‘ZEST FOR LIFE' AWARDS

TERMS AND CONDITIONS

• 1. ‘Zest for Life' Awards is a promotion of Zest Health Clubs Limited ABN 79 097 760 205 (the Promoter) of 225 Sinnamon Road, Jindalee QLD 4074.
• 2. Information on how to enter and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.  
• 3. Entry is open to people who reside in West Australia. Nominees of entrants must also be located in West Australia. Employees (and their immediate families) of the Promoter, and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1^st cousin.
• 4. To enter, the entrant must, during the promotional period, provide the entrant's full name, closest Zest Health Club, phone number and home address, the person who they wish to nominate and their explanation as to why the entrant believes their nominee radiates a ‘Zest for Life' and how they have made a difference within the community, in 200 words or less, must be sent to either zestforlife@zesthealthclubs.com.au or mailed to Kristyn Jukes, Daemon 2iC, 120 Gloucester Street, The Rocks NSW 2000. Alternatively, your entry can be placed within a ‘Zest for Life' Awards promotional box which can be found at your closest Zest Health Club.  
• 5. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant's identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
• 6. Incomplete, indecipherable, or illegible entries will be deemed invalid.  
• 7. Multiple entries permitted, subject to the following: (a) each entry must be substantially unique; and (b) each entry must be submitted separately and (c) in accordance with entry requirements.
• 8. Promotion commences on Sunday, 1 June 2008. Entries close Monday, 30 June 2008 at 5pm (EAST).
• 9. The judges reserve the right to select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant.  
• 10. Winners will be notified by telephone by Monday, 14 July 2008.  
• 11. This is a game of skill and chance plays no part in determining the winner. Each entry will be individually judged based on the merit of the achievements of the nominee of the entrant in the local community. The Promoter's decision is final and no correspondence will be entered into.
• 12. The overall Western Australian winner and their nominator will win a 12 month membership at Zest Health Clubs (standard terms and conditions of Zest Health Clubs membership apply). The overall winner will also win a cash donation of $5,000 to a community group or charity of the winner's choice!
• 13. If the winner and/or their nominator are current Zest members, their 12 month membership prize will be validfrom the dayfollowing their current membership expiry date.
• 14. If the recipient of any prize is under the age of 18 years, the prize will be awarded to the recipient's nominated parent or guardian.  
• 15. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.   
• 16. All entries submitted become the property of the Promoter. Entries will not be returned to any entrant. As a condition of entering into this promotion, each entrant licences the Promoter to use their entry in any media for an unlimited period for any reason including but not limited to future promotional, marketing or publicity purposes. The person who was nominated for the winning entry and the nominator are also required to partake in any secured media interviews following the promotion. Each entrant warrants to the Promoter that each entry submitted is an original literary work of the entrant that does not infringe the rights of any third party. The entrant warrants that they have obtained the permission of each person that they nominate to submit them in the competition. The entrant agrees to indemnify the Promoter against all costs and claims by third parties arising from a breach of this warranty. Entrants consent to any use of their entry which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth).   
• 17. Prize recipients consent to the Promoter to utilise them, their name(s), likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this competition (including any outcome), and promoting any services or products manufactured, distributed and/or supplied by the Promoter.  
• 18. 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, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.  
• 19. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
• 20. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) 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 the Promotion, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter's control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize 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 prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize.
• 21. As a condition of accepting the prize the winning entrant (and their winning nominee) must sign any legal documentation as and in the form required by the Promoter in their absolute discretion including but not limited to a legal release and indemnity form.   
• 22. The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including, but not limited to, prize suppliers. Entry is conditional on providing this information. The Promoter may, for an indefinite period unless otherwise advised, use the entrants information for promotional, marketing and publicity purposes including sending electronic messages or telephoning the entrant. Nominees' personal information will only be used for the purpose of conducting the promotion, unless specified otherwise. Nominees and Entrants should direct any request to access, update or correct information to the Promoter. All entries become the property of the Promoter.