Open to members of Anytime Fitness who are Australian residents only. Entrants, under the age of 18, as of the date of entry, must have their parent or guardian’s permissions to enter this promotion. Competition opens 01/02/15 at 12:01 (AEST) and closes on 28/02/15 at 23:59 (AEST). Total prize pool is valued at up to $500 (Inc. GST). The winners will be randomly drawn by ASICS Oceania Pty Ltd at 10 Interchange Drive Eastern Creek NSW 2766 at 11:00 (AEST) Thursday 05/03/15. Winners will be notified by email within 2 days of the draw and will be published online (on https://www.facebook.com/ASICSaustralia) for twenty eight (28) days. The Promoter is ASICS Oceania Pty Ltd of 10 Interchange Drive Eastern Creek NSW 2766 ABN: 59 003 091 389. Company reserves the right to extend or end competition periods without notice. NSW Permit Number: LTPS/14/10163, ACT TP 15/00107
Competition: Create a running plan with My ASICS for a chance to win a $500 ASICS voucher.
1. Information on how to enter and prizes form part of these conditions of entry. Entry into the promotion is deemed acceptance of these conditions of entry.
2. To the extent of any inconsistency between these Terms and Conditions and any other reference to this competition, these Terms and Conditions prevail.
3. The Promoter is ASICS Oceania Pty Ltd of 10 Interchange Drive Eastern Creek NSW 2766 ABN: 59 003 091 389.
4. Entry is open to Australian Residents only who have fulfilled the requirements set out below. Employees and their immediate families of ASICS and their printers, suppliers, providers and agencies associated with this promotion are ineligible.
5. If entrants have not yet reached the legal age to purchase online (18 years old), entrants must have their parent or guardians enter on behalf of them through the sign-up process. Entrants, under the age of 18, as of the date of entry, must have their parent or guardian’s permissions to enter this promotion.
6. Any Major Prize winner under the age of 18 years must (when the winner is contacted) nominate an adult to accept the prize on their behalf.
7. The Promotional Period is: Sunday 1st February 2015 12:01 (AEST) and concludes on Saturday 28th February 2015 23:59 (AEST). All entries must be received by the Promoter during the Promotional Period. This Promotion is an ASICS Oceania competition specifically conducted online at www.myasics.com.au.
The Prize: There will be 1 prize winner:
The one (1) major prize winner will receive 1 x $500 ASICS voucher to be redeemed online via www.asics.com.au. Prize cannot be redeemed for cash or exchange. Total major prize value of RRP$500.
8. This is a game of chance and the Promoter will ensure that all valid entries have an equal chance of winning a prize. The minor prize winners will be randomly drawn by ASICS Oceania Pty Ltd at 10 Interchange Drive Eastern Creek NSW 2766 at 11:00 (AEST) Thursday 05/03/15 from all valid entries. No responsibility is accepted for late entries. The winner’s name will be announced on http://www.asics.com.au/contact-asics at 15:00 (AEST) Monday 09/03/15 for twenty eight (28) days.
9. Winners will be notified by e-mail within two (2) business days of each draw. The Promoter reserves the right to publish the Winner’s names.
10. To enter the Promotion, Eligible Entrants must, during the Promotional Period via desktop:
10.1 Entrants for the major prize are obligated to create a running plan via myasics.com.au via online only.
10.2 It is each entrant’s responsibility to adhere to the requirements of the Terms & Conditions, and those applicable to the Promoter’s websites respectively and The Promoter will take no responsibility for any entry that has not been registered or is not submitted in accordance with these Terms and Conditions.
10.3 Eligible Entrants may enter multiple entries during the Promotional Period provided that each entry complies with these Terms & Conditions and each valid entry will give the entrant a chance to win a prize.
11. Incomplete, indecipherable, or illegible entries will be deemed invalid.
12. The Promoter reserves the right, subject to State and Territory legislation, to disqualify any entry where an entrant has breached these Terms and Conditions or submitted material which is deemed to be inappropriate. This is at the Promoter's discretion (Subject to State and Territory legislation) and discussions will not be entered into. The Promoter reserves the right to request winners to provide proof of identity. The proof must be presented by fax, email or post within 48 hours of request. Proof considered suitable for verification is at the discretion of the Promoter. Failure to provide such proof will immediately invalidate the prize winner’s entitlement to a prize, subject to State and Territory legislation.
13. By entering this competition, and by collecting a prize, the winner acknowledges and accepts that any other activities comprising the prize are inherently dangerous and may result in death, injury, incapacity, damage to property or other losses.
14. If the first chosen winner is unable to provide a proof of identity, during the Promotional Period, a second winner will be chosen. This will continue until a winner is able to take up the prize.
