract or otherwise, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title or non-infringement. In no event shall Abbott be liable for  any damages of any kind or nature, including, without limitation, direct, indirect, special  (including loss of profit) consequential or incidental damages arising from or in connection with  the existence or use of this website and/or the information or content posted on this website,  regardless of whether Abbott has been advised as to the possibility of such damages. 

Abbott is not responsible, and provides no warranty whatsoever, for the accuracy,  effectiveness, timeliness and suitability of any information or content obtained from third  parties, including any hyperlinks to or from third-party sites.  

Abbott will endeavor to keep this website available for use however; we cannot guarantee this  and take no responsibility for any loss or damage that occurs due to an interruption of access  to this website. Abbott may interrupt access to this website for maintenance reasons or for  any other reason, at Abbott’s sole discretion. 

Your use 

You understand, acknowledge, and agree to the following: 

By using this website, you agree not to disrupt or intercept our electronic information posted  on this website or on any of our servers. You also agree not to attempt to circumvent any  security features of our website, and to abide by all applicable, local and international laws,  rules and regulations. 

Except as expressly stated and agreed upon in advance by Abbott, no confidential relationship  shall be established in the event that any user of this website should make any oral, written or  electronic communication to Abbott (such as feedback, questions, comments, suggestions,  ideas, etc.). If any Abbott website requires or requests that such information be provided, and  that such information contains personal identifying information (e.g., name, address, phone  number), Abbott shall obtain, use and maintain it in a manner consistent with our Privacy  Policy. Otherwise, such communication and any information submitted therewith shall be  considered non-confidential, and Abbott shall be free to reproduce, publish or otherwise use  such information for any purposes whatsoever including, without limitation, the research,  development, manufacture, use or sale of products incorporating such information. The  sender of any information to Abbott is fully responsible for its content, including its truthfulness  and accuracy and its non-infringement of any other person's proprietary or privacy rights. 

Intellectual Property 

The information, documents, and related graphics published in this website (the "Information")  are the sole property of Abbott, except for information provided by third-party providers under  contract to Abbott, its subsidiaries or affiliates. Permission to use the Information is granted,  provided that (1) the above copyright notice appears on all copies; (2) use of the Information  is for informational and non-commercial or personal use only; (3) the Information is not  modified in any way; and (4) no graphics available from this Internet site are used separate  from accompanying text. Abbott is not responsible for content provided by third-party  providers, and you are prohibited from distribution of such material without permission of the  owner of the copyright therein. Except as permitted above, no license or right, express or  implied, is granted to any person under any patent, trademark or other proprietary right of  Abbott. 

No use of any Abbott trademark, trade names, trade dress and products in this website may  be made without the prior written authorization of Abbott, except to identify the product or  services of the company.

If you believe that your work has been copied and is accessible on this site in a way that  constitutes copyright infringement, you may notify Abbott by providing our copyright agent with  the following in writing: 

• Identification of the copyrighted work that you claim has been infringed; 
• Identification of the material that is claimed to be infringing and information reasonably  sufficient to permit Abbott to locate the material; 
• Your name, address, telephone number, and email address; 
• A statement by you that you have a good faith belief that the disputed use is infringing  and not authorized; and 
• A statement, made under penalty of perjury, that the above information in your notice  is accurate and that you are the copyright owner or are authorized to act on the  copyright owner's behalf. 
• The electronic or physical signature of the copyright owner or a person authorized to  act on the copyright owner’s behalf. 

To submit a notification of claimed infringement, please contact Abbott's Designated Agent  at the following address: 

Abbott Laboratories 

Attn: Trademark Department 

100 Abbott Park Road 

Dept. 377 Bldg. AP6A-1 

Abbott Park, IL 60064 

Email: trademarks@abbott.com 

Privacy and Security 

Abbott is committed to safeguarding your privacy online. We understand the importance of  privacy to our customers and visitors to our Web site. Our use of personally identifiable  information is governed by our Privacy Policy and by accessing and using our Web site, you  agree to be bound by that policy. 

