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Ski Boot Competition Terms and Conditions

These Terms and Conditions (Terms) govern your participation in the competition (Competition) offered by ALEXANDRIA PODIATRY PTY LIMITED (ACN 604 265 545) as trustee for The Foot Hub Unit Trust (ABN 42 850 397 360) trading as the Foot Hub (we, us, our), and form a binding contractual agreement between us, and an entrant of the Competition (Participant).

These Terms are important and should be read carefully. Any questions about these Terms must be directed to us in writing at [email protected] before entering the Competition.

Subject to any subsequent agreements the Participant may be required to enter with us, these Terms constitute the entire agreement between the Participant and us in relation to the Competition and supersedes all prior agreements, conduct, representations and understandings. The Participant confirms he/she has not entered into this agreement on the basis of any representation that is not expressly incorporated into these Terms.

  • DEFINITIONS
    • Competition Post means the Instagram post(s) made by us in relation to the Competition.
    • Prize means podiatry services and a ski boot fitting package worth $2,500.
    • Entry Requirements means:
      • the Participant subscribing to our newsletter;
      • the Participant liking the Competition Post as indicated by us on our Instagram; and
      • the Participant following us on Instagram.
    • Promotional Period means 1 June 2025 from 9:00AM to 7 July 2025 at 5:00PM.
    • Website means the site located at thefoothub.com.au.
    • Winner means the winner of the Competition.
  • ACCEPTANCE OF TERMS
    • A copy of these Terms are accessible on our Website.
    • By complying with the Entry Requirements (whether wholly or partly), the Participant agrees that it has read and understood these Terms and agrees to be bound by them and all our other policies.
    • To the extent of any inconsistency between these Terms and any other reference to the Competition online, these Terms and Conditions prevail.
  • VARIATIONS TO TERMS
    • We reserve the right to update and change these Terms from time to time.
  • ELIGIBILITY REQUIREMENTS
    • In order to be an eligible Participant, the Participant must:
      • be over 18 years of age;
      • be based in New South Wales; and
      • be an Australian Citizen or permanent resident.
    • When requested by us, the Participant is required to provide us with all requested contact details such as their residential address and phone number.
    • The Participant must provide us with his/ her legal name, when prompted by us.
  • HOW TO ENTER THE COMPETITION
    • The Competition is open for the Promotional Period, unless otherwise indicated by us.
    • Each Participant may only enter the Competition once.
    • Subject to satisfactory completion of the Entry Requirements and compliance with clause 4, we will choose a Winner at our sole discretion and notify them within a reasonable period of time.
    • Upon the notification at clause 5.3, we will arrange for the provision of the Prize with the Participant directly.
    • The Winner is required to claim the Prize within 7 days of the Winner being announced.
    • Should we unsuccessfully contact the Participant in accordance with clause 5.3, we reserve the right to rejudge other Participants and offer the Prize to an alternate Winner at our sole discretion.
  • WINNERS CONSENT TO PROMOTIONAL ACTIVITIES
    • By participating in this Competition, the Participant consents to their name and photo being published for the purpose of promoting the Competition and announcing the Winner.
  • DISQUALIFICATION
    • We will disqualify any individual who has tampered with the online entry process, any other aspect of the Competition, or, engaged in conduct which has resulted in an unfair advantage.
    • We reserve the right to rescind the provision of the Prize should we be made aware of the matters referred to at clause 7.1, or, any other breach of these Terms.
  • DISCLAIMERS
    • By entering into the Competition, the Participant agrees that:
      • if the Prize is unavailable, for whatever reason, we reserve the right to substitute the Prize for a prize of equal or greater value, subject to State and Territory legislation;
      • we reserve the right to conduct a redraw in the event that a Participant, claiming to be a winner or qualifier, is unable to satisfy these Terms or has breached these Terms;
      • our decisions in relation to any aspect of the Competition is subject to State and Territory legislation but also final and binding on each person who enters; and
      • nothing in these Terms limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Australian Consumer Law, as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 (Cth) or similar consumer protection laws in the State and Territories of Australia (Non-Excludable Guarantees).
  • COPYRIGHT AND TRADE MARK NOTICES
    • All material provided by us during the provision of the Competition, including (but not limited to) social media posts and emails (Our Content), is our intellectual property and subject to copyright. The Participant must obtain our prior written permission if the Participant would like to copy or reproduce our Content. Modification of our Content is a violation of our copyright and other proprietary rights and is strictly prohibited.
    • The Participant acknowledges that he or she does not acquire any ownership rights by using our Content.
    • The trade marks, logos, and service marks displayed on our Content to denote our brand are either our registered or unregistered trade marks (our Marks). Our Marks, whether registered or unregistered, may not be used in connection with any product or service that does not belong to us, in any manner that is likely to cause confusion with customers, or in any manner that disparages us.
    • Nothing contained in our Content should be construed as granting, by implication, estoppel or otherwise, any license or right to use any our Marks without our express written permission.
    • The Participant agrees that damages may be an inadequate remedy to a breach of these Terms and acknowledge that we will be entitled to seek injunctive relief if such steps are necessary to prevent violations of our intellectual property rights.
    • This clause survives the termination of these Terms.
  • LIABILITY IS LIMITED
    • Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, we, our respective officers, employees and agents are not responsible for and exclude all liability 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 Participant’s participation in the Competition;
  • any technical difficulties in relation to the Competition;
  • any third party interference;
  • any variation in Prize value to that stated in these Terms; and
  • use of the Prize.
    • We, our respective officers, employees and agents exclude all liability for any loss (including, without limitation, indirect, special or consequential loss or loss of profits or opportunity), expense, damage, personal injury or death which is suffered or sustained in connection with Competition including taking or using the Prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by Law), including any Non-Excludable Guarantees.

