Win 1 of 2 Ultimate P.E Nation Prize Packs

1. Contest Period. The P.E. Nation October 2021 Contest (the “Contest”) will begin at
09:00:00 a.m. Australian Eastern Daylight Savings Time (“AEDST”) on October 22,
2021/06:00:00 p.m. Eastern Daylight Savings Time (“EDT”) on October 21, 2021 and will end at
11:59:59 p.m. AEDST on November 19, 2021/7:59:59 a.m. Eastern Standard Time (“EST”) on
November 19, 2021 (the “Contest Period”). P.E. Nation’s (the “Sponsor”) computer is the official
timekeeping device for the Contest.
By participating in the Contest, entrants represents that they have reviewed, accepted and agreed
to be bound by the Official Rules, and accept the decisions of the Sponsor as final and binding in
all respects. Winning a prize is contingent upon entrant fulfilling all requirements set forth in
these Official Rules. This Contest is in no way sponsored, endorsed or administered by, or
associated with Instagram or Facebook, FCA US LLC or Stellantis. You understand that you are
providing your information to the Sponsor and not to Instagram or Facebook.
2. Sponsor. The Contest is sponsored by:
P.E. Nation
37 Doody Street
Alexandria NSW 2015
Australia
ABN 20 353 697 549
Email Address: info@pe-nation.com
3. Eligibility. Open only to legal residents of Australia, New Zealand and the 50 United
States and the District of Columbia who are 18 years of age (or the age of majority in your state
of residence if greater than 18) or older at the time of entry. Employees, officers and directors of
Sponsor, Sponsor’s parents, subsidiaries, affiliates, distributors, retailers, sales representatives,
advertising and promotion agencies, as well as the household members (whether or not related)
and immediate family members (parents, step-parents, legal guardians, children, step-children,
siblings, or spouses) of each are ineligible to enter the Contest or win a prize. This Contest is
subject to all applicable federal, state, territorial and local laws and regulations. VOID WHERE
PROHIBITED OR RESTRICTED BY LAW.
4. How to Enter. To enter the Contest, visit www.pe-nation.com (Australia and New
Zealand residents only) or www.us.pe-nation.com (U.S. residents only) (individually and each,
“Website”)and follow the instructions to complete and submit an entry form (the “Entry Form”)
during the Contest Period by providing, among other things, your first name, last name, email,
country of residence, mobile phone number, date of birth, interest in womenswear, menswear or
both and your answer to the question in 25 words or less: “What does #JointheNation mean to
you?” (the “Submission”), as well as checking the box provided that you have reviewed and agree
with these Official Rules including Sponsor’s Privacy Policy. Upon your submission of a
completed Entry Form, you will receive one (1) entry into the Contest (the “Initial Entry”).
You can receive one (1) bonus entry (each, a “Bonus Entry”) for each of our brand partners that
you follow on Instagram. To get a Bonus Entry, first, follow one (1) of our brand partners on
Instagram, then go the applicable Website and follow the on-screen instructions to select which
brand partner you are following, provide your Instagram username (in the form of @XXXX) and
provide your Submission in the form of an answer to the question posed for each brand partner.
Your Submission for each Bonus Entry must be unique from your Initial Entry and from each
Bonus Entry. You may receive one (1) Bonus Entry for each brand partner you follow on
Instagram for a maximum of four (4) Bonus Entries per person.
To receive a Bonus Entry, you will first need to become a registered user of www.Instagram.com
(“Instagram”) or log into your Instagram account. If you do not have an account, go to
www.Instagram.com to create one. Instagram accounts are free. By submitting your information
and creating an Instagram account, you agree to Instagram’s Terms of Use and Privacy Notice. If
you do not agree to such Terms of Use and Privacy Notice, you cannot create an Instagram
account, or receive a Bonus Entry. Additionally, your account must be set to public.
LIMIT ONE (1) INITIAL ENTRY AND FOUR (4) BONUS ENTRIES PER PERSON.
