This offer is for Participants to participate in the KX3 Challenge and receive Completion Credits (Offer) and, if eligible, enter the competition to win the Major Prize (Competition) (together, the Promotion).
By purchasing a KX3 Pack, the Participant agrees to be bound by these terms and conditions (Terms).
- Account means the account via which Participants book and manage KX Pilates classes using the KX App or the Website.
- Buy Period means from 12.00am AEDT on 21 February 2023 and ending 11.59pm AEDT on 5 March 2023.
- Challenge Period means the following periods:
- 12.00am AEDT 6 March 2023 to 11.59pm AEDT 12 March 2023 (Week 1);
- 12.00am AEDT 13 March 2023 to 11.59pm AEDT 19 March 2023 (Week 2); and
- 12.00am AEDT 20 March 2023 to 11.59pm AEDT 26 March 2023 (Week 3).
- Completion Credits means 3 standard group class valued at $105.
- Draw Date means 3 April 2023.
- KX App means the mobile application known as “KX Pilates”.
- KX Pilates HQ means 27 St Edmonds Road, Prahran VIC 3181.
- KX3 Challenge means the challenge offered at a Participating Studio during the Challenge Period where either:
- if the KX3 Pack purchased by the Participant was a 9 Pack:
- attends 3 classes of the KX3 Pack at the Participating Studio in Week 1; and
- attends 3 classes of the KX3 Pack at the Participating Studio in Week 2; and
- attends 3 classes of the KX3 Pack at the Participating Studio in Week 3; or
- if the KX3 Pack purchased by the Participant was a 12 Pack:
- attends 4 classes of the KX3 Pack at the Participating Studio in Week 1; and
- attends 4 classes of the KX3 Pack at the Participating Studio in Week 2; and
- attends 4 classes of the KX3 Pack at the Participating Studio in Week 3.
- KX3 Pack means, subject to the Participating Studio where the KX3 Pack is purchased, either:
- 9 standard group classes, valued at $180 or $190 (9 Pack); or
- 12 standard group classes, valued at $210 or $230 (12 Pack).
- Major Prize means 1 year of KX Pilates classes, being 3 standard group classes per week for 52 weeks, valued between $2,736 and $2,999 depending on the Participating Studio.
- Participant means an individual who:
- is over 18 years of age at the time of the Challenge Period;
- resides in ACT, NSW, QLD, SA, TAS, VIC or WA; and
- purchased the KX3 Pack during the Buy Period.
- Participating Studio means a KX Pilates studio offering the KX3 Challenge.
- Prizes means Completion Credits or the Major Prize, or any combination of those.
- Promoter means KX Pilates Franchising Pty Ltd as Trustee for the KX Pilates Franchising Unit Trust ACN 158 620 047 & Reformer Pilates NZ Ltd 8220400
- Website means kxpilates.com
KX3 Challenge Terms
- The Offer is available to new and existing clients who are Participants and have an Account.
- The Offer is not to be used in conjunction with any other offer, unless otherwise specified.
- The Offer is not transferrable between studios and cannot be exchanged, substituted or redeemed for cash, credit, products or any other currency or exchange.
- The KX3 Challenge is only available at Participating Studios and the price for the KX3 Pack will vary at Participating Studios. The Participant must determine for themselves whether a studio is a Participating Studio and the price to purchase a KX3 Pack at a Participating Studio.
- Participants must complete the KX3 Challenge by using their KX3 Pack at the Participating Studio of purchase and within the Challenge Period. Class numbers at the Participating Studio are limited during the Challenge Period and the Participant must book prior to attending classes using their Account. Any unused classes at the end of the Challenge Period will be forfeited without reimbursement.
- Within 1 day of the end of Week 3 of the Challenge Period, the Promoter will notify the Participant if they have earned the Completion Credits.
Completion Credit Terms
- Completion Credits are only available to Participants who complete Week 1, Week 2 and Week 3 of the KX3 Challenge in accordance with these Terms.
- If the Participant has earned the Completion Credits, they will be applied to the Participant’s Account by the Participating Studio by 3 April 2023.
- To redeem Completion Credits, the Participant must:
- login to their Account via the Website or KX App;
- select the Participating Studio where the Participant purchased the KX3 Pack;
- make a purchase using the Completion Credits applied to the Account; and
- sign any required waivers and documentation provided by the Participating Studio.
- The Completion Credits can only be redeemed at the Participating Studio where the Participant purchased the KX3 Pack.
- Where the total purchase price of a transaction by a Participant exceeds the value of the Completion Credits applied to their Account, then the total amount of Completion Credits will be redeemed in a single transaction.
- Completion Credits must be used within 10 days of being available on the Participant’s Account. Any Completion Credits not used within that time will be forfeited by the Participant and removed from their Account without notice or reimbursement. No compensation will be payable if a Participant is unable to use the Completion Credits for whatever reason.
- Completion Credits cannot be sold, transferred or assigned and are not redeemable for cash or any other similar exchange including but not limited to gift vouchers, gift cards, cheques and credit notes.
- If KX Pilates becomes aware that a Participant has not complied with these Terms, that Participant will have no entitlement to the Completion Credits.
How to enter the Competition
- To enter the Competition, the entrant must:
- be a Participant;
- complete Week 1, Week 2 and Week 3 of the KX3 Challenge; and
- have consented to these Terms, (Entrant).
