Terms & Conditions
L'Oreal Australia Pty Ltd Sprint Into Spring Challenge - La Roche-Posay ("Conditions of Entry")

Promoter:

L'Oreal Australia Pty Ltd ABN 40 004 191 673, 564 St Kilda Road, Melbourne, VIC 3004, Australia. Ph: 03 8680 0000

Promotional Period:

Start date: 22/08/20 at 12:01 am AEST

End date: 31/08/20 at 11:59 pm AEST or once all gifts available are exhausted

Eligible claimants:

Entry is only open to Australian residents who are 13 years and over and are a member of The Upbeat Studio Bondi. Claimants under the age of 18 must have parent or legal guardian approval to enter.

How to Claim:

To claim a gift, the claimant must complete the following steps during the Promotional Period:

• The participant must complete 10 workouts at The Upbeat Studio Bondi within the following 10 day period: August 22 2020 - August 31 2020. This includes On Demand and in Studio Workouts; and
• If an On Demand workout is completed as part of the 10 workouts above, either:
  • post an Instagram Story of themselves completing each On Demand workout and tag @theupbeatbondi and @larocheposayaunz; OR
• send @theupbeatbondi Instagram account the evidence of the completed On Demand workouts in an Instagram direct message (evidence is as determined by the Promoter).

Entrants who enter via Instagram must ensure their Instagram account privacy setting is set to public (i.e. not 'private') to be eligible for this Promotion.

Only the first 100 valid claims received will be awarded the gift below.

Claims permitted:

Only one (1) eligible claim per person will be accepted. The claimant is eligible to claim a gift a maximum of one (1) gift (excludes SA residents).

Total Gift Pool:

AUD $2,995.00

Gift Description:

Winner notification:

1. The claimant agrees and acknowledges that they have read these Conditions of Claim (and Schedule) and that claiming a gift in the Promotion is deemed to be acceptance of these Conditions of Claim (and Schedule). Any capitalised terms used in these Conditions of Claim have the meaning given in the Schedule, unless stated otherwise. Offer not valid in conjunction with any other offer.
2. The Promotion commences on the Start Date and ends on the End Date ("Promotional Period"). Claims are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the claimant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
3. Valid and eligible claims will be accepted during the Promotional Period, while Gift stocks last.
4. Employees (and the immediate family members) of agencies/companies directly associated with the conduct of this Promotion, the Promoter, its distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to claim. "Immediate family member" 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. If a gift is claimed by a person under the age of 18, the gift may be awarded to the claimant's parent or guardian and where applicable to the gift a nominated parent/guardian must accompany any person under 18 years of age.
6. Claim and continued participation in the Promotion is dependent on the claimant following and acting in accordance with the Instagram Terms of Use, (http://instagram.com/legal/terms/). This Promotion adheres to the terms and conditions set out in the Instagram promotion guidelines which can be found at: http://help.instagram.com/179379842258600. Any questions or comments regarding the Promotion must be directed to the Promoter, not to Instagram. The entrant releases Instagram and its associated companies from all liabilities arising in respect of the Promotion. Entrants acknowledge that the Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram.
7. The value of the gifts is accurate and based upon the recommended retail value of the gifts (inclusive of GST) at the date of printing. The Promoter accepts no responsibility for any variation in the value of the gifts after that date.
8. No part of a prize is exchangeable, redeemable for cash or any other prize or transferable, unless otherwise specified in writing by the Promoter.
9. If there is a dispute as to the identity of a claimant, the Promoter reserves the right, in its sole discretion, to determine the identity of the claimant.
10. The information claimants provide will be used by the Promoter for the purpose of conducting this competition. The Promoter may collect claimants' personal information (including through its contractors or agents) or disclose claimants' personal information to its contractors and agents to assist in conducting this offer or communicating with, or developing its relationship with, claimants including to overseas locations such as New Zealand, the USA, Canada, Singapore and other countries in Asia and the EU. By participating in this offer, claimants consent to the storage of their personal information on the Promoter's database and the Promoter may use this information for future competition and marketing purposes regarding its products, including contacting the claimant via electronic messaging. By participating in this offer, claimants consent to receiving SMS or email messages from the Promoter. The Promoter is bound by the Privacy Principles in the Privacy Act 1988. Claimants can request access to the personal information the Promoter holds about them by contacting the Promoter at the address stated in the Promoter section of these conditions. The Promoter's Privacy Policy, located at www.loreal.com.au/miscellaneous/loreal-australia-and-new-zealand-privacy-policies.htm, contains information about: (a) how claimants can seek access to the personal information the Promoter holds about them and seek the correction of such information; and (b) how claimants can complain about a privacy breach and how the Promoter will deal with such a complaint.
11. Entrants' personal information will be collected by The Upbeat. Personal information will be stored on The Upbeat’s database. The Upbeat may use this information for future marketing purposes regarding its products, including contacting the entrant electronically. The Upbeat is bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and its privacy policy which is located at https://www.theupbeat.fit/privacy. The Upbeat’s privacy policy contains information about how the entrant may access, update and seek correction of the personal information The Upbeat holds about them and how the entrant may complain about any potential breach by The Upbeat of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with. The Upbeat collects personal information about entrants to enable them to participate in this Promotion and may disclose the entrants' personal information to third parties including its contractors and agents, prize suppliers and service providers to assist in conducting this Promotion. If the entrant does not provide their personal information as requested, they may be ineligible to enter or claim a prize in the Promotion. Personal information collected from entrants will not be disclosed to any entity located outside of Australia.
12. If a gift is provided to the Promoter by a third party, the gift is subject to the terms and conditions of the third party gift supplier and the provision of the gift is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the gift at the time it is issued to the claimant will prevail over these Conditions of Claim, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the gift, any delay or failure relating to the gift itself or failure by the third party to meet any of its obligations in these Conditions of Claim or otherwise.
13. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Claim restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
14. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a gift, subject to State or Territory regulation.
15. The Promoter reserves the right, at any time, to validate and check the authenticity of claims and claimant's details (including a claimant's identity, age and place of residence). In the event that a claimant cannot provide suitable proof as required by the Promoter to validate their entry, the claimant will forfeit the gift in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible claims, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to claim a gift. Claims containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to claim a gift. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically claim repeatedly is prohibited and may render all claims submitted by that individual invalid.
16. All material submitted on claim (e.g. photo(s), image(s), drawing(s), comment(s), sound/video recording(s) and answer(s) to a promotional question) must NOT: (a) be in breach of any laws, regulations and rights, e.g. any laws regarding intellectual property (copyright, trademarks, etc), defamation and privacy; (b) be defamatory, obscene, derogatory, pornographic, sexually inappropriate, contain nudity, aggressive, violent, abusive, harassing, threatening, objectionable or discriminate/vilify any section of the community with respect to race, ethnicity, nationality, religion, origin, sexual preference, mental illness, disability or gender or unsuitable for publication; or (c) contain viruses. Claimants warrant that they own or have the right to license the copyright in any entry submitted by them into this Promotion, for the purposes of this Promotion, that no rights have been granted to any third party in respect of any such claim which would prevent the claim being used as contemplated by this Promotion, and that the use by the Promoter of any such claim will not breach any laws or infringe the rights of any person (including without limitation with respect to privacy, intellectual property and defamation). Claimants must obtain prior consent from any person or from the owner(s) of any property that appears in their claim. By claiming, all claimants license and grant the Promoter, its affiliates and sub-licensees an exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (including any portion of their entry) 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. Claimants further agree, upon request by the Promoter, to assign all of their rights, title and interest (including copyright) in and to their claim to the Promoter and to sign any legal documentation to confirm such assignment. Claimants agree that their entry is their original work and does not infringe the rights of third parties, or that they have obtained full prior consent from any person who has jointly created or has any rights in the aforementioned material. Claimants consent to any use of their claim that may otherwise infringe their moral rights. Claimants are responsible for all claims they submit on claim. The Promoter will not be liable for any claims, to the extent permitted by law. The Promoter reserves the right to remove, request removal or decline to publish any entry or portion of an claim for any reason whatsoever, including if in breach of these Terms and Conditions. The Promoter will have no liability to entrants if it exercises this right and entrants must comply with any request made by the Promoter pursuant to this paragraph.The entrant warrants and represents that any material sent or provided by the claimant to the Promoter will not infringe any copyright, trademarks or other intellectual property rights of any third party (including moral rights) and that the claimant has all rights to use the materials and has obtained all necessary consents to comply with any relevant privacy and/or confidentiality requirements. Claimants agree to indemnify the Promoter for any breach of the Terms and Conditions including this clause.
17. The Promoter reserves the right to disqualify claims in the event of non-compliance with these Conditions of Claim. In the event that there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and binding on each claimant and no correspondence will be entered into.
18. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence or wilful misconduct) in connection with this Promotion or accepting or using any gift (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
19. The claimant will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.
20. The Promoter accepts no responsibility for any tax implications and the claimant must seek their own independent financial advice in regards to the tax implications relating to the gift or acceptance of the gift.
21. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.