Proof of submitting an entry does not constitute proof of receipt by Sponsor. By entering the
Contest and/or submitting any Submission, you hereby grant to Sponsor, successors and assigns
a worldwide, non-exclusive, perpetual, irrevocable, transferable, fully paid-up, royalty-free right
and license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly perform,
publish, create a derivative work from, and publicly display the Submission, or any portion
thereof, in any media now known or later developed and for any purpose (collectively, the
“Rights”). Entrants agree that Sponsor does not have any obligation to provide any
compensation or attribution to entrants for their Submission or the licenses granted herein.
Entrants further certify that they have all rights and licenses necessary to grant to Sponsor the
Rights granted in the Submissions. Entries will not be returned to the entrant or acknowledged.
Entries submitted by script, macro or other automated or mechanical means, entries by any
means which subvert the entry process, entries mechanically reproduced, and entries made in any
fashion other than as specified herein are void and will be disqualified. Entry must be made by
the entrant. Any attempt by entrant to obtain more than one (1) Initial Entry and four (4) Bonus
Entries by using multiple/different email addresses, identities, registrations, or any other
methods, including, but not limited to, commercial contest/sweepstakes subscription notification
and/or entering services, will void entrant’s entries and that entrant may be disqualified. In the
event of a dispute, entries will be declared made by the authorized account holder of the email
address submitted at time of entry. “Authorized account holder” is defined as the natural person
who is assigned to an email address by an Internet access provider, online service provider, or
other organization (e.g. business, educational institution, etc.) that is responsible for assigning
email addresses for the domain associated with the submitted email address.
5. Submission Guidelines. Submissions must be in English, in twenty-five (25) words or
less, the original work of the entrant, not have been previously published, not have won previous
awards, not be offensive, inappropriate, obscene, indecent, contain hate speech or anything that is
illegal, as determined by Sponsor or the judges in their sole discretion, and not infringe upon the
copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of
any person or entity. Sponsor reserves the right to disqualify any Submission by an entrant that it
determines, in its sole discretion, is offensive, inappropriate, obscene, indecent, contain hate
speech or anything that is illegal, not in keeping with Sponsor’s image or that is otherwise not in
compliance with these Official Rules.
6. Judging and Winner Selection. All eligible Submissions will be judged by an
independent panel of judges on the following criteri innovativeness, creativity, and the practical
merits of entrant’s answer to the question “What does #JointheNation mean to you?” (collectively,
the “Criteria”). Each of the criteria will be given equal consideration. Each Submission may be
awarded a total of fifty (50) points, and the Submission receiving the highest score from the judges
shall be deemed the winner. In the event of a tie, an additional independent judge will determine
the winner from among the tied Submissions based on the Criteria. ALL DECISIONS OF THE
JUDGES ARE FINAL.
In the event of a dispute concerning the identity of any potential winner, the potential winner’s
entry will be deemed submitted by the natural person who is the authorized holder of the email
account provided at the time of entry as long as such person is otherwise eligible in accordance
with these Official Rules. Potential winner may be required to provide Sponsor with proof that
you are such authorized holder of the email account provided in connection with your entry into
the Contest.
7. Prizes.
There are two (2) Grand Prizes are available. Each Grand Prize consists of a) a NordicTrack
treadmill with an approximate retail value (“ARV”) of AUD$4,999/USD$2,499; b)
AUD$5,000/USD$5,000 in P.E. Nation vouchers; c) an AUD$1,000/USD$1,000 Asics trainer
voucher; c) an Apple® iPhone® 13 Pro Max 128GB with an ARV of AUD$1,850/USD$1,327;
and d) a pair of Beats Powerbeats Pro with an ARV of AUD$350/USD$251. The total ARV of
each Grand Prize is AUD$13,200/USD$10,078.
There are five (5) Minor Prizes are available. Each Minor Prize consists of
AUD$1,000/USD$1,000 in P.E. Nation vouchers.
The total ARV of all prizes available in this contest is AUD$31,398/USD$25,155.
Vouchers are subject to separate terms and conditions imposed by issuer. All ancillary costs
associated with redeeming the voucher, if any, are not included. Any unused balance of the
voucher will not be awarded as cash. Limit one (1) prize per person.