Limitation of Liability 

Abbott does not assume any liability for the materials, information and opinions provided on,  posted to, or otherwise available through, this website. Reliance on these materials,  information and opinions is solely at your own risk. Abbott disclaims any liability for injury or  damages resulting from the use of this website, or the content contained thereon. 

This Abbott website, the site content, and the products and services provided on or available  through this website are provided on an “as is” and “as available” basis, with all faults. In no  event shall Abbott, or its subsidiaries, affiliates, vendors, or their respective directors,  employees or agents (hereinafter “Abbott Parties”) be liable for any damages of any kind,  under any legal theory, arising out of or in connection with your use of, or inability to use, this  website, the site content, any services provided on or through this website or any linked site,  including any special, indirect, punitive, incidental, exemplary or consequential damages.  Except in the case of death or personal injury caused by their negligence, Abbott and the Abbott Parties hereby disclaim, to the maximum extent permitted by applicable law, liability for  any loss or damage which may be suffered by any person, whether suffered directly, indirectly,  immediately or consequentially, and whether arising in contract, tort (including negligence) or  otherwise which arises out of, or in connection with: (i) use of, or inability to use, the website;  (ii) use of information or content on the website; (iii) any services provided on or through the  website; and (iv) interception or unauthorized access to personal information submitted to the  website, including, without limitation, the following categories of loss or damage, whether or  not Abbott has been advised of the possibility of such loss or damage: 

• loss or corruption of data 
• loss of profits 
• loss of anticipated savings 
• loss of business opportunity 
• loss of goodwill 
• loss of reputation 
• special damage 

General 

You agree that these terms and conditions describe the entire agreement between us with  respect to its subject matter. These terms and conditions shall be governed and construed in  accordance with the laws of the Republic of South Africa. If an arbitration panel of competent  jurisdiction finds that any provision of these terms and conditions is invalid or unenforceable,  you agree that the other provisions of these terms and conditions will remain in full force and  effect. Any dispute arising out of, or in connection with, these terms and conditions, including  any question regarding their existence, validity or termination, or the legal relationships  established by these terms and conditions, shall be referred to referred to arbitration in  accordance with the Rules of the Arbitration Foundation of Southern Africa (“AFSA”). The  arbitration tribunal shall consist of one (1) arbitrator appointed by the AFSA. The seat of the  arbitration shall be Johannesburg, Gauteng. The arbitration proceedings and award shall be  conducted and written in the English language. The arbitration award shall be final and binding  on both Parties and not subject to any appeal. 

SECTION 3: PRIVACY POLICY 

This Privacy/Cookies Policy explains how we handle the personal information that you provide  to us on the Pediasure® Awareness Campaign Web Site controlled by Abbott Laboratories  South Africa (Pty) Ltd (including its subsidiaries and affiliates) which link to this  Privacy/Cookies Policy (referred to as "Abbott Web Sites") and when you contact us by  telephone. This Privacy/Cookies Policy also describes the collection of certain other types of  technical and web browsing information through cookies and similar technologies on Abbott  Web Sites. 

This Privacy/Cookies Policy does not apply to personal information collected from Abbott Web  Sites that do not link to this Privacy/Cookies Policy, or to third-party web sites to which Abbott  Web Sites may link. Your use of Abbott Web Sites, which link to this Privacy/Cookies Policy  is subject to this Privacy/Cookies Policy and the Terms of Use. 

Please read this Privacy/Cookies Policy before using Abbott Web Sites or submitting personal  information to us.

Contents 

Types of Information Collected 

• How does this Privacy/Cookies Policy define "personal information"?
• What types of information does Abbott collect online? 

