Terms & Conditions
NMMF We Run Together X FEMMI Experience ("Conditions of Entry")

Promotion:

NMMF We Run Together X FEMMI Experience

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: 12/09/22 at 08:00 am AEST

End date: 14/09/22 at 11:59 pm AEST

Eligible claimants:

Claims are only open to VIC residents who are: (a) female; (b) aged 18 years and over; and (c) Nike Run Club Members on the Nike Melbourne Marathon Festival Training Journeys.

How to Claim:

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

• unlock the invite communication received via their app inbox (sent on 12/09/22);
• follow the link to the online registration form and provide their answer to the following question: What is your bra or top size?; and
• register for the NMMF “We Run Together” X FEMMI Collection (while spots last – places are strictly limited to the first 15 valid claims).

Successful claimants will receive a reminder via email and their Nike Run Club inbox on 15/09/22.

Claims permitted:

Only one (1) eligible claim per person will be accepted.

Total Gift Pool:

AUD $7,125.00

Gift Details:

Gift Conditions:

If a claimant is unwilling or unable to attend at the panel discussion and guided run at the stipulated date and time, they will forfeit the gift (including the $75 Women’s Swoosh Bra and $400 Digital Subscription to the FEMMI Theory) and the Promoter is not obliged to offer a substitute.

All costs associated with taking part in the panel discussion and guided run experience (including but not limited to travel to and from Melbourne Central) will be the responsibility of the claimant.

Participants will be required to sign a release and indemnity form on the day of the event in order to participate in the guided run and accept the gift.

General Terms:

1. The claimant agrees and acknowledges that they have read these Conditions of Claim (and Schedule) and that claim into 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.
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.
4. Claimants must possess appropriate levels of fitness, health, skill, balance, dexterity and other personal characteristics so as to be able to safely undertake the Challenge and take part in the guided run. Claimants must carefully assess the levels of fitness, health, skill, balance, dexterity and other personal characteristics required of them to complete the Challenge/the guided run. Claimants must immediately withdraw from the Challenge/the guided run if they may not satisfy any of the required levels of fitness, health, skill, balance, dexterity or other personal characteristics. The Promoter may require claimants to submit information relating to their fitness, health, skill, balance, dexterity or other personal characteristics. Acceptance of a claimant following receipt of this information in no way: (a) constitutes a representation or assurance that the claimant is suited to undertake the Challenge/the guided run; or (b) relieves the claimant of the obligation to assess the requirements of the Challenge/the guided run and to withdraw if there is any doubt regarding their suitability.
5. 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.
6. No part of a gift is exchangeable, redeemable for cash or any other gift or transferable, unless otherwise specified in writing by the Promoter.
7. Each gift will be awarded to the person named in the claim and any claim that is made on behalf of an claimant or by a third party will be invalid. If there is a dispute as to the identity of an claimant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the claimant or winner.
8. Claimants' personal information will be collected by the Promoter or through its agents or contractors (where applicable). 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 by registering to take part in this promotional activity, claimants grant the Promoter the right to use their information in accordance with the Promoter’s Terms of Use which are located at https://agreementservice.svs.nike.com/au/en_gb/rest/agreement?agreementType=termsOfUse&uxId=com.nike.unite&country=AU&language=en&requestType=redirect and the Promoter’s 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 claimant’s personal information to third parties including its contractors and agents, gift suppliers and service providers to assist in conducting this Promotion and to the State and Territory lottery departments as required under the relevant lottery legislation. The Promoter may also use the claimant’s personal information for the purposes of communicating with the claimant or storing data. If the claimant does not provide their personal information as requested, they may be ineligible to participate or claim a gift in the Promotion. Personal information collected from claimants may be disclosed to entities located outside of Australia, including in the United States.
9. 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 winner 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.
10. 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).
11. 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 claims, or suspend or modify a gift, subject to State or Territory regulation.
12. The Promoter reserves the right, at any time, to validate and check the authenticity of claims and claimant’s details (including an claimant’s identity, age and place of residence). In the event that a winner cannot provide suitable proof as required by the Promoter to validate their claim, the winner 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 win. 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 win. The use of any automated claim 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.
13. 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.
14. 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).
15. 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.
16. 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.
17. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.