http://www.unsw-ymca.org.au/oweek-terms



Terms and conditions - UNSW Unigym Win an Apple Watch

Terms and Conditions of Entry for the “UNSW Unigym Win and Apple Watch" (Promotion)

 These terms and conditions of entry, including information on how to participate and Major Prize details (Terms), apply to the Promotion and entry into the Promotion is deemed acceptance of these Terms.
The Promoter is the Young Men’s Christian Association of Sydney (ARBN 067 150 010) of 20 Smith Street, Parramatta, New South Wales 2150 (Promoter).
The centre participating in the Promotion is UNSW Fitness & Aquatic Centre (Participating Centre).
The Promotion will be open from 5:00am AEST on 22 February 2016 until 10:00pm AEST on 6 March 2016 (Promotion Period).
Entry in the Promotion is only open to Australian residents:
aged 18 years and over; and
aged under 18 years, who have obtained their parent or guardian's consent to enter the Promotion on these Terms and whose parent or guardian have agreed to these Terms, excluding:
management, employees, directors and contractors of the Promoter, its related bodies corporate and other agencies, firms or companies associated with the Promotion (including suppliers of Prizes);
a spouse, de-facto spouse, parent, guardian, child or sibling of a person referred to in paragraph 5(c) of these Terms;
persons who have won a Prize or Prizes valued either individually or collectively at more than $5,000 (including GST) in any Promotion run by or on behalf of the Promoter, within the 12 months prior to the commencement of the Promotion Period;
persons who have used or attempted to use any more than one name in order to qualify to win a promotion run by or on behalf of the Promoter (except in the case of a legal change of name); and
persons who have breached the terms and conditions of any promotion run by or on behalf of the Promoter.(Eligible Entrants).
 The persons referred to in paragraph 5(c) of these Terms includes natural and non-natural relations (in the opinion of the Promoter) and the Promoter is responsible for determining whether a person is an Eligible Entrant in its absolute discretion.
HOW TO ENTER:  To enter and be eligible to win, Eligible Entrants must, during the Promotion Period:
Purchase a UNSW Unigym direct debit membership between the period of 22/02/2016 and 06/03/2016 (Eligible Purchase);
Limit of 1 entry per Eligible Purchase per person. (Eligible Entry).
A suspension or cancellation of membership, or having fees outstanding during the promotion period will deem their eligibility invalid for this promotional draw.
One entry into the Promotion will be allocated to the listed responsible person.
VERIFICATION:  Prizes will only be awarded following all validation and verification requirements of the Promoter being met to its satisfaction.
Entrants can only enter the Promotion in their own name.
In order to claim a prize, the Major Prize winner is required to sign a Promotion Participation Agreement on terms determined by the Promoter, including:
confirming their eligibility to enter the Promotion and compliance with these Terms; and
providing a release and indemnity in favour of the Promoter in respect of their participation in the Promotion and acceptance and use of their prize.
DRAW AND MAJOR PRIZE: The random prize draw will take place at 15:00 AEST on 14/03/2016 at Young Men’s Christian Association of Sydney, Level 5, 20 Smith Street, Parramatta NSW 2150 by the Marketing Manager, YMCA NSW from all Eligible Entries received during the Promotion (Draw).
 The first Eligible Entrant with a valid Eligible Entry drawn in the Draw will win the Major Prize consisting of an Apple Watch sport edition, 38mm Silver Aluminium Case with Sport Band (colour selection is at the Promoter’s discretion) and is valued at AUD$499.00.
The Draw winner will be:
notified by telephone and e-mail;
published in the website http://www.unsw-ymca.org.au and the Facebook page of the centre.
 If the Major Prize remains unclaimed by 15 June 2016, a random electronic re-draw will be conducted on that date at 10:00am at Young Men’s Christian Association of Sydney, Level 5, 20 Smith Street, Parramatta NSW 2150 by the Marketing Manager, YMCA NSW from all remaining Eligible Entries received in the Promotion.
The Re-Draw winner, if any, will be:
notified by telephone and e-mail;
published in the website http://www.unsw-ymca.org.au and the Facebook page of the centre.
If more than one person attempts to claim the Major Prize, the Promoter has sole and absolute discretion to determine which of those persons is the winning entrant.
To collect the Major Prize, the winner will be provided with a mutually agreeable time to collect the prize from a representative of UNSW Fitness & Aquatic Centre.
GENERAL Each Eligible Entry counts toward one entry only.
In order to  participate in the “UNSW Unigym Win and Apple Watch" promotion, the Major Prize winner, and the parent or guardian of any child participating in the Major Prize, are required to register for a membership as stated in paragraph 7 of these terms which will:
confirm their eligibility to enter the Promotion and compliance with these Terms;
providing a release and indemnity in favour of the Promoter in respect of their participation in the Promotion and acceptance and use of the Major Prize; and
must agree to adhere to any additional terms and conditions in place with the Major Prize provider.
 Major Prizes are not transferable, exchangeable or redeemable for cash. Major Prizes must be taken as offered and may not be varied.
 The Promoter accepts no responsibility for any variation in the value of the Major Prize.
If the Promoter or their suppliers are unable to provide the winner with the nominated Major Prize, the Promoter reserves the right to supply an alternative Major Prize of similar monetary value to the nominated Major Prize, subject to any directions given by the New South Wales Office of Liquor, Gaming and Racing and the Gambling and Racing Commission, Australian Capital Territory.
The Promoter accepts no responsibility for any entries not received for any reason during the Promotion Period. No responsibility will be taken for lost, late or misdirected entries. The Promoter does not warrant that the entry mechanism will be available, or the Participating Centres will be open, at all times during the Promotion Period.
If, for any reason, the Promotion is not capable of being run as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter reserves the right in its absolute discretion to take any action that may be available to it, subject to NSW regulations, including cancelling, terminating, modifying or suspending the Promotion.
Any entrant who, in the opinion of the Promoter, tampers or interferes with the entry mechanism or Draw in any way, engages in any unlawful or improper conduct which jeopardises or is likely to jeopardise the fair or proper conduct of the Promotion, or who does not properly comply with the entry process, will be ineligible to win.