Collection of Personal Information 

• Does Abbott collect “sensitive” Personal Information? 
• How does Abbott use personal information that I have provided? 
• Will Abbott combine personal information I provide on an Abbott Web Site with other  personal information about me? 
• What choices do I have about how Abbott collects and uses personal information  about me? 
• Does Abbott share personal information with third parties? 
• Who within Abbott will have access to personal information about me? • How does Abbott secure personal information? 
• Does Abbott transfer personal information to different jurisdictions? • How does Abbott protect the privacy of children? 
• How may I correct personal information or delete it from current customer records? Use of Cookies and Other Tracking Technologies 
• Why do Abbott Web Sites use “cookies” and other tracking technologies? • What types of cookies and other tracking technologies do Abbott Web Sites use? 
• What choices do I have about Abbott’s use of cookies and other tracking  technologies? 

Contact Information and Policy Updates 

• How can I contact Abbott? 
• How will I know whether Abbott has updated this policy? 

I. Types of Information Collected 

How does this Privacy/Cookies Policy define "personal information"?

"Personal information" means information that identifies you or could reasonably be used to  identify you and which is submitted to and/or collected by Abbott Web Sites and maintained  by Abbott in an accessible form. Examples of personal information include your name, your  postal address, your e-mail address, and your telephone number. 

What types of information does Abbott collect online? 

Personal Information You Submit: Abbott collects personal information that you enter into data  fields on Abbott Web Sites. For example, you may submit your name, postal address, e-mail  address, and/or other information in order to receive information about various subjects,  register for Abbott programs, contact Abbott customer service, or respond to Abbott surveys.  To protect your privacy, you should not provide Abbott with any information that is not  specifically requested. 

Passive Collection of Certain Other Technical and Web Browsing Information: Abbott Web  Sites may collect information about your visits to Abbott Web Sites without you actively  submitting such information. This information may include, for example, your browser type and  language, your operating system, your Internet Protocol (IP) address, the URLs of sites you  visited before and after visiting the Abbott Web Site, the web search that landed you on the  Abbott Web Site, web pages and advertisements you view and links you click on within the  Abbott Web Site. This information may be collected using various technologies, such as  cookies, Internet tags, and web beacons. Your Internet browser also automatically transmits  to Abbott Web Sites some of this information, such as the URL of the Web site you just visited  and the browser version your computer is operating.

II. Collection of Personal Information 

Does Abbott collect “sensitive” Personal Information? 

In some jurisdictions and subject to your consent, Abbott Web Sites collect personal  information, such as health related information. This information may be designated as  "sensitive" under data privacy laws. Abbott shall adopt additional measures as required by  local law for the processing of such information. In addition, individual Abbott subsidiaries or  affiliates may adopt measures to address local custom or social expectation about such  information. By providing us with sensitive personal information, you consent to Abbott  collecting, transferring, storing and processing it 

How does Abbott use personal information that I have provided? 

Abbott will use the personal information you provide through Abbott Web Sites to respond to  your questions and to provide you with efficient customer service. 

We may also use this personal information for other business purposes, such as to offer you  the opportunity to receive notices regarding Abbott’s products or services, to invite you to  participate in surveys about our products, or to notify you about special promotions. 

Will Abbott combine personal information I provide on an Abbott Web Site with other  personal information about me? 

Abbott may combine the personal information that a customer provides on one Abbott Web  Site with the personal information provided by that customer on other Abbott Web Sites. 

Abbott may combine personal information that you provide to us online with our offline records.

Abbott may combine personal information that you have provided to us directly with records  provided by third parties. 

We use this consolidated information to help us better design Abbott Web Sites and Abbott  products, to communicate information to you, to enhance our marketing and research  activities, and to facilitate other business functions. 

What choices do I have about how Abbott collects and uses personal information  about me? 

You may always limit the amount and type of personal information that Abbott receives about  you by choosing not to enter any personal information into forms or data fields on Abbott Web  Sites. Some of our online services can only be provided to you if you provide us with  appropriate personal information. Other parts of Abbott Web Sites may ask whether you wish  to opt into or opt out of our contact lists for offers, promotions and additional services that may  be of interest to you. 

Does Abbott share personal information with third parties? 

Abbott will not sell or license your personal information to third parties except in connection  with the sale or transfer of a product line or division, or in connection with a joint marketing  program. 

