Competition Terms and Conditions of Entry
2: The promoter is Buddee Fitness Group Pty Ltd 48 615 809 857 of PO Box 7011 Bondi Beach NSW 2026 (“Promoter”).
3: Entry is only open to Sydney, NSW, Australian residents aged 18 years or over (the “Entrant”, “You”, “Your”). 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 cousin.
4: The promotion commences at noon on Monday 2 September 2019 and ends at noon on Thursday 5 September 2019 (“Promotional Period”). All times indicated are in AEST time.
5: To enter the Promotion, the Entrant must complete the following during the Promotional Period: Post a comment on the Facebook competition post and tell us your favourite location to train in Sydney. Download the buddee fitness client app and sign up using the promo code: BUDDEE
Each entry must be submitted by a single, natural person. Only one entry is permitted per Entrant and subsequent entries will be disregarded.
6: This is a game of chance, skill pays no part in how a winner is determined in this Promotion. All entries will be reviewed by the Promoter and a draw will determine the winner.
7: 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 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.
8: 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.
9: The draw will take place at noon on Friday 13th September 2019 at the Promoter’s offices in Bondi Beach NSW 2026.
10: The winner will be notified by direct message on Facebook and their names will be published on the Promoter’s official Facebook page by 2pm Friday 13th September 2019. By entering this competition, the Entrant consents to the publication of their name on the Promoter’s official Facebook page for this purpose.
11: The Promoter’s decision is final and no correspondence will be entered into.
12: To claim the Prize (as defined at clause 14 of these Terms and Conditions), the winners must respond to the Promoter’s direct message on Facebook and provide their full name by 6pm on Monday 16th September 2019 (or in the case of a runner up, by 6pm on the day after the runner up is notified they are a prize winner). Names provided must be exactly as entered each Entrant’s buddee fitness account. Prizes are not transferrable.
13: If a prize winner fails to claim their prize in accordance with clause 12, or is deemed ineligible or to have submitted an invalid entry the Promoter will notify the next runner up recorded by direct message on Facebook and their name will be published on the Promoter’s official Facebook page.
14: There will be 1 winner of the competition. The winner will receive one training session in Sydney with a specified personal trainer to the total value of $110.00AUD which must be completed within 2 weeks of the prize draw (Prize). The total prize as described in these Terms, which is valued at up to $110.00AUD as at 2 September 2019.
15: It is the winners responsibility to organise transport to/from the training session location to use the Prize. The Prize is subject to booking and availability of the trainer specified by the Promoter. The Promoter is not responsible for any cancellation, delay or rescheduling of the training session by the winner or any third party and any costs incurred as a result will be the sole responsibility of the winner.
16: You, as a Entrant warrant that you are capable of engaging in a personal training session to be provided by a professional personal trainer as described by the Promoter on the competition page (Exercise Services), and that you have been assessed as fit and healthy by a general practitioner prior to engaging in any Exercise Services via the Buddee App. Where you have any pre-existing health concerns, you are to seek a professional medical assessment to assess whether you are capable of engaging with the relevant Exercise Services. Where you engage in Exercise Services:
- you warrant that to the best of your knowledge you do not have any physical, medical or other disability or condition which may be affected by or aggravated by, or may result in any sickness, injury or death to you as a result of, your engagement with any Exercise Services;
- you must disclose any relevant health or physical conditions applicable to you to your Fitness Professional prior to commencement of the Session; and
- you release the Promoter from all liability for any loss, injury, illness or death in respect to your use of the App and engagement in any Exercise Services.
18: Prize is not exchangeable or transferable and cannot be redeemed as cash.
19: 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, subject to any directions of any regulatory authority.
20: Each Entrant agrees that they are fully responsible for their entry. The Promoter shall not be liable in any way for content to the full extent permitted by law. The Promoter may remove or decline to publish any content without notice for any reason whatsoever.
21: By entering this promotion the Entrant: (a) fully assigns and transfers all rights, including, but not limited to, intellectual property rights, subsisting in their entry to the benefit of the Promoter, and consents to the Promoter using their entries in any manner the Promoter sees fit, including making copies of or publishing the whole or any part of the entry and otherwise exploiting the entry and any rights in relation to the entry, to publicise this promotion or for any other purposes; (b) warrants to the Promoter that the entry is not, and its use by the Promoter will not be, in breach of any third party intellectual property rights; (c) expressly consents to the Promoter having the unfettered right to treat the entry in any manner at their sole discretion and to alter the entry in any manner that would otherwise constitute an infringement of their moral rights under the Copyright Act 1968 (Cth); and (d) undertakes it will, at the Promoter’s reasonable request and at the Promoter’s cost, at all times do all things (including signing all documentation) necessary to give full effect to the requirements of this paragraph. The Entrant indemnifies the Promoter against any claim or liability arising in connection with a breach of this warranty or undertaking.
22: Entrants consent to the Promoter and its affiliates using their name, likeness, image and/or voice in the event they are a 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 promotion (including any outcome), and promoting any products or services provided, , distributed and/or supplied by the Promoter.
23: 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 Entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
24: Nothing in these Terms and Conditions limits, excludes, modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010, or similar consumer protection laws in the state the judging is conducted (“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.
25: 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 tax liability incurred by a winner or entrant; or (e) taking/use of a prize.
27: Your participation in the competition and these Terms and Conditions will be construed in accordance with, and governed by, the laws of New South Wales, Australia.