Social Media Competitions
TERMS AND CONDITIONS
1. Participation in a LIFT BRANDS promotion is deemed acceptance of these Terms and Conditions.
2. Entry is only open to participants in Australia and New Zealand.
3. 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.
5. The promotion commences and ends as stipulated on the promotional post (“Promotional Period”).
6. At the start of the Promotional Period, the Promoter will publish a promotional post to the 9Round/Snap Fitness Facebook Page at (Lift brands Facebook Page) as a pinned post, stating the entry conditions (“Promotional Post”).
7. To be eligible to enter, entrants must undertake the steps stipulated on the post during the Promotional Period
8. Only one (1) entry is permitted per person.
10. The Promoter will contact the winner in writing by Facebook or, where provided, on a valid phone number.
11. The Promoter reserves the right, at any time, to verify the validity of entries and Eligible Businesses (including an Eligible Businesses authorised representative and place of business) and reserves the right, in its sole discretion, to disqualify any Eligible Business 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.
12. Incomplete, indecipherable or inaudible entries will be deemed invalid.
13. The Promoter’s decision is final and no correspondence will be entered into.
14. If for any reason a winner does not take a prize by the time stipulated by the Promoter, then the prize will be forfeited.
15. If any 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.
16. Prizes are not transferable or exchangeable and cannot be taken as cash.
17. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings, images and the Video (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Authorised representatives warrant and agree that:
a. they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
b. their Content shall not contain viruses or cause injury or harm to any person or entity;
c. they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
d. they will obtain full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, and the Content does not infringe the rights of any third party;
e. they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968(Cth) and warrant that they have the full authority to grant these rights; and
f. they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
Without limiting any other terms herein, the authorised representative agrees to indemnify the Promoter for any breach of the above terms.
18. As a condition of entering this promotion each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
19. As a condition of accepting the prize, the winning Eligible Business’s owner consents to the Promoter using their name, likeness, image and/or voice (including photograph, film and/or recording of the same) and the details of the Eligible Business in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
20. 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 Eligible Business; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
21. Any cost associated with accessing the Foodservice Facebook Page is the Eligible Business’s responsibility and is dependent on the Internet service provider used.
22. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act (Cth), as well as any other implied warranties under the ASIC Act (Cth) or similar consumer protection laws in the States and Territories of Australia or any statutory consumer guarantees as provided under consumer protection laws in New Zealand (“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.
23. 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 variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or Eligible Business; or (f) use of a prize.
25. The laws of Australia and New Zealand apply to this promotion to the exclusion of any other law. Eligible Businesses submit to the exclusive jurisdiction of the courts of and New Zealand .
26. Entry and continued participation in the promotion is dependent on the authorised representatives following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php.
27. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Authorised representatives on behalf of an Eligible Business understand that they are providing their information to the Promoter and not to Facebook. The information an Authorised representatives provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook. Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by an authorised representative/Eligible Business, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.