Network TEN
Anytime Fitness The Biggest Loser: Transformed Competition
Terms and Conditions
Network TEN
Anytime Fitness The Biggest Loser: Transformed Competition
Terms and Conditions
1. Information on how to enter forms part of the terms of entry. Entry into the Anytime Fitness
The Biggest Loser: Transformed Competition (“Competition”) is deemed acceptance of these
terms and conditions.
Eligibility to Enter
2. Entry is open to all residents of Australia aged 18 years and over, however, employees and the
immediate families of Network Ten Pty Limited (the “Promoter”) and their associated agencies
and companies or any organisation or individual associated with the provision of the prize(s) are
not eligible to enter. Entrant must be residing in Australia at the time of entry, or their entry
may be deemed invalid.
Competition Period
3. The competition commences on Sunday 9 April 2017 at 09:00 AEST and closes on Sunday 30
April 2017 at 23:59 AEST (“Competition Period”).
4. The Competition will be advertised on, but not limited to, Network TEN, www.tenplay.com.au.
How to Enter
5. To participate in the Competition entrants must:
a. Log on to tenplay.com.au and register their details including (but not limited to) name,
address, phone number, email address, gender and date of birth, to become a TENPlay
member.
6. All Entrants will receive one free 10 day trial upon entering the competition. Details of the free
10 day trial including terms & conditions of use will be emailed at the conclusion of the
competition.
7. It is free to become a TENPlay member, however, the cost of accessing the promotional website
is dependent on the entrant’s individual service provider. These Terms and Conditions apply in
conjunction with the TEN Members rules.
8. Incomprehensible and incomplete entries will be deemed invalid.
9. A limit of one entry per day per TENPlay member applies. Each entrant is entitled to one (1)
free 10 day Anytime Fitness trial.
10. Entrants who have won a major prize in any Network Ten competition in the past 12 months are
not eligible to win a prize in this competition.
11. Entries must be received by Sunday 30 April 2017 at 23:59 AEST to be included in the Prize Draw.
Each valid entry received over the duration of the Competition Period will be entered into the
Prize Draw.
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12. The time of entry will in each case be the time the online entry is received by the Promoter’s
database. The Promoter accepts no responsibility for any late, lost or misdirected entries due
to technical disruptions, network congestion or for any other reason.
13. The account holder is responsible for any activity and/or entries that have been submitted using
their device (E.g. Phone, computer, tablet etc). It is the account holder’s sole responsibility to
control any and all access to their device. The Promoter, and Mercury Mobility Pty Ltd, will not
be responsible for any loss, damage or costs incurred as a result of failure to comply with this.
Entrants must not use another’s device without express permission from the account holder.
14. 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 to disqualify any entrant who
submits an entry that is not in accordance with these Terms and Conditions or who tampers
with the entry process. Error 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.
15. In consideration for the Promoter awarding the prize to the winner, the winner hereby permits
the winner’s image and/or voice, as recorded, photographed or filmed during the winner’s
participation in the prize to appear in connection with Network TEN or the advertising or
marketing thereof, in any media whatsoever through the world and the winner will not be
entitled to any fee for such use.
16. The Prize Draw will be held on Monday 1 May 2017 at 10:00 AEST at Mercury Mobility Pty Ltd,
Level 1, 16 Anster Street, Adelaide SA 5000.
17. The Major Prize Winner will be notified by a phone call within two (2) days of the draw and in
writing and the winner’s details will be published on the TENPlay website at tenplay.com.au
from Tuesday 2 May 2017.
18. An entry that is made on behalf of an entrant by a third party will be invalid.
19. If required, an unclaimed prize draw will take place at Mercury Mobility Pty Ltd, Level 1, 16
Anster Street, Adelaide, South Australia 5000 on Tuesday 1 August 2017 at 10:00 AEST. The
unclaimed prize winner will be notified of their prize by phone, in writing and winner’s details
will be published on the TENPlay website at tenplay.com.au from Wednesday 2 August 2017.
Prize Details
20. There will be five (5) Major Prize Winners drawn from all entries received (Online) who will win
the following prize package:
Number Prize Details AUD Value
5 x Major
Prizes
12 month membership to Anytime Fitness at a club of
their choice valued at 1,020.35 RRP (includes Joining Fee,
Access Key & Membership)
$5,101.75
TOTAL PRIZE VALUE - AUD $5,101.75
21. The total Prize Pool is valued at $5,101.75 (including GST). The Promoter accepts no
responsibility for change in prize value between now the ultimate prize redemption date.
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22. Any ancillary costs associated with redeeming the prize/s are not included. These are the
responsibility of the winner.
23. If the Major Prize Winner does not reside within 20km of an Anytime Fitness gym listed on
https://www.anytimefitness.com.au/find-gym/, the Major Prize Winner can choose to transfer
the prize to an immediate family member who does reside within 20km of an Anytime Fitness
Gym.
24. All prizes are non-transferrable except for circumstances stated in clause 23. No cash
alternative is available for any prize. Prizes must be taken as offered. Any prize, unused portion
of any prize, or portion of the prize Winner is not entitled to, are not exchangeable or cannot be
redeemed as cash. Prizes cannot be used in conjunction with any other special offer. Prize
values are in Australian dollars. The Promoter accepts no responsibility for any variation in the
prize values. Prize winners are advised that tax implications may arise from their prize winnings
and they should seek independent financial advice prior to acceptance of their prize.
25. The Anytime Fitness 12 month Membership awarded to Major Prize Winner must be used in
accordance with the terms and conditions found at https://www.anytimefitness.com.au/wpcontent/uploads/2016/08/anytime_fitness_membership_agreement_all_states.pdf.
26. In acceptance of the prize, the Winner acknowledges that they may incur ongoing costs
associated with the prize which are the entire responsibility of the winner.
27. If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute
the prize for a prize of equal or greater value, subject to any directions given under State
Regulation.
28. The Promoter is neither responsible nor liable for any damaged, delayed or lost in transit in the
delivery of the prize.
29. The Promoter’s decision is final and the Promoter will not enter into correspondence regarding
the Competition result.
30. It is a condition of accepting the prize that the winner must comply with all the conditions of
use of the prize and the prize supplier’s requirements.
31. In the event that for any reason whatsoever the Major Prize Winner does not take an element
of the prize at the time stipulated by the Promoter then that element of the prize will be
forfeited by the winner and cash will not be awarded in lieu of that element of the prize.
32. Personal information about all prize winners will be shared with the prize provider, and their
agents, to the extent necessary for prizes to be delivered to the prize winners.
33. If the Major Prize Winner does not provide proof of meeting the age restriction and other valid
entry requirements, the Major Prize will be forfeited in full, and the winner will have no further
claim. A re-draw will be held to award the Major Prize to a valid entrant.
34. Prizes will be awarded to the person named in their contestant entry. Should an entrant’s
contact details change during the Competition Period it is the entrant’s responsibility to notify
Anytime Fitness The Biggest Loser Transformed Competition TCs 060417 Page 4 of 5
the Promoter. A request to access or modify any information provided in an entry should be
directed to the Promoter.
35. It is a condition of accepting the prize the Major Prize Winner may be required to sign a legal
release in a form determined by the promoter in its absolute discretion.
36. Should the Major Prize Winner not meet any of the criteria stated in these terms and conditions
to be a valid winner they will forfeit all rights to the Major Prize, and a redraw will take place to
reallocate the Major Prize to a valid winner.
37. By accepting the prize, the Major Prize Winner agrees to participate in and co-operate as
required with all reasonable media editorial requests relating to the prize, including but not
limited to, being interviewed and photographed, filmed and/or chaperoned throughout the
duration of the prize.
38. If for any reason this Competition is not capable of running as planned, including due to
infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical
failures or any causes beyond the control of the Promoter, which corrupt or affect the
administration, security, fairness or integrity or proper conduct of this promotion, the Promoter
reserves the right in its sole discretion to disqualify any individual who tampers with the entry
process, take any action that may be available, and to cancel, terminate, modify or suspend the
Competition, subject to government legislation.
39. If your entry is selected as a winning entry, validation of your circumstances and the validity of
your entry will be undertaken by the Promoter. Method of validation (without limitation) will
be determined by the Promoter at its complete discretion. If the winning entry is deemed to be
a winner, the winner will be notified in accordance with these terms and conditions. In the
event that the Promoter requests the entrant to sign any legal documents relating to the
verification of their medical circumstance, the legal documents will take the form determined
by the Promoter. It is a condition of accepting the prize the winner signs any such legal
documentation.
40. 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 State and Territories of Australia (“Non-Excludable Guarantees”). Except
for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the
Promoters (including its respective officers, employees and agents) excludes all liability
(including negligence), for any personal injury; or loss or damage (including loss of opportunity);
whether direct, indirect, special or consequential, arising in any way out of the promotion and:
(a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s
control); (b) any theft, unauthorised access or third party interference: (c) any entry or prize
claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by
the Promoters)due to any reason beyond the reasonable control of the Promoter; (d) any
variation in prize value to that stated in these Terms and Conditions; (e) any tax liability
incurred by a winner or entrant; or (f) use of the prize.
41. 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 Promoters, 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
Anytime Fitness The Biggest Loser Transformed Competition TCs 060417 Page 5 of 5
modify, suspend, terminate or cancel the promotion, as appropriate, subject to government
legislation.
42. All entries become the property of the Promoter. The Promoter collects personal information
about you to enable you to participate in this promotion but no further use of this information
will be made without prior consent.
43. The Promoter shall not be liable for any loss or damage whatsoever which is suffered (including
but not limited to indirect or consequential loss) or for any personal injury suffered or sustained
in connection with any prize/s except for any liability which cannot be excluded by law. The
Promoter is not responsible for any incorrect or inaccurate information, either caused by the
phone user or for any of the equipment or programming associated with or utilised in this
Competition, or for any technical error, or any combination thereof that may occur in the
course of the administration of this Competition including any omission, interruption, deletion,
defect, delay in operation or transmission, communications line or telephone, mobile or
satellite network failure, theft or destruction or unauthorised access to or alteration of entries.
44. With your express consent to do so, Anytime Fitness will handle entrant’s personal information
(e.g. first name, last name, address, suburb, state, postcode, phone number, email address,
gender, date of birth) in accordance with their Privacy Policy which can be accessed at
https://www.anytimefitness.com.au/privacy/. Anytime Fitness’ Privacy Policy may be updated
from time to time and it will be the entrant’s responsibility to keep up to date with any changes
to the Privacy Policy. The entrant may at any time, opt out of receiving contact from Anytime
Fitness by sending an email to legal@anytimefitness.com.au.
45. You consent to The Promoter collecting your personal information for the purpose of
conducting and promoting this Competition (including but not limited to determining and
notifying the winner and prize fulfilment). Your personal information may be disclosed to a
third party as a result of entering this competition, including but not limited to Mercury
Mobility Pty Ltd and MultiChannel Network Pty Ltd. Your personal information may be
disclosed to State and Territory lottery departments and winners’ names published as required
under the relevant lottery legislation. For purposes of public statements and advertisements
The Promoter will only publish the winner’s surname, initial and State. A request to access,
update or correct any information should be directed to the Promoter. If you are not willing for
this to occur you cannot participate in the promotion.
46. The Promoter is bound by the Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth)
and by entering the Competition, you (the entrant) are taken to consent to Network Ten Pty
Limited’s privacy policy which contains information, amongst other things, about how you may
access personal information that is held by Network Ten Pty Limited about you and seek
correction of such information. See www.tenplay.com.au/privacypolicy to view Network Ten
Pty Limited’s APP Privacy Policy in full. Our APP Privacy Policy also contains information about
how you may complain about a breach of the APPs, or a registered code that is binding on our
organisation and how Network Ten Pty Limited will deal with such complaints. We may disclose
your personal information to related entities and third party service providers outside Australia.
47. The Promoter is Network Ten Pty Limited (ABN: 91 052 515 250) of 1 Saunders Street, Pyrmont
NSW 2009.
48. Permit Approvals: ACT: TP 17/00565, NSW: LTPS/17/12720, S T17/528.
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