“VAL MORGAN OUTDOOR – SUMMER UNREACHABLES” PROMOTION

  1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

 

  1. Entry is only open to authorised representatives (“Eligible Entrant”) of businesses operating in Australia. For the sake of clarity, more than one (1) Eligible Entrant may enter from an Eligible Business. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family 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 1st

 

  1. Promotion commences on 03/10/2017 and final entries close at 11:59pm AEST on 31/10/2017 (“Promotional Period”).

 

  1. To enter, an Eligible Entrant must, during the Promotional Period, visit valmorganoutdoor.com/win, follow the prompts to the competition entry page, input the requested details including the details of the Eligible Business in which they are employed, answer the promotional question “By What percentage does VMO Active’s new member base increase by over summer?” and submit the fully completed online entry form.

 

  1. The Promoter reserves the right, at any time, to verify the validity of entries and Eligible Entrants (including an Eligible Entrant’s place of employment) and reserves the right, in its sole discretion, to disqualify any Eligible Entrant who the Promoter has reason to believe has breached these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

 

  1. Incomplete, indecipherable or illegible entries will be deemed invalid.

 

  1. Only one (1) entry is permitted per Eligible Entrant.

 

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

 

  1. The judging will take place at Val Morgan Retail Media Pty Ltd, Level 50, 680 George Street, Sydney NSW 2000 commencing on 01/11/2017. The winners will be notified by This is a game of skill.

 

  1. The Promoter’s decision is final and no correspondence will be entered into.

 

  1. (6) valid entries, as determined by the judges, will each win a 3-month Platinum Fitness First membership valued at AUD$420 each.

 

  1. Prizes will be awarded to the winning Eligible Entrants.

 

  1. If for any reason a winner does not take the prize at the time stipulated by the Promoter, then the prize will be forfeited.

 

  1. If the prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification.

 

  1. Total prize pool value is AUD$2,520.00. Prizes are not transferable or exchangeable and cannot be taken as cash.

 

  1. Fitness First is not a participant in or sponsor of this promotion.

 

  1. Eligible Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to answers to promotional questions (“Content”). 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. Eligible Entrants warrant and agree that:
  • they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
  • their 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 property that appears in their Content;
  • the Content is the original literary work of the Eligible Entrant that does not infringe the rights of any third party;
  • they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
  • they 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.Without limiting any other terms herein, the Eligible Entrant agrees to indemnify the Promoter for any breach of the above terms.

 

 

  1. If this 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, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any Eligible Entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.

 

  1. Any cost associated with accessing the promotional website is the Eligible Entrant’s responsibility and is dependent on the Internet service provider used.

 

  1. The Promoter will not be liable for any tax arising out of participation in this promotion (including acceptance of a prize). Eligible Entrants should seek independent financial advice in this regard.

 

  1. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.

 

  1. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim 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; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner, Eligible Entrant or Eligible Business; or (f) use of a prize.

 

  1. As a condition of accepting a prize, the winner must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.

 

 

  1. The Promoter collects personal information (“PI”) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at www.valmorganoutdoor.com/privacy-policy In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Eligible Entrant. The Privacy Policy also contains information about how Eligible Entrants may opt out, access, update or correct their PI, how Eligible Entrants may complain about a breach of the Australian Privacy Principles 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 Australian Eligible Entrant’s personal information to any entity outside of Australia.

 

  1. The Promoter is Val Morgan Retail Media Pty Ltd (ABN 26 086 439 054) of Level 50, 680 George Street, Sydney NSW 2000.

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