General Terms & Conditions
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- Entries are deemed to be received at the time an entrant completes their session on the erg machine. The Promoter is not liable for late, lost, incomplete, incorrectly submitted, illegible, corrupted or misdirected entries, claims or correspondence due to error, omission, tampering, deletion, theft communications failure or otherwise.
- Entrants are responsible for their own costs associated with entering the Competition and redeeming the Prize, including travel to and from the entry and Prize redemption location/s, and access to the Internet.
- The Promoter reserves the right to verify the validity of an Entry and to disqualify an entrant for tampering with the entry process or for submitting an Entry that does not comply with these Terms and Conditions.
- The Promoter reserves the right to verify an entrant’s identity, age and address for the purpose of confirming Entry Eligibility.
- Entrants are solely responsible and liable for the content of their Entries and any other information they transmit to other entrants or third parties during participation in the Competition. To the extent permitted by law, each entrant agrees to indemnify, defend and forever hold harmless, lululemon and its associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by an entrant in respect of the entrant’s participation in the Competition.
- In entering the Competition, entrants accept and agree that any Personal Information they submit as part of their Entry will be collected, stored, processed and disclosed in accordance with the Promoter’s Privacy Policy.
- All intellectual property rights in the Entries become the property of the Promoter. Entrants consent to the Promoter using their Entry in any media perpetually without remuneration for the purposes of delivering and promoting this Competition. Entrants further consent to the Promoter disclosing the Participant’s personal information and Entry collected to any government authority (if required by law).
- The Prize must be accepted as awarded and is not transferable, exchangeable or otherwise redeemable for cash. The odds of winning the Prize depends on the number of eligible Entries received. Each eligible Entry will have an equal chance of winning.
- The lululemon gift card awarded as part of the Prize, is subject to lululemon’s standard gift card terms available at: https://www.lululemon.com.au/en-au/content/terms-and-conditions.html
- The gym membership awarded as part of the Prize is subject to the terms and conditions of the selected gym. The Promoter will remit the total amount for a one (1) year gym membership up to the value of $5,000 (incl. GST) directly to the Winner’s chosen gym. Any amount remaining will not be paid or refunded to the Winner. The Promoter does not provide any warranties or guarantees in relation to the Winner’s chosen gym, or its suitability to the Winner.
- Should the Prize, or any component of the Prize, not be available for any reason, lululemon may substitute another item of equal or greater value at its discretion.
- The Promoter does not guarantee the size or colour availability of Metal Vent Tech products (‘Product’) gifted to entrants during the Competition Period. Product is not redeemable for a refund or exchange.
- If, for any reason, this Competition cannot proceed as a result of tampering, unauthorised and improper interfering, fraud, technical difficulties or other causes beyond the reasonable control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Competition, to the extent permitted by law the Promoter reserves the right: (a) to disqualify any entrant who improperly interferes with the entry process; (b) to take any action that may be available; and/or (c) to cancel, terminate, modify or suspend this Competition.
- To the extent permitted by law, the Promoter makes no warranties, representations or guarantees, express or implied, in fact or in law, as regards to this Competition.
- Each entrant will be required to sign a waiver before participating in the Competition, which will include, among other things, an acknowledgement that they are in proper physical condition to participate in the Competition.
- Each entrant grants permission to the Promoter, to utilise any photographs, motion pictures, videotapes, recordings, social media posts and other references or records of the event connected with the Competition which may depict, record or refer to the entrant for any purpose (‘Images’), including commercial use by the Promoter. This permission is for use anywhere in the world and on the internet and for an unlimited period of time. Entrant understands and agrees that they will not be compensated or receive additional consideration for consenting to the use of the Images and that they will not be given a chance to receive, inspect or approve the promotional or marketing material, messages and/or content that may use the Images. To the extent permitted by law, each Entrant hereby releases the Promoter including, without limitation, all persons who took or otherwise created, recorded or modified the Images, from any and all claims, actions, damages, interest, costs, expense and compensation of whatsoever kind and howsoever arising, whether known or unknown, and which entrant now has or at any time hereafter can, shall or may have in connection with, or in any way resulting or arising from, the Images and the creation, use or disposition of them.
- Entrant acknowledges and agrees that the Promoter shall own all right, title and interest, throughout the world, in and to the Images and any materials compromising all or any part of the Images, and the Promoter has the unrestricted right to use, license, sell, transfer or otherwise dispose of any or all of them, as well as the Promoter’s rights under this Terms and Conditions, in any manner whatsoever and without any accountability to the entrant. Entrant hereby assigns to the Promoter all right, title and interest, throughout the world, entrant may have in and to the Images and any materials comprising all or any part of the Images, including all intellectual property rights thereto. Entrant hereby irrevocably waives any and all of their moral rights and any other irrevocable rights entrant may have, throughout the world, in or to the Images and any materials comprising all or part of the Images.
- To the extent permitted by law, the Promoter shall not be liable for any loss or damage whatsoever which is suffered (including, but not limited to, indirect, consequential or special loss) or for personal injury which is suffered or sustained, in connection with or arising from this Competition.
- Without limiting any other terms herein and to the extent permitted by law, the entrant indemnifies the Promoter for their breach of the above terms, conditions or warranties.
- If any of the provisions of these Terms and Conditions are held to be invalid or unenforceable in whole or in part, that part shall be severed from the remainder of the provisions and the validity of the other provisions and the remainder of the provision in question shall not be affected.
- These Terms and Conditions shall be governed by the laws of Australia and any dispute shall be subject to the exclusive jurisdiction of the courts of the State of Victoria, Australia.
- Any questions or correspondence regarding this Competition can be directed to the Promoter at [email protected].
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