Choose Go Elevated Run Session Sydney 11th March 2018 Promotion Terms and Conditions Who is running the competition?
The Promoter is Nike Australia Pty Ltd, (ABN 99 055 141 743), 28 Victoria Cres, Abbotsford VIC 3067.
When will the competition start and end?
The competition starts at 15.00pm (AEDT) on 02/03/2018 and ends at 9:00am (AEDT) on 11/03/18 (the Competition Period).
Who can enter?
Only Australian residents who: (a)
are aged 16 or over (and if under 18, have approval from their parent/guardian before entry);
(b)
can attend the ERS on 11/03/18;
(c)
can take the prize as specified to coincide with the LA Event on 22/04/18;
(d)
have a valid passport with a minimum of 12 months validity from 21/04/18;
(e)
be eligible for, and obtain, a US tourist visa;
(f)
upon request by the Promoter, sign a declaration and provide a current and valid National Police Check (or apply for a National Police Check at the time requested by the Promoter) to confirm you do not have a criminal background . See paragraph 9 for further details; and
(g)
are not a brand ambassador (or similar, in the Promoter's absolute discretion) for any other sports and/or sports fashion brand,
can enter. Who can't enter?
Directors, officers, management and employees of: (a)
the Promoter; or
(b)
the agencies or companies associated with this competition,
and their immediate families, can't enter. Where will the ERS take place?
The Nike Elevated Run Session will take place in Sydney, NSW, commencing at 9:30am (AEDT) on 11/03/18 from the Watsons Bay Hotel, 1 Military Road, Watsons Bay, Sydney 2030 (ERS).
What do I need to do?
You must, during the Competition Period:
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(a)
register to attend the ERS online in accordance with instructions provided in ERS communications;
(b)
provide all details as required, including by answering in 25 words or less "Why do you want to run your way to LA?";
(c)
participate in the ERS in accordance with all instructions and conditions specified by the event organisers; and
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(d)
be present at 12pm (AEDT) at the specified location at the ERS after your participation to hear the prize winner announcement.
To be eligible to win, you must be present at the prize winner announcement at 12pm (AEDT) (or such other time as advised by the Promoter at the ERS) at the specified location at the ERS (Prize Winner Announcement). How many winners will there be and how will they be chosen?
This is a game of skill. A judging panel appointed by the Promoter will review each valid entry and will judge the entries based on creativity and originality to determine the winner. Chance plays no part in how the winner will be selected. The valid entry judged to be the best will win the prize. All judging decisions are as determined by the Promoter, in their absolute discretion.
What can I win?
There is 1 prize available. The prize is a trip for the winner and a companion (including flights between Sydney and Los Angeles, USA (LA)) to participate in a Nike event in LA (to be confirmed and specified by the Promoter) on 22/04/18 valued at $3,000. If the winner resides anywhere other than Sydney, they must make their own way to Sydney in order to take the prize. The winner's companion must be aged 16 years or over or, if the winner is aged under 18, the companion must be the winner's parent or guardian. See paragraphs 3 to 7 for further prize details.
Total prize pool
The total prize pool is $3,000.
How many times can I enter?
You can enter once.
How and when will the winner be informed?
The winner's name will be announced verbally at the Prize Winner Announcement. The Promoter can't guarantee that all announcements can be heard in all parts of the ERS location. The winner must be present at the Prize Winner Announcement.
If I win, when must I claim my prize?
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At the Prize Winner Announcement, the provisional winner must make themselves known to event organisers and/or come forward to claim the prize immediately. If, despite all reasonable efforts, the prize is not claimed by the valid winner within a few minutes (as determined by event organisers at the Prize Winner Announcement), the relevant entry will be discarded and the Promoter will announce a new provisional winner who submitted the next best valid entry. This process will continue until a winner comes forward and claims the prize immediately.
These Terms and Conditions incorporate and must be read together with the details outlined in the table above. Information about prizes and how to enter forms part of these Terms and Conditions. By entering, you accept these Terms and Conditions. Your registration and participation in the ERS, and consequently your entry into this competition, is subject to the terms and conditions which apply to the ERS.
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Entry 12
Your entry must be received during the Competition Period. Your entry is deemed to be received only when received by the Promoter’s database. The Promoter is not liable for any problems with communications networks. You are responsible for your own costs associated with entering. If you enter using automatically generated entries or multiple aliases you may be disqualified.
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Your “25 words or less” statement must be your original work and not copied.
14
The Promoter may copy and amend your entry (including the “25 words or less” statement) and may use (or allow others to use) your entry and any rights in relation to your entry, to publicise this competition and for the purposes of marketing and promoting the Promoter's goods and services and you agree to waive any right to payment for such use. These rights are perpetual, royalty free, world-wide, irrevocable and transferable. For example, the Promoter may publish all or any part of your entry or any amended version of it. The Promoter may also decide not to publish an entry, to cease publication of an entry, or to publish an edited entry. Further, you agree to irrevocably and unconditionally waive any and all moral rights you have, or may accrue, in relation to your entry.
