http://www.genesiswinacar.com.au/webadTerms and Conditions of Entry for the "Genesis Chance to Win a Car Promotion" (Promotion) 1. Information on How to Enter and prize information form part of these Conditions of Entry (Conditions of Entry). 2. Entry into the Promotion is deemed acceptance of these Conditions of Entry. 3. The Entrant is responsible for ensuring his or her familiarity with the Conditions of Entry at the time of participation. The Promoter's decision not to enforce a specific restriction (whether communicated to an Entrant or not) does not constitute a waiver of that restriction or of the Conditions of Entry generally. 4. All Entrants acknowledge that the Promoter can rely on these Conditions of Entry even if the Promoter only learns of a person's ineligibility after the Promoter has awarded the prize to the ineligible person. Return of the prize or payment of its equivalent value to the Promoter may be required by the Promoter if this occurs. 5. The Promoter's decision in relation to any aspect of these Conditions of Entry and the Promotion is final and binding on every person who enters. No correspondence will be entered into. 6. The Promoter is The Trustee for BELGRAVIA LEISURE UNIT TRUST trading as Genesis Fitness of 20 Longstaff Road, Bayswater, Victoria, 3153 ABN : 18 118 940 063 (Promoter). 7. The outlets participating in the Promotion are Genesis Fitness Clubs nationally (Participating Clubs) listed at
www.genesisfitness.com.au PROMOTION PERIOD 8. The Promotion will be open from 00:01 AEST on 1/06/2012 until 23:59 AEST on 30/06/2012 (Promotion Period). 9. Entry in the Promotion is only open to Australian residents aged 18 years and over, excluding: (a) management, employees, directors and contractors of the Promoter, its related entities, the Participating Clubs and other agencies, firms or companies associated with the Promotion (including suppliers of prizes); (b) a spouse, de-facto spouse, parent, guardian, child or sibling of a person referred to in paragraph (a) of these Conditions of Entry; (c) persons who have breached the terms and conditions of any promotion run by or on behalf of the Promoter, (Eligible Entrant). The persons referred to in paragraph (b) of these Conditions of Entry 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 10. To gain one (1) entry into the Prize Draw and be eligible to win, Eligible Entrants who : (a) Hold a current, financially up to date Genesis Fitness Club Membership must refer four (4) friends to a Participating Club during the Promotion Period (Referred Friends). The Referred Friends must visit a Participating Club and fully complete a referral form (Referral Visit) the Referred Friend 2 | P a g e must ensure that they provide the current member's name, phone number, residential address and email address when completing their referral form on their Referral Visit. Upon completion of the referrals the Participating Club will enter the Eligible Entrants details into the Promotion database (Eligible Entry); (b) Hold a current, financially up to date Genesis Fitness Club Membership must sign up to a further 24 month Genesis Fitness Club Membership contract at a Participating Club during the Promotion Period (Extending Membership). Upon Extending Membership the Participating Club will enter the Eligible Entrants details into the Promotion database (Eligible Entry); (c) Do not hold a current, financially up to date Genesis Fitness Club Membership must join a Participating Club during the Promotion Period on a minimum 12 months. (Joining Up). Upon Joining Up the Participating Club will enter the Eligible Entrants details into the Promotion database (Eligible Entry). 11. To claim the prize an Eligible Entrant must be a current, financially up to date Genesis Fitness Club Member of a Participating Club at time of claiming the prize. VERIFICATION 12. If requested by the Promoter, entrants must produce, within the time requested by the Promoter at its absolute discretion appropriate photo identification or other documentation, required by the Promoter to verify their identity, age, eligibility to enter the Promotion and claim the Prize (if drawn) and compliance with these Conditions of Entry. If the items required by the Promoter are not received or an entry has not been verified to the satisfaction of the Promoter within the time period required by the promoter, the entry will be deemed invalid and, at the Promoter's absolute discretion, all of the entrant's remaining entries will be invalid. Prize will only be awarded following all validation and verification requirements of the Promoter being met to its satisfaction. 13. All costs associated or arising in connection with the Prize are the responsibility of the Prize winner. 14. Entrants can only enter the Promotion in their own name. DRAW AND PRIZE INFORMATION 15. A random electronic prize draw will be conducted at Prime Focus 403/62 Beach St Port Melbourne VIC 3207 (Draw Location) at 12 noon AEST 05/07/2012 (Prize Draw). 16. The first valid entry drawn in the Prize Draw will win a 2012 Volkswagen POLO, valued at a maximum of $30,000 (depending on the winners’ place of residence) (Prize). The Prize is Volkswagen Polo Trendline 5 Door 5 Speed Manual 2012. Further details of the Prize are available at
www.volkswagen.com.au The Prize includes on road costs, the maximum value of which will vary depending on the State or Territory in which the Prize is registered. The on road costs are dealer delivery and statutory government charges and one year’s registration and compulsory 3rd party personal insurance (CTP/TAC, etc) for private use. To be eligible to claim the Prize, the Prize winner must be capable of obtaining motor vehicle registration of the Prize in his or her name in accordance with the applicable legislation in the State or Territory in 3 | P a g e which the winner resides. If the winner is, through any legal incapacity or otherwise, unable to register the Prize in his or her name then he/she may, notwithstanding any other provision of these conditions, transfer the Prize to another person with legal capacity for the purpose of registering the Prize in the State or Territory in which the winner resides. Prize will be delivered to the Participating Club at which the winner is a Current Member and awarded to the winner by the C E O of Genesis Fitness or the CEO’s delegate. Any costs incurred by the Prize winner to collect the Prize are the responsibility of the Prize winner. Any number plate details used in the Promotion material for this Promotion are representational only. Prize color is at the Promoters discretion. No color choice of the Prize is available. The Prize excludes any optional extras. The supplying dealer will not provide a substitute model. The supplying dealer will not exchange the Prize for cash. Unless expressly stated within these Conditions, all expenses incurred in relation to the Prize (including additional insurance) are the responsibility of the winner. The Prize must be redeemed in full by 31 August 2012. 