Terms & conditions

The VMO (Val Morgan Outdoor) website www.valmorganoutdoor.com (“the Web Site”) is owned and operated by Val Morgan Retail Media Pty Ltd, ABN 26 086 439 054 (“VMO”).

1. Terms

Your access to the Web Site is conditional upon your acceptance of and compliance with all terms, conditions, notices and disclaimers contained in this disclaimer notice and anywhere else in the Web Site (“the Terms”). Your access to the Web Site constitutes your agreement to the Terms. VMO reserves the right to change the Terms at any time.

2. Disclaimer

VMO makes no representations about the content and suitability for any purpose of the information contained in the Web Site. It is provided “as is” without express or implied warranty of any kind. VMO disclaims (to the full extent allowable by law), all warranties with regard to this information. VMO shall not be liable for any damages whatsoever including any special, indirect or consequential damages resulting from loss of use, data or profits, whether in an action in contract, negligence or other tort, arising out of or in connection with your access to the Web Site or the use or performance of information contained in it.

Neither VMO nor any of its employees, agents or third party content providers or licensors warrants that the Web Site will be uninterrupted or error-free.

3. Indemnity

VMO accepts no responsibility for your actions if you act contrary to any of these Terms, and you agree by accessing the Web Site to indemnify and hold harmless VMO and its related bodies corporate and its and their employees, officers, agents and contractors from and against all actions, proceedings, suits, claims and demands brought or made against VMO by any person arising from or in consequence of such an action, and from and against any damage, loss, cost or expense suffered or incurred by VMO as a direct or indirect consequence thereof.

4. Copyright

All information, text, images, graphics, software and advertisements contained in the Web Site are protected by International and Australian Copyright Law, and all rights are reserved. All material on the site is presented for your information only, and you are not permitted to copy, download or utilise material in any way except where reasonably necessary to access the Web Site and on the following conditions:

a) You may retrieve, review or download the material for your personal information and entertainment only.

b) You may save a local copy of or print material from it for your own personal information or entertainment, and to inform others about it, but you may not charge any fee for its use. All commercial exploitation of Web Site material is expressly prohibited.

c) Any copyright notice or mark appearing on any material on the Web Site must be included on any copy you make.

d) You must keep all material intact and in the same form as presented on the Web Site; you may not modify it without the express permission of VMO.

e) You must not use the Web Site or any of the material contained in it for any purpose which is unlawful, prohibited under these Terms, or which violates any right of VMO or any other owner of any rights in the material contained in the Web Site.

5. Trade mark

The VMO logo is a registered trade mark of Val Morgan Retail Pty Ltd and it may not be used without the prior specific and written permission of VMO. No other trade mark appearing in the Web Site may be used without the prior specific and written permission of the trade mark owner.

6. Comments box and other interactive facilities

Your use of or participation in any interactive facility associated with the Web Site constitutes your agreement that you will not, while doing so:

a) Post or transmit any illegal, threatening, abusive, defamatory, obscene, pornographic or indecent information or material of any kind, or any material in contempt of any court or parliament, or encourage any other person to do so.

b) Post or transmit any material which itself, or in a manner which, violates or infringes upon the rights of any other person, including privacy, performance, moral or copyrights unless you have first obtained the express permission of the relevant right holder.

c) Knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus.

d) Attempt to exploit the activity for your own commercial purposes or the commercial purposes of any other person, or actually do so (including the posting or transmission of advertising or promotional material), except for legitimate e-commerce functions to be performed by registered users.

e) Delete or alter or attempt to delete or alter attributions, legal notices, trade marks or copyright marks on any material contained in the Web Site or posted or transmitted on any interactive facility.

f) Download or post any material, which you know or ought to know cannot be legally distributed. VMO reserves the right to refuse access to any person or edit or delete material posted by any person for any reason without notice.

Notwithstanding its right to supervise or actual supervision of interactivity, VMO has no obligation whatsoever to monitor interactivity or supervise interactivity in any way and accepts no responsibility for any contents therein including, but not limited to, responsibility for any defamatory material.

By participating in any interactivity on the Web Site, you grant to VMO a perpetual, royalty-free, non-exclusive, unrestricted world-wide licence to use, copy, sub-licence, re-distribute, sell, adapt, transmit, publish and/or broadcast, publicly perform and display any information or material placed by you on the Web Site. Your licence will be by reference to the material placed by you on the Web Site.

You expressly waive in favour of VMO and any other party authorised by VMO all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire.

