Terms and Conditions – #BauerfeindHelpedMeDoThat Competition

Motion Is Life Pty Ltd Terms and Conditions of Entry

1. Information on how to enter and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions. Entrants may submit one (1) entry and only one (1) prize will be assigned to each unique entrant. Any competition winner who fails to claim their prize within ninety (90) days from the date the prize is announced, will forfeit the prize and no new winner will be chosen.

2. Entry is open to residents of Australia only. Entrants must be 18 years old or older. Employees and the immediate families of the Promoter and its agencies associated with this promotion are ineligible to enter. Entries can only be made through Facebook or Instagram. The promotion is in no way sponsored, endorsed, administered by or associated with Facebook or Instagram. Incomplete or illegible entries will be deemed invalid.

3. To enter the promotion, the entrant must complete the following steps during the promotional period:

  • Follow Bauerfeind ANZ on Instagram

  • Like Bauerfeind ANZ on Facebook

  • Post an image or video showing the entrant being active in Bauerfeind product with the hashtag #BauerfeindHelpedMeDoThat

4. Entrants consent to the Promoter using their submitted assets in any media for an unlimited period without remuneration for the purpose of promoting the brand, and any products manufactured, distributed and/or supplied by the Promoter. Furthermore, entrants must ensure the proper use of third-party intellectual property of any content submitted.

5. The winners will be determined based on the creative merit of their entry, such as the general setting, equipment and props used, clear visibility of a Bauerfeind product, a depiction of an activity and other creative elements including but not limited to colour scheme and image/video quality. On 5th February 2024, the winner(s) will be selected, contacted within two (2) business days, and asked to provide their full name, address, email address, and proof of purchase to claim the prize

6. The Promoter reserves the right, at any time, to verify the validity of 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. Errors and omissions may 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. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.

7. Promotion commences on 1st January 2024. Entries close 31st January 2024 at 11.59 pm (AEST) (“Promotional Period”) and all entries must be received by that date.

8. Following the end of the promotional period, the Promoter will verify all entries and determines the winner(s). Winners will only be selected if there are a minimum of twenty (20) qualified entries in total. The total number of prizes are in relation to the number of submissions received during the promotional period and are capped at a total of five (5) prizes. The number and value of prizes are as follows:

  • With 20 valid entries: One (1) winner will get cash-back on a previous purchase of up to $150

  • With 40 valid entries: Two (2) winners will get cash-back on a previous purchase of up to $150 each

  • With 60 valid entries: Three (3) winners will get cash-back on a previous purchase of up to $150 each

  • With 80 valid entries: Four (4) winners will get cash-back on a previous purchase of up to $150 each

  • With 100 or more valid entries: Five (5) winners will get cash-back on a previous purchase of up to $150 each

The amount each winner receives depends on the value of the purchased product at Bauerfeind Australia via www.bauerfeind.com.au or instore at 2A Ground Floor, 219-227 Elizabeth St, Sydney NSW 2000.
If the value of the purchase is below $150 (excl. shipping), this respective amount will be refunded. If the value of the purchase is $150 or above (excl. shipping), $150 will be refunded. If no proof of purchase can be provided, no prize will be given out. 
All winners will be notified in writing (via Facebook/Instagram messenger or email) within two (2) business days from the day of the selection and the prizes will be processed within 28 business days. Any unclaimed prizes will be forfeited, and no new winner will be chosen. Promoter’s decision is final, and no correspondence will be entered into.

9. Unless otherwise due to fraud or ineligibility under these Terms and Conditions prize winners will be honoured.

10. Prizes are not transferable or exchangeable and cannot be taken as cash and require a previous purchase. If a winner of prize is under the age of 18 years, the prize will be ineligible and redrawn within 24 hours. Cash-back will be provided via the same payment method used for the previous purchase. Prize winner will need to provide personal details (full name, address, email address, and proof of purchase) to claim the prize.

11. 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, including but not limited to technical difficulties, unauthorised intervention or fraud, 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 modify, suspend, terminate or cancel the promotion, as appropriate.

12. 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 Promoter (including its respective officers, employees, and agents) excludes 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.

13. Except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees, the Promoter (including its officers, employees and agents) excludes 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: (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 Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) a prize.

14. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. The Promoter will also use and handle personal information as set out in its Privacy Policy, which can be viewed at https://www.bauerfeind.com.au/pages/privacy-policy. Entry is conditional on providing this information. By entering the promotion, unless otherwise advised by the entrant, each entrant consents to the information they submit with their entry being entered into a database and, in addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may use this information in any media for future promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant, without any further reference or payment or other compensation to the entrant. All personal details of the entrants will be stored at the office of the Promoter. A request to access, update, opt out or correct any information should be directed to that office. Any complaints regarding the treatment of personal information should also be directed to that office and will be dealt with by the Promoter in accordance with its Privacy Policy. All entries become the property of the Promoter.  Unless otherwise indicated by the Promoter, the Promoter may disclose personal information overseas.

15. The Promoter is Motion is Life Pty Ltd (ABN 72 622 383 466) trading as Bauerfeind Australia. Building A, Suite G.03, 12 Julius Ave, North Ryde, NSW 2113.