Abbott may share your personal information with third parties with whom Abbott is jointly  marketing a product or service or jointly conducting a program or activity. It is Abbott’s practice  to notify you if you are registering for a program which is conducted in conjunction with another  company that may require access to your personal information. 

Abbott may also share your personal information with vendors with whom Abbott contracts to  carry out business activities for Abbott. If Abbott provides your personal information to vendors  to assist us with our business activities, it is Abbott’s practice to require those vendors to keep  your personal information confidential and to use your personal information only to perform  functions for Abbott. 

Abbott may share your personal information with a third party in connection with the sale or  transfer of one of its product lines or divisions so that the buyer can continue to provide you  with information and services. 

Abbott reserves the right to disclose your personal information to respond to authorized  information requests from government authorities, to address national security situations, or  when otherwise required by law. 

Who within Abbott will have access to personal information about me? Personal information can be accessed by a restricted number of Abbott employees. 

We train our employees about the importance of privacy and how to handle and manage  customer data appropriately and securely. 

How does Abbott secure personal information? 

It is Abbott’s practice to secure each web page that collects personal information; however,  the confidentiality of personal information transmitted over the Internet cannot be guaranteed. 

We urge you to exercise caution when transmitting personal information over the Internet,  especially personal information related to your health. 

Abbott cannot guarantee that unauthorized third parties will not gain access to your personal  information; therefore, when submitting personal information to Abbott Web Sites, you must  weigh both the benefits and the risks. 

In addition, Abbott Web Sites covered by this Privacy/Cookies Policy will display a warning  whenever you link to a Web site that is not controlled by Abbott or subject to an Abbott  Privacy/Cookies Policy; you should check the privacy policies of such third-party Web sites  before submitting personal information. 

Does Abbott transfer personal information to different jurisdictions? 

Abbott stores data on secured servers in several countries around the world. Please be aware  that information you provide to us or we obtain as a result of your use of the Abbott Web Sites  may be processed and transferred to countries other than the country in which you are  resident, including the United States. The privacy and data protection laws in such countries  may not be equivalent to the laws in your country of residence. By using and participating in  any Abbott Web Sites or providing us with your information, you consent to this collection,  transfer, storage, and processing of information to and in such countries. 

How does Abbott protect the privacy of children? 

Abbott does not knowingly collect or use any personal information from children (we define  "children" as minors younger than 13) on Abbott Web Sites. We do not knowingly allow  children to order our products, communicate with us, or use any of our online services. 

If you are a parent and become aware that your child has provided us with information, please  contact us using one of the methods specified below, and we will work with you to address  this issue. 

How may I correct personal information or delete it from current customer records? 

In accordance with local legal law, you may request that we remove your personal information  from our current customer records or that we amend your personal information. Please notify  us of your wishes by contacting us in one of the ways specified below. For our record keeping  purposes, we will retain certain personal information you submit in conjunction with  commercial transactions.

III. Use of Cookies and Other Tracking Technologies 

Why do Abbott Web Sites use “cookies” and other tracking technologies? 

A “cookie” is a file that our webserver may send to your computer when you access an Abbott  website. This file is then stored on your computer. After you have entered personal information  into a form or data field on an Abbott website, Abbott may use cookies and certain other  technologies to allow that Web site to "remember" your personal preferences, such as sections  of that Web site that you visit frequently and, if you choose, your user ID. 

Passive information collection technologies can make your use of Abbott Web Sites easier by  allowing Abbott to provide better service, customise sites based on consumer preferences,  compile statistics, analyse trends, and otherwise administer and improve Abbott Web Sites. 

Certain features of Abbott Web Sites may not work without use of passive information  collection technologies. 

You can also learn more about cookies by visiting www.allaboutcookies.org

What types of cookies and other tracking technologies do Abbott Web Sites use? 

