Terms and Conditions
The Sweat 'Sweat Monthly Challenge Incentives October 2023' (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).
The Promotion commences at 1:00PM ACDT on 5 October 2023 and closes at 5:00PM ACDT on 31 December 2023 (Promotion Period). The Promotion Period will consist of three intervals (Intervals), being the interval:
a) commencing at the start of the Promotion Period, and ending at 2:00PM ACDT on 31 October 2023 (First Interval);
b) commencing immediately following the First Interval, and ending at 1:00PM ACDT on 30 November 2023 (Second Interval); and
c) commencing immediately following the Second Interval, and ending at 1:00PM ACDT on 31 December 2023 (Third Interval).
Entry is open to any person who:
a) is aged over 18 years old;
b) has a current paid subscription to use the Sweat app (App), pursuant to the terms and conditions at https://www.sweat.com/pages/terms-of-use (App Terms); and
c) is not a person that is (as determined solely by the Promoter):
i) 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
ii) involved in the management of the Promoter or any of the Promoter's related entities,
To enter, an Eligible Entrant must, during the Promotion Period, make one or more posts (Posts) to the designated thread for the Monthly Challenge on the Promoter's online forum located at forum.sweat.com.
Posts made by each Eligible Entrant will be judged by the Promoter on their relevance to the Challenge, creativity, volume, community support and positivity (Criteria).
The Promoter will judge:
a) all Posts made by each Eligible Entrant during the First Interval at 3:00PM ACDT on 31 October 2023 at Unit 2, 62-66 Glen Osmond Road, Parkside, South Australia;
b) all Posts made by each Eligible Entrant during the Second Interval at 3:00PM ACDT on 30 November 2023 at Unit 2, 62-66 Glen Osmond Road, Parkside, South Australia;
c) all Posts made by each Eligible Entrant during the Third Interval at 3:00PM ACDT on 31 December 2023 at Unit 2, 62-66 Glen Osmond Road, Parkside, South Australia.
The three (3) Eligible Entrants whose Posts during an Interval are judged as best meeting the Criteria during each Interval (Interval Winners) will each be awarded an AUD$200 Aje Athletica voucher (Interval Prizes).
The total value of Interval Prizes (together, the Prizes) is AUD$1,800.
- Each Prize will be subject to Aje Athletica's terms and conditions for use of vouchers, and may be subject to an expiry date. A Prize must be used by the Interval Winner prior to any expiry date or any unused value will expire. Each Prize, or any unused portion of it, may not be transferred, exchanged or redeemed for cash or other goods or services.
The Promoter will notify each Interval Winner within 7 days of the Prize being awarded by the Promoter:
a) commenting on one of the Interval Winner's Posts on the Forum; and
b) emailing the Interval Winner.
- The Promoter will also publish the names of all Interval Winners on the Forum after the completion of the Promotion Period, on or around 31 December 2023.
As a condition of participating in this Promotion, each Eligible Entrant acknowledges and accepts these terms and conditions associated with this Promotion and, if an Interval Winner:
a) consents to the publication of their name as an Interval Winner on the Forum;
b) consents to the Promoter using their name and Posts in any media 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
c) signs any legal release and indemnity as may be reasonably required by the Promoter and/or any suppliers of any elements of the Prize.
- All Prizes claimed will be provided to the relevant Interval Winner as a digital voucher via email. It is the responsibility of each Eligible Entrant to ensure that the contact details they use in respect of the App and the Forum are up-to-date.
- The Promotion is a game of skill. Chance plays no part in determining the Interval Winners.
- 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.
- Information on how to enter and prize details set out in all communications regarding the Promotion form part of these terms.
- Any entry not complying with these terms is invalid. Errors and omissions may be accepted at the Promoter's sole discretion.
- The Promoter’s decision is final in relation to all aspects of this Promotion and no correspondence will be entered into.
- Beneficiaries 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. Beneficiaries of the Prize should seek advice from the Australian Tax Office, other relevant tax authority, or their own taxation adviser or independent financial adviser.
- 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 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.
Nothing in these terms excludes or varies any right or obligation arising pursuant to:
a) the App Terms; or
b) any terms and conditions associated with the use of the Forum.
- 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 firstname.lastname@example.org.