Terms & Conditions

Schedule

Terms & Conditions

1. Information on eligibility, mechanisms on how to enter, prizes and the information in the Schedule form part of these Terms & Conditions. Participation in the Promotion is deemed acceptance of these Terms & Conditions.
2. Any capitalised terms used in these Terms & Conditions have the meaning given in the Schedule, except where stated otherwise.

Eligibility & Entry

1. Entry is open to residents of the Relevant Jurisdictions aged eighteen (18) years or over (Entrants) who sign up with the Promoter as members (or are existing members) and complete a minimum of two (2) x half-hour paid sessions per week each (these may be comprised of Personal Training, Goals Sessions or a Nutrition Session) charged at no less than $55 per session during the course of a 63 Day Period during the Promotional Period. Employees (as well as their immediate family members) of the Promoter, retailers, suppliers and associated companies and agencies are not eligible to enter the Promotion.
2. To be eligible:
   1. Entrants must attend two Goals Sessions, which include undergoing a bioscan at one of the Promoters locations, with:
      1. The first bioscan conducted during the first Goal Session during the 63 Day Period; and
      2. The final Goal Session and BIOSCAN must not be longer than 63 days after the initial Goal Session. Therefore, if an entrant’s first Goal Session (GS1) is held on Saturday 26th of August 2023, their last Goal Session (GS2) must be on Saturday 28th of October 2023. No submissions will be accepted after this date.
   2. The second bioscan conducted no longer than the 63 day period must be held no more than one (1) hour on either side of the time of day as the Entrant’s first bioscan during the 63 Day Period. Therefore, if an Entrant’s first bioscan is at 10 AM, the second bioscan must be held between 9 AM and 11 AM on the designated day. Submissions outside the one (1) hour window will be deemed ineligible. A bioscan cannot be completed online or virtually.
   3. The promotion commences officially on Monday 14th of August 2023 and closes for entry on Saturday 26th of February 2023 (“Promotional Period”).
   4. Entrants must provide the Promoter with the necessary Before and After Photos. Head to toe shots, one (1) front on, one (1) side profile, the pose must be in the same initial goals and final goal session.. The Before and After Photos must comply with the following requirements:
      1. the distance between the entrant and the photographer must be the same;
      2. arm position must also be the same in before and after photos; and
      3. a white wall background is preferable.

The photos will be taken at the Promoter’s facilities by the Entrant’s trainer and uploaded to MyVision and VOS (Vision Operating System) by the Entrant’s trainer. Photos that do not comply with the requirements of this clause are ineligible.

2. 5. Entrants must not receive any “unfair advantage” as determined by the judges. This may include but is not limited to manipulation of body water, illegal performance-enhancing drugs or surgical procedures either prior to, during or at completion of the Promotion.
   6. Entrants who have won any promotion conducted by the Promoter in the previous twelve (12) months prior to the Start Date must not have a starting weight of more than five (5) kilograms of their finish weight of any previous promotion that they won.
3. Trainers whose clients have won previously will remain eligible.
4. To enter the Promotion, Entrants must complete the Entry Procedure during the Promotional Period. Entries may only be submitted in accordance with the Entry Procedure and will not be accepted by the Promoter in any other form.
5. Entrants may enter the Promotion up to the Maximum Number of Entries.
6. Entries must be received by the Promoter during the Promotion Period. Online or email entries are deemed to have been received at the time of receipt by the Promoter and not at the time of transmission.
7. Incomplete and ineligible entries will be deemed invalid. Entries will also be deemed invalid if they breach these Terms & Conditions as determined by the Promoter in its sole discretion or any other content guidelines notified by the Promoter during completion of the Entrant’s completion of the Entry Procedure.
8. 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 to disqualify any Entrant. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
9. No free sessions or free programs of any kind may be given to Entrants during the Promotion. Entrants are able to use the Promoter’s facilities and attend group training sessions during the Promotion.
10. A mid-way challenge BIOSCAN is permitted however does not affect or contribute in any way to the final outcome of the Challenge, results or submissions for the entrants participating.

