Sweat Challenge Incentives February 2025

Terms and Conditions

1. The 'Sweat Challenge Incentives February 2025' (Promotion) is conducted by The Bikini Body Training Company Pty Ltd ABN 51 162 849 701 of Unit 2, 62-66 Glen Osmond Road, Parkside, South Australia (Promoter).
2. The Promotion commences at 9:00AM ACDT on 13 January 2025 and closes at 11:59PM ACDT on 23 February 2025 (Promotion Period).  
3. Entry is open to any person who:

1. is aged over 18 years old;
2. has a current paid subscription to use the Sweat app (App), pursuant to the terms of use at https://www.sweat.com/pages/terms-of-use (Terms of Use);
3. is enrolled via the App in the 'Sweat Challenge' conducted by the Promoter during the Promotion Period (Challenge);
4. has completed two (2) or more workouts each week of the Challenge via the App; 
5. is not a person that is (as determined by the Promoter):
   1. involved (whether as a principal, agent or employee) in the conduct or the promotion of the Promotion (including any person who determines who is to win a prize in the Promotion); or
   2. involved in the management of the Promoter or any of the Promoter's related entities,

(Eligible Entrants).

1. To enter, an Eligible Entrant must, during the Promotion Period, complete a minimum of two (2) workouts during the Challenge period (each completed workout is an entry into the draw, maximum four (4) entries per week).
2. Five (5) Eligible Entrants (each a Winner) will each be awarded a Sweat Challenge Prize Pack valued at AUD$850 including, one Beis Bag, one Theragun Mini 2.0, one TRNR workout pack and one Stanley Quencher 40oz. This Promotion is not affiliated, endorsed or sponsored by the businesses of the above products.
3. The total value of the prize pool is AUD$4,100.
4. The Promoter will notify each Winner within 7 days of the Prize being awarded by the Promoter by:

1. commenting on the Sweat community forum (Forum); and
2. emailing the Winner.

8. The Promoter will also publish the names of all Winners on the Forum after the completion of the Promotion Period, on or around 24 February 2025.
9. As a condition of claiming a Prize, each Winner:

1. confirms that they agree with these terms and conditions associated with this Promotion (Promotion Terms);
2. consents to the publication of their name as a Winner on the Forum;
3. consents to the Promoter using their name for an unlimited period without remuneration for the purpose of this Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter; and
4. agrees to sign any legal release and indemnity as may be reasonably required by the Promoter and/or any suppliers of any elements of the Prize.

10. All Prizes claimed will be provided to the relevant Winner as a gift. It is the responsibility of each Eligible Entrant to ensure that the contact details they use in respect of the App are up-to-date.
11. The Winner will receive an email from the Promoter to confirm their shipping details.
12. The Promotion is a game of skill. Chance plays no part in determining the Winners.
13. Complaints regarding the Promotion may be submitted by contacting the Promoter using the details listed below.  If there is a dispute concerning the complaint, the decision of the Promoter is final and binding, and no further correspondence will be entered into.
14. Any entry not complying with the Promotion Terms is invalid.  Errors and omissions may be accepted at the Promoter's discretion.
15. The Promoter’s decision is final in relation to all aspects of this Promotion and no correspondence will be entered into.
16. Winners of the Prize accept the Prize ‘as is’ and acknowledge that the Promoter accepts no responsibility for any tax implications that may arise from their Prize. Winners of the Prize should seek advice from the Australian Tax Office, other relevant tax authority, or their own taxation adviser or independent financial adviser.
17. The Promoter reserves the right, at any time, in its sole discretion, to verify the validity of entries and Eligible Entrants (including an Eligible Entrant’s identity, age, place of residence and App subscription status) and to disqualify any Eligible Entrant whom the Promoter has reason to believe has breached any of the Promotion Terms, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Promotion. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
18. If for any reason this Promotion is not capable of running as planned (including, but not limited to infection by computer virus, bugs, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion), the Promoter may, subject to the approval of all relevant regulatory authorities, take any action that may be available including cancelling, terminating, modifying or suspending the Promotion.
19. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
20. Nothing in these terms limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under any other law or similar consumer protection laws in the states and territories of Australia (Non-Excludable Guarantees).
21. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and its related entities (including its respective directors, officers, employees and agents) are not responsible for and exclude 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 the Promotion Terms; (e) any tax liability incurred by a beneficiary of a Prize (including an Eligible Entrant and Winner); (f) use/taking of the Prize; or (g) the Promotion.
22. The Promoter may use personal information it holds about you in respect of your use of the Forum and the App in order to conduct and administer this Promotion.  The Promoter will use and handle your personal information as set out in its Privacy Policy, which can be viewed at https://www.sweat.com/pages/privacy-policy. The Privacy Policy sets out how you may access, update or correct your personal information, change your direct marketing preferences or make a privacy complaint.
23. Nothing in these Promotion Terms excludes or varies any right or obligation arising pursuant to the Terms of Use.

These Promotion Terms are governed by and are to be construed under the laws in force in South
Australia. Each party submits to the non-exclusive jurisdiction of the courts exercising
jurisdiction in South Australia and courts of appeal from them in respect of any
proceedings arising out of or in connection with this agreement.