Terms and Conditions

TERMS AND CONDITIONS OF ENTRY (PROMOTION)

Name of Promotion

YoPRO Down Under Crossfit 2023 (DUC23)

The Promoter

DANONE SAPUTO DAIRY AUSTRALIA PTY LTD

Level 6, 636 St Kilda Road, Melbourne VIC 3004

ABN: 32 143 172 258

Entry is open to Australian residents only who:
All entrants must be over the age 18 years of age, have a valid email address and phone number.

Entry Restrictions

The directors, management and employees (and their immediate families) of The Promoter, its related entities, printers, suppliers, providers and agencies who are directly associated with the conduct of this Promotion are ineligible to enter the Promotion. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or stepchild (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.

Competition Period

The Competition Period begins at 9:00 am (AEST) on 1 November 2023 and ends at 5:30 pm (AEST) on 3 November 2023.

Entry Method

Participants must:

(a) Follow the @yoproau & @downunderchampionship on Instagram

(b) Tag a friend you would take to the DUC in the comments section of the YoPRO DUC23 competition post

Maximum Number of Entries

1 entry per person during the length of the social media campaign.

Detail of Determining Winners

Winners will be selected by the following criteria:

(a) Must have a public profile for tracking the content shared at the event and convenience.

(b) Winner will be selected at random.

Prize Details
Each winner will receive:

2x Gold entry passes to the DUC23 event happening from 1-3 December (pass valid across the 3 days)

Please refer to Section 19 of these Terms and Conditions.

Total Prize Pool

4 x day pass Gold Reserved Seating: $187.80pp

Total prize valued for 4 x people: $751.20.

Notification of Winners

The winners will be notified via private message on Instagram by @yoproau.

Publication Details

Not applicable.

Prize Claim Date and Time

All prizes must be claimed by 5:30 pm (AEST) Friday 10 November 2023.

Prize Delivery

Tickets will be sent out directly by Ticketmaster and organised in conjunction with Always Human or Wavemaker.

This Promotion is free to enter; however, entrants are responsible for their own costs associated with accessing the internet.

If for any reason whatsoever a winner is not eligible to accept their prize, then the prize will be forfeited by that winner and neither cash nor any other prize will be awarded in lieu.

The Promoter will take all reasonable steps to contact the winners by 6 November 2023. If the Promoter has been unable to contact or receive a reply from any winner by 6pm (AEST) on 10 November 2023 that winner will forfeit the Prize.

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, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law to disqualify any entrant or modify, suspend, terminate or cancel the Promotion, as appropriate.

The prize(s) must be taken as stated and no compensation will be payable if a winner is unable to use the prize(s) as stated. Prizes are not transferable, exchangeable and cannot be redeemed for cash. The Promoter accepts no responsibility for any variation in prize value. If a prize or any element of a prize is unavailable for any reason, the Promoter may substitute for that prize or element of that prize, another item of equal or higher value as determined by the Promoter. The Promoter accepts no liability in respect of the prize and, to the extent permitted by law, disclaims and excludes all warranties and guarantees in respect of the prize. By participating in the Promotion, the entrants release the Promoter from any claim whatsoever arising from or in connection with the prize. The Promoter does not covenant, warrant or represent that the provision of the prize will not waive or void any manufacturer's warranties or guarantees, the entrant must make its own enquiries with the manufacturer prior to entering the Promotion.

Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury suffered or sustained in connection with this Promotion or any prizes; and 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, where arising out of the following:

(a) any theft, unauthorised access or third-party interference

(b) 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

(d) any tax liability incurred by a winner or Eligible Entrant and

(e) use of the prize.

As a condition of accepting their prizes, the winners may be required to sign legal documentation as and, in the form, required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.

The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to the supplier of the prize, and any third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for Promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update or correct information to the Promoter at Danone Saputo Dairy Australia.

By entering the Promotion, the entrant indemnifies, and hold harmless, the Promoter and its employees, servants, agents and contractors, from and against all losses arising from a breach by the winner of any of these Terms and Conditions; any third party claim arising directly or indirectly from a breach by the winner of any of these Terms and Conditions; a negligent, wilful or otherwise wrongful act or omission of the winner; fraudulent or dishonest acts or omissions by the winner; any breach by the winners of any applicable laws; any claim by any third party (including individuals, legal entities and governmental departments or agencies) arising directly or indirectly as a result of the winner accepting this prize, the death of, or personal injury to, any person or any damage to, or loss or destruction of, any real or tangible personal property, to the extent caused by any act or omission of the winner.

By entering the Promotion, the entrant assigns all intellectual property rights created in respect of the Promotion, including any content or material submitted by the entrant, to Danone. Separately, the entrant acknowledges and agrees that Danone may reproduce, use, develop or share any content or material on its own digital and social media channels, on paid digital or social media, or future billboard and out-of-home advertising.

As a condition of accepting the prize, the winner consents to the Promoter using an eligible entrants entry, name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the Promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter.

By submitting an entry into the Promotion, the entrant acknowledges that the Promotion is in no way sponsored, endorsed or administered by, or associated with, Meta/Instagram or any other social network.

To the fullest extent permitted by law, each entrant releases Meta/Instagram from and against any loss, liability, cost or expense that the entrant or any other person may suffer or incur as a result of entry into the Promotion.

These Terms and Conditions are governed by the laws of Australia and individual State law and each entrant agrees to submit to the non-exclusive jurisdiction of the courts of the State.