Prizes are awarded “AS IS” with no warranty or guarantee, either express or implied by Sponsor,
to the extent permitted by law. Prizes are subject to the terms and conditions of the issuer, and
Sponsor will not replace any lost or stolen prize. The P.E. Nation gift voucher, which is subject
to Sponsor’s terms and conditions, must be used within twelve (12) months of the date of
issuance. Except where prohibited by law, winner is solely responsible for all expenses not
specifically included herein and all federal, state, territorial, and/or local taxes, and fees in
connection with the Prize. Winner will be required to provide his/her Social Security number or
tax ID number for tax reporting purposes if the winner is a U.S. resident. Prize is nontransferable, and no substitution by winner or cash equivalent is allowed. Sponsor reserves the
right, at its sole discretion, to substitute a prize (or portion thereof) with one of equal or greater
value. Failure to comply with the Official Rules will result in forfeiture of the Prize. If for any
reason the winner does not take a prize (or an element of the prize) at the time stipulated by the
Sponsor, then the prize (or that element of the prize) will be forfeited and will not be redeemable
for cash and the entrant with the Submission having the next highest score may be named the
potential winner at Sponsor’s sole discretion.
‘iPhone’ is a trademark of Apple Inc. Apple Inc. is not a participant in or sponsor of this Contest.
8. Winner Notification. Winner is subject to verification. The potential prize winner will
be notified by phone or by email at the phone number or email address supplied on the Entry Form
on or about December 17, 2021 (the “Notification Date”). Within two (2) calendar days of the
Notification Date, the potential winner will be required to execute and return to Sponsor an
Affidavit of Eligibility and Release (“Affidavit”) to claim the prize. If the potential prize winner
cannot be contacted, fails to execute and return the Affidavit within the required time period, or
the prize is returned as undeliverable, the prize will be forfeited and may be awarded to the entrant
whose Submission had the next highest score. Except where prohibited by law, participation in
the Contest constitutes potential winner’s consent to Sponsor’s use of winner’s name, image,
likeness, photograph, voice, and city and state of residence for promotional purposes in any media,
worldwide, irrevocably and in perpetuity without further notice, payment, or consideration to the
potential winner.
9. Privacy. The Sponsor collects personal information (“PI”) in order to conduct the Contest
and may, for this purpose, disclose such PI to third parties, including but not limited to agents,
contractors, service providers and prize suppliers. Entrant PI received shall be treated by Sponsor
in accordance with Sponsor’s privacy policy, which is located at www.pe-nation.com/privacypolicy/ (Australia and New Zealand residents only) and www.us.pe-nation.com/privacy-policy/
(U.S. residents only) and in addition to any use that may be outlined in the Sponsor’s Privacy
Policy, the Sponsor 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 entrant. The Privacy Policy also contains information about how
entrants may opt out, access, update or correct their PI. All entries become the property of the
Promoter.
10. General Conditions. Participation in the Contest constitutes entrant’s full and
unconditional agreement to these Official Rules and Sponsor’s decisions, which are made in the
Sponsor’s sole discretion and are final and binding in all matters related to the Contest. Sponsor
reserves the right to disqualify any entrant who is responsible for, tampers with, cheats, deceives,
or otherwise engages in unfair practices concerning the administration, operation or security of the
Contest or intends to annoy, abuse, threaten or harass any other entrant or Sponsor. ANY
ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR
UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A
VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE
MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH
PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor’s failure to enforce
any term of these Official Rules shall not constitute a waiver of that provision.
11. Limitation of Liability. Nothing in these Official Rules limits, excludes or modifies or
purports to limit, exclude or modify the statutory consumer guarantees as provided under the
Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under any
similar consumer protection laws in the States and Territories of Australia or the Unites States
(“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including
the Non-Excludable Guarantees, Sponsor assumes no responsibility or liability for (a) any late,
lost, damaged, misdirected, incorrect or incomplete entries; (b) any typographical errors in the
offer or administration of the Contest, including, but not limited to, errors in any Contest-related
materials, including all advertising for the Contest, these Official Rules and the distribution of a
prize; (c) incorrect or inaccurate entry information, or for any faulty or failed electronic data
transmissions; (d) any unauthorized access to, or theft, destruction or alteration of entries at any
point in the operation of this Contest; (e) any technical malfunction, failure, error, omission,
interruption, deletion, defect, delay in operation or communications line failure, regardless of
cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera,
computers or providers utilized in any aspect of the operation of the Contest; (f) inaccessibility or
unavailability of any network or wireless service, the Internet or website or any combination
thereof; (g) suspended or discontinued Internet, wireless or landline phone service; or (h) any
injury or damage to entrant’s or to any other person’s computer or mobile device which may be
related to or resulting from any attempt to participate in the Contest or download of any materials
in the Contest.