Selection

11. The Winner(s) will be notified as specified in the Schedule.
12. The Winner(s) will be selected in accordance with the Winner Selection Criteria outlined in the Schedule.
13. Any Winner(s) full name and city of origin will be published in the Promoter’s Email Newsletter, in a national newspaper, and/or on the Site, or on the Promoter’s social media accounts, including but not limited to, Facebook, Twitter and Instagram. Such publication will be done within 30 days of the Selection Date. It is a condition of entry into the Promotion that the Winner(s) consents to the publication of such information and participates in any media releases which may include photographs of the Winner(s) by the Promoter. By entering into this Promotion, Entrants consent to the use of their names and likenesses in this manner.
14. Entrants are responsible for any and all expenses incurred when entering the Promotion and accessing, claiming and/or using the Prize (unless otherwise stated on the Site). Entrants are advised that tax implications may arise from the Prize, and they should seek independent financial advice prior to acceptance of the Prize. The Promoter accepts no responsibility for any tax implications that may arise from acceptance of a Prize.
15. In the event that a Winner(s) entry is deemed or found to be invalid, the Promoter may decide on another Winner(s) in accordance with the Winner Selection Criteria.
16. A judge’s decision in relation to any aspect of the competition will be final and binding on every person who enters. No correspondence will be entered into with challenge entrants, employees of the promoter, franchisees or their employees regarding any aspect of the competition.

 Prizes

17. The Prize(s) are specified in the Schedule.
18. If any Prize is unavailable and the Promoter has used all reasonable efforts to arrange the Prize, the Promoter may, in its absolute discretion, reserve the right to substitute the Prize with a prize of equal value and/or specification, subject to any written directions from a regulatory authority.
19. Where cash is awarded as a Prize, the Prize will be awarded in the form of electronic funds transfer to the Winner(s) nominated bank account, at the Promoter’s election.

Claiming Prizes

20. The Prize(s) must be claimed by the Redemption Date in accordance with any claim instructions set out in the Schedule. The Promoter may require the Winner(s) to provide relevant evidence in order to claim the Prize, such as proof of identity, age, and any relevant proof of purchase.
21. If the Winner(s) does not claim the Prize before the Redemption Date, the Prize will be deemed to be forfeited by the Entrant.
22. The Promoter will deliver the Prize in accordance with the Schedule. Should circumstances outside the Promoter’s control occur, which cause a delay in delivery of the Prize, the Promoter will not be liable.

 General

23. Medical Advice: As with any physical activity, it is important that before beginning any fitness regime, all Entrants consult with healthcare professionals to ensure that they are mindful of their current health and any restrictions that are appropriate. Entrants should seek medical attention if they have any concerns regarding their medical or physical condition. 
24. Fitness: It is important that before beginning any fitness regime or weight loss program, such as the Promotion, that Entrants consult with healthcare professionals to ensure that they are mindful of their current health and any restrictions that are appropriate for or may prevent them from participating in the Promotion. Entrants should immediately seek medical attention if there are any unanticipated changes to their physical condition at any time.
25. Personal information: The Promoter collects personal information from all Entrants in order to conduct the Promotion and may, for this purpose, collect, use and disclose such information to third parties, including but not limited to agents, contractors, service providers, Prize suppliers and as required, to regulatory authorities. Please see the Promoter’s Privacy Policy (linked in the Schedule) for more information about how the Promoter collects, stores, uses and discloses personal information, including details about overseas disclosure, access, correction, how Entrants can make a privacy-related complaint and the Promoter’s complaint-handling process. By providing personal information to the Promoter, the Entrant agrees to the collection, use, storage and disclosure of that information as described in this clause 23 and the Promoter’s Privacy Policy.
26. Non-Excludable Guarantees: Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify any legislation which cannot lawfully be excluded or limited, including the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), Consumer Guarantees Act 1993, Fair Trading Act 1986 or any other applicable State or Territory legislation (Non-Excludable Guarantees).
27. Consequential Loss: Despite anything to the contrary, to the maximum extent permitted by law, the Promoter will not be liable under these Terms & Conditions for any consequential loss including but not limited to loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use (including both real and anticipatory) and/ or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
28. Liability: Except for any liability that cannot be excluded by law (including the Non-Excludable Guarantees), the Promoter (including its respective officers, employees and agents) will not be liable to an Entrant for, and the Entrant waives and releases the Promoter in respect of all liability (including but not limited to all expenses, costs, damages, claims, losses) arising in any way out of or in connection with:

