GENERAL
Information on how to enter and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
To the extent of any inconsistency between these Terms and Conditions and any other reference to this competition, these Terms and Conditions prevail.
The promoter is ASICS Oceania Pty Ltd ABN 59 003 091 389 of 6 Darling Street, Marsden Park NSW 2765.
WHO CAN ENTER:
Entry is only open to Australian residents over 18 years of age who are OneASICS members. Employees (and their immediate families) of the Promoter and its related bodies corporate, participating retailers and agencies associated with this promotion are ineligible to enter. “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 1st cousin.
HOW TO ENTER:
To enter, individuals must accurately fill in all the requested details at https://asics.jebbit.com/fkypbici?L=Full+Page&JC=Ecomm be a OneASICS member and opt-in to marketing emails.
WHEN TO ENTER:
The promotion commences on 14/8/2023 at 12:01am and final entries close on 3/9/2023 at 11:59pm AEST (“Promotional Period”).
PRIZE ON OFFER:
A total of 3 prizes are available.
Each prize is 2 x pair of ASICS shoes (up to a maximum value of RRP A$300 for each pair) of the winner’s choice out of a selection of shoes offered by the Promoter in its absolute discretion.
The total maximum individual prize value is RRP A$600 (including GST) per 2 x pair of ASICS shoes. The total maximum prize pool value is RRP A$1,800 (including GST). The prize value is correct at the date of printing or uploading. The Promoter accepts no responsibility for changes in prize value between now and the ultimate date on which the prize is taken.
HOW THE PRIZES WILL BE AWARDED:
There will be 3 winners determined in respect of this competition.
Draws will be held at 10:00am AEST the following business day after the Promotional Period on the 5th September 2023. The draw will be held at the Promoter’s advertising agency's office – BRMM, Level 1, 186-188 Willoughby Rd, Naremburn, NSW.
The first valid entry drawn randomly in each draw will win a prize.
The Promoter may draw additional reserve entries and record them in order, in case a winning entry or entrant is deemed invalid, cannot satisfy these Terms and Conditions, or a prize is unclaimed.
The prize winner will be advised by email and/or phone within 48 hours of the draw following the Promotional Period.
The prize winners will be published on the ASICS website within 48 hours of the draw.
Prizes will be delivered to the winners by 1st October 2023.
If a prize winner does not claim fulfilment of the promotional prize by 7th November 2023, that winner will forfeit the prize in its entirety.
The Promoter will not be liable for a prize winner who cannot be contacted and therefore forfeits their prize and no correspondence will be entered into.
There will be a redraw for any unclaimed prizes. The redraw will take place on 10th November 2023 at 10:01am AEST at the Promoter’s advertising agency's office – BRMM, Level 1, 186-188 Willoughby Rd, Naremburn, NSW.
FURTHER TERMS AND CONDITIONS:
The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence). If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
The Promoter reserves the right, in its sole discretion, to disqualify any entrant who the Promoter has reason to believe has breached any of these Terms and Conditions, provided false information, tampered with the entry process, or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. The Promoter may in its absolute discretion deem entries invalid subsequently to a winner being notified or a winner’s name being announced if it is discovered that the winner did not enter the promotion in accordance with these Terms and Conditions. Errors and omissions may 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. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
Incomplete or indecipherable entries will be deemed invalid at the Promoter’s discretion.
This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram or Facebook. It is a condition of participating that each entrant grants a complete release to Instagram and Facebook from any claims that they now have or may have in the future that relate to or are incidental to this promotion. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Instagram.
Any cost associated with entering the promotion, or accessing Instagram, Facebook or any promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
In the case of the intervention of any outside act, agent or event that prevents or significantly hinders the Promoter’s ability to proceed with the promotion on the dates or in the manner described in these Terms and Conditions including, but not limited to, technical or telecommunications problems (including security or data breaches), fraud, vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion modify, cancel, terminate or suspend the promotion, and/or recommence it from the start on the same or modified Terms and Conditions.
The Promoter reserves the right to amend these Terms and Conditions if this competition cannot be run as originally planned. The Promoter may also, in its sole discretion, modify, cancel or suspend this competition if an event beyond the reasonable control of the Promoter corrupts or affects the administration, security, fairness, integrity or proper conduct of this competition; or if the promotion is not capable of being conducted as reasonably anticipated.
To the extent permitted by law, the Promoter, its affiliates or related bodies corporate, and/or its associated agencies and companies, will not be liable for any damages, misadventure, accident, injury, loss (including but not limited to indirect and consequential loss) or claim that may occur:
during the entry process or winner determination process;
in the acceptance, participation or use of any element(s) of the prize;
as a consequence of late, lost, failed, delayed, inaccurate, incomplete or misdirected entries or other communications;
due to the broadcast of any program relating to the promotion, or the publication of any material, including any statements made by any compere, staff member, journalist, other entrants or any other person; and/or
arising from, related to, or in connection with any problem or technical malfunction (including security or data breaches) of any Internet, software or telecommunications arising from, related to, or in connection with this promotion.
The Promoter, its affiliates and related bodies corporate, and its associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, internet failure, theft or destruction or unauthorized access to or alteration of entries, and reserves the right to take any action that may be available.
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, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and 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 in any way out of the promotion including, but not limited to:
any technical difficulties or equipment malfunction, whether or not under the Promoter’s control;
any theft, unauthorized access or third party interference;
any entry or prize claim that is late, lost, altered, incomplete, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the Promoter’s reasonable control;
any variation in prize value to that stated in these Terms and Conditions;
any tax liability incurred by a winner or entrant; and/or
use of the prize.
Any term of these Terms and Conditions that is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of these Terms and Conditions is not affected.
If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification.
The prize is not redeemable for cash. The prize is not transferable
If the ASICS shoes do not fit the winner, the winner must return the prize unworn, in original packaging with tags on for the product to be exchanged with a more appropriate size.
Entrants consent to the Promoter using the entrant's name, likeness, social media handle, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration, royalty or compensation for the purpose of promoting this competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
Entry details are collected by and remain the property of the Promoter and its related entities for the purpose of conducting and promoting this promotion, including for the purpose of identifying and notifying winner(s) and understanding our audiences.
The Promoter collects your personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this information.
The Promoter will handle your personal information in accordance with its Privacy Policy which is available at https://www.asics.com/us/en-us/privacy-policy.html (and which contains information regarding how you can access your personal information, correct it and/or make a complaint about our handling of your personal information). By providing your personal information and entering this promotion, you agree to the terms of our Privacy Policy.
Without limiting the foregoing, the Promoter may disclose the entrant’s personal information to its related entities, affiliates, business partners and external service providers for the purpose of processing and conducting the promotion, for promotional purposes surrounding the promotion, for research and profiling purposes, and for other purposes reasonably related to the entrant’s relationship with the Promoter. In addition, by entering this promotion, you consent to the Promoter using your personal information for the purpose of the Promoter, its affiliates and its related entities contacting you or sending you information regarding programs, research, promotions, products and services available through them and/or through their business partners, and to the Promoter sharing your personal information with its affiliates and related entities for the purpose of those entities sending you such information directly. Those entities will handle your personal information in accordance with the Privacy Policy at https://www.asics.com/us/en-us/privacy-policy.html. We will always provide you with the ability to opt out of those communications.