SWEEPSTAKE PROMOTION TERMS AND CONDITIONS

Promoter

  1. The Promoter's are the brands listed in the schedule of prizes. For queries, call 1300 194 748

Terms and conditions

  1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

Who can enter?

  1. Entry is only open to Australian residents aged 18 years or over.
  2. 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.

Promotional period

  1. Promotion commences on 16/11/2020 and ends at 11:59pm AEDT on 21/11/2020 (“Promotional Period”).

How to enter

  1. To enter, individuals must, during the Promotional Period, visit
    1. https://www.vervefitness.com.au/ or a participating partners' website;
    2. follow the prompts to the Promotion entry page and input the requested details into the online entry form;
    3. when prompted, prepare and submit a response to the two questions; and
    4. submit the fully completed online entry form (“Entry Requirements”).
  2. Only one (1) entry is permitted per person. 
  3. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual 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 Errors and omissions will be addressed by the Promoter in its sole 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. 
  4. Incomplete, indecipherable entries will be deemed
  5. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine whether the entrant will be allowed to continue participating in the Promotion.

Winner

  1. The Winner will be notified in writing via the nominated email within two (2) business days of  selecting the winner and will be published on the Promoter’s website at the following address https://www.vervefitness.com.au/ (“Website”).
  2. The Promoter’s decision is final and no correspondence will be entered into.

Reserve entries

  1. VERVE May select one (1) or more additional reserve entries and record them in order of which entries best satisfy the Competition Criteria in case an invalid entry or ineligible entrant is selected as the Winner or the winner does not claim their prize in accordance with these Terms and Conditions (“Reserve Entries”).

Prize details

  1. The Winner will win A $1,00 VERVE Gift Voucher. Total Prize value is up to AU$1,000 (including GST). 
  2. If the Prize (or part of the Prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the Prize (or part of the Prize) with a prize in equal value and/or specification. 
  3. The Prize, or any unused portion of the Prize, is not transferable or exchangeable and cannot be taken as cash.
  4. There is no guarantee that any part of the Prize will be suitable for the Winner, and no substitute Prize will be offered should any part of the prize not fit the Winner's 

Unclaimed Prize

  1. The Promoter will take all reasonable steps to identify and notify the Winner in an attempt to ensure that the Winner receives their Prize. However, if the Winner cannot be identified or does not claim the Prize within one (1) month of the date on which the Winner is published on the Website, their Prize is forfeited and will be awarded to the first Reserve
  2. A Winner of an unclaimed Prize will be determined and notified in accordance with the Reserve Entry instructions set out in paragraph

Publicity

  1. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they win the Prize (including any photographs, film recording and/or voice recording of the same) 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.

Tampering with the Promotion

  1. 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 entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.

 Cost of entering Promotion

  1. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.

 Limitation of liability

  1. 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, as well as any other implied warranties under the ASIC Act 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 (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.
  2. 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 entrant; or (f) use of the Prize.
  3. As a condition of accepting the Prize, the winner must sign any legal documentation as and in the form required by the Promoter and/or Prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.

Intellectual property

  1. All entrants warrant that they have all necessary rights and ownership of any material submitted as part of their entry into this Promotion and that such material is not capable of infringing the intellectual property rights of a third party.
  2. By entering into the Promotion all entrants consent to, and grant the Promoter a royalty free, world-wide, non-exclusive and perpetual licence to use the written material and exploit the underlying intellectual property rights in the written material by:
    1. sharing the written material on all of the Promoter’s social media platforms including but not limited to Instagram and Facebook;
    2. including the written materials in presentations and materials provided to internal stakeholders, for the purposes of:
      1. promoting the Promotion and the products featured in the Prize; and
      2. reporting on, and promoting the Promotion to the Promoter’s internal stakeholders and sponsors. 
  3. The Promoter will not return any materials submitted by the entrants to the entrants after the end of the Promotion.
  4. Entrants acknowledge and agree that if their written materials are used by the Promoter at any time including during the Promotional Period that such use is not an indication or endorsement by the Promoter that the entrant has provided an entry that is capable of winning the Promotion. Any use by the Promoter of an entrant’s written materials will simply be to promote the Promotion the products forming the Prize and increase engagement with the Promotion.

Privacy

  1. The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including Prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. Entrants acknowledge and agree that their email and PI will be given to Prize suppliers and they may receive email marketing communications or other communications from those Prize Suppliers, but may at any time unsubscribe in accordance with the Spam Act. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter will not disclose entrant’s personal information to any entity outside of Australia.

Termination of Promotion

  1. The Promoter reserves the right to vary the terms of, or cancel, the Promotion at any time without liability to any entrant or other person, subject to applicable laws.

Governing law

  1. The laws of Queensland, Australia govern these terms and conditions and the conduct of the
  2. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and of the Commonwealth of Australia.