Terms & Conditions
NMMF Win a 1.1 Training Session ("Conditions of Entry")

Promotion:

NMMF Win a 1.1 Training Session

Promoter:

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

For any inquiries regarding this Promotion, please contact the Promoter at [email protected] or on 1300 656 453.

Promotional Period:

Start date: 12/10/23 at 09:00 am AEDT

End date: 15/10/23 at 02:00 pm AEDT

Eligible entrants:

Entry is only open to VIC residents who are 18 years and over who are Nike members.

How to Enter:

To enter the Promotion, the entrant must complete the following steps during the Promotional Period:

• spend at least $20 in one (1) transaction on any goods or services from the Nike Melbourne Marathon Festival retail outlet (located at Opposite Gate 2 MCG Brunton Ave, Melbourne, 3002); and
• provide their full name, phone number and email address to the Nike store staff member at the point of purchase.

Entries permitted:

Entrants may enter multiple times provided each entry is submitted separately in accordance with the entry instructions above. Maximum of one (1) entry permitted per qualifying transaction. The entrant is eligible to win a maximum of one (1) prize.

Total Prize Pool:

AUD $1,000.00

Prize Details:

Prize Conditions:

• The ‘1.1 bespoke training session’ will be hosted by a Nike trainer (either Megan ‘Megzy’ Waters or Zoe Klein, subject to their availability) within Melbourne. The exact date and location of the training session will be determined by the Promoter and will be communicated to the winner. It will be the responsibility of the winner (and their guest) to make their own way to the training session location (at their own cost).
• The winner and their guest must both be 18 years or over and consent to a Nike experience waiver. The training session will be designed in accordance with each individual’s physical experience levels and their training goals.
• The winner and their guest must possess the appropriate levels of fitness, health, skill, balance, dexterity and other personal characteristics so as to be able to safely undertake the training session. The winner and their guest must carefully assess the levels of fitness, health, skill, balance, dexterity and other personal characteristics required of them when the training session is disclosed to them.
• The winner and their guest must immediately withdraw from the training session if they may not satisfy any of the required levels of fitness, health, skill, balance, dexterity or other personal characteristics. The Promoter may require entrants to submit information relating to their fitness, health, skill, balance, dexterity or other personal characteristics in order to participate. Acceptance of an entrant following receipt of this information in no way: (a) constitutes a representation or assurance that the entrant is suited to undertake the training session; or (b) relieves the winner and their guest of the obligation to assess the requirements of the training session and to withdraw if there is any doubt regarding their suitability to take part.

Winner notification:

The winners will be contacted by using the contact details on file with the Promoter, includes in writing, within seven (7) days of the draw.

Unclaimed Prizes:

Prizes must be claimed by 24/11/23 at 12:00 pm AEDT. In the event of an unclaimed prize, the prize will be redrawn on 27/11/23 at 12:00 pm AEDT at Retail Prodigy Group, 20 Spink Street, Brighton VIC 3186, Australia. The winners of the redraw will be notified by using the contact details on file with the Promoter, includes in writing, within seven (7) days of the redraw.

Further Terms:

1. The entrant agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry 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"). Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
3. Valid and eligible entries will be accepted during the Promotional Period.
4. Employees (and their immediate family members) of the participating venue, agencies/companies directly associated with the conduct of this Promotion, the Promoter, businesses involved in determination of winner/s for the Promotion, businesses involved in the management of the Promotion, any organisation benefiting from the Promotion, the Promoter’s distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. "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. Draw:
   1. The draw will take place at Retail Prodigy Group, 20 Spink Street, Brighton VIC 3186, Australia at 12:00 pm AEDT on 23/10/23 using computerised random selection.
   2. The first two (2) valid entries drawn will be the winners of the prizes specified in the Schedule above.
   3. The draw conductor may draw additional reserve entries in case an invalid entry or entrant is drawn.
   4. If a draw is scheduled on the weekend or a public holiday, the draw will be conducted at the same time and location on the following business day. The Promoter will ensure each draw is open for public scrutiny and anyone may witness the draw on request. The winner of a drawn prize is determined by chance.
6. All reasonable attempts will be made to contact each winner.
7. If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize within a reasonable time, as specified by the Promoter, or is unavailable, they forfeit the prize and the Promoter is not obliged to substitute the prize.
8. Where entry is allowed by purchase or subscription, the cost of the product or service is no greater than the cost would be without the opportunity to participate in the Promotion.
9. The value of the prizes is accurate and based upon the recommended retail value of the prizes (inclusive of GST) at the date of printing. The Promoter accepts no responsibility for any variation in the value of the prizes after that date.
10. No part of a prize is exchangeable, redeemable for cash or any other prize or transferable, unless otherwise specified in writing by the Promoter.
11. If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or that portion of the prize) to a prize of equal or greater value and specification.
12. No entry fee is charged by the Promoter to enter the Promotion.
13. Each prize will be awarded to the person named in the entry and any entry that is made on behalf of an entrant or by a third party will be invalid. If there is a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or winner.
14. Entrants’ 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 entrant electronically. The Promoter is bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and by taking part in this Promotion, entrants 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 entrant may access, update and seek correction of the personal information the Promoter holds about them and how the entrant 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 entrants to enable them to participate in this Promotion and may disclose the entrant’s personal information to third parties including its contractors and agents, prize 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 entrant’s personal information for the purposes of communicating with the entrant or storing data. 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 may be disclosed to entities located outside of Australia, including in the United States.
15. The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of a prize, if the Promoter determines in their absolute discretion, that a winner is not in the physical or mental condition necessary to be able to safely participate in or accept the prize. It is a condition of accepting the prize that a winner may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving a prize.
16. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry in the event of any inconsistency. To the extent permitted by law the Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.
17. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry 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).
18. 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 prize, subject to State or Territory regulation.
19. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant's details (including an entrant'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 entry, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to win. Entries 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 entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.
20. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion or claiming a prize, the Promoter will resolve the dispute in direct consultation with the entrant. If the dispute cannot be resolved the Promoter’s decision will be final.
21. 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 prize (or recommendation). For the sake of clarity, this clause shall not apply where the Promoter has contributed to or caused such loss, expense, damage, personal injury or death and shall not apply to any liability which cannot be excluded by law (in each case the Promoter’s liability is limited to the minimum allowable by law).
22. The winners 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.
23. Unless otherwise specified, a prize is a single event for the winner (and where relevant their guests) and cannot be separated into separate events or components.
24. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.
25. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.