15
You warrant that your entry does not breach any third party rights (for example, intellectual property rights) and its use by the Promoter or any other person will not breach such rights nor otherwise breach any law (for example, it is not defamatory, in contempt of court or in breach of any privacy law). Your entry must not be obscene, offensive, malicious, discriminatory, indecent or (in the Promoter's opinion) otherwise objectionable or inappropriate (for example it must not include nudity or language the Promoter deems offensive). If the Promoter knows, suspects or believes (in its absolute discretion) that your entry contravenes any of the foregoing, the Promoter may discard your entry without notice to you.
Prize 16
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If you win, your prize includes the following for you and one companion: (a)
return economy airfares (including airfare taxes) for you and your companion from Sydney, Australia to LA, USA;
(b)
transfers in LA for you and your companion (transfers between your home and Sydney airport are not included);
(c)
3 nights' accommodation (twin share) in a minimum four star hotel (as determined by the Promoter) for you and your companion; and
(d)
tickets for you and your companion to Nike event in LA (to be confirmed and specified by the Promoter) on 22/04/18 (LA Event).
Accommodation, activities and flights are subject to booking and availability. The prize must be taken on the dates specified by the Promoter to coincide with the LA Event. If you reside anywhere other than Sydney, you and your companion must make your own way to/from Sydney in order to take the prize. Subject to the prize suppliers' conditions (including any additional fees), you may change your return flights at your own expense. You and your companion are responsible for all other costs related to the prize, including tourist visas, any meals, additional transfer costs, insurance (including excesses), in-room charges and additional taxes. All persons taking the prize must depart and return at the same time. The prize is subject to any additional conditions of the prize supplier/s including any conditions of travel and conditions of entry into the LA Event (including behaviour requirements and applicable dress codes). Costs for changes made by you (or your companion) to the prize after it has been booked must be paid by you and your companion as applicable. You and your companion must ensure that you have all necessary documents to travel to LA, USA, including a current and
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valid passport with 12 months' validity and any visas required. Your companion must be aged 16 years or over or, if you are under 18 years old at the date of departure, your companion must be your parent or guardian. If your companion is under 18 years old, their parent or guardian must agree to their participation in the prize. 18
Any failure by you or your companion to comply with the conditions imposed by the prize supplier(s) may result in the prize being cancelled or withdrawn without liability for the Promoter or the prize supplier(s). Tickets can only be used once and will be deemed invalid if copied. The Promoter does not control entry to the relevant LA Event location. You must keep your tickets safe and the Promoter will not replace lost or stolen tickets.
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If an event or activity included in the prize is abandoned, called off or postponed for any reason, you and your companion forfeit your entitlement to that prize element and you will not be given any cash or alternative tickets as a substitute for attending the event or activity. You will still receive all other components of the prize as long as they are still taken on the original date/s.
110
Participation in the LA Event is subject to the conditions and requirements imposed by the event organiser.
General 111
If you are a winner, you (and your companion) must take part in all publicity, photography and other promotional activity as the Promoter requires, without any compensation. You (and your companion) consent to the Promoter using your names and images in any promotional or advertising activity, and/or for the purposes of marketing and promoting the Promoter's goods and services.
112
If you are a winner, you (and your companion, as relevant) grant the Promoter and any of its related entities and the agencies and companies associated with this competition a perpetual, worldwide, irrevocable licence to record you, including, without limitation, any aspect of your participation in the competition and attendance at the LA Event and any related activities, for use in any and all manner or media as the Promoter sees fit without restriction, including the unlimited right to copyright, publish, exhibit or use such recording or any part thereof in any manner including, without limitation, in any promotional or advertising activity relating to the competition and the LA Event, and/or for the purposes of marketing and promoting the Promoter's goods and services. You (and your companion, as relevant) agree to waive any claim for payment for such use.
113
If you are a winner and/or companion, you may be required to: (a)
sign a declaration (provided by the Promoter) confirming that you do not have a criminal background and/or that you are not a brand ambassador (or similar) for any other sports and/or sports fashion brand; and
(b)
provide the Promoter with a valid and current National Police Check that confirms that you do not have a criminal background. If you do not have a valid National Police Check, you will be required to obtain a National Police Check.
114
You (and your companion) accept that participating in some aspects of the prize may be risky and that the prize may involve dangerous activities.
115
In order to participate in the activity/activities awarded as part of the prize, you (and your companion, as relevant) must comply with any applicable conditions (e.g. height, weight, health and fitness requirements). You must ensure that you (and your companion, as relevant) are healthy and fit enough to take the prize. The Promoter may deem that you (and your companion, as relevant) are insufficiently healthy or fit. You (and your companion, as relevant) must follow all requirements of the people responsible for managing the relevant activity/ies.