Abbott Web Sites use “session” cookies. Session cookies are temporary bits of information  that are erased once you exit your web browser window or otherwise turn your computer off.  Session cookies are used, for example, to improve navigation on our web sites, block visitors  from providing information where inappropriate (the site "remembers" previous entries of age  or country of origin that were outside the specified parameters and blocks subsequent  changes) and to collect aggregated statistical information. The list of cookies that are used on  the Pediasure® Awareness Campaign website is available here. 

Abbott Web Sites may use “persistent” cookies. Persistent cookies are more permanent bits  of information that are placed on the hard drive of your computer and stay there unless you  delete the cookie. Persistent cookies store information on your computer for a number of  purposes, such as retrieving certain information you have previously provided (e.g.,  passwords), helping to determine what areas of the web site visitors find most valuable, and  customising the web site based on your preferences on an ongoing basis. Persistent cookies  placed by this site on your computer may hold personally identifiable information, but only if  you have registered or have otherwise consented to the retention of personally identifiable information you have provided at the site. Otherwise our site's server only knows that an  unidentified visitor with your cookies has returned to the site. 

Abbott Web Sites may use “web beacons” (also known as internet tags, single-pixel GIFs,  clear GIFs, and invisible GIFs) A web beacon is a tiny graphic on a web page or in an e-mail  message that is used to track pages viewed or messages opened. Web beacons tell the web  site server information such as the IP address and browser type related to the visitor's  computer. Web beacons may be placed on online advertisements that bring people to our site  and on different pages of our site. Web beacons provide us with information on how many  times a page is opened and which information is consulted. 

What choices do I have about Abbott’s use of cookies and other tracking  technologies? 

You can choose to enable or disable the use of cookies and other tracking technologies on  Abbott web sites. Exactly how these choices are presented to you and the process for making  such choices may vary by web site. 

On some Abbott Web Sites, you may be asked to explicitly consent to the use cookies and/or  other tracking technologies on that web site. Cookies that are necessary to the operation of  the site and to the provision of the services you have requested will continue to function  regardless of whether you have provided consent.Other types of cookies and tracking  technologies will be turned off until you provide explicit consent. As a result, the functionality  of the site may be reduced until you choose to provide explicit consent. 

On some Abbott Web Sites, you may be provided with preference questions or boxes allowing  you to indicate that you do not want that web site to use cookies or other tracking technologies  that are not necessary to the operation of the site. If you choose to exercise this opt-out option,  the functionality of the site may be reduced as a result. 

Some Internet browsers allow you to limit or disable the use of cookies and other tracking  technologies. Please refer to the information provided by your Internet browser for instructions  on how to do so (generally found under a “Help” menu)

IV. Contact Information and Policy Updates 

How can I contact Abbott? 

If you have questions about the use, amendment, or deletion of personal information that you  have provided to us, or if you would like to opt out of future communications from an Abbott  business or a particular Abbott program, please contact us on our customer care line 0861 22  68 87 or send an email to the following email address  

ZA_ANI_Customer_complaints@abbott.com.  

Alternatively, you may send a letter to the following address: 

Abbott Laboratories 

Attention: Abbott ANI 

Abbott Place 

219 Golf Club Terrace  

Constantia Kloof 1709 

South Africa  

In all communications to Abbott, please include the e–mail address used for registration (if  applicable), the Web site address or the specific Abbott program to which you provided  personal information (e.g. Abbott.com, etc.), and a detailed explanation of your request. 

If you would like to delete, amend or correct your personal information and are contacting us  by e-mail, please put "Deletion Request" or "Amendment/Correction Request", as applicable,  in the subject line of the e-mail. We will do our best to respond to all reasonable requests in a  timely manner. 

How will I know whether Abbott has updated this policy? 

Without prejudice to your rights under applicable law, Abbott reserves the right to amend this  Privacy/Cookies Policy without prior notice to reflect technological advancements, legal and  regulatory changes and good business practices. 

If Abbott changes its privacy practices, an updated version of this Privacy/Cookies Policy will  reflect those changes and we will notify you of such changes by updating the effective date at  the top of this Privacy/Cookies Policy.