Up & Go Vive Morning Makeover Promotion

1. Information on how to enter and prizes form part of these Terms and Conditions. By participating, entrants agree to be bound by these Terms and Conditions.
2. Entry is open to residents of Australia who are 18 years and over only. Employees of the Promoter (and their immediate families) and agencies associated with this promotion are ineligible to enter.
3. 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 Conditions of Entry or who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
4. Promotion commences at 12.01am (AEDST) on 16th March 2009 and closes at 11.59pm (AEST) on 28 June 2009 ("Promotional Period").
5. To enter, go online to www.upandgo.com.au/vive and follow the prompts. Submit your entry as requested.
6. Multiple entries permitted, subject to the following: (a) each entry must be submitted separately and in accordance with entry requirements.
7. The draw will take place at 11.00am (AEST) on the 6 July 2009 at the Promoter's premises (54 Park Street, Sydney, NSW 2000). The winners will be notified by mail and phone on 10 July 2009 using the contact details provided at time of entry. The name of the winners will also be published in the public notices section of The Australian on 23 July 2009.
   
   There will be 4 winners for each of the following four prizes:
   
   Prize 1: The first 4 valid entries drawn will each receive 1 x Fernwood 12 month gym memberships (valued at up to $3,600 depending of cost of membership at Fernwood gym location closest to winner). Redemption of prize is subject to the standard business guidelines and terms and conditions for Fernwood gym membership.
   
   Prize 2: The next 4 valid entries drawn will each receive 1 x 3 month personal trainer sessions valued at up to $1440. Prize will be awarded in the form of 1 session per week. Redemption of prize is subject to the standard business guidelines and terms and conditions of the nominated service provider.
   
   Prize 3: The next 4 valid entries drawn will each receive 1 x 3 month pilates one on one training session valued at up to $1,440. Prize will be awarded in the form of 1 session per week. Redemption of prize is subject to the standard business guidelines and terms and conditions of the nominated service provider.
   
   Prize 4: The next 4 valid entries drawn will each receive 1 x full day spa pamper session for the winner and a friend valued at up to $800. Redemption of prize is subject to the standard business guidelines and terms and conditions of the nominated service provider.
   
   TOTAL PRIZE POOL IS VALUED AT UP TO $29,120
8. Prize/s does not include any ancillary costs associated with redeeming the prize. These are the responsibility of the winner. Prize is subject to booking and availability. If for any reason whatsoever a winner does not redeem a prize or an element of the prize by 28th December 2009, then the prize or that element of the prize will be forfeited.
9. The winner must be 18 years or older to use the Fernwood Gym Membership.
10. The Fernwood gym membership is not transferable unless the winner is under the minimum age to use a Fernwood gym membership or does not meet the standard business guidelines for Fernwood membership. The winner can only then transfer the membership to be awarded to a nominated person upon approval of the Promoter. Such approval will be endorsed by the Promoter in a form to be determined by the Promoter in its complete discretion.
11. In awarding prizes 2, 3 and 4 the locations where the redemption of the prize is to take place, will be chosen at the discretion of the promoter. The Promoter will consult with the winner to determine a suitable location but the ultimate determination will be made by the Promoter.
12. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be redeemed for cash. The Promoter's decision in relation to all aspects of the promotion is final and binding on all who enter- no correspondence will be entered into. The Promoter accepts no responsibility for late, lost or misdirected entries or other communications. Entries will be deemed void if forged, manipulated or tampered with in any way.
13. The winner/s and any other person sharing the prize with the winner, may be required to sign a legal release and indemnity (in a form to be determined by the Promoter) to release the Promoter from any liability arising from the use or participation in the prize. In the event that a portion of the prize is awarded to the winner in the form of a voucher / ticket / pass/ letter, redemption of that portion of the prize will be subject to the terms and conditions stipulated on the voucher / ticket / pass/ letter. The Promoter will not be liable for any voucher / ticket / pass/ letter that has been lost, stolen, forged, damaged or tampered with in any way.
14. In the event any prize becomes unavailable for reasons beyond the Promoter's control, the Promoter may substitute a prize of equal or greater value, subject to any written directions from the various lottery authorities.
15. If necessary, a second chance draw will be held on 27 October 2009 at the same time and place as the first draw in order to distribute any unclaimed prize. The second chance draw winner will be notified by mail and their name will be published in the public notices section of The Australian on 29 October 2009.
    
    Except for any liability that cannot be excluded by law, the Promoter and Sanitarium (including their respective officers, employees and agents) exclude 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, including, but not limited to, where arising out of the following: (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 Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Conditions of Entry; (f) any tax liability incurred by a winner or entrant; (g) the prize and/ or (h) participation in the promotion.
16. Entries remain the property of the Promoter. Details from entries will be collected and used for the purposes of conducting this competition (which may include disclosure to third parties for the purpose of processing and conducting the competition) and for promotional purposes surrounding this competition. By entering this competition entrants consent to the use of their information as described and agree that the Promoter may use this information, or disclose it to other organisations that may use it, in any media for future promotional purposes without any further reference or payment to the entrant. Entrants may access, change and/or update their personal information and obtain a copy of the Promoter's privacy policy by contacting the Promoter in writing.
17. The Promoter assumes no responsibility for any failure to receive an entry or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches. If such problems arise, then the Promoter may (where necessary with the approval of the relevant lottery authority) modify the promotion.
18. By entering the competition, the entrant consents to receipt of any email regarding the competition, and other emails which inform the entrant of the Promoter's other publications, products, services and events and to promote third party goods and services it may be interested in.
19. The Promoter is ACP Magazines Ltd of 54 Park Street Sydney NSW 2000 ABN 18 053 273 564.

Authorised under permit numbers -
NSW: LTPS/09/01996
VIC: 09/773
SA: T09/507
ACT: TP09/00824