"BLUE RIBBON PROTEIN BAR CHIN UP COMPETITION" PROMOTION
TERMS AND CONDITIONS
Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
Entry is only open to Australian and New Zealand residents. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.
Employees (and their immediate families) of the Promoter 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.
Entries into the promotion open on 16/09/19 and close at 11:59pm AEDT on 14/10/19 ("Promotional Period"). This promotion will be comprised of two (2) components: (a) a game of skill component ("Chin Up Competition"); and (b) a prize draw ("Draw").
To enter the Chin Up Competition, eligible individuals must, during the Promotional Period:
- record a 60-second video of themselves doing as many chin ups as possible and post the video to their social media account;
- tag the applicable Blue Ribbon social media account: @blueribbonanz (Instagram) or @blueribbonicecream (Facebook); and
- go to www.blueribbonANZ.com/proteinbar ("Entry Website"), locate and complete the entry form, including a link to the social media post containing the video.
Videos (and chin-ups within the video) must meet the following criteria to be considered by the Promoter:
- Feet cannot be on the ground;
- Chin ups cannot be assisted;
- Chin ups must be in the Prone grip (palms facing away from body);
- Filming must take place from front on of entrant;
- Entrant's arms must start in a fully stretched position and then chin must touch or go over the bar to classify as one chin up;
- Entrant must fully stretch out their arm to reset;
- Entrant's whole body must be visible for the whole 60 second clip.
- Grip must be wider than shoulders width apart to classify as a chin up.
To enter the Draw, eligible entrants must, during the Promotional Period, complete the above steps to enter the Chin Up Competition and check the box on the Entry Website at the point of entry indicating that they would like to enter the Draw.
Only one (1) entry is permitted per person.
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 reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may 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. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
Incomplete, indecipherable or illegible entries will be deemed invalid.
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.
The judging for the Chin Up Competition will take place at Level 1, 137 Pyrmont St, Pyrmont NSW 2009 on 16/10/19 at 12pm AEDT.
The Chin Up Competition is a game of skill and chance plays no part in determining the winners. Each entry will be individually judged based on how many chin ups the entrant can do in 60 seconds.
The two (2) entries (one male and one female) into the Chin Up Competition that contain the highest number of chin ups (that meet the criteria specified above), as determined by the judges, will each win $1,000.00 cash.
In the event of a tie between two (2) or more entrants, the Promoter will determine the winner as follows: the entrant with the best technique as judged by the Promoter, in its sole discretion, will win the prize.
The Draw will take place at Anisimoff Legal, Suite 5, 210 The Central Coast Highway, Erina NSW 2250 on 16/10/19 at 12pm AEDT. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
All winners will be notified by telephone and email within two (2) business days of the draw and their names will be published on the Entry Website on 21/10/19.
The Promoter's decision is final and no correspondence will be entered into.
The first two (2) valid entries drawn in the Draw will win a 1-year gym membership at either Anytime Fitness or Goodlife Health Centres (as determined by the Promoter) valued at up to AU$1,250.00.
The gym membership prizes are subject to the gym's venue and membership terms and conditions, including any applicable age restriction.
Cash prize will be awarded in the form of a cheque unless specified otherwise.
If a winner of any prize is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian on the winner's behalf.
Subject to the unclaimed prize draw clause, if for any reason a Draw winner does not take a prize (or an element of the prize) at the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
Total prize pool value is up to AU$4,500.00
Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified
A draw for any unclaimed Draw prizes may take place on 16/01/20 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners, if any, will be notified by telephone and email within two (2) business days of the draw and their names will be published on the Entry Website on 20/01/20.
Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images ("Content"). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
- they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
- their Content shall not contain viruses or cause injury or harm to any person or entity;
- they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
- the Content is either the original work of the entrant that does not infringe the rights of any third party, or, the entrant will otherwise obtain full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, and the Content does not infringe the rights of any third party;
- they consent to any use of the Content which may otherwise infringe the Content creator's/creators' moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
- they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
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.
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) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
Any cost associated with accessing the promotional website is the entrant's responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
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 or any statutory consumer guarantees as provided under consumer protection laws in New Zealand ("Non-Excludable Guarantees"). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) 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.
Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is 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) use of a prize.
Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php or Instagram Rules, which can be found at http://instagram.com/about/legal/terms
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. Entrants understand that they are providing their information to the Promoter and not to Facebook or Instagram. The information an entrant provides will only be used 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 Facebook or Instagram. Facebook or Instagram will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.
The Promoter is Unilever Australia (ABN 66 004 050 828) of Level 17, 2 Park Street, Sydney NSW 2000.
NSW Permit No. LTPS/19/37659. ACT Permit No. TP19/04082.