 

  • INDEMNITY
    • The Participant agrees to indemnify us and our officers, agents, partners, directors, shareholders and employees and subcontractors, against any direct losses, liabilities, costs, charges or expenses and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred by us arising out of or in connection with:
  • any breach of these Terms by the Participant; and
  • the enforcement of these Terms.
    • We are not responsible and expressly limit our liability to the extent permitted by law, which is without limitation to the Participant’s rights under the Australian Consumer Law, for damages of any kind arising out of use, reference to, or reliance or use on any information provided in relation to the Competition.
    • This clause survives the termination of this Agreement.
  • NO DISPARAGEMENT
    • At all times, the Participant must not make any public or private statement or comment, whether oral or in writing, which in our reasonable opinion is adverse to the interest, reputation or commercial standing of, or, is in any respect a disparaging remark or representation about us and/or any of our services nor any statement that is false and does or has the tendency to damage our reputation by any method including but not limited to any social media platform or review website anywhere in the world.
    • Should the Participant breach this clause, the Participant hereby indemnifies us in accordance with clause 11 above.
  • FORCE MAJEURE
    • We will not be in breach of these Terms or liable to the Participant for any Loss as a direct result of our failing or being prevented, hindered or delayed in the performance of our obligations under these Terms where such prevention, hindrance or delay results from a Force Majeure Event.
    • If a Force Majeure Event occurs, we will notify the Participant in writing as soon as practicable and that notice must state the particulars of the Force Majeure Event and the anticipated delay.
    • On providing the notice in the above clause, we will have the time for performance of the affected obligations extended for a period equivalent to the period during which performance has been delayed, hindered or prevented, however, we will continue to use all reasonable endeavours to perform those obligations.
    • The performance of the affected obligations will be resumed as soon as practicable after such Force Majeure Event is removed or has ceased.
    • References to a Force Majeure Event in this clause means: events, circumstances or causes beyond a party’s reasonable control including (but not limited to):
  • strikes, lock-outs or other industrial action;
  • civil commotion, riot, invasion, cyber-attack, service attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • fire, explosion, storm, flood, earthquake, subsidence or other natural disaster;
  • epidemic, pandemic, health emergencies, disease;
  • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • interruption or failure of utility services (including the inability to use public, private telecommunications networks, servers or third party hosting platforms); and
  • the acts, decrees, legislation, regulations or restrictions of any Government Agency;

however does not include a lack of funds.

  • References to Loss in this clause means: any loss, liability, cost, charge, expense, Tax, Duty or damage of any nature whatsoever, including special, incidental, or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).
  • SEVERABILITY
    • If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
  • NO ASSIGNMENT
    • The Participant cannot transfer or assign his/ her rights in accordance with these Terms, including any membership or registration with us, without our prior written consent.
    • We may assign or transfer our rights and obligations under these Terms at any time, upon prior written notice to the Participant of at least 4 calendar weeks.
  • SUB-CONTRACTING
    • We are free to sub-contract any of our obligations under these Terms, but such sub-contracting will not release us from our liabilities under these Terms.
  • BINDING ON SUCCESSORS
    • These Terms shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
  • DISPUTE RESOLUTION
    • If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause.
    • Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
    • In the case of claims against us, all notices are to be provided to [email protected].
    • If the dispute is not resolved by agreement within 10 business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further 10 business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.
    • Once a mediator is appointed, the parties agree that:
      • The costs of the mediator shall be borne equally between the disputing parties.
      • The chosen mediator shall determine the procedures for mediation.
      • The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.
    • If the parties have not mediated a resolution of the dispute within 10 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.
    • Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.
    • Despite the existence of a dispute the parties must continue to comply with their obligations under the Terms
    • This clause survives termination of these Terms.
  • APPLICABLE LAW
    • These Terms shall be construed in accordance with and governed by the laws of New South Wales, Australia. The Participant consents to the exclusive jurisdiction of the courts in New South Wales, Australia to determine any matter or dispute which arises in relation to these Terms.

© Progressive Legal Pty Ltd – All legal rights reserved (2025). These Terms were last updated in May 2025.

 

 

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