- An Entrant will receive 1 entry into the Competition when they complete the KX3 Challenge.
- The maximum number of entries into the Competition per Entrant is 1.
- The eligible entry of an Entrant will be automatically entered into the draw to win the Major Prize.
- Eligibility to enter the Competition by an Entrant is solely at the discretion of the Promoter.
How the Major Prize winner is selected
- The Competition is a game of chance. Skill plays no part in determining the winner of the Competition.
- The winning entry of the Competition will be selected at 12.00PM AEDT on the Draw Date at KX Pilates HQ using computerised random selection.
- There will be 1 winning entry of the Competition.
- The winning entry will receive the Major Prize (Major Prize Winner).
Notification and claiming the Major Prize
- The Major Prize Winner will be notified by email and/or phone within 2 business days of the Draw Date.
- The Promoter will take all reasonable steps to identify and notify the Major Prize Winner. If the Major Prize Winner cannot be identified or does not claim the Major Prize within 10 business days of the Draw Date, then the Major Prize Winner will forfeit the Major Prize and a new winner will be drawn and notified in accordance with paragraphs 20 to 24 of these Terms.
- The Promoter reserves the right to request the Major Prize Winner provide proof of identity, age, residency and address to claim a Major Prize. If the Major Prize Winner cannot provide suitable proof to the Promoter, the Major Prize Winner will forfeit the Major Prize in full and no substitute will be provided.
- Upon acceptance of the Major Prize, the Major Prize Winner agrees:
- their name may be published on the Promoter’s website and social media pages of KX Pilates studios, including Instagram and Facebook;
- to and sign any disclaimers or any additional agreements, deeds, waivers and/or guarantees (“Additional Agreement”) required by the Promoter or Participating Studio;
- that acceptance, redemption and/or use of the Major Prize may be conditional on entering into and complying with any Additional Agreement; and
- that the Promoter, KX Pilates Studios or its promotional partners can use their name, likeness, image and/or voice in marketing (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration in connection to this Promotion.
Major Prize Terms
- Upon acceptance of the Major Prize, all classes which comprise the Major Prize will be applied to the Account of the Major Prize Winner within 5 business days.
- The Major Prize Winner must book their first class within 6 months of the Draw Date otherwise the Major Prize will be forfeited with no entitlement to compensation or an alternative prize.
- The Major Prize will be valid for 365 days from the date on which their first class is booked on the Account.
- The total value of the Major Prize is between $2,736 and $2,999 depending on the Participating Studio.
Promotion General Terms
- The Participating Studio and Promoter will collect and use each Participants personal information to conduct the Promotion and may:
- disclose that information to third parties, suppliers, agents, contractors and other service providers for this purpose;
- use that information for promotional purposes; and
- use that information to improve products and services.
- By purchasing the KX3 Pack, the Participant consents to the use of their personal information in accordance with these Terms.
- The Promotion is in no way sponsored, endorsed, administered by or associated with Instagram and the Participant agrees;
- to provide Instagram a complete release from any claims that they now have or may have in the future which relate to or are incidental to the Promotion;
- that information the Participant provides in connection with the Promotion is provided to the Promoter and Participating Studio and not provided to Instagram or any other social network; and
- that questions, comments or complaints regarding the Promotion will be directed to the Promoter and the Participating Studio, not to Instagram or any other social network.
- The Promotion is in no way sponsored, endorsed, administered by or associated with Facebook and the Participant agrees:
- to provide Facebook a complete release from any claims that they now have or may have in the future which relate to or are incidental to the Promotion;
- that information the Participant provides in connection with the Promotion is provided to the Promoter and Participating Studio and not provided to Facebook or any other social network; and
- that questions, comments or complaints regarding the Promotion will be directed to the Promoter and the Participating Studio, not to Facebook or any other social network.
- The Prizes must be taken as offered and cannot be varied. No Prize is transferable or exchangeable, and cannot be redeemed for cash. If a winner does not take an element of any Prize at the time stipulated by the Promoter then that element of the Prize will be forfeited by the winner and cash will not be supplied for that element of the Prize.
- If the Promoter becomes aware after a Participant has won a Prize that the Participant has not complied with these Terms, that Participant will have no entitlement to the Prize, even if the Promoter has announced them as a winner. That Participant will be required to return, refund or otherwise make restitution of the Prize.
- The winner of a Prize, including the Major Prize Winner, can be disqualified after they are notified by the Promoter. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. No compensation will be payable if a winner of a Prize is unable to use any element of the Prize for whatever reason.
- The Promoter accepts no responsibility for any variation in the value of Prizes. Where a Prize is unavailable for any reason, the Promoter may substitute for that Prize another item of equal or higher value as determined by the Promoter.
- The Promoter reserves the right to vary the Terms of, or cancel, the Promotion at any time without liability to any Participant, Participating Studio, Entrant or other person, subject to applicable laws.
If for any reason any aspect of the Promotion is not capable of running as planned for any reason which is beyond the reasonable control of the Promoter, including, but not limited to, by reason of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, telephone network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter may, in its sole discretion, cancel, terminate, modify or suspend the Promotion, invalidate any affected entries and/or, if necessary, provide an alternative prizes to the same value as the Prizes.