At the request and expense of VMO you will execute and deliver to VMO such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

7. Hotlinks

The Web Site may contain hyperlinks to Internet web sites operated by third parties. VMO is not responsible for the content of any linked web site or any hyperlink contained in the linked web site. The inclusion of any link does not imply any endorsement of the linked web site by VMO. Any link within the Web Site, which takes you to a third-party web site should only be clicked on entirely at your own risk. VMO does not endorse or in any way adopt representations made by advertisers on the Web Site or any linked web site, nor are any offers made by such advertisers or web site operators also made by VMO.

8. Governing Law

This agreement between you and VMO will be governed by the Laws of New South Wales, Australia. If any provision of this agreement is found to be invalid or unenforceable by a Court of Law, it shall be severed and will not affect the remainder of the agreement, which will continue in full force and effect. All rights not expressly granted are reserved.

9. Privacy Policy

You acknowledge that non-personal information and data may be automatically collected through the standard operation of VMO’s Internet servers or through the use of cookies. If you do not want information collected through the use of cookies, you should use your browser’s cookie disabling feature. You should note, however, that if cookies are disabled certain features may not be available. The use of cookies on the Web Site enables us to deliver and maintain customised options when you make return visits to the Web Site.

Personally identifying information may also be gathered by VMO from contest registration, content submissions, community postings, suggestions, voting activities, comments boxes, e-commerce and transactional areas.

Any personally identifying information collected by us will not be sold or otherwise transferred to third parties not affiliated with VAL MORGAN without the approval of the person from whom the information is obtained.

By providing your personally identifying information to VMO you agree that it may be used for any of the following purposes:

a) Communicate with you and keep you informed of contests, upcoming activities and events by any means including email, post and telephone.

b) Deliver to you VMO services and to facilitate any e-commerce transactions.

c) Perform statistical analysis of user activity and characteristics in order to measure interest in and use of the various areas in the Web Site.

d) Inform others, including our clients, of any statistical data, as well as the number of users who have been exposed to or have clicked on any particular areas in the Web Site.

e) Publish via email newsletter or on the Web Site your name if you are a winner in any of our competitions.

VMO reserves the right to change its privacy policy at any time and for any reason, and you should check this Web Site from time to time to ascertain the current policy.

This policy is not intended to and does not create any contractual or other legal relationship or obligation by or with VMO.

Ultimate Media Champion - Competition terms and conditions.

*** VAL MORGAN RETAIL MEDIA PTY LTD (the 'Promoter')

*** Competition – Ultimate Media Champion (the ‘Competition’)

1. The Competition is open to the Promoter’s agency and client guests (and their selected employees) by invitation only.

2. Information on how to enter and the prize(s) forms part of these Terms and Conditions.

3. Participation in this Competition is deemed acceptance of these Terms and Conditions.

4. Employees (and their immediate families) of the Promoter 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 or step-sister.

5. Eligible participants in the Competition is limited to 208 entrants, to be allocated as follows on a ‘first in, best dressed’ basis:

a. 80 participants in NSW;

b. 80 participants in VIC; and

c. 48 participants in QLD.

6. Interested participants must complete the Competition entry form at valmorganoutdoor.com/ultimatemediachampion, between 12:00am AEST on 17/6/24 and 11:59pm AEST on 12/7/24 (‘Application Period’). The Application Period may close early if the allocations are filled before the Application Period closes.

7. Limit on entries: Only one (1) entry is per permitted per person. Applicants who submit more than one entry will be automatically disqualified.

8. Applications must be completed in full, including answering the question: “In 25 words or less, why will you be the Ultimate Media Champion?” Incomplete or indecipherable entries will be deemed invalid.

9. For successful applicants, accepted to participate in the Competition, the Competition challenge will run from 22/6/24 to 5:00pm AEST 17/9/24 (‘Challenge Period’).

10. During the Challenge Period, participants will be required to:

(a) attend a minimum of one Ultimate Media Champion training session with their appointed trainer at a participating Fitness First location (training session times and details to be provided by Promoter to successful applicants after the Application Period);

(b) compete in the Competition which will occur in the final week of the Challenge Period.

11. During the Challenge Period, participants will be filmed and photographed during training sessions and the Competition for the purpose of promoting the Competition and Fitness First’s training sessions. Consent for your image being used for these purposes will be deemed to be granted by your participation in the Competition.

12. This is a game of skill. The winners will be determined by the Promoter based on their place on the leaderboard at the conclusion of the Competition: (1st place Male and 1st place female in NSW, 1st place Male and 1st place female in VIC, 1st place Male and 1st place female in QLD.). In the event of a tie between two leading scores at the conclusion of the final competition, the winner will be determined by the score obtained in the 10th round. If a tie persists, the scores from the 9th round will be compared, followed by the 8th round, and so forth, until a definitive leading score is identified. There is no element of chance in the judging of the competition or determination of the winners. The Promoter’s decision will be final and solely based on results in the competition.