17. An Entrant and / or Prize Winner must, if requested by the Promoter, agree to and sign: I. an eligibility form confirming their compliance with the Conditions of Entry and eligibility to accept the prize; and/or II. a liability release in a form to be determined by the Promoter at their discretion. In the case of an Entrants’ and or the Prize Winner’s failure to return the signed eligibility form, releases and indemnities will result in the disqualification of that entrant from the Promotion. A reply paid address will be provided. 18. The total value of the prize pool available to be won in the Promotion is AU$30,000 RRP (including GST). NOTIFICATION OF WINNER 19. The Prize Draw winner will be: (a) notified phone and mail; and (b) published in The Australian on 25/07/2012. UNCLAIMED PRIZE DRAW 20. If the Prize is won by an Eligible Entrant and they do not claim their Prize by 11:59am on 07/11/2012, a random electronic re-draw will be conducted at 12:00 noon on that date at the Draw Location by a representative of the Promoter from all remaining Eligible Entries received in the Promotion, subject to any directions from State and Territory Gaming Departments. NOTIFICATIONS OF RE-DRAW WINNER 21. The Re-Draw winner, if any, will be: 4 | P a g e (c) notified by Phone and Mail; and (d) published in The Australian on 28/11/2012. 22. Acceptance and use of the Prize is subject to terms and conditions imposed by those involved in providing goods and / or services as part of or in connection with the Prize. 23. If more than one person attempts to claim the Prize, the Promoter has sole and absolute discretion to determine which of those persons the winning entrant is. GENERAL 24. There is a maximum of one (1) entry per Eligible Entry in the Promotion. 25. Prize is not transferable, exchangeable or redeemable for cash. Prize must be taken as offered and may not be varied. 26. The Promoter shall not be liable for the Prize being lost, stolen, damaged or tampered with in any way before it reaches the winner or after it has been released to the winner. 27. The Promoter accepts no responsibility for any variation in the value of the Prize from the time of printing Promotion materials. 28. If the Promoter is unable to provide the winner with the nominated Prize, the Promoter reserves the right to supply an alternative prize of similar monetary value to the nominated prize, subject to any directions given by State and / or Territory Gaming Departments. 29. 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 Participating Clubs will be open, at all times during the Promotion Period. 30. If, for any reason, the Promotion is not capable of being run as planned, including due to 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 States and Territories regulations, including cancelling, terminating, modifying or suspending the Promotion. 31. Any entrant who, in the opinion of the Promoter, tampers or interferes with the entry mechanism or Prize 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. 32. The: (a) Promoter, the Promoter's related entities, the Participating Clubs and all agencies associated with the Promotion; and (b) the employees, agents, directors and contractors, of all entities referred to in paragraph 32(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, 5 | P a g e suffered or sustained by any person or entity (without limitation) in connection with, or arising from, the Promotion or the acceptance or use of the Prize, except that which cannot be excluded by law (in which case that liability is limited to the maximum extent allowable by law). 33. The Promoter accepts no responsibility for any tax liabilities that may arise from winning or receiving the benefit of the prize. 34. Prize winner must, at the Promoter's request, participate in any Promotion activity (such as publicity and photography) relating to the winning of the prize, free of charge, and they consent to the Promoter using their name and image in any future promotional material. 35. CAUTION: Any attempt to deliberately undermine the legitimate operation of this 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. PERSONAL INFORMATION 36. All entries become the sole property of the Promoter. 37. All information Eligible Entrants and Referred Friends provide (Personal Information) will be used by the Promoter for the purpose of conducting this Promotion and may be entered into a database and the Promoter, the Promoter's related entities, agencies engaged by the Promoter, or any other third party nominated by the Promoter, for the Promoter's current and future promotional and marketing purposes without further reference or compensation to them. 38. The Promoter may disclose Eligible Entrants' or Referred Friends’ Personal Information to its contractors and agents to assist in conducting this Promotion and as required, to Australian regulatory authorities. 39. Eligible Entrants or Referred Friends can request access to update or correct their Personal Information held by the Promoter and may request that they not receive further Promotional or marketing communications from the Promoter by contacting the Promoter at the address above. Should an Eligible Entrant's contact details change during the Promotion Period, it is the Eligible Entrant's responsibility to notify the Promoter. 40. The Promoter is bound by the National Privacy Principles in the Privacy Act 1988. Authorised under Permit Numbers – NSW LTPS/12/04180, VIC 12/1203, SA T12/950 & ACT TP 12/01929.
Australian Competitions Club
