STEPTEMBER CHALLENGE TERMS AND CONDITIONS
[Nu Skin Enterprises Australia] (“Nu Skin”, “we” or “us”) will be running the “STEPtember Challenge” (“Challenge”) starting from 9am AEST Thursday, 1st of September 2022 until 11:59pm AEST Friday 30th of September 2022 (“Challenge Period”).
For the purposes of these Terms and Conditions, “Company” refers to Nu Skin International Inc. and its affiliates. These terms and conditions are to be read together with your Brand Affiliate Agreement and International Sponsor Agreement and the Resident Market Product Purchase Agreement (“BA Agreement”), Nu Skin Policies & Procedures (“Policies and Procedures”) and the Nu Skin Sales Performance Plan (“also known as ‘Velocity”) (collectively referred to as “Agreements”).
The following sets out the terms and conditions of the Challenge.
You acknowledge and agree that your participation in this Challenge constitutes your full and unconditional agreement to and acceptance of these Terms and Conditions. You may withdraw from this Challenge by notifying us in writing at any time.
ELIGIBILITY
1. This Challenge is open to all Brand Affiliates from within the Pacific Region (Australia, New Zealand, French Polynesia and New Caledonia) (“Eligible Participant”, “you” or “your”). Employees of the Company, its affiliated companies and their immediate family members are not eligible to participate in this Challenge
MECHANICS
2. To participate in this Challenge, you must sign up under the Nu Skin’s organisation ie Nu Skin Pacific on the STEPtember website.
3. The top two (2) individuals and the top two (2) Teams that achieve either of the following requirements will be selected as the Winners of the Challenge on 5th October 2022:-
Category
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Requirement
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Prize
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Number of Prizes allocated
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1
|
Individual who raises the highest amount of funds OR completes the most steps within the Challenge Period.
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1x NS product voucher worth AU$250
|
2 Prizes only
|
2
|
Team who raises the highest amount of funds OR completes the most steps within the Challenge Period.
|
1x Pharmanex Favourites Pack
|
2 Prizes only
|
4. For the avoidance of doubt, each Brand Affiliate account is only entitled to win one (1) Prize under this Challenge.
5. You will be notified by Nu Skin via email or by social media postings on or before 10th October 2022 if you are the winner of the Challenge (“Notification”). You are responsible to remain contactable to be notified on your eligibility for the Prizes.
GENERAL TERMS AND CONDITIONS
6. By participating in this Challenge, you consent to the following:-
(a) To all the Terms and Conditions of STEPtember including disclosing your personal data to STEPtember and agreeing to its privacy policy (if any); and
(b) To the Company’s collection, use and disclosure of your personal data with us, including your name, email address, and photographs, for the purposes of administering and promoting this Challenge. Such purposes include the advertising, marketing, and promotion of this Challenge to the public and the distribution of the Prizes.
7. It shall be in Nu Skin’s absolute discretion and unfettered right to do all things it deems fit in respect of this Challenge, including but not limited to the determination and/or performance of the following:
(a) Determine the qualification of the Eligible Participants to participate in this Challenge;
(b) Change, amend or vary the Prizes, Challenge rules or these Terms and Conditions in any way which Nu Skin deems fit, without notice or reference to you;
(c) Disqualifying you from taking part in the Challenge or forfeiting the Prizes for any reasons whatsoever; and
(d) Terminating or suspending this Challenge at Nu Skin’s sole and absolute discretion, without any prior notice or reference to you. Such termination or suspension shall not entitle you to any claim or compensation against Nu Skin or our related entities for any and all loss or damage suffered or incurred as a direct or indirect result of the act of termination or suspension.
8. By participating in this Challenge the Eligible Participants also agree to access Nu Skin’s website at www.nuskin.com at regular time intervals to view the terms and conditions herein and ensure to be kept up-to-date on any changes or variations to the terms and conditions.
7. You must be in good standing in order to participate in this Challenge. Moreover, if you violate any terms and conditions of the Agreements, or these Terms and Conditions, you may be deemed ineligible. Moreover, the Company may, at its absolute discretion, withhold all or any benefits of this Challenge, take any actions provided under the Brand Affiliate Agreement, and seek to recover any expenditures or other costs associated with the Challenge, or any other costs incurred by the Company as a result of your violation, including recouping such sales compensation paid and withholding future sales compensation.
8. Nu Skin’s decision on all matters relating to or in connection with this Challenge including selection of Winners shall be final, conclusive and binding on all Brand Affiliates and Eligible Participants and no further enquiries, correspondence and/or appeal, in written or verbal to dispute Nu Skin’s decision shall be entertained.
9. In respect of the Prizes, Participants agree that:
(a) The Prizes are non-transferable and non-redeemable for cash;
(b) Participants are personally and solely responsible for any expenses or taxes incurred or which may be incidental to receiving and winning the Prizes;
(c) The Prizes do not carry Sales Volume, Personal Sales Volume and/or Commissionable Sales Volume and no such Sales Volume, Personal Sales Volume and/or Commissionable Sales Volume will be accorded to Participants upon his/her receipt of the Prizes; and
(d) Nu Skin has the absolute discretion to replace, change or substitute the Prizes with other items of equivalent value without prior notice or reference to Participants.
10. Eligibility for Prizes under this Challenge is based on meeting the requirements of this Challenge and all requirements of the Agreements.
11. As far as permitted by applicable law, Participants accepts that he/she participates in this Challenge at his/her own risk. Nu Skin shall not, be responsible for any injury, loss or damage suffered as a result of or in connection with this Challenge and/or usage and/or refund of the purchases however arising, including but not limited to, fulfilment of the refund, or any breakdown or malfunction of any computer system or equipment
12. In the event of any dispute in respect of this Challenge, Nu Skin’s decision shall be final, conclusive, and binding, and Nu Skin is not bound to give any reasons for its determination in relation to any matters relating to or in connection with this Challenge.
13. The terms of this Challenge incorporate the relevant terms and conditions of the Brand Affiliate Agreement, the Policies and Procedures, and the Velocity Sales Performance Plan, and shall be construed in accordance with and to give effect to the spirit and intent of the same. Accordingly, this Challenge adopts the same governing law and dispute resolution provisions set out in the Brand Affiliate Agreement.
14. Should any part of these Terms and Conditions be void or unenforceable for any reason, the void or unenforceable term and condition, or any part thereof, shall be severed and deleted. The rest of these rules or terms and conditions shall not be affected and shall continue in full force and effect as if the void or unenforceable term and condition, or any part thereof, had never been contained herein.