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PRIZE DRAWS

WHOOSH TECHNOLOGIES PTY LTD ABN 32 615 376 808

TERMS AND CONDITIONS – NUTRIBULLET GIVEAWAY

1. The Promoter is Whoosh Technologies Pty Ltd (ABN 32 615 376 808).
2. Entry is only open to Australian residents aged 18 years or over.
3. Employees (and their immediate families) of the Promoter or the agencies associated with this promotion are ineligible to enter.
4. Entries into the promotion open on 13/05/2019 and close at 11:59pm AEST on 31/07/2019 (“Promotional Period”).
5. To enter, individuals must download the Whoosh App from the Apple App Store on a compatible iOS device and follow the prompts to complete a valid registration during the Promotional Period. No purchase is required. This is a Game of Chance with the winner(s) selected at random.
6. Only one (1) entry is valid per person during the Promotional Period.
7. 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) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. 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.
8. Incomplete or indecipherable entries will be deemed invalid.
9. 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.
10. There will be three (3) draws conducted for this promotion (each a “Monthly Draw”). Entries close for each Monthly Draw at 11:59pm on the dates specified in the table below. All draws will take place at the registered business address of the Promoter on the dates specified in the table below. The Promoter may draw additional reserve entries in each Monthly Draw and record them in order in case an invalid entry or ineligible entrant is drawn. Un-drawn entries in each Monthly Draw will be entered into any subsequent Monthly Draw(s). Winners will be notified by email within two (2) business days of the relevant draw their names will be published on the newsfeed of the official Whoosh Fitness Facebook page on the dates specified in the table below.

11. The Promoter’s decision is final and no correspondence will be entered into.
12. The first valid entry drawn in each Monthly Draw will win a NutriBullet 900 MEGA Pack valued at upto $149 incl. GST.
13. If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or comparable specification.
14. A draw for any unclaimed prizes may take place on the dates specified in the table below at the same time and place as the original draws, subject to any directions from a regulatory authority. Winners, if any, will be notified by email within two (2) business days of the relevant draw and their names will be published online on the newsfeed of the official Whoosh Fitness Facebook page on the dates specified in the table below.

15. Entrants consent to the Promoter using their name, likeness, 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 for the purpose of promoting this promotion (including any outcome), and promoting any of their products or services.
16. If this promotion is interfered with 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 any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
17. Any cost associated with accessing the Whoosh App is the entrant’s responsibility and is dependent on their data plan and internet service provider used.
18. 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) 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.
19. The Promoter collects personal information (“PI”) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, franchisees, media partners, marketing agencies, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://whooshfitness.com/legal-and-privacy-policy/. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter.

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