hanky_panky
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« Reply #1 : Saturday 28 August 2010, 11:24:18 am » |
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HYPOXI AUSTRALIA NATIONAL COMPETITIOHYPOXI COMPETITION Terms and Conditions of Entry for the "Check in your Excess Baggage with Hypoxi and Bag a Holiday Promotion" (Promotion)
1. These terms and condition of entry, including information on how to participate and prize details (Terms), apply to the Promotion and entry into the Promotion is deemed acceptance of these Terms. 2. The Promoter is Hypoxi Australia Pty Ltd (ABN 66 114 194 277) of 117 Foveaux Street, Surry Hills New South Wales 2010 (Promoter). 3. The outlets participating in the Promotion (Participating Outlets) are: 3.1 NSW a. Hypoxi Studio Surry Hills located at Ground Floor 117 Foveaux Street, Surry Hills NSW; b. Hypoxi Body Solutions located at Lot 66, 1 Dixon street Haymarket NSW: c. V-Tone located at Level 1, 74 Spring Street, Bondi Junction, Bondi Junction NSW; d. Dermagen Clinic located at 20 Burwood Road, Burwood, NSW: e. Hypoxi Body Design Studio Balgowlah located at 314B Sydney Road, Balgowlah NSW: f. CM Studio located at Level 1, 91 Cronulla Street, Cronulla NSW: g. Envisage Body Studio located at 12 – 14 Malvern Avenue, Chatswood NSW: h. @studiofx located at Unit 1, 212 Norton Street, Leichhardt NSW: i. HYPOXI Clinic Hornsby located at Suite 11 / 14 Edgeworth David Avenue, Hornsby NSW: j. HYPOXI Studio Neutral Bay located at level 2, 129 Military Road, Neutral Bay NSW: k. HYPOXI Experts Mona Vale located at Pittwater Place Shopping Centre, Level 1 Shop C15 10 Park Street, Mona Vale NSW: l. Rejuven8 Cosmetic Clinic Penrith located at Shop1, 344 High St, Penrith NSW: m. Hypoxi Studio Parramatta located at Level 2, Suite 1 & 2, 48 Macquarie Street, Parramatta NSW: n. Studio Bodyfit located at Level 1, 66A Erskine Street, Sydney NSW; o. Bayside Living Body Studio located at Shop 4, 217 Belgrave Esplanade, Sylvania Waters NSW: p. Bodefiant Studio located at Suite, 9 138 – 140 Elizabeth Drive, Liverpool NSW. 3.2 VIC a. Fernwood Women's Health Club Mitcham located at 602 Whitehorse Rd, Mitcham VIC: b. Hypoxi Body Shaping Elsternwick located at 330 Glen Eira Road, Elsternwick VIC: c. Hypoxi Body Shaping Kew located at Shop 1, 14 Walpole Street, Kew VIC: d. Hypoxi Body Contour Studio located at Suite 3, 261 Blackburn Road, Doncaster East VIC: e. Vibratone South Yarra located at 22 Toorak Road, South YarraVIC : f. Fernwood Women's Health Club Ferntree Gully located at Unit 6, 1849 Ferntree Gully Road, Ferntree Gully VIC: g. Port Phillip Body Studio located at 311 Bay Street, Port Melbourne VIC h. HYPOXI Studio Sandringham located at 4 / 231 Bay Road, Sandringham VIC. 3.3 WA a. Fernwood Women's Health Club Cannington located at 34 William St, Cannington, Perth WA: b. O2 Body located at 6 Moresby Road, Kensington WA: c. Hypoxi Toning Studio located at Suite 8/12 Davallia Road, Duncraig WA: d. Skin Gym located at 18 Essex Street, Fremantle WA: e. The Urbane Body Subiaco located at 324 Hay Street, Subiaco WA 3.4 QLD a. Bare Coorparoo located at 166 Cavendish Road, Coorparoo QLD: b. Body Reshape located at Shop 2, 41 Park Road, Milton QLD: c. body2beauty located at 15/104 Gympie Rd, Strathpine QLD: d. Body Curves located at Shop 33, 223 Calam Road, Sunnybank Hills QLD: e. The Hyper Room located at Shop 16 Rovera Plaza, 23 Cotton Tree Parade, Cotton Tree QLD: f. HYPOXI Body Zone located at1 / 2519 Gold Coast Highway, Mermaid Beach QLD; 3.5 SA a. Hypoxi Body Boutique Mawson Lakes located at 19-21 Metro Parade, Mawson Lakes SA: b. Hypoxi Body Boutique North Adelaide located at 13O'Connell St, North Adelaide SA. 4. The Promotion will be open from 07:00am Australian Eastern Standard Time (AESAEST]) on 1 August 2010 until 19.00 pm AEST on 9 September 2010 (Promotion Period). 5. 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, the Participating Outlets 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 5(a) of these Terms; (c) 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 (d) 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(b) of these Terms includes natural and nonnatural 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 6. To enter and be eligible to win, Eligible Entrants must, during the Promotion Period: (a) purchase any 12 session course of Hypoxi sessions for either the L250, S120, Vacunaut or HDC (Eligible Package)from a Participating Outlet (Qualifying Purchase); and (b) complete a promotion entry form either online or as provided in hard copy by the Participating Outlet (Entry Form) (providing all details required, including their full name, address, day time phone number and email) and submit the Entry Form online or to the Participating Outlet at which they made their Qualifying Purchase, (an Eligible Entry). DRAW AND PRIZE 7. A manual random prize draw will be conducted at 117 Foveaux Street, Surry Hills New South Wales (Draw Location) by a representative of the Promoter at 9:00am AEST on 10 September 2010 from all Eligible Entries received during the Promotion (Draw). 