116
You (and your companion, as relevant and/or your respective parents/guardians if you or your companion are aged under 18) must, if required by the Promoter, sign disclaimer
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and release forms provided by the Promoter in favour of the Promoter and other parties before participating in the ERS and/or taking the prize. If you (or your companion or parents/guardians, as relevant) do not sign, your entry will be deemed invalid and you will lose any entitlement to a prize. 117
If you or your entry are deemed by the Promoter to breach these Terms and Conditions including if you are unable to take the prize on the dates specified by the Promoter or if you are not present at the Prize Winner Announcement, your entry may be discarded. The Promoter may, at any time, require you to produce documentation to establish to the Promoter's satisfaction the validity of your entries (including documentation establishing your identity, age, place of residence and place of employment). Failure by the Promoter to enforce any of its rights at any stage does not waive those rights.
118
You must not: (a)
tamper with the entry process;
(b)
engage in any conduct that may jeopardise the fair and proper conduct of the competition;
(c)
act in a disruptive, annoying, threatening, abusive or harassing manner;
(d)
do anything that may diminish the good name or reputation of the Promoter or any of its related entities or of the agencies or companies associated with this competition;
(e)
breach any law; or
(f)
behave in a way that is otherwise inappropriate.
12
If relevant, you are responsible for your companion/s and the Promoter may disqualify all entries from, and prohibit further participation in this competition by, you or your companion if they breach these conditions, whether or not legally bound by them.
13
If you (or your companion, if applicable), in the opinion of the Promoter (and/or a medical professional, as required), are intoxicated, under the influence of alcohol or any other drug, behave aggressively or offensively, or behave in a manner which may diminish the good name or reputation of the Promoter or any of its related entities or the agencies or companies associated with this competition, is contrary to law or is otherwise inappropriate, the Promoter may cancel the prize or restrict you (and your companion) from participating in any elements of the prize, at its discretion.
14
The Promoter is not liable for entries, prize claims or correspondence that are misplaced, misdirected, delayed, lost, incomplete, illegible or incorrectly submitted.
15
The Promoter’s decision in connection with all aspects of this competition is final.
16
Prizes cannot be transferred or exchanged nor redeemed for cash. Without limiting any other term of these Terms and Conditions, all prizes (and elements of prizes) must be taken as and when specified, or will be forfeited with no replacement. The prize values are correct as at the date of preparing these Terms and Conditions and include any applicable GST. The Promoter is not responsible for any change in prize value. You agree that if a prize (or element of a prize) is unavailable for any reason the Promoter may provide another item of equal or higher value.
17
By accepting or participating in any prize, your companion (or, if they are aged under 18 years of age, their parent or guardian) accepts these Terms and Conditions.
18
If this competition cannot run as planned for any reason beyond the Promoter's control, for example due to software, hardware or communications issues, unauthorised intervention, tampering, fraud or technical failure, the Promoter may end, change, suspend or cancel the competition or disqualify affected entries/entrants.
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The Promoter is not responsible for any tax implications arising from you winning a prize. You should seek independent financial advice. If for GST purposes this competition results in any supply being made for non-monetary consideration, you must follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
Liability 110
Nothing in these Terms and Conditions restricts, excludes or modifies any consumer rights under any statute including the Competition and Consumer Act 2010 (Cth).
111
Subject to the previous paragraph, the Promoter, its related entities and the agencies and companies associated with this competition are not liable (including in negligence) for any loss (including indirect, special or consequential loss or loss of profits), expense, damage, personal injury, illness or death suffered in connection with this competition or any prize, except for any liability which under statute cannot be excluded (in which case that liability is limited to the greatest extent allowed by law).
112
Without limiting the previous paragraph, the Promoter, its related entities and the agencies and companies associated with this competition are not liable for any loss of, damage to or delay in delivery of the prize. Prizes will only be delivered to addresses in Australia.
113
The Promoter may communicate or advertise this competition using Facebook or Instagram. However, the competition is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. You provide your information to the Promoter and not to Facebook or Instagram. You completely release Facebook and Instagram from any and all liability.
Collection and use of your personal information 114
The Promoter may collect your and your companion's personal information directly or through its agents or contractors. The Promoter will use your and your companion's personal information to conduct the competition. The Promoter may disclose your and your companion's personal information to its related companies, agents and contractors to assist in conducting this competition, communicating with you or your companion or storing data. This may include disclosures to organisations outside Australia including in the United States. The Promoter’s Privacy Policy (see http://www.nike.com/us/en_us/c/help/privacy-policy) includes information about: (i)
how to seek access to the personal information the Promoter holds about you and seek correction of the information; and
(ii)
how to complain about a privacy breach and how the Promoter will deal with such a complaint.
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