1. any act or omission of an Entrant;
2. any breach of these Terms & Conditions by the Entrant;
3. any personal injury or death or property loss or damage;
4. claiming the Prize;
5. use of the Prize in any way;
6. any theft of any Prize or unauthorised access or third-party interference in the Promotion;
7. any entry or Prize claim that is late, lost, altered, damaged, delayed, corrupted or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; or
8. any tax liability incurred by a Winner(s),

except to the extent such liability was caused or contributed to by the Promoter’s negligent act or negligent omission.

29. Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under this Agreement if such delay or failure is caused or contributed to by a Force Majeure Event. Force Majeure means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.
30. Legal Warning: Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of the Site, or the information on the Site, or to otherwise undermine the legitimate operations of the Promotion may be a violation of criminal and civil laws and, should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Terms and Conditions or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.
31. Social Media: Social media membership pages, applications and use of social media generally is subject to the prevailing terms and conditions of use of the social media platform. Unless otherwise indicated in these Terms and Conditions, the Promotion is in no way sponsored, endorsed or administered by, or associated with, any social media platform including, but not limited to, Instagram, Facebook, Twitter and Pinterest. If an Entrant uses social media to participate in the Promotion, the Entrant understands that they are providing their information to the Promoter and not to any social media platform. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other Internet users. By participating in the Promotion, the Entrant releases Instagram, Facebook, Twitter, Pinterest or applicable social media site from all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs associated with the Promotion.
32. Currency: Unless the contrary intention appears, a reference in these terms or in any advertisement relating to the Promotion, to Australian dollars, dollars, AUD$ or $ is a reference to the lawful currency of Australia.
33. Amendments: If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to State, Territory or New Zealand regulation.
34. Jurisdiction: These Terms and Conditions are governed by the laws of New South Wales and the Commonwealth of Australia and New Zealand. Entrants submit to the jurisdiction of the courts of New South Wales.
35. Dispute Resolution: In the event of a dispute, Entrants must contact the Promoter and attempt to resolve the dispute in good faith. If the matter can’t be resolved, either party may refer the matter to a mediator. The costs of the mediation will be shared equally between the parties.
36. Entire Agreement: These Terms and Conditions represent the entire agreement between the Promoter and any Entrant (including the Winner(s)) with respect to its subject matter and supersede any prior agreement, understanding or arrangement between the Promoter and any Entrant (including the Winner(s)), whether oral or in writing.
37. Representations: The Promoter excludes all warranties, guarantees or representations (whether express or implied) except as expressly provided in these Terms and Conditions.
38. Intellectual property rights: All intellectual property rights in the entries vest in the Promoter upon submission of the relevant entry. Where the Promotion involves submission of any materials including but not limited to answers to questions, a statement, idea or opinion, video or voice recordings, images, works of art, designs or photographs (Content), all Entrants represent, warrant and agree that:
    1. the Content must not contain any viruses or cause or be likely to cause any injury or harm to any person or entity;
    2. the Content must be the work of the individual submitting it;
    3. the Content must not have been published elsewhere or have won a prize in any other competition or promotion;
    4. before submitting the Content, Entrants have obtained all appropriate consents and/or permission relating to a person who appears in, or whose property appears in, the Content.
    5. each Entrant must warrant that the submission of the Content does not infringe the intellectual property rights of any third party. Entrants must warrant that the Content they are submitting is their own work and that they own the copyright for it;
    6. the Promoter may remove or decline to publish any Content without notice to the relevant Entrant;
    7. the Promoter may use their likeness, image and/or voice or any entrant (including photograph, film or recording) in any media whatsoever throughout the world for the purpose of promoting this Promotion or other similar promotions and promoting any products manufactured, distributed and or supplied by the Promoter. The Entrant will not be entitled to any remuneration for such use.
39. Last updated: 10/07/2023

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