15. Total maximum prize pool value is RRP$500. The Prizes are not transferable or exchangeable and cannot be taken as cash. If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to State and Territory legislation. Cash will not necessarily be awarded as a substitute. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
16. The Promoter may conduct such further draws on 08/06/15 at the same time and place as the original draw in order to distribute any prizes unclaimed by this date, subject to State and Territory legislation. Winners of any further draws will be notified by email within two business days of the draw.
17. The Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law. The Promoter will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of or in connection with this promotion if the deficiency is occasioned by any cause outside the reasonable control of the Promoter.
18. 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, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law to (a) disqualify any Eligible Entrant or voter; or (b) to modify, suspend, terminate or cancel the Promotion, as appropriate (All actions taken by the Promoter including under this clause are subject to State and Territory Legislation).
19. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid. The Promoter, subject to State and Territory legislation, reserves the right to determine if this clause has been breached by an entrant in its absolute discretion.
20. The Promoter collects personal information in order to conduct this promotion, conduct the draw and to notify and publish the winners.
22. Unfortunately no data transmission over the Internet can be guaranteed as totally secure. Whilst we endeavour to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly any information which you transmit to us is transmitted at your own risk, however once we receive your transmission, we will take reasonable steps to preserve the security of such information.
23. The Promoter highly recommends a current residential street address be provided when requested for ease of correspondence and potential prize delivery. The Promoter makes all reasonable efforts to deliver prizes to the addresses provided by competition entrants. The Promoter cannot guarantee that any prizes returned to the Promoter due to non-delivery at the provided address will be re-sent to the prize winner.
24. The Promoter reserves the right, subject to State and Territory legislation, to conduct a redraw in the event that an entrant, claiming to be a winner, is unable to satisfy these Terms and Conditions or has breached these Terms and Conditions.
25. Nothing in these Terms and Conditions limit, exclude or modify 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 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.
26. 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 a prize The Promoter (including its’ officers, employees and agents) excludes all liability for any loss (including, without limitation, indirect, special or consequential loss or loss of profits or opportunity), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this competition including taking or using a prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law), including the Non-Excludable guarantees. Any change in value of the prize occurring between the publishing date and date the prize is claimed is not the responsibility of the Promoter.
Authorised under competition permits: ACT TP 15/00107, NSW LTPS/14/10163
YOUR RIGHT TO USE THE SITE AND ITS CONTENTS
All materials on the Site, including but not limited to audio, images, software, text, artwork, video clips and other materials (Content) are protected by copyright under Australian copyright law, international conventions, and other copyright laws. You shall not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit, in whole or in part, the Site or the Content. There are a number of proprietary logos, service marks, and trade marks found on the Site, all of which are owned by, or licensed to, or otherwise authorized for use by the Company. By making them available on the Site, the Company is not granting you any licence to utilize those proprietary logos, service marks, or trade marks. Any unauthorized use of the Content may violate copyright laws, trade mark laws, the laws of privacy and civil and criminal statutes.
You may download one (1) copy only of the Content to be used only by you for your personal and non-commercial use at home. If you download any Content from the Site, you may not remove any copyright or trade mark notices or other notices that accompany it.
RIGHTS TO USER'S MATERIAL
The Company welcomes your feedback and is pleased to have you submit your comments regarding its products. However, we request that you be specific in your comments, and that you do not voluntarily submit any ideas, suggestions or materials related to the business of the Company. If despite this request, you do voluntarily submit any ideas, suggestions or materials related to the business of the Company either directly to the Site or indirectly by means of any third party, including without limitation, Bazaar Voice, Facebook, Instagram, Youtube, Pinterest or Twitter (Submissions), these Submissions shall be deemed, and shall remain, the exclusive property of the Company. No Submissions shall be subject to any obligation of confidence on the part of the Company, and the Company shall not be liable for any use or disclosure of any Submissions. Without limitation to the foregoing the Company shall exclusively own the rights of copyright, patent rights, and all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe, and the Company shall be entitled to use, reproduce, modify, adapt, publish, translate, license, create derivative works from and distribute such materials or incorporate such Submissions into any form, medium, or technology now known or later developed throughout the universe, for any purpose whatsoever, commercial or otherwise, without compensation to the author(s) or provider(s) of the Submissions.
Company does not usually actively supervise, edit, control, monitor or censor the Submissions. However, Company may from time to time review Submissions and you acknowledge that Company retains the right to edit or take down Submissions and may suspend you from participating on the Site in Company's sole discretion. You also acknowledge that some views or opinions expressed are those of other users of the Site which are not necessarily shared by Company and Company does not endorse any Submissions or any opinion, recommendation or advice contained in them.
You irrevocably waive any right which you have or which you may in the future have to make any claim or demand or institute any legal or quasi legal proceedings against Company based on the contents of any Submissions included on this Site.
By posting Submissions on the Site you agree to the following:
(a) you are entering into a communication with us and we can contact you via email and other commercial electronic messages in relation to the Submissions or with information that we believe will be directly relevant and of interest to you. You have the option to opt out of this service at any time upon notice and you may Contact Us to provide the notice.