13. Winners will be announced in person following the completion of the Competition, and published on the Promoter’s website, Instagram and LinkedIn channels. All Prizes must be claimed by Thursday 31st October 2024. If the Prize is unclaimed, neither cash nor another prize will be awarded in lieu of the forfeited component/s of the Prize.

14. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of 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 Competition. 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.

15. 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.

16. If a/the winner of a/the prize is under the age of 18 years, the prize will be awarded to the winner’s media agency on the winner’s behalf.

17. If for any reason a the winner does not take their awarded prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.

18. If the/any prize (or part of the/any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.

19. Total prize pool value is $48,000. The prize/Prizes, or any unused portion of a/the prize, are/is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified. Any unclaimed prizes will be forfeited.

20. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are the 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 Competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.

21. If this Competition 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 entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Competition, as appropriate.

22. 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 Competition.

23. 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; or (e) any tax liability incurred by a winner or entrant

24. As a condition of accepting the prize, each 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.

25. The Promoter collects personal information (“PI”) in order to conduct the Competition and may, for this purpose, disclose such PI to third parties, including but not limited to Fitness First, agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. 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 http://www.valmorganoutdoor.com/privacypolicy. 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 entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how 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. Unless otherwise indicated by the Promoter, the Promoter may disclose personal information to entities outside of Australia (for a list of the countries, see the Promoter’s Privacy Policy).

26. The Promoter is Val Morgan Retail Media Pty Ltd (ABN 26 086 439 054) of THE HOYTS CORPORATION PTY. LIMITED (ABN 31 006 082 551), of Level 50, 680 George Street, Sydney, NSW 2000.

Ultimate Media Champion Post Competition Survey - Terms and conditions.

*** VAL MORGAN RETAIL MEDIA PTY LTD (the 'Promoter')

1. The Competition is open to the Promoter’s agency and client guests (and their selected employees) by invitation only.

2. Information on how to enter and the prize(s) forms part of these Terms and Conditions.

3. Participation in this Competition is deemed acceptance of these Terms and Conditions.

5. Interested participants must complete the Competition entry form at https://obosyqtsy1q.typeform.com/umc2024survey, between 12:00am AEST on 10/10/24 and 11:59pm AEST on 31/10/24.

6. Limit on entries: Only one (1) entry is per permitted per person. Applicants who submit more than one entry will be automatically disqualified.

7. Applications must be completed in full. Incomplete or indecipherable entries will be deemed invalid.

8. This is a game of skill. The winners will be determined by the Promoter . There is no element of chance in the judging of the competition or determination of the winners. The Promoter’s decision will be final and solely based on the best three responses of the survey.

9. Winners will be announced via email following the completion of the Competition, and published on the Promoter’s website, Instagram and LinkedIn channels. All Prizes must be claimed by Friday 8th November 2024. If the Prize is unclaimed, neither cash nor another prize will be awarded in lieu of the forfeited component/s of the Prize.

10. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of 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 Competition. 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.

11. 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.

12. If a/the winner of a/the prize is under the age of 18 years, the prize will be awarded to the winner’s media agency on the winner’s behalf.

13. If for any reason a the winner does not take their awarded prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.

14. If the/any prize (or part of the/any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.

15. Total prize pool value is $300. The prize/Prizes, or any unused portion of a/the prize, are/is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified. Any unclaimed prizes will be forfeited.

16. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are the 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 Competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.

17. If this Competition 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 entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Competition, as appropriate.

18. 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 Competition.

19. 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; or (e) any tax liability incurred by a winner or entrant

20. As a condition of accepting the prize, each 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.

21. The Promoter collects personal information (“PI”) in order to conduct the Competition and may, for this purpose, disclose such PI to third parties, including but not limited to Fitness First, agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. 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 http://www.valmorganoutdoor.com/privacypolicy. 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 entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how 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. Unless otherwise indicated by the Promoter, the Promoter may disclose personal information to entities outside of Australia (for a list of the countries, see the Promoter’s Privacy Policy).

22. The Promoter is Val Morgan Retail Media Pty Ltd (ABN 26 086 439 054) of THE HOYTS CORPORATION PTY. LIMITED (ABN 31 006 082 551), of Level 50, 680 George Street, Sydney, NSW 2000.