Terms and Conditions - VivaClub Platform for Influencers Giveaway Contest/Draw Rules
Eligibility
To be eligible to enter the Contest, you must join one of our influencers' club memberships with exclusive discounts during the Contest Period. Joining an influencer's club automatically enters you into the Contest at no additional cost. Club memberships can be purchased through the authorized links on our platform.
By joining a Membership, you acknowledge that you have read these Terms & Conditions and agree to be bound by them.
All purchases of Memberships are final and cannot be refunded due to a change of mind or at the conclusion of the promotion, unless otherwise stated in the VivaClub refund policy.
The Contest is open to all residents of Australia, excluding South Australia, aged 18 or over, except employees of VivaClub, their immediate family members (parents, spouses, domestic partners, siblings, and children), or anyone residing in their household.
Existing members with an ongoing subscription will automatically be entered into the Contest. There is no limit on the number of members who may enter.
Additionally, there is no limit on the number of Participants who may enter during the Contest Period (unless otherwise stated on the platform). Each Participant may hold more than one entry in the competition.
Representations and Warranties
VivaClub warrants the following:
The prizes involved in the Contest are procured by influencers and/or VivaClub.
The purpose of this Contest is to promote influencers' brands and raise awareness of the benefits of their club memberships.
We will not sell raffle tickets or any other form of paid entry to this Contest. Entry is strictly provided as a promotion with Membership purchases and cannot be purchased separately.
The Contest may be promoted by VivaClub Pty Ltd, ABN 34643349357, on behalf of influencers using our services. If influencers choose not to use our promotional services, they will be responsible for promoting the Contest independently.
For
The Participant represents and warrants that they will not contact any affiliate, employee, sponsor, or partner of VivaClub or the influencers to manipulate the Contest results.
Disclaimers
Participants waive all rights to claim punitive, incidental, or consequential damages and any rights to have damages multiplied or otherwise increased. In no event will VivaClub, its licensees, affiliates, subsidiaries, related companies, or their respective officers, directors, employees, representatives, or agents be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential, or punitive damages arising from participation in this Contest.
VivaClub reserves the right to disqualify any Participant found to be tampering with or otherwise abusing any aspect of this Contest, as solely determined by VivaClub.
If the Contest is compromised by unauthorized human intervention, tampering, or other causes beyond VivaClub's reasonable control that corrupt or impair the administration, security, fairness, or proper operation of the Contest, VivaClub reserves the right to suspend, modify, or terminate the Contest.
Any attempt by a Participant to deliberately damage the platform or undermine the legitimate operation of this Contest is a violation of criminal and civil laws. Should such an attempt be made, VivaClub reserves the right to seek damages from any such Participant to the fullest extent permitted by law.
VivaClub assumes no responsibility for any problems or technical malfunctions of computer systems, servers, software, internet service providers, or email systems, including any entry failure due to technical problems, incomplete, late, lost, damaged, illegible, or misdirected electronic communications, or any combination thereof.
The Contest is void where prohibited or restricted by law.
Influencers Club Membership Terms and Conditions
VivaClub Pty Ltd ("VivaClub," "We," "Us," or "Our") allows influencers to create exclusive club memberships with discounts and giveaways ("Contest") for individuals ("Participants," "Members," "Entrants," "You," or "Your"). The Contest will commence at various times, and all draws will be held on the platform. Winners will be contacted immediately via phone and email.
Conditions of Entry
To be eligible to enter the Contest, Participants must join one of our influencers' club memberships, which automatically enters them into the Contest. Memberships can be accessed through advertisements, social media platforms, or by contacting us directly.
The Contest is open to all residents of Australia, excluding South Australia, aged 18 or over who enter in accordance with these terms and conditions.
By becoming a Member, Participants are automatically granted entries in every promotional draw organized by their influencer. Entries accumulate each month.
Winners will be drawn and announced live or electronically as per the advertised links. If the prize is unclaimed for longer than 90 days, a redraw will be conducted and a new winner will be announced.
Every entrant has an equal and fair chance of winning each prize, meaning that one entrant can win multiple prizes in the competition.
Additional Representations and Warranties
VivaClub warrants the following:
The prizes involved in the promotional giveaway are procured by influencers or VivaClub.
The purpose of this giveaway is to promote influencers' brands and raise awareness of the benefits of their club memberships.
VivaClub does not sell raffle tickets or any similar form of paid entry to the giveaway. Each Membership purchase includes entries to the giveaway as a complimentary promotional benefit.
Entries are exclusively provided to Members of the club as a perk of Membership.
By participating in the VivaClub giveaway, the Participant agrees to abide by these terms and conditions, not attempt to influence the results of the Contest, and not attempt to contact any affiliate, employee, sponsor, or partner of VivaClub or the influencers in an effort to manipulate the Contest.
Disclaimer
By purchasing a Membership and participating in the promotional giveaway, Participants agree to the following:
Any disputes, claims, or causes of action arising from the giveaway will be resolved individually, not as part of any class action or collective proceeding.
Any claims, judgments, or awards will be limited to the actual out-of-pocket costs incurred to enter the Contest. Under no circumstances will VivaClub be responsible for covering legal fees or other expenses.
Participants waive all rights to claim punitive, incidental, or consequential damages or any damages beyond actual out-of-pocket expenses incurred to enter the contest.
VivaClub retains the right to modify or cancel the giveaway Contest at its sole discretion, provided that the changes comply with applicable promotional laws.
Influencers are solely responsible for the delivery and condition of prizes offered in their giveaways. VivaClub is not liable for any issues related to the prize beyond what is stated in these Terms.
Membership Benefits
All VivaClub Members gain access to exclusive discounts, deals, and perks as part of their Membership. Giveaway entries are provided as a promotional benefit of this Membership and are not the primary purpose of the Membership.
VivaClub complies with all relevant laws and regulations regarding promotional contests in Australia.
Copyright
This Terms and Conditions document is the property of VivaClub. You may not copy or distribute any part of this material without prior written approval from VivaClub. Any plagiarism or misuse of this material will carry legal consequences.
Terms
Every Participant has a random, fair, and equal chance of winning. Each winner must sign a Prize Acceptance Form as reasonably required by VivaClub before receiving their prize.
Additional Protection Clauses
VivaClub reserves the right to verify the identity and eligibility of all winners before delivering any prize.
Participants are responsible for providing accurate contact information. VivaClub will not be liable for any misdirected communication or failure to deliver a prize due to incorrect contact details provided by a Participant.
Influencers are responsible for adhering to all promotional laws in their respective jurisdictions and must ensure that their giveaways comply with VivaClub's policies.
VivaClub reserves the right to suspend or terminate an influencer's ability to run giveaways on the platform if found in violation of these terms or any applicable promotional laws.
VivaClub may require influencers to provide proof of prize procurement and delivery for transparency and compliance purposes.