8. The first Eligible Entrant with a valid Eligible Entry drawn in the Draw will win a 5 day holiday package for 2 people at The Golden Door Elysia in the Hunter Valley NSW, including: (a) 5 nights accommodation in a one bedroom Villa (twin share); (b) 3 Gourmet spa cuisine meals a day for 5 days; (c) Wellness assessment on arrival; (d) Daily health education seminars including stress management, nutrition, goal setting, exercise and metabolism; (e) A wide range of fitness, health, education and relaxation activities; (f) Full use of all facilities including heated pools, sauna, steam room, spa, tennis courts, gymnasium, air conditioned spa and recreation room; (g) 2 pampering treatments including massages and facial; (h) 1 wellness consultation at the winner’s election between naturopathy, kinesiology or hypnotherapy; and (i) return transfers for 2 adults (persons 18 years of age and older) from the airport or train or bus terminal in the Australian capital city nearest the winner's residence to Sydney, on a transport carrier of the Promoter's choice; and (j) road transfers for 2 people from Sydney to The Golden Door Elysia, valued at AU$5000 (including GST) (RRP) (collectively the Prize). 9. All costs associated or arising in connection with the Prize are the responsibility of the Prize winner. In particular (but not limited to), the following are not included as part of the Prize - alcohol, additional activities and additional food outside the Prize and are the responsibility of the Prize winner. 10. The Prize must be booked for travel within 12 months of the Draw between 17 September 2010 and 17 September 2011. 11. Travel and Accommodation are subject to availability at the time of booking. 12. Penalties may apply for re-booking, amending, extending or cancelling travel and/or accommodation, and the responsibility or winners and/or their nominated travel companion as the case may be. 13. All components of the Prize must be taken together in a single trip and cannot be redeemed separately. 14. Any components of the Prize not used by the winner or their nominated travel companion are forfeited and the Promoter is not obliged to provide the winner or their nominated travel companion with the cash equivalent of or any substitute for any Prize component in those circumstances. 15. The Prize winner must hold a valid credit card and present it at the Accommodation to cover any incidental charges they include during their stay. 16. It is the responsibility of the Prize winner and their nominated travel companion to ensure they have obtained all relevant visas and vaccinations, and comply with all other requirements, for travel to The Golden Door. The Promoter takes no responsibility for forfeiture of travel as a result of a failure to meet such requirements. 17. Acceptance and use of the Prize and their nominated travel companion: (a) obtaining travel insurance for the duration of their participation in the Prize in an amount and from an insurer acceptable to the Promoter; and (b) agreeing not to act or fail to act in a manner which brings or may in the Promoter's opinion bring the Promoter or its related entities into disrepute, during the course of their participation in the Prize. 18. The total value of the Prize pool available to be won in the Promotion is AU$5000 (including GST). 19. The Draw winner will be: (a) notified by email; (b) notified by telephone; and (c) published in The Australian on 13 September 2010. 20. If the Prize is won by: (a) an Eligible Entrant who is not a resident of Western Australia and they do not claim their Prize by 11 December 2010, a random manual re-draw will be conducted on that date at 117 Foveaux Street Surry Hills, New South Wales by a representative of the Promoter all remaining Eligible Entries received in the Promotion, subject to any directions from State Gaming Departments; or (b) an Eligible Entrant who is a resident of Western Australia and their Prize remains unclaimed, the Promoter will retain their Prize until 10 September 2011, before seeking directions from the Department of Gaming, Racing and Liquor, Western Australia. 21. The Re-Draw winner, if any, will be: (a) notified by email; (b) notified by telephone; and (c) published in The Australian. 22. Acceptance and use of the Prize is subject to terms and conditions imposed by those involved in providing good and/or services as part of or in connection with the Prize, including (but not limited to) The Golden Door Pty Limited. VERIFICATIOVERIFICATION 23. Entrants must retain the original purchase receipt from their Qualifying Purchase (Proof of Purchase) which corresponds to all entries they submit in the Promotion in order to claim the Prize. 24. If requested by the Promoter, the provisional Prize winner must produce, within the time requested by the Promoter at its absolute discretion: (a) appropriate photo identification or other documentation, required by the Promoter to verify their identity, age, eligibility to enter the Promotion and claim the Prize and compliance with these Terms; and (b) their Proof of Purchase that corresponds to the entry they have submitted in the Promotion, before the Promoter issues their Prize. If the items required by the Promoter are not received or a provisional winning entry has not been verified to the satisfaction of the Promoter within the time period required by the promoter, the provisional winner's entry will be invalid and, at the Promoter's absolute discretion, all of the provisional winner's remaining entries will be invalid. Prizes will only be awarded following all validation and verification requirements of the Promoter being met to its satisfaction. 