Promotion Terms - BFAU0003

Motion is Life Pty Ltd Terms and Conditions of Entry

 

1. Information on how to enter and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions. Customers may submit one entry per email address they use. Only one (1) prize will be assigned, chosen at random. Any unclaimed prize will be redrawn 30 days after the initial prize draw.

 

2. Entry is open to residents of Australia. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion. Employees and the immediate families of the Promoter and its agencies associated with this promotion are ineligible to enter. Entries can only be made by entering from any relevant Motion is Life landing page. Entry is automatic on receipt of a confirmed email address.

 

3. The Promoter reserves the right, at any time, to verify the validity of entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an order that is not in accordance with these Terms and Conditions or who tampers with the entry process. 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

 

4. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.

 

5. Promotion commences on 14th August, 2019. Entries close last email received at 11:59pm AEDT (for online orders) on 18th December, 2019 (“Promotional Period”) and all entries must be received by that date.

 

6. Following the end of the Promotional Period, the Promoter will verify all entries and determine the winner, to be completed at 11:00am, AEDT on Thursday 19th December, 2019. In the event the major prize is not claimed, a second chance draw for the major prize will take place on 21st December, 2019 at 3pm AEST. All entrants that have submitted an email address during the Promotional Period will be included in the second chance draw for the unclaimed major prize. The first valid entry drawn from all valid entries received will win the prize of a GenuTrain Knee Brace S valued at $289.95. Draw winner will be notified in writing by email within 2 business days and their prize will be sent to them within 28 days. Promoter’s decision is final and no correspondence will be entered into.

 

7. Unless otherwise due to fraud or ineligibility under these terms and conditions all prize claims in excess of the advertised prize pool will be honoured.

 

8. Prizes are not transferable or exchangeable and cannot be taken as cash unless otherwise stated. If a winner of any major prize is under the age of 18 years, the prize will be awarded to the winner’s nominated parent or guardian on the winner’s behalf.

 

9. 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, subject to any written directions from a regulatory authority.  

  

10. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or 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.

 

11. 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.

 

12. 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 State 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.

 

13. Except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees, the Promoter (including its 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: (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) a prize.

 

14. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. The Promoter will also use and handle personal information as set out in its Privacy Policy, which can be viewed at www.bauerfeind.com.au/pages/privacy-policy. Entry is conditional on providing this information. By entering the promotion, unless otherwise advised by the entrant, each entrant consents to the information they submit with their entry being entered into a database and, in addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may use this information in any media for future promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant, without any further reference or payment or other compensation to the entrant. All personal details of the entrants will be stored at the office of the Promoter. A request to access, update, opt out or correct any information should be directed to that office. Any complaints regarding the treatment of personal information should also be directed to that office and will be dealt with by the Promoter in accordance with its Privacy Policy. All entries become the property of the Promoter.  Unless otherwise indicated by the Promoter, the Promoter may disclose personal information overseas.

 

21. The Promoter is Motion is Life Pty Ltd of 227 Elizabeth Street, Sydney, NSW, 2000. A.B.N. 72 622 383 466.

22. Trade Permit Number: LTPS/19/37219