Throw Shimmer, not Shade program Terms & Conditions

  1. These terms and conditions apply to the Throw Shimmer, not Shade program ("Program") of SNDR Pty Ltd. (“Company”). By referring a friend, the referring customer and referred customer agrees to be bound by these terms and conditions. This program is administered by NextBee, Inc. (“NextBee”)The use of the Program is governed by NextBee’s terms and conditions in addition to the terms and conditions set forth below:
  2. Rewards for Valid Referrals

    For each "line" of unlimited service that is booked because of a referral, the referring party should get 1 point. Points have no monetary value and can only be exchanged for rewards through frankbody.com Rewards will be redeemed automatically in increments of 5, 10, 25 and the user with the highest number of points at the end of the campaign period. Rewards are subject to verification. Program Entities may withhold a Reward for investigation, or refuse to process any transaction SNDR Pty Ltd deems fraudulent, suspicious, in violation of these Terms and conditions, or believes will impose liability on SNDR Pty Ltd, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. All Program Entities’ decisions are final and binding, including decisions as to whether a Qualified Referral, Credit or Reward is valid. Credit and/or Rewards are not transferable and may not be auctioned, traded, bartered or sold. Upon termination of the Program or any portion thereof for any reason, or upon cancellation of a Referrer’s SNDR Pty Ltd account for any reason, any unredeemed Credit and/or Rewards accumulated by Referrer are forfeited.

  3. Qualified Referrals

    • The Referred Customer obtains the quote exclusively by using the Referrer’s Personal Link provided in the Referral Email. If a Referred Customer obtains a quote using any other link or method, such as by contacting the SNDR Pty Ltd call centre, the quote will not count as a Qualified Referral.
    • Only one Qualified Referral shall be earned for each Referred Customer. Any additional or subsequent quotes made by a Referred Customer at the Site will not constitute a Qualified Referral.
    • The Referred Customer must obtain the quote within 30 (thirty) days from the date of referral.
    • Quotes obtained by those not residing in a state where SNDR Pty Ltd Direct sells small business insurance or working in a profession for which SNDR Pty Ltd Direct does not provide insurance coverage, do not qualify as Qualified Referrals.
    • SNDR Pty Ltd has the right to set an annual limit, in its sole discretion, on the number of Qualified Referrals earned by a single Referring Customer.
    • Customers cannot refer themselves.
    • A quote received by a customer that already has a SNDR Pty Ltd policy shall not be a Qualified Referral.
  4. Referring Friends

    The individual who was issued a Throw Shimmer, not Shade Link by SNDR Pty Ltd will be considered to be the "Registered User" for all Qualified Referrals made using that Throw Shimmer, not Shade Link. A Registered User may share a Throw Shimmer, not Shade link to referred customers by email subject to applicable law, including, but not limited to the CAN SPAM Act. Use of spam or purchased or harvested consumer lists is prohibited and will result in immediate termination of the Registered User's referral account, the voiding of any Program drawing entries, the forfeiture of any prizes and the deactivation of Throw Shimmer, not Shade Links.

  5. Exclusions

    • All participants in any other SNDR Pty Ltd referral program relating to SNDR Pty Ltd products and services are ineligible to participate in SNDR Pty Ltd’s Throw Shimmer, not Shade program.
    • All e-Gift cards must be redeemed by the expiration date set forth on the gift certificate. The e-Gift cards expiration date will be sent to you, along with the card number and link to register the card. You shall not transfer or assign any Program awards to any third-party, and their resale is prohibited. E-gift cards may not be combined or used in conjunction with any other offer. SNDR Pty Ltd is not responsible for lost, stolen, or misused gift certificates, cards or codes. Risk of loss passes upon electronic transmission of the gift certificate to the recipient. e-Gift cards are non refundable and cannot be redeemed for cash value.
    • Users may not participate in the Referral Program where doing so would be prohibited by any applicable law or regulation.
  6. Throw Shimmer, not Shade program – Cancellation and Termination

    SNDR Pty Ltd may at any time, without prior notice, terminate or modify the Throw Shimmer, not Shade program and/or these terms and conditions. All questions or disputes regarding eligibility for this program, the eligibility of rewards, or terms and conditions of the program will be resolved by SNDR Pty Ltd in its sole discretion. SNDR Pty Ltd reserves the right to void referrals and gift certificate credits earned if it suspects that the referrals or gift certificate credits were earned in a fraudulent manner, in a manner that violates applicable law or these terms or in a manner otherwise not intended by SNDR Pty Ltd.

  7. Taxes

    e-gift cards and/or merchandise redeemed under the program are subject to applicable federal, state and/or local taxes. Payment of taxes resulting from these Rewards is the sole responsibility of the Registered User and not SNDR Pty Ltd or any of its affiliates or agents. SNDR Pty Ltd will report earnings under this program to the extent required by applicable law.

  8. Communications

    You may view yourThrow Shimmer, not Shade account activity online at frankbody.nextbee.com When you visit this web site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this web site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. For information about your Throw Shimmer, not Shade account, contact the support team at support@nextbee.com.