25. If more than one person attempts to claim the Prize, the Promoter has sole and absolute discretion to determine which of those persons is the winning entrant. GENERAGENERAL 26. Each Qualifying Purchase counts towards one entry only. 27. Each Eligible Entrant may enter the Promotion once only. 28. Entrants can only enter the Promotion in their own name. 29. In order to claim the Prize, the Prize winner, may be required to sign a Promotion Participation Agreement on terms determined by the Promoter, including: (a) confirming their eligibility to enter the Promotion and compliance with these Terms; and (b) 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. 30. Prizes are not transferable, exchangeable or redeemable for cash. Prizes must be taken as offered and may not be varied. 31. The Promoter accepts no responsibility for any variation in the value of the Prize. 32. 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 Gaming Departments. 33. 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 Outlets will be open, at all times during the Promotion Period. 34. 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 State regulations, including cancelling, terminating, modifying or suspending the Promotion. 35. 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. 36. Incomplete, illegible, indecipherable or incorrect entries are not eligible to win. 37. 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. 38. The Promoter collects (and the Participating Outlets collects 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 Outlets disclosing their personal information to the Promoter and the Promoter and the Participating Outlets using, and disclosing their personal information to the Promoter's related entities, the Promoter's or the Participating Outlets' agencies and other third parties engaged to provide services in connection with the Promotion (including the supplier of the Prize) for use for, the following purposes: (a) contacting the entrant in relation to the Promotion; (b) improving the Promoter's, the Promoter's related entities' or the Participating Outlets' services; (c) contacting the entrant in the future for the Promoter's, the Promoter's related entities' or the Participating Outlets' marketing purposes via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other media including media not yet in existence at the time of the Promotion; and (d) 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 of these Terms). The entrant provides this consent until such a time as they withdraw their consent by giving notice to the Promoter. 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. Entrants can also gain access to, update or correct any personal information held by the Participating Outlets by contacting the Participating Outlets at the address set out in paragraph 2. All personal information will be stored at the office of the Promoter and/or the Participating Outlets as the case may be. 39. By entering the Promotion, entrants agree and acknowledge: (a) that the Promoter (or an agent of the Promoter) and/or, with the Promoter's consent (including consent subject to any conditions), the Participating Outlets, may: (i) obtain comments from them about the Promotion and take photos or recordings of them (and contacting them for those purposes); (ii) use any of the comments, photos or recordings obtained from them, their name, and/or likeness (the MaterialMaterials) for the Promoter's and/or, with the Promoter's consent (including consent subject to any conditions), the Participating Outlets', future promotional and marketing purposes without further reference or compensation to them; (iii) may duplicate, alter, adapt and utilise the Materials in any manner at any time, anywhere, and by any means (including communicating them to the public in any media, including media not yet in existence); and (iv) may license, authorise or otherwise transfer the rights in the Materials to others to do the things outlined in paragraph 39(a)(iii) of these Terms; (b) on creation of the Materials, they: (i) grant to the Promoter a royalty free, perpetual, non-exclusive and irrevocable licence to use the Materials for whatever purpose the Promoter determines; and (ii) where the Promoter consents, they grant to the Participating Outlets a royalty free, perpetual, non-exclusive and irrevocable licence to use the Materials for whatever purpose the Promoter consents to; (c) they unconditionally and irrevocably: (i) 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 (ii) waive all Moral Rights in the Materials that arise outside Australia; and (d) they agree not to institute, maintain or support any claim or proceeding for infringement of their Moral Rights in the Materials. 40. The: (a) Promoter, the Promoter's related entities, the Participating Outlets, and all agencies associated with the Promotion; and (b) the employees, agents, directors and contractors, of all entities referred to in paragraph 40(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 Prize, except that which cannot be excluded by law (in which case that liability is limited to the maximum extent allowable by law). 41. The Promoter accepts no responsibility for any tax liabilities that may arise from winning or receiving the benefit of the Prize. 42. Entrants agree and acknowledge that all entries and any intellectual property rights subsisting in their entries become and remain the property of the Promoter.
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