Australia and New Zealand 12 Week Curvette Body Challenge

TERMS AND CONDITIONS

  1. The Promoter is CJC Operations Australia Pty Ltd (ABN 92 603 179 255) trading as “Curves” of Level 6, 464 St Kilda Road, Melbourne, Victoria, 3004 Australia.

  2. Information about how to enter and the prizes form part of these Terms and Conditions (which are also located in Club and www.curves.com.au/12wkcomp (AU) and www.curves.co.nz/12wkcomp (NZ).Participation Promotion in the Promotion is deemed acceptance of these Terms and Conditions.

  3. This Promotion commences at 12.00AM AEST on 01/06/2015 (‘Commencement Date’) and entries close at

    11.59 PM AEST on 31/08/2015 (‘Close Date’).

  4. Entry is only open to fully paid, participating members of Curves who have purchased a 12 Week Challenge package (subject to the conditions, available at curves.com.au/12-week-challenge (AU) / curves.co.nz/12- week-challenge (NZ)) from a Curves club operating in Australia or New Zealand and must be a resident of either Australia or New Zealand aged 18 years or over.

  5. To participate in the challenge, an eligible entrant must pick up an entry form from their participating Curves club. The entry form will be available for collection two days prior to the Commencement Date at the earliest.

  6. The challenge is a points-based game of skill. There are five challenge categories in which an eligible entrant can earn points as set out in the table below. The entrant must complete as many challenges as possible to earn points between the Commencement Date and Close Date.

    Challenge:

    Descriptions

    Points available

    Workout Challenge

    Complete up to 48 workouts in 12 weeks

    48 points

    Weigh and Measure

    Weigh and Measure with the Curves Coach 3 times

    3 points

    Weekly Coaching

    Attend the weekly coaching sessions (1 per week, 12 in total).

    12 points

    Refer a Friend

    Earn 1 point per friend who joins Curves during the challenge as a result of your recommendation, up to a maximum of 4 friends. Friend must be new to Curves and sign up to a 12 month Curves Fitness Membership. 

    4 points

    Club Challenge

    Earn a point for each Club Challenge (1 per week, 12 in total)

    12 points

    Tie Break

    Complete the Tie Break Question

    1 point

    Total Available Points

    80


    Club Challenges include:

    Week

    Challenge (1 point each)

    1

    Take a “before” photo (suggest in front of a door / within the frame) and share with your Curves Coach via email

    2

    Take a photo of a Curves Complete meal you have prepared this week and share with other Club members participating in the Challenge and / or the Curves Coach (via email) before Week 3.  

    3

    Declare your 12 week challenge pledge by completing the pledge slip given to you by the Curves Coach during this week’s session.  

    4

    Achieve Target Heart rate at the end of one circuit – Club Coach to verify

    5

    Take a photo of yourself in a Curves T- shirt and post on your Club’s Facebook page (participation in a group shot organised by the Curves Coach consisting of all 12 Week Challenge members is also permitted for a point. Only one point may be awarded per member)

    6

    Bring a friend in to try the circuit

    7

    Try the new Body Basics circuit

    8

    Achieve Target Heart rate at the end of one circuit – Club Coach to verify

    9

    Walk 10,000 steps, take a photo of your pedometer / tracking device to prove it and show it to your Curves Coach.

    10

    Bring a copy of your own Curves Complete friendly recipe to this week’s session and share with other members participating in the challenge and / or the Curves Coach.

    11

    Achieve Target Heart rate at the end of one circuit – Club Coach to verify

    12

    Take an “After” photo in same location as your before picture and email to your Curves Coach.

     

  7. Each time an entrant completes a challenge category they must have the challenge marked off on their entry form by a member of staff at their Curves Club. The entrant must then deliver the completed entry form (including Tie Break Question) to the participating Curves club from which the entry form was collected by no later than the Close Date.

  8. The entrant(s) who earn the highest number of points will be considered as the Club Finalist(s). Clubs are responsible for submitting the entry form from the Club Finalist(s) to Curves Head Office either via email to aamarketing@curves.com or via post to Level 6, 464 St Kilda Road, Melbourne, 3004, Australia. For the avoidance of doubt, in the event of a tie between two or more entrants at a particular Club, all tied entrants will be considered Club Finalists and will be submitted to Curves Head Office.

  9. The following individuals are ineligible to enter: Employees (and their immediate families) of the Promoter, its franchisees or agencies associated with this promotion. Immediate family 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 first cousin.

  10. The Promoter reserves the right, at any time, to verify the validity of entries, (including their identity, age and weight) and to disqualify any entrants whose entry is not submitted in accordance with these Terms and Conditions or who tamper with the entry process. Errors and omissions will be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

  11. Incomplete or indecipherable entries will be deemed invalid.

  12. Only one entry form is permitted to be completed per eligible Curves club member during the Promotion.

  13. Curves entrants must weigh In and weigh Out at the same Curves Club to earn points in the Weigh & Measure category.

  14. This is a game of skill and chance plays no part in determining the winners. At the conclusion of the promotion, a panel of judges will individually judge each entry submitted by the participating Curves clubs in Australia and New Zealand, based on the total points score. In the event of a tie between two or more entrants, the judges will judge the answers to the tie breaker question. The entrant with the most creative and genuine answer will be selected as the winner of the Promotion.