If the Contest is not capable of running as planned for any reason, which may include without
limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud,
technical failures, regularly scheduled maintenance, or any other causes which may corrupt or
affect the administration, security, fairness, integrity or proper conduct of this Contest, or any
other reason, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or
suspend the Contest in whole or in part. In such event, Sponsor shall immediately suspend the
Contest and prize award, and Sponsor reserves the right to award the prize using all known
eligible entries received as of the date of termination in a manner deemed fair and equitable by
Sponsor. Sponsor and “Released Parties” (as defined below) shall not have any further liability
to any participant in connection with the Contest. If, for any reason, there are more winners than
prizes to be awarded, the Sponsor reserves the right to award any remaining prizes through a
random drawing of all eligible winners. No more than the number of prizes listed herein will be
awarded.
12. Release. Except where prohibited, by participating in the Contest, entrants agree to release,
indemnify, defend and hold harmless Sponsor, Facebook Inc. and Instagram, Inc., their respective
subsidiaries, affiliates, distributors, sales representatives, advertising and promotion agencies, and
each of their respective parent companies and each such company’s officers, directors, employees
and agents (collectively, the “Released Parties”) from and against any claim or cause of action
arising out of your participation in the Contest or from your receipt, acceptance, use or misuse of
any Contest prize, including, but not limited to: (a) unauthorized human intervention in the Contest;
(b) technical malfunctions related to computer hardware or software, servers, Internet connectivity,
or telephone or network lines; (c) garbled, jumbled or faulty data transmissions; (d) typographical
or printing errors in any Contest-related materials; (e) errors in the administration of the Contest
or the processing of entries; (f) late, lost, delayed, intercepted or undeliverable mail or email; (g)
unauthorized human or non-human intervention of the operation of the Contest, including, without
limitation, unauthorized tampering, hacking, theft, virus, bug, worm, or destruction of any aspect
of the Contest; or (h) injury or damage to persons or property and/or death. Each entrant further
agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of
participating in the Contest, and in no event shall the Released Parties be liable for attorney’s fees.
Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive,
consequential, direct, or indirect damages (other than for actual out-of-pocket expenses) and any
and all rights to have damages multiplied or otherwise increased. Entrants hereby waive California
Civil Code Section 1542, which states: “A general release does not extend to claims that the
creditor or releasing party does not know or suspect to exist in his or her favor at the time of
executing the release and that, if known by him or her, would have materially affected his or her
settlement with the debtor or released party.”
13. Force Majeure. The failure of Sponsor to comply with any provision of these Official
Rules due to an act of God, hurricane, epidemic, pandemic, war, terrorism, fire, riot, earthquake,
actions of governmental authorities outside the control of Sponsor or other force majeure event
shall not be considered a breach of these Official Rules.
14. Governing Law / Jurisdiction. The Contest is subject to all applicable, as the case may
be, national, federal, territorial, state, and local laws of Australia and the United States of America.
To the extent permitted by law, entrants consent to the jurisdiction and venue of the courts located
in New South Wales, Australia for the resolution of any disputes, claims and causes of action
arising out of or relating to this Contest or the prize (individually, “Claim”). All Claims shall be
resolved individually, without resort to any form of class action. Any claims, judgments and/or
awards shall be limited to actual out-of-pocket costs incurred, including without limitation costs
incurred with entering this Contest. Entrant hereby waives any rights or claims to attorney’s fees,
indirect, special, punitive, incidental or consequential damages of entrant, identifiable persons, or
third party participants, whether foreseeable or not and whether based on negligence or otherwise.
15. Winner’s List. For the names of the winners, which will be available after winner
confirmation is complete, visit www.pe-nation.com (Australia and New Zealand residents only)
or www.us.pe-nation.com (U.S. residents only) or Sponsor’s Instagram page (@p.e.nation).