Welcome to Banana Gym Pass

For the purposes of the National Banana Day 2024 Promotion:

1. Participation in this Promotion is deemed acceptance of these Terms and Conditions. Offer not valid in conjunction with any other offer.
2. Claims (defined below) are only open to Australian residents who are not current members of a participating Fitness & Lifestyle Group or Viva Leisure Group gym (Claimant).
3. Claimants under 18 years old must have parental/guardian approval to Claim. The parent/guardian of the Claimant must read and consent to these Terms and Conditions. Parents/guardians may be required to enter into a further agreement as evidence of consent to the minor submitting a Claim in this promotion.
4. The Promotion commences on 16/10/2024 and ends COB (staffed hours) on 16/10/2024 ("Promotional Period"). For more information on when the promotion ends, see staff at an Eligible Location (defined below).
5. To be eligible to Claim, individuals must visit any Fitness & Lifestyle Group or Viva Leisure Group gym nationally ("Eligible Location"") and present a real banana to staff at the reception desk during the Promotional Period (the Claim). The individual will then receive one (1) free day trial at that Eligible Location. For a list of Eligible Locations, visit www.bananagympass.com.
6. The decision of a Service Provider to allow entry based on the eligibility criteria above is final, and no correspondence will be entered into.
7. Every valid Claim received will be awarded one (1) free day trial at the Eligible Location they presented their banana at (the Free Trial). The Free Trial must be taken at the same Eligible Location and on the same day, subject to the Eligible Location’s staffed hours, that they presented the banana and must be taken during the Eligible Location’s staffed hours. Claimants can only claim one Free Trial in the Promotional Period.
8. The Free Trial is subject to the standard terms and conditions and policies of the relevant Service Provider (defined below). As a condition of claiming a Free Trial, the Claimant may be required to sign a liability waiver form or any other relevant paperwork at the Eligible Location. In the event a Claimant is under the age of 18, a nominated parent/legal guardian of such Claimant will be required to sign the liability waiver or other documentation required under this clause on their behalf.
9. If a Claimant is under the age of 18 years, they must be accompanied by someone aged 18 or over during their Free Trial and may be required to comply with other conditions as stipulated by the Service Provider.
10. If for any reason a Claimant does not redeem the Free Trial during the Promotional Period, then the Free Trial will be forfeited.
11. If the Free Trial is unavailable, the Service Provider, in their discretion, reserves the right to substitute the Free Trial with a reward to the equal value and/or specification.
12. The Free Trial is not transferable or exchangeable and cannot be taken as cash.
13. Claimants consent to the Service Provider or the Promoter using their name, likeness, image and/or voice in the event they are a successful Claimant (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter or the Service Provider.
14. 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, gym closure, unauthorised intervention or fraud, the Promoter reserve the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any Claimant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
15. 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, or similar consumer protection laws in the States 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) 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.
16. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and 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 personal injury relating to participation in the Free Trial); (b) any theft, unauthorized access or third party interference; (c) any 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 reward value to that stated in these Terms and Conditions; or (e) use of the Free Trial.
17. Claimants acknowledge and agree that the Promotor’s role is limited to organising, advertising and marketing the Promotion. Any liability or claim relating to participating in the Free Trial (including but not limited to personal injury, loss, or damage) at an Eligible Location is the responsibility of the Service Provider, subject to their respective terms and conditions (refer paragraph 8 above) and any applicable law.
18. The Promoter and Service Providers collect personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter and Service Providers will also use and handle PI as set out in their Privacy Policies, which can be viewed at [https://www.horticulture.com.au/privacy-policy/] for Horticulture Innovation Australia Limited, [https://www.clublime.com.au/default/includes/display_objects/custom/images/legalstuff/Privary%20Policy%20(30-Jun-21).pdf] for Viva Leisure Memberships Pty Ltd and [https://www.fitlg.com/privacy-policy] for FITNESS AND LIFESTYLE GROUP BIDCO PTY LTD. In addition to any use that may be outlined in the Promoter’s and Service Providers’ Privacy Policies, the Promoter and Service Providers may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Claimant. The Privacy Policies also contains information about how Claimants may opt out, access, update or correct their PI, how Claimants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. Unless otherwise indicated by the Promoter and Service Providers, the Promoter and Service Providers may disclose PI to entities outside of Australia (for a list of the countries, see the Promoter’s and Service Providers’ Privacy Policies), and cannot guarantee that any overseas recipient will not breach the Australian Privacy Principles. By entering the promotion Claimants consent to the overseas transfer on these terms as permitted by the Australian Privacy Principles and agree that the Promoter and Service Providers are not liable in this regard.
19. The Promoter is Horticulture Innovation Australia Limited (ABN 71 602 100 149) of Level 7, 141 Walker Street, North Sydney NSW 2086.
20. The Service Providers are Viva Leisure Memberships Pty Ltd (ABN 13 618 752 819) of DKSN 2.0 North Building, Level 3/23 Challis Street, Dickson, ACT, 2062, and FITNESS AND LIFESTYLE GROUP BIDCO PTY LTD (ABN 88 613 738 408) of 176 Montague Rd, South Brisbane, QLD 4101.

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