Terms & Conditions
Nike Melbourne Marathon Custom Finisher Dubraes ("Conditions of Entry")

Promotion:

Nike Melbourne Marathon Custom Finisher Dubraes

Promoter:

Nike Australia Pty. Ltd. ABN 99 055 141 743, Level 3, 161 Collins Street, Melbourne, VIC 3000, Australia. Ph: 1300 656 453

Promotional Period:

Start date: 11/12/21 at 09:00 am AEDT

End date: 14/01/22 at 09:00 pm AEDT or once all gifts available are exhausted

Eligible claimants:

Claims are open to all persons who have finished the 3km, 5km, 10km, Half or Full Marathon (a “Race”) in the Nike Melbourne Marathon Festival 2021; and is a Nike Run Club Member and has logged their Race on the Nike Run Club App and received the Digital NRC Achievement Badge post completion of Race. Claimants under the age of 18 must have parent or legal guardian approval to submit a claim in this Promotion.

How to Claim:

To claim a gift, the claimant must present their digital Nike Run Club achievement badge for their completed Race at the Nike By You Counter at Nike Melbourne Central Ground Floor during the Promotional Period, while gift stocks last. Nike By You Counter is only available during business hours at Nike Melbourne Central Store of Melbourne Central shopping centre.

Claims permitted:

Limit one (1) gift claim permitted per person.

Total Gift Pool:

AUD $45,000.00

Gift Details:

Further Conditions:

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. Retail stores are operated independently by Nike Retail Partners and subject to their standard terms and conditions, including in relation to returns and exchanges.
3. 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.
4. Valid and eligible claims will be accepted during the Promotional Period, while gift stocks last.
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. 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.
7. No part of a gift is exchangeable, refundable, redeemable for cash or any other gift or transferable, unless otherwise specified in writing by the Promoter.
8. 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.
9. Claimants' personal information will be collected by the Promoter. Personal information will be stored on the Promoter's database. The Promoter may use this information for future marketing purposes regarding its products, including contacting the claimant electronically. The Promoter is bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and its privacy policy which is located at https://agreementservice.svs.nike.com/au/en_gb/rest/agreement?agreementType=privacyPolicy&uxId=com.nike.unite&country=AU&language=en&requestType=redirect. The Promoter's privacy policy contains information about how the claimant may access, update and seek correction of the personal information the Promoter holds about them and how the claimant may complain about any potential breach by the Promoter of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with. The Promoter collects personal information about claimants to enable them to participate in this Promotion and may disclose the claimants' personal information to third parties including its contractors and agents, gift suppliers and service providers to assist in conducting this Promotion. If the claimant does not provide their personal information as requested, they may be ineligible to enter or claim a gift in the Promotion. The Promoter may transfer claimants' personal information to Nike Headquarters in Portland Oregon.
10. 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.
11. 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).
12. 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.
13. 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.
14. 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 or claiming a gift, the Promoter will resolve the dispute in direct consultation with the claimant. If the dispute cannot be resolved the Promoter’s decision will be final.
15. 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).
16. 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.
17. 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.
18. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.