Incomplete, illegible, indecipherable or incorrect entries are not eligible to win.
The Promoter reserves the right to disqualify entries in the event of non-compliance with these Terms. The Promoter's decisions in relation to all aspects of the Promotion are final and binding on each entrant and no correspondence will be entered into.
The Promoter collects (and the Participating centres collect on the Promoter's behalf) personal information about entrants to include entrants in the Promotion and where appropriate award the Prize. If the personal information requested is not provided, the entrant cannot participate in the Promotion. By participating in the Promotion, each entrant consents to the Participating centre disclosing their personal information to the Promoter and the Promoter and the Participating centres using, and disclosing their personal information to the Promoter's related entities, the Promoter's or the Participating Centres' agencies and other third parties engaged to provide services in connection with the Promotion (including suppliers of Major Prizes) for use for the following purposes:
contacting the entrant in relation to the Promotion;
improving the Promoter's, the Promoter's related entities' or the Participating Centres' goods and services; and
in the Promoter's and its agencies case, the purposes set out in the Promoter's privacy policy (available by writing to the Promoter at the address set out in paragraph 2 of these Terms). The Eligible Entrant provides this consent until such a time as they withdraw their consent by giving notice to the Promoter. Eligible Entrants can gain access to, update or correct any personal information held by the Promoter by contacting the Promoter at the address set out in paragraph 2 of these Terms. Eligible Entrants can also gain access to, update or correct any personal information held by the Participating Centre by contacting the Participating Centre set out in paragraph 3 of these Terms. All personal information will be stored at the office of the Promoter and/or the Participating Centre – as the case may be.
By entering the Promotion, entrants agree and acknowledge:
that the Promoter (or an agent of the Promoter) and/or, with the Promoter's consent (including consent subject to any conditions), [the Participating Centres (or an agent of the Participating Centres), may:
obtain comments from them about the Promotion and take photos or recordings of them (and contacting them for those purposes);
use any of the comments, photos or recordings obtained from them, their name, and/or likeness (the Materials) for the Promoter's and/or, with the Promoter's consent (including consent subject to any conditions), [the Participating Centres', future promotional and marketing purposes without further reference or compensation to them;
may duplicate, alter, adapt and utilise the Materials in any manner at anytime, anywhere, and by any means (including communicating them to the public in any media, including media not yet in existence); and
may license, authorise or otherwise transfer the rights in the Materials to others to do the things outlined in paragraph 36(a)(iii) of these Terms;
on creation of the Materials, they:
grant to the Promoter a royalty free, perpetual, non-exclusive and irrevocable licence to use the Materials for whatever purpose the Promoter determines; and
where the Promoter consents, they grant to the Participating Centres – a royalty free, perpetual, non-exclusive and irrevocable licence to use the Materials for whatever purpose the Promoter consents to;
they unconditionally and irrevocably:
consent to any act or omission that would otherwise infringe any of their moral rights in the Materials (as defined in Part IX of the Copyright Act 1968 (Cth) and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given (Moral Rights); and
waive all Moral Rights in the Materials that arise outside Australia; and
they agree not to institute, maintain or support any claim or proceeding for infringement of their Moral Rights in the Materials.
The:
Promoter, the Promoter's related entities, the Participating Centres, and all agencies associated with the Promotion; and
the employees, agents, directors and contractors, of all entities referred to in paragraph 38(a), shall not be liable for any loss or claim, action, demand, liability, damage, cost, expense or personal injury whatsoever (including but not limited to any direct, indirect or consequential loss), incurred, suffered or sustained by any person or entity (without limitation) in connection with, or arising from, the Promotion or the acceptance or use of, or participation in, the Major Prize, except that which cannot be excluded by law (in which case that liability is limited to the maximum extent allowable by law).
 The Promoter accepts no responsibility for any tax liabilities that may arise from winning or receiving the benefit of the Major Prize.
Eligible Entrants agree and acknowledge that all entries and any intellectual property rights subsisting in their entries become and remain the property of the Promoter.
If the Major Prize winner is under 18 years of age, the Major Prize will be awarded to their parent or guardian.
Each entrant and, if the entrant is under 18 years of age, their parent or guardian, acknowledges and agrees that it is a condition of participation in the Promotion that the entrant be capable of agreeing to these Terms and giving the consents contained herein.
The parent or guardian of each entrant under 18 years of age:
will ensure that the entrant in respect of whom they agree to these Terms, will comply with these Terms; and
warrants that the entrant in respect of whom they agree to these Terms, is capable of agreeing to these Terms and giving the consents contained herein.
The parent or guardian of each entrant under 18 years of age agrees to indemnify the Promoter against
any claims made by the entrant, his or her guardian, any member of his or her family or any other party, against the Promoter in connection with the Promotion or the entrant's participation in the Promotion; and
any losses (including any liability) caused by any act or omission of the entrant which is inconsistent with these Terms.
 The parent or guardian of each entrant under 18 years of age who participates in the Promotion, acknowledges that they are provided with the opportunity for their child to participate in the Promotion, as consideration for their agreement to these Terms.
 The Promoter may require any parental or guardian consent or agreement referred to in these Terms to be produced in writing, and such consent if requested must include the words "in consideration of the Promoter agreeing to admit the entrant into this Promotion, [name of Parent or Guardian] agrees to be bound by the terms of entry into the Promotion".
 

Authorised under NSW permit number. LTPS/16/00519