Survey Promotion Terms and Conditions
- This feedback survey (Survey) 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).
- The Survey is open to participants of the FitHER expo, is at least 18 years of age, a resident of NSW and completes the Survey by 24 November 2023 11:59pm AEDT (Eligible Entrants). Employees, independent contractors, officers and agents of the Promoter and associated entities are not eligible to enter.
- By completing this Survey and entering into the draw (Promotion) each Eligible Entrant acknowledges and accepts these terms and conditions associated with this Promotion.
- The Survey will be distributed on 15 November 2023 12:00AM AEDT with final entries being completed by 24 November 2023 11:59pm AEDT (Entry Period). Entries submitted after the Entry Period will not be eligible.
- There is a limit of one (1) entry per person/email address. Additional entries per person/email address will not be acknowledged. Any entry not complying with this Promotion’s terms and conditions is invalid.
- On or about 24 November 2023, the winner will be selected in a random drawing among all Eligible Entrants. The odds of being selected depend on the number of entries received.
- The Promoter will notify the winner on or about 24 November 2023 by email. The Promoter’s decision is final in relation to all aspects of this Promotion.
- The winner will be awarded a 12-month subscription to the Sweat app (total value of AUD $119.94) (Prize).
- The Prize, or any unused portion of it, may not be transferred, exchanged or redeemed for cash or other goods or services.
- The beneficiary of the Prize accepts the Prize ‘as is’ and acknowledges that the Promoter accepts no responsibility for any tax implications that may arise from their Prize. The beneficiary of the Prize should seek advice from the Australian Tax Office, other relevant tax authority, or their own taxation adviser or independent financial adviser.
- The beneficiary of the Prize acknowledges and accepts the Promoter’s terms of use at https://www.sweat.com/pages/terms-of-use (App Terms) and privacy policy at https://www.sweat.com/pages/privacy-policy (Privacy Policy) in respect of the use of the Prize.
- 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 reserves the right, in its sole discretion, to disqualify any eligible entrant whom the Promoter has reason to believe has breached any of these 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.
- 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.
- Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
- 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).
- 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 these terms; (e) any tax liability incurred by a beneficiary of a Prize (including an Eligible Entrant and the Prize recipient); (f) use/taking of the Prize; or (g) the Promotion.
- The Promoter may use personal information it holds about all Entrants in order to conduct and administer this Promotion. The Promoter will use and handle personal information as set out in its Privacy Policy.
- Nothing in these terms excludes or varies any right or obligation arising pursuant to the App Terms.
- These 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 these terms.
- You may contact the Promoter in relation to the Promotion via support@sweat.com.
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