KX3
- This offer is for clients to purchase 9 standard group classes, valued at $180 (KX 3 Pack), participate in the KX3 Challenge and, if eligible, enter the competition to win the Major Prize (Competition) (together, the Promotion).
- By purchasing the KX3 Pack, You agree to the following terms and conditions (Terms).
- Subject to the Terms, You may be eligible to enter the Competition.
- Subject to applicable laws, these Terms may be varied, updated or terminated at any time. The Competition is authorised by Permit No ACT TP 22/00625.
- Definitions
- Account means the OneFitStop account of a Participant via which they book and manage KX Pilates classes at the Participating Studio.
- Buy Period means from 12.00am AEDT on 10 May 2022 and ending 11.59pm AEDT on 22 May 2022.
- Challenge Period means the following periods:
-
- 12.00am AEDT on 23 May 2022 to 11.59pm AEDT on 29 May 2022 (Week 1);
- 12.00am AEDT on 30 May 2022 to 11.59pm AEDT on 5 June 2022 (Week 2); and
- 12.00am AEDT on 6 June 2022 to 11.59pm AEDT on 12 June 2022 (Week 3).
- Class Credit means 1 standard group class valued at $30.
- Draw Date means 15 June 2022.
- KX Pilates HQ means 27 St Edmonds Road, Prahran VIC 3181.
- KX3 Challenge means the challenge offered at a Participating Studio where a Participant:
-
- attends 3 classes of the KX3 Pack at the Participating Studio in Week 1 (Tier 1);
- achieves Tier 1 and attends 3 classes of the KX3 Pack at the Participating Studio in Week 2 (Tier 2); and
- achieves Tier 2 and attends 3 classes of the KX3 Pack at the Participating Studio in Week 3 (Tier 3).
-
- KX3 Pack means 9 standard group classes, valued at $180.
- Major Prize means 1 year of KX Pilates classes, being 156 classes valued at $3,295.
- Participant or You 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 & WA; and
- purchased the KX3 Pack during the Buy Period.
-
- Participating Studio means a KX Pilates studio offering the KX3 Challenge.
- Prizes means Class 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.
- KX3 Challenge Terms
-
- The KX3 Challenge 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.
- Offer is not transferrable between studios and cannot be exchanged or redeemed for cash, credit or products.
- The KX3 Challenge is only available at Participating Studios and the Participant must determine for themselves whether a studio is a Participating Studio.
- Class numbers at the Participating Studio are limited during the Challenge Period and the Participant must book prior to attending classes using the Account.
- The KX3 Pack must be used at the Participating Studio where it was purchased and is valid only for the Challenge Period.
- Within 1 day of the end of Week 1 of the Challenge Period, the Promoter will email the Participant either:
- that the Participant has achieved Tier 1, has earned Class Credits and may participate in Tier 2 of the KX3 Challenge; or
- that the Participant has not achieved Tier 1 and will not be eligible to receive Class Credits for the remainder of the Challenge Period.
-
- Within 1 day of the end of Week 2 of the Challenge Period, the Promoter will email the Participant either:
- that the Participant has achieved Tier 2, has earned Class Credits and may participate in Tier 3 of the KX3 Challenge; or
- that the Participant has not achieved Tier 2 and will not be eligible to receive Class Credits for the remainder of the Challenge Period.
- Within 1 day of the end of Week 2 of the Challenge Period, the Promoter will email the Participant either:
-
- Within 1 day of the end of Week 3 of the Challenge Period, the Promoter will email the Participant either:
- that the Participant has achieved Tier 3 and earned 3 Class Credits; or
- that the Participant has achieved Tier 2 and earned 2 Class Credits; or
- that the Participant has achieved Tier 1 and earned 1 Class Credit.
- Within 1 day of the end of Week 3 of the Challenge Period, the Promoter will email the Participant either:
-
- For the avoidance of doubt, a Participant will not lose their right to attend classes purchased in the KX3 Pack if they do not achieve a Tier during the KX3 Challenge.
- Class Credit Terms
-
- A Class Credit is only available to Participants who participate in the KX3 Challenge.
- A Participant will earn a Class Credit during the Challenge Period as follows:
- 1 Class Credit where Tier 1 is achieved; and
- 1 Class Credit where Tier 2 is achieved; and
- 1 Class Credit where Tier 3 is achieved.
- The maximum number of Class Credits a Participant can earn is 3.
- The sum of Class Credits earned by a Participant during the Challenge Period will be applied to an Account by the Participating Studio by 21 June 2022.
- To redeem any Class Credits, the Participant must:
- login to their Account via the KX Pilates website or app;
- select the Participating Studio where the Participant purchased the KX3 Pack;
- book a class at the Participating Studio using the Class Credits applied to the Account; and
- sign any required waivers and documentation provided by the Participating Studio.
- A Class Credit 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 Class Credits applied to their Account, then the total amount of Class Credits will be redeemed in a single transaction.
- Class Credits must be used within 7 days of the Participant booking a class on their Account. Any Class Credits not used within that time will be forfeited by the Participant and removed from their Account without notice or reimbursement. Class 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.
- How to enter the Competition
- To enter the Competition, the entrant must:
- be a Participant;
- achieve Tier 1, Tier 2 or Tier 3 of the KX3 Challenge; and
- have consented to these Terms,
- To enter the Competition, the entrant must:
- (Entrant).
-
- An Entrant will receive:
- 1 entry into the Competition when they achieve Tier 1;
- 1 entry into the Competition when they achieve Tier 2; and
- 1 entry into the Competition when they achieve Tier 3.
- An Entrant will receive:
-
- The maximum number of entries into the Competition per Entrant is 3.
-
- All eligible entries of an Entrant will be automatically entered into the draw to win the Major Prize.
-
- The eligibility of entries into 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 18 to 22 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.
- Upon acceptance of the Major Prize, the Major Prize Winner agrees:
- 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 $3,295.
- 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;
- use that information to improve products and services.
-
- By purchasing the KX3 Pack, You consent to the use of your personal information in accordance with these Terms.
-
- The Promotion is in no way sponsored, endorsed, administered by or associated with Instagram and You agree:
-
- 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 You provide 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 You agree:
-
- 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 You provide 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 total value of the Prizes is up to $3,363.
-
- 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.