  15. The eligible entrant who is judged as the winner of the Promotion will receive a return trip for two people to Thailand valued at up to $5000 depending on date and point of departure. Prize includes: 2 x return economy airfares including airport tax departing from Melbourne, Sydney, Brisbane or Perth, economy flights from any alternative capital city in AU / NZ to Melbourne, Sydney, Brisbane or Perth (if required), 7 nights twin share accommodation with breakfast in a Superior Bungalow at the 5* AAVA resort, free airport transfers from/to SuratThani Airport in Thailand, free access to all AAVA Wellness Classes (6 days per week) including Vinyasa Yoga, Flow Yoga, Pilates, Tai Chi, Meditation, Thai Boxing, Stretching per person and a “Secret of Aava” Spa Treatment per person. Spending money, meals (excluding breakfast), taxes (other than airline and airport taxes), insurance, passports, visas, vaccinations, transport to and from departure point, additional transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. Prize must be taken by 31.10.16 and is subject to booking and flight availability. Prize cannot be taken during Black Out Periods as determined by the third party airline and hotel in their absolute discretion including Australian or New Zealand school holidays, public holidays or other peak periods.

  16. The winner and their companion/s are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation. The winner (and their companion) must depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. The winner may be required to present their credit card at time of accommodation check in.

  17. The Curves Club from which the winning entry originated will be informed by 5 pm AEST 30/09/2015. The Curves club will contact the winner directly to confirm their prize.

  18. If the winner cannot be contacted by 10/10/2015, the eligible entrant with the second highest score will be deemed the winner. Where a tie break exists, the merit of the answers provided to the tie breaker question will be judged by a panel of judges. The entrant with the most creative and genuine answer will be selected as the winner of the promotion.

  19. The Promoter's decision is final in all aspects of this promotion and no correspondence will be entered into.

  20. As a condition of entry, the entrant agrees that:

    1. With regard to any materials submitted via the promotion including answers to promotional questions, comments, recordings and images ("Content"), unless the Promoter advises otherwise, the entrant grants the Promoter, its related entities, affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. The entrant agrees not to assert any moral rights in relation to such use. The entrant warrants that she has the full authority to grant these rights.

    2. The entrant is fully responsible for the Content that she submits. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove any Content without notice for any reason whatsoever. The entrant warrants and agrees that: (i) the Content submitted is the original work of the entrant that does not infringe the rights including intellectual rights of any third party; (ii) she will not submit any Content that is unlawful or fraudulent, or that the Promoter, or any advisor of the Promoter, may deem to be or that could be in breach of any intellectual property, privacy, publicity or other rights, or be defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication; (iii) she will obtain prior consent from any person or company that appears in any submitted Content; (iv) she will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein; (v) Content shall not contain viruses, Trojan horses or anything similar, or, cause injury or harm to any person or company; and (vi) the entrant will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of any other persons' computer, technology or communication systems.

    3. Without limiting any other terms herein, the entrant will indemnify the Promoter for any breach of these Terms and Conditions.

  21. The entrant consents to the Promoter using their name, likeness, image and/or voice in the event they submit a winning entry (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of publicising the Promotion (including any outcome), and marketing or publicising any products manufactured, distributed and/or supplied by the Promoter.

  22. If the Promotion is interfered with or frustrated in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify the entrant; and/or (b) to modify, suspend, terminate or cancel the Promotion.

  23. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act in Australia and the Consumer Guarantees Act in New Zealand ("Non-Excludable Guarantees"). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter, their related entities, associates, affiliates and each’s respective officers, employees and agents (each a ‘Relevant Person) excludes (and exclude) all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising out of or in connection with, the Promotion or these Terms and Conditions.

  24. Except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees, no Relevant Person is responsible for, and each Relevant Persons excludes all liability (including negligence), for, any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising out of, or in connection with, any of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter's control); and/or (b) any theft, unauthorised access or third party interference, whether with an entrant’s or Club Finalist’s entry form or otherwise; and/or (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; and/or (d) any variation in the prize value to that stated in these Terms and Conditions (if applicable); and/or (e) any tax liability incurred by a winner or eligible Curves Club; and/or (f) taking of or use of any prize by the winning entrant (and the winning entrant’s companion).

  25.  The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such personal information to third parties, including but not limited to agents, contractors and service providers and use the personal information for the purposes described in these Terms and Conditions and the Promoter’s Privacy Policy. Entry by a eligible Curves member is conditional on the eligible Curves member and/or their Curves Club (as applicable) providing this information to the Promoter. The Promoter’s Privacy Policy is available at http://www.curves.com.au/privacy-policy/ (in the case of entrants located in Australia and Curves Clubs located in Australia) and http://www.curves.co.nz/privacy-policy/ (in the case of entrants located in New Zealand and Curves Clubs located in New Zealand) . In addition to the purposes stated in the Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the personal information for promotional, marketing, publicity, research and profiling purposes, subject to applicable privacy law and regulation. All entries become the property of the Promoter. 

  26. The laws of the State of Victoria, Australia (in the case of entrants located in Australia and Curves Clubs located in Australia) and New Zealand (in the case of entrants located in New Zealand and Curves Clubs located in New Zealand) apply to the Promotion and these Terms and Conditions to the exclusion of any other law. Eligible entrants submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia or New Zealand, as applicable.