  9. Copyright

    The SNDR Pty Ltd Throw Shimmer, not Shade program is brought to you by SNDR Pty Ltd. By signing up in the Throw Shimmer, not Shade program, you agree to receive advertising, marketing materials and other communications from SNDR Pty Ltd.

    Frank Body, the frank body logo, frankbody.com, and other logos and taglines are the intellectual property of SNDR Pty Ltd, licensed to others under controlled conditions. All textual, graphical and other content appearing on this web site, unless otherwise noted, are the property of SNDR Pty Ltd.

    The relationship of SNDR Pty Ltd and Nextbee shall be that of independent contractors and not of employment, partnership or joint venture. Either entity shall have any right or authority to bind the other or to assume or create any obligation or responsibility expressed or implied on behalf of the other or in the name of the other entity.

  10. Confidentiality

    If you use this web site, you are responsible for maintaining the confidentiality of your Throw Shimmer, not Shade account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

  11. Governing Law

    The laws of the State of Victoria, Australia except for its without regard to its choice of law provisions, will govern the SNDR Pty Ltd Throw Shimmer, not Shade program and its terms and conditions,. Any causes of action arising out of or connected with your use of the Program or its terms and conditions shall be resolved exclusively before a court located in the Victoria, Australia.

  12. Liability Limit

    IN NO EVENT SHALL SNDR Pty Ltd BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, REGARDLESS OF THE TYPE OF CLAIM OR LEGAL THEORY ASSERTED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE PROGRAM PURSUANT THERETO; (II) THE USE OF OR INABILITY TO USE THE SITE OR ANY MATERIALS, OR (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR ANY MATERIALS. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SNDR Pty Ltd (WHETHER IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY, OR OTHER THEORY), ARISING OUT OF OR RELATING TO THE SITE OR ANY SITE-RELATED MATERIALS OR SERVICES, EXCEED $5.00.

  13. The promotion commences on 18/04/17 at 00:00 am Australian Eastern Standard Time (AEST) and entries close on 30/04/17 at 00:00 am Australian Eastern Standard Time (AEST) (Promotional Period).

  14. The promotion is only open to "Eligible Entrants". Subject to these Terms and Conditions, an Eligible Entrant is a person who (a) 14 years or older at the time of entry; (b) has obtained permission to enter this promotion from a parent/legal guardian if under 18 years of age at the time of entry; and (c) submits their entry into this promotion in accordance with these Terms and Conditions.
  15. Employees, managers and directors of the Promoter and its related companies and suppliers and agencies involved in this promotion are not Eligible Entrants, nor are their immediate families.
  16. Throw Shimmer, not Shade program ("Program") is only open to residents of Australia, New Zealand, the United States, Canada and the United Kingdom
  17. Each successful referral sign up in the Promotional Period qualifies as 1 point into the competition.
  18. To enter the promotion, an entrant must during the Promotional Period:
    • Copy and share the unique URL link (which you can be found in their Account Dashboard) on Twitter and/or Facebook to refer their friends. Every friend that signs up via this link, counts as one friend referred.
    • Inserting their friend’s information into the appropriate field via the Account Dashboard.
    • Be the referred friend.
  19. If an entrant’s contact details change during the Promotional Period, it is the entrant’s responsibility to notify the Promoter in writing.
  20. All entries become the property of the Promoter.
  21. Prizes will be dispatched within 6 months from the completion of the promotion on the 30/04/2017. Prizes are as follows:

    • Refer 5 friends:"Throw Shimmer - Not Shade" patch
    • Refer 10 friends:Shimmer patch pack
    • Refer 25 friends:First to receive new Shimmer Scrub & shimmer patches

    The Party Pack: 5 x people who have either entered the competition or been referred by a friend will be selected at random to win “The Party Pack.” This includes: Adidas Gazelle personalised sneakers, ban.do holographic lunch bag, The Fifth Sunglasses, frank body embroidery patch pack, frank body bumper sticker, frank body Shimmer Scrub 200g.

  22. Total prize pool valued up to $AU 10,000
  23. Contact details will be those nominated in their entry form, (unless the entrant has notified the Promoter of a change to their contact details in accordance with clause 8) by 30/04/17. The Promoter may contact the winners via email by the 30/04/2017 with a unique code.
  24. One (1) Top referrer will receive:
    • 5 x Customised frank body shimmer denim jackets.
    • 5 x “Party Packs” and a $300 Bunkr voucher.
  25. The Promoter will use all reasonable efforts to contact an entrant selected as winner, but accepts no responsibility if an entrant cannot be contacted.
  26. If necessary in order to distribute prizes which are not claimed, a second chance draw will be conducted on 05/05/17 at the same time and place as the original draw, subject to any written directions given by any relevant regulatory authority. Winning entries from the original draw will not be eligible to win unclaimed prizes. The winner/s will be notified by email at the address nominated in their entry form (unless the entrant has notified the Promoter of a change to their contact details in accordance with clause 8) by 01/05/17. The Promoter may announce the name/s of the winner/s on SNDR Pty Ltd’s blog through website www.frankbody.com.
  27. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize, or any element of it, as stated. The Promoter reserves