You might even get lucky, and be looking flat out cool in a new pair of 'Cozi by Jennifer Hawkins' swimmers. Just take an active selfie of yourself getting into shape for Summer and upload it onto Instagram with the hashtag #SubwayCozi, and you could be 1 of 100 winners of the exclusive orange design swimwear! It's that easy, and who doesn't mind the odd selfie or two!
All you need to do is upload your
‘Active Selfie’ to Instagram, #SubwayCozi
and you’re in the draw to WIN!Don’t forget to follow @Subway_AustraliaWinners“SUBWAY ACTIVE SELFIE” PROMOTION ("Promotion")
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.
2. The Promoter is Subway Franchisee Advertising Fund of Australia Pty. Ltd (ABN 21 071 190 317) of Level 1, 42 Amelia Street, Fortitude Valley, Queensland 4006. The promotion will be administered by RIPE Solutions Pty Ltd (ABN 26 150 189 272) of Suite 2, Level 1, 208 Given Terrace, Paddington, QLD 4064 on behalf of the Promoter.
3. Entry is only open to Australian residents aged 18 years or over (“Entrant”). Individuals must have an Instagram account in order to participate in this Promotion.
4. Subject to clause 4, employees (and their immediate families) of the Promoter, Doctor’s Associates Inc., Franchise World Headquarters, LLC, Subway Systems Australia Pty Ltd, participating SUBWAY® restaurants, RIPE Solutions Pty Ltd 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.
5. Promotion commences at 12:01am AEDST on 28/10/2013 and ends at 11:59pm AEDST on 01/12/2013 (“Promotional Period”). No purchase necessary. Odds of winning depend on the amount and quality of Entries received.
6. To be eligible to enter, Entrants must take an original and creative photograph which demonstrates how they live an active and healthy lifestyle (“Photograph”). For example, the Photograph could show the Entrant practicing yoga, going for a run, making a healthy meal, blending a healthy smoothie, etc.
7. To enter, Entrants must then complete the following steps during the Promotional Period (“Entry”):
a) access their Instagram account;
b) log in to become a ‘Follower’ of “@Subway_Australia”; and
c) upload their Photograph, including the hashtag “#SubwayCozi and mention “@Subway Australia” in the caption field. Individuals must ensure that their Instagram account is a public (not private) Instagram account to be eligible to participate. Individuals must still be following “@Subway_Australia” on 02/12/2013 for winner notification purposes to be eligible to win/claim a prize in the event they are selected as a winner.
Each Entrant warrants to the Promoter that each Photograph and any other content submitted in their Entry is an original creative work of the Entrant that does not infringe the rights of any third party. All content must comply with and is subject to the provisions contained in clauses 22 and 23. Entries that contain prohibited or inappropriate content, or are otherwise in breach of these Terms and Conditions will not be eligible to win.
8. Additional data rates may apply for entries submitted via mobile phone. Any cost associated with accessing Instagram is the Entrant’s responsibility and is dependent on the Internet/mobile phone service provider used.
9. Incomplete or indecipherable Entries will be deemed invalid.
10. Multiple Entries permitted, subject to the following: (a) each Photograph must be substantially unique; (b) each Entry must be submitted separately and in accordance with entry requirements; (c) a limit of one (1) Entry per Entrant per day applies; and (d) a limit of one (1) prize per Entrant applies.
11. 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. In this respect, the Promoter reserves the right to request the entrant to provide evidence of their identity. The Promoter will decide what documents will be sufficient (including but not limited to drivers licence, passport, or similar).
12. 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 who submits an Entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions will 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.
13. This is a game of skill and chance plays no part in determining the winners. Each Entry will be individually judged by the Promoter's marketing team (“Judges”), and each Entry will be judged based on the originality and creative merit of the Photograph submitted and how well the Photograph encapsulates the promotional theme. Judging will take place at the Promoter's office at Level 1, 42 Amelia Street, Fortitude Valley, Queensland, 4006 commencing on 02/12/2013. The Judges may select additional reserve Entries which they determine to be the next best, and record them in order of merit, in case of an invalid Entry or ineligible Entrant.
14. The winners will be notified in writing by way of a comment on their winning Photograph (“Winner Notification”). The winners must then email the Promoter at
Instagram@subway.com.au and provide their full name and Australian mailing address as well as the style of swimmer they would like to receive within 30 days of Winner Notification in order to organise delivery of their prize (“Winner Response”). The winners’ names will also be published online at
www.facebook.com/SubwayAustralia and at
www.subway.com.au on 09/12/2013.
15. The Promoter’s decision is final and no correspondence will be entered into.
16. The best one hundred (100) valid Entries, as determined by the Judges based on the criteria outlined in paragraph 13 of these Terms and Conditions, will each win a pair of Cozi by Jennifer Hawkins swimmers with a Subway Exclusive design, valued at $99. The swimmers will be available in a one piece style or bikini style, and will be available in women’s sizes 8,10,12 and 14. Each winner will be able to select the style and size of the swimmers they would like to receive once they are notified, based on product availability.
17. Prizes will be delivered to each winner’s nominated Australian mailing address (as specified in the Winner Response) by Registered Post.
18. If for any reason a winner does not claim/take a prize within 30 days of Winner Notification, then the prize will be forfeited by that winner and another winner will be selected in their place (in accordance with clause 13). If a prize remains unclaimed by an alternate winner after 30 days from the date of Winner Notification, that prize will be forfeited.
19. 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.
20. Total prize pool value is $9,900.
21. Prizes are not transferable or exchangeable and cannot be taken as cash.
22. Each Photograph submitted as part of an Entry (“Work”) becomes the property of the Promoter. Entries will not be returned to any Entrant. As a condition of entry, each Entrant irrevocably grants to the Promoter a non-exclusive perpetual worldwide licence to use and exploit all intellectual property rights (including without limitation, copyright) in and to the Work and consents to the Promoter doing (or omitting to do) any acts in respect of the Work which may otherwise constitute an infringement of the Entrant’s moral rights. For the avoidance of doubt, the Promoter may use all or any part of an Entrant’s Work(s) for any purposes at its discretion, including, without limitation, using the Entrant’s Work(s) for promotional, marketing or publicity purposes, whether in respect of this promotion, the Promoter, or otherwise. Each Entrant warrants to the Promoter that each Entry submitted is an original creative work of the Entrant that does not infringe the rights of any third party. By entering this Promotion, the Entrant agrees to indemnify the Promoter against all costs and claims by third parties arising from a breach of this warranty, in addition to any claims with respect to the acceptance, use or misuse of the prize.
23. All materials submitted by an Entrant via the Promotion including Photographs (“Content”) must comply with the following guidelines to be an eligible Entry: Content may not be sexually explicit or suggestive, offensive, threatening, dangerous, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic or contain nudity; Content may not promote alcohol, underage drinking, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous or that are illegal, or any particular political agenda or message; Content may not defame, misrepresent or contain disparaging remarks about Promoter, the SUBWAY® brand, Doctor’s Associates Inc. (“DAI”), Franchise World Headquarters LLC (“FWH”), Subway Systems Australia Pty Ltd., or other people, products or companies; Content may not contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; Content may not contain or mention copyrighted or trademarked materials, logos or trade dress owned by others without permission; Content may not contain materials embodying the names, likeness, photographs, or other indicia identifying any person, including, but not limited to, celebrities and/or friends, living or dead, without permission; Content may not communicate messages or images inconsistent with the positive images and/or goodwill to which the Promoter wishes to associate; Content may not itself be in violation of any law or otherwise; Content may not include any dangerous stunts, pyrotechnics and/or abuse of animals; Content must not defame or invade the publicity rights or the privacy of any person, living or deceased, or otherwise infringe upon any person's personal or proprietary rights; Content that includes materials that are not original to the Entrants may be disqualified at Promoter’s discretion; and Promoter reserves the right to disqualify any Entry for any reason, in their sole and absolute discretion.
24. 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.
25. 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) to modify, suspend, terminate or cancel the promotion, as appropriate.
26. 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, RIPE Solutions Pty Ltd, SUBWAY® restaurants, Subway International B.V., Subway Systems Australia Pty Ltd, DAI, FWH, and SUBWAY® Development Agents (including their respective officers, employees and agents) (“Released Entities”) 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.
27. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter RIPE Solutions Pty Ltd, SUBWAY® restaurants, Subway International B.V., Subway Systems Australia Pty Ltd, DAI, FWH, and SUBWAY® Development Agents (including their respective officers, employees and agents) are 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) taking and/or use of a prize. To the extent permitted by law, entrants hereby release the Released Entities for any direct, indirect or consequential loss, damage, or injury to any person whatsoever, arising from their participating in this Promotion, or in connection with winning, accepting or using (or not winning, accepting or using) any Prize.
28. As a condition of accepting a prize, each 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.
29. The Promoter and RIPE Solutions Pty Ltd collect 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, and prize suppliers. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information provided by winners for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the winner. Entrants should direct any request to opt-out, access, update or correct information to the Promoter. All Entries become the property of the Promoter. For RIPE Solutions Pty Ltd’s Privacy Policy visit
http://www.ripesolutions.com.au/info/head_and_foot/footer_menu/privacy_policy/For the Promoter’s Privacy Policy visit
http://www.subway.com.au/info/privacy_policy/30. Entry and continued participation in the Promotion is dependent on individuals following and acting in accordance with the Instagram Terms of Use which can be viewed at
http://instagram.com/legal/terms/.
31. This Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. The information an individual provides will only be used by the Promoter for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this Promotion must be directed to the Promoter and not to Instagram. Instagram will not be liable for any loss or damage or personal injury which is suffered or sustained by an individual, as a result of participating in the promotion, except for any liability which cannot be excluded by law.
32. The laws of Queensland, Australia apply to this Promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Queensland, Australia.
SUBWAY® is a registered trademark of Doctor's Associates, Inc. All rights reserved.
©2013 Doctor's Associates Inc.
Australian Competitions Club