(b) if you have chosen to receive e-mail updates and newsletters, if any, these can be cancelled at any time and you may Contact Us to provide the notice of cancellation.
SECURITY OF ELECTRONIC TRANSMISSIONS
Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others, unless there is a special notice that a particular message is encrypted. Sending an e-mail message to the Company does not create any reciprocal obligation or responsibility of the Company to you.
LINKS TO OTHER WEBSITES
The Site may contain links to other Internet sites on the World Wide Web. The Company provides such links for your convenience only, and is not responsible for the content of any website linked to or from the Site unless it is owned or published by the Company. Links from the Site to any other website do not indicate that the Company approves of, endorses, sponsors, or recommends that website. The Company disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other website.
DESCRIPTIONS OF PRODUCTS
The Company attempts to provide accurate descriptions of all products displayed on the Site. However, we do not warrant that the product descriptions are complete or error-free.
AVAILABILITY OF PRODUCTS
The products displayed on the Site may not be available in your particular country, state or locality. The reference to such products on the Site does not imply or warrant that these products will be available at any time in your particular location. The Company attempts to provide accurate and up-to-date information through this Site, but we do not warrant that the information is complete or error-free.
Your use of the Site is at your own risk. The Site (including all content and functions made available on or accessed through the Site) is provided "as is." To the fullest extent permissible by applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties, guarantees and conditions of merchantability and fitness for a particular purpose, workmanlike effort, title, and non-infringement. Furthermore, the Company does not warrant that the server that makes the Site available is free of viruses or other harmful components that may infect, harm, or cause damage to your computer equipment or any other property when you access, browse, download from, or otherwise use the Site.
All health and medical information or advice displayed on this Site, if any, is not intended to be relied upon or used by you in isolation. We may use the services of qualified health and medical professionals but the Company is not qualified to and does not provide medical advice. Any health or related information displayed on this Site should not be used in place of the advice of your doctor or other health care provider. We do not recommend the self-management of health or medical problems, nor do we promote or recommend any particular form of medical or alternative treatment. Company recommends that you consult with your doctor prior to commencing any training programs created and displayed on the My ASICS site. You should never disregard medical advice or delay seeking it because of something you have read on this Site. You should always seek prompt medical care for any specific health issue.
Company is under no obligation to keep and maintain any data entered or submitted by you to My ASICS. Company is not obliged to make any back-up(s) of data submitted by you.
The inclusion of any advertising or other information or third party material on any page of the Site which promotes products or services to be supplied by a party other than the Company does not imply that Company endorses or recommends any such party, product or service.
While all reasonable care has been taken in publishing and maintaining the Site, Company and sponsors of any material presented on the Site accept no liability or responsibility whatsoever for, or in respect of, any use of the Site or any reliance upon material contained on the Site or any linked Site. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
Company will not be liable for any loss resulting from any action or decision by you in reliance on the material or content on the Site, nor any interruption, delay in operation or transmission of the Site. You are solely responsible for any damage to your computer systems or loss of data that results from your use of the Site.
You expressly acknowledge and agree that Company does not exert control over users of the Site and Company is not liable either for their opinions or their behaviour, including any information or advice and any defamatory statements or offensive conduct on their part or the breach of any law including those relating to privacy.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, the Company's negligence, shall the Company be liable for any direct, consequential, incidental, indirect, punitive, or special damages that result from (A) the use of, (B) the inability to use, (C) errors or omissions in the contents and functions of, the Site, even if the Company or an authorized representative of the Company has been advised of the possibility of such damages. To the extent that the Competition & Consumer Act, 2010 does not allow the exclusion or limitation of consequential or incidental damages, the above limitation or exclusion may not fully apply to you. In no event shall the Company's total liability to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) exceed AUD$1.00.
Without limitation to the foregoing, Company’s liability, if any, for any breach of a condition, warranty or guarantee implied by the Competition & Consumer Act, 2010 which cannot be excluded is limited to any one or more of the following as determined by Company in its absolute discretion:
(a) in the case of goods, the replacement or repair of the goods or the supply of equivalent goods; or the payment of the cost of repairing the goods or of supplying equivalent goods; and
(b) in the case of services, the supply of the service again; or the payment of the cost of having those services supplied again.
INDEMNITY AND WAIVER BY USER
If you use the My ASICS free on-line running service you agree to assume full responsibility for all risks and inherent dangers including risk of injury and you hereby waive all of your legal rights of action against and fully release the Company for all loss, damages, injury or death howsoever arising out of or in relation to your use of My ASICS including without limitation, liability for any negligent or tortious act or omission, breach of duty, breach of contract or breach of statutory duty on the part of the Company, its officers, employees, contractors and agents.
You further acknowledge and agree that your use and reliance on My ASICS is voluntary and absolutely at your own risk and you fully appreciate the nature and extent of all risks involved in such use or reliance. This waiver shall bind you and your executors.
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