Customer Service

NANO 9 FOR ALL PROMOTION TERMS AND CONDITIONS

1. Information on how to enter and prizes form part of these Terms and Conditions.

 

2. By participating in the promotion, Nominators and Nominees acknowledge that they have read and understood these Terms and Conditions; and agree to be bound by them. Entries must be submitted in accordance with these Terms and Conditions to be valid.

 

3. The promotion commences on 20 May 2019 at 1:00PM Australian Eastern Standard Time (AEST) and entries close on 29 May 2019 at 23:59 AEST (Promotion Period).

 

4. The promotion is only open to "Eligible Nominators" and “Eligible Nominees”. Subject to these Terms and Conditions:

i) an Eligible Nominator is a person who

(i) is an Australian or New Zealand resident;

(ii) is 18 years of age or older at the time of entry;

(iii) operates an account with Instagram; and (iv) submits their entry into this promotion in accordance with these Terms and Conditions; and ii) an Eligible Nominee is a person who (i) is an Australian or New Zealand resident; (ii) is 18 years of age or older at the time of entry;

(iii) operates an account with Instagram; and

(iv) agrees to comply with these Terms and Conditions. 5. Employees, managers and directors of the Promoter and its related companies and suppliers and agencies involved in this promotion are not Eligible Nominators nor Eligible Nominees, nor are their immediate families.

 

6. Only one entry/nomination per person is permitted. In the event that more than one (1) entry/nomination is received from any one (1) person, the first entry processed will be considered the only valid entry received. Promoter will not acknowledge receipt of nominations or duplicates. In the event of any dispute regarding an entry, entries will be deemed made by the authorised account holder of the Instagram account used to submit the notification. The “authorised account holder” is the natural person who is assigned to the email address associated with the Instagram account by an internet access provider or other organisation that is responsible for assigning email addresses or the domain associated with the submitted email address.

 

7. This promotion is a game of skill, and chance plays no part in determining the winners. To enter, a Nominator must during the Promotion Period, nominate one (1) Nominee by:

i) Posting on the Nominator’s own Instagram page one (1) photo or video about the Nominee that includes, either in the video (optional) or caption, the reason why the Nominator thinks the Nominee embodies the inclusive nature of the fitness community (for example, someone who tries hard and is a positive presence in the gym, no matter what his/her fitness level)(“the Post”);

ii) Tagging the Nominee in either the photo/video or the caption;

iii) Tagging @Reebokau or @Reeboknz (as appropriate) and include the hashtag #NanoForAll in the caption;

iv) Setting his/her Instagram profile to “public”; and

v) Complying with these Terms and Conditions

vii) The Post must:

 

8. be viewable and accessible for at least thirty (30) days following the expiration of the Promotion Period;

 

9. be truthful and the Nominator’s original idea;

 

10. comply with all guidelines and terms of use on Instagram;

 

11. not contain material which is (or promote activities which are) sexually explicit, obscene, pornographic, self-mutilating, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing;

 

12. not include any private information of a third party such as name, address, phone number or email address, except for the Nominee’s Instagram username;

 

13. not disparage the Promoter, its products or services or any other person or party affiliated with the promotion and its administration;

 

14. not include mention or performance of any copyrighted media production, including, but not limited to, music, films, books, television programming, etc., or identifying descriptions of any media property, except to the extent that such use constitutes a clear fair use or the copyright owner has expressly consented to such use;

 

15. not contain material that violates or infringes another’s rights, including, but not limited to, material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright infringement. Entries must not include third-party trademarks, logos, insignia, location signage, photographs, artwork, sculptures or music; and

 

16. not include any third parties.

i) Nominator must have express consent to use the photo/video if it is not his/her own and permission from the Nominee to use the Post and feature the Nominee in the Post, and must be able to produce evidence of such consent to Promoter upon request.

ii) Nominee’s Instagram profile must also be set to “public”.

iii) Upon posting of the Post in accordance with these Terms and Conditions, the Nominee will receive one (1) entry into the Promotion.

 

17. Nominator acknowledges that in the event Nominee is selected as a winner of this Promotion, Nominator is not entitled to any prize or compensation of any kind.

 

18. If a Nominee’s contact details change, it is the Nominee’s responsibility to notify the Promoter in writing.

 

19. All entries become the property of the Promoter.

 

20. Entries will be judged based on the level the Nominee embodies the Crossfit community spirit and the creativity the Nominator goes to to best describe the Nominee.The winners will be the best nine (9) valid entries as determined by a panel of judges comprising representatives of the Promoter. The Promoter's decisions are final and no correspondence will be entered into.

 

21. The winners will be notified by direct message to the Nominee via the Instagram username provided in the Nominator’s Post (unless the Nominee has notified the Promoter of a change to their contact details in accordance with clause 9) on or about 4 June 2019. i) The potential winning Nominees will be required to take the specified steps provided in the notification message within forty-eight (48) hours of receiving the notification that they are a potential winner. To receive the prize, the potential winning Nominee may be required to sign a Declaration of Compliance with the Official Rules and a Release of Liability (collectively, the “Release”). The Release must be returned within the time period indicated in the documents or the prize will be forfeited.

 

22. Winners will each receive one (1) pair of new Nano 9 Reebok Sneakers (the “prize”). Winners acknowledge that they must provide Promoter with their shoe size.

 

23. Total prize pool valued at $1,710 AUD.

 

24. The Promoter will use all reasonable efforts to contact a Nominee selected as a winner but accepts no responsibility if a Nominee cannot be contacted. If a Nominee selected as a winner cannot be contacted, fails to provide the required documentation/assurances (including the Release) or is unable to accept any element of the prize or is disqualified from eligibility as the winner of the prize pursuant to these Terms and Conditions, then that Nominee will forfeit the prize in its entirety and the Nominee with the next best entry (as determined by the judging panel) will be selected as the winner. The Promoter will not be liable for a winner who cannot be contacted or is disqualified from eligibility and therefore forfeits their prize and no correspondence will be entered into.

 

25. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize, or any element of it, as stated. The Promoter reserves the right to substitute the prizes in whole or in part for something of equal or greater value in the event that any component of the prize is unavailable (subject to any applicable legislation). Prizes are not transferable, deferrable, exchangeable or redeemable for cash or product. The prize cannot be sold to any other person (including by online auction or private sale). Unused portions of prizes will be forfeited and no compensation will be payable in lieu of that element of the prize.

 

26. Prizes will only be delivered to addresses in Australia and New Zealand. Prizes will be sent by post from the Promoter's head office to the address provided by the Nominee to the Promoter via direct message. Winners should allow 28 days from the prize draw for delivery of their prize. Once prizes have left the Promoter's premises, the Promoter takes no responsibility for prizes damaged, delayed or lost in transit.

 

27. Nothing in these Terms and Conditions limits, excludes or modifies any rights under the Australian Consumer Law or other applicable law. Except for any liability that cannot by law be excluded (in which case that liability is limited to the maximum extent allowable by law), the Promoter (including its officers, employees and agents) excludes all liability for any death, personal injury, loss or damage (including loss of opportunity and whether direct, indirect, special or consequential) suffered or incurred by any person (whether or not arising from any person's negligence) arising in any way out of or in connection with the promotion, the awarding or provision of any prizes, use of or participation in any of the prizes or the marketing of the promotion.

 

28. The Promoter reserves the right to disqualify any entries in its absolute discretion. For example, the Promoter may disqualify: (a) any Nominators or Nominees or entries that tamper with, or attempt to tamper with the entry process; (b) incomplete, indecipherable or illegible entries or entries containing false information or incorrect contact details; (c) any entries that contain material that is obscene, indecent, objectionable, defamatory, libellous or otherwise contravenes an applicable law or infringes any third party's rights; and (d) any entries that the Promoter considers inappropriate for any reason.

 

29. The Promoter reserves the right, at any time, to verify the validity of entries and the details provided by Nominators or Nominees (including a Nominator’s or Nominee’s identity, age and place of residence) and to disqualify any entry that is not in accordance with these Terms and Conditions. The identification necessary for verification is at the sole discretion of the Promoter. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

 

30. All Nominees who are selected as winners consent to the Promoter using their name, image, likeness, character, voice or anything else that identifies them without remuneration in any media worldwide (including without limitation in national print media, on the Promoter's website and in other promotional material) for a reasonable time to publicise this promotion (including any outcome).

 

31. Privacy Statement. The Promoter collects Nominator’s and Nominee’s personal information, and may disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and related bodies corporate, in order to conduct, administer and publicise the promotion. By entering the promotion, each Nominator consents and agrees directly and on behalf of the Nominee to the Promoter using their personal information and sending them information in accordance with the Promoter's Privacy Policy (available at http://www.adidas.com.au/help-topics-privacy_policy.html) and otherwise agrees to the terms of the Promoter's Privacy Policy. Without limitation, the Promoter and its related bodies corporate may, for an indefinite period unless and until otherwise advised by the Nominator or Nominee, use their personal information for marketing, advertising and opinion research purposes, including sending electronic messages or telephoning the Nominators or Nominees. This includes sending Nominators and Nominees information about adidas Group products. Nominators and Nominees can advise the Promoter at any time if they no longer wish to receive marketing communications from the Promoter, by contacting the Promoter at the address below or in accordance with the Promoter's Privacy Policy. Some of the Promoter's agents, contractors, service providers, prize suppliers and related bodies corporate may be located overseas, including in Germany, and as a result the Nominators’ and Nominees’ personal information may be disclosed overseas. If a Nominator or Nominee does not provide the information requested, they may not be able to enter the promotion. The Promoter's Privacy Policy contains information about how Nominators and Nominees can gain access to or seek correction of personal information that the Promoter holds about them. It also contains information about how Nominators and Nominees can make a privacy complaint and how the Promoter will deal with it.

 

32. Each Nominator and Nominee must comply with these Terms and Conditions. Each Nominator and Nominee indemnifies and will keep indemnified the Promoter in relation to all loss and damage whatsoever which is suffered (including but not limited to indirect or consequential loss) by the Promoter as a direct or indirect result of the Nominators or Nominees acting inconsistently with or breaching any part of these Terms and Conditions.

 

33. The Promoter does not accept any responsibility for late, lost, incomplete, incomprehensible, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence, whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. All entries are deemed to be received at the time of receipt in the promotional database.

 

34. The Promoter is not responsible for any problems or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a mobile network, or any combination of these, or any other technical failures including any damage to a Nominator's (or any other person's) mobile handset or computer related to, or resulting from, participation in this promotion or the downloading of any materials related to this promotion. Nominators acknowledge that the Internet is not a secure medium and that the Promoter is not responsible for the security of on-line entries.

 

35. If for any reason this promotion is not capable of running as planned, including as a result of infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness, integrity, safety or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the promotion, subject to any applicable legislation.

 

36. The Promoter’s decision on all aspects relating to this promotion is final and no correspondence will be entered into.

 

37. Nominators and Nominees acknowledge that the promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram, and release Instagram from all liability arising in respect of the promotion.

 

38. The Promoter is adidas Australia Pty Ltd (ABN 80 058 390 659) of Level 1, 37 Dunlop Road, Mulgrave, Victoria 3170.