Prizes & Rewards Terms and Conditions

1. The promoter is IN AND OUT FITNESS ORGANISATION PTY LTD trading as “Survive to Thrive Nation” (ACN 163 167 360) of 10 Bernoth Street, Aspley QLD 4034 (Promoter).
2. Entry into the Run with Will Challenge (Challenge) is deemed acceptance of these terms and conditions (Terms).
3. The Challenge consists of:

(a) Registering at the website of the Challenge at https://runwithwill.com (Website), which includes, among other things:

(i) answering the questionnaire that is part of the process for the Challenge (Questionnaire) with 25 words or less;

(ii) selecting the running goals;

(b) The entrant achieving the running goals selected during the registration process; and

(c) The entrant raising funds for the Promoter’s “Survive to Thrive Nation” (STTN) program for military veterans;

Limits on entry

4. Entry is open to all residents of Australia. However, the following persons will not be eligible to receive any Prizes or Rewards:

(a) directors, officers, or employees of the Promoter and their immediate family members; and

(b) persons who have breached the terms and conditions of any promotion run by or on behalf of the Promoter.

5. Notwithstanding paragraph 4 above, the Promoter reserves the right to accept or reject any entry at its sole discretion and is not obliged to provide any reasons for rejecting an entry.

6. Registrations must be completed during the Challenge period from 7 September 2022 to 27 November 2022 (dates inclusive) (Challenge Period).

7. A person may only register one entry for the Challenge.

8. Multiple entries and entries under false identities, will be rejected or cancelled by the Promoter upon detection, without requiring any notice to the entrant.

9. As the Challenge involves distance running, the entrants must ensure that they are in adequate physical condition. If an entrant has any doubts about whether it is appropriate for them to participate in the running aspect of the Challenge, the entrant should consult a qualified healthcare professional before participating. All entrants must accept the risks inherent in distance running including but not limited to cardio-vascular complications and musculoskeletal injuries.

Prizes and rewards

10. The entrants may win various gifts in two categories:

(a) “Prize” which will be awarded to the entrants who raise the largest amount of funds overall; and

(b) “Reward” for attaining fundraising milestones as set out on the Website;

during the Challenge Period.

11. In addition to the criteria referred to in paragraph 10 above, the Promoter will also assess the entrant’s answer to the Questionnaire, and this will be used in conjunction with the monetary criteria when determining who will receive a Prize.

12. The criteria at paragraphs 10 and 11 above, are collectively referred to as the “Winning Criteria”.

13. All payment and collection of funds for the Challenge must be done via the Website, and only the funds paid and collected via the Website will be counted toward the Winning Criteria.

14. The specific Prizes and Rewards that may be awarded are set out on the Website, and the number of winners may vary depending on, among other factors, the total funds raised and the availability of items in the Prize and Reward pool. Some Prizes and Rewards may include items that can be chosen by the entrant amongst several options.

15. The Winning Criteria and the Prizes and Rewards available, may reasonably be varied by the Promoter. The Promoter will notify all entrants by email regarding any changes, and the changes shall apply immediately upon such emails being sent by the Promoter.

16. Prizes are not transferable to another entrant and not redeemable for cash.

17. If for any reason an entrant is awarded Prizes or Rewards which they fail to claim or take delivery, then the Prizes or Rewards will be taken to have been forfeited by the entrant and may be issued to another entrant or dealt with by the Promoter as the Promoter determines at its sole discretion.

18. All Prize or Reward items are subject to availability. The Promoter cannot and does not guarantee that it can provide any Prize or Reward item that is selected by an entrant.

19. If a particular Prize item selected by an entrant is unavailable, the Promoter may substitute that item with an electronic gift card of equivalent value.

20. The Promoter shall contact a winning entrant by email. The entrant is wholly responsible for ensuring that their contact details are kept up-to-date, and the Promoter shall not be liable for the forfeiture of any Prize or Reward caused by the entrant providing incorrect email addresses or other contact details.

General terms

21. The Promoter reserves the right in its sole discretion to verify, or require the entrant to verify, the entrant’s identity, eligibility to enter the promotion, entry submitted and compliance with these Terms.

22. If there is a dispute about the identity of the entrant, the Promoter reserves the right in its sole discretion to determine the identity of the Entrant.

23. Entrants acknowledge and agree that:

(a) their personal information will be collected by the Promoter for the purpose of conducting the Challenge, conducting future promotions and for marketing purposes;

(b) their personal information may be disclosed to a third-party by the Promoter if the disclosure is reasonably required to administer the Challenge; and

(c) if an entrant wins a Prize or Reward, the Promoter can use the entrant’s personal information to credit them for their entry and disclose their personal information in communications (including marketing materials and press releases) about the Promotion.

24. Further to paragraph 23 above, the Promoter will handle entrants’ personal information in accordance with its Privacy Policy which may be viewed at https://survivetothrivenation.com/privacy-policy/ and the entrant agrees with the provisions of the Privacy Policy.

25. If the Challenge is compromised in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter reserves the right in its sole discretion to modify, suspend, terminate, or cancel the Challenge. Notice of any changes to the Promotion, including any consequential changes to these Terms, will be posted to the Website, and emailed to all entrants.

26. Except for any liability that cannot be excluded by law, each entrant completely releases the Promoter from all liability arising in any way out of the Challenge.

27. To the full extent permitted by law, the Promoter is not liable for any injury, damages, expenses, or loss whatsoever (including but not limited to indirect or consequential loss) to persons or property arising in any way out of the Challenge.

28. Each entrant indemnifies and keeps indemnified the Promoter against all claims, losses or damages and expenses suffered by the Promoter or any third parties arising out of the entrant’s breach of these Terms, the conduct of the entrant in relation to the Promotion, or use of any Prize or Reward.

29. The Promoter’s decision in relation to any aspects of the Challenge is final and binding on all entrants.

30. Failure by the Promoter to enforce any of its rights at any time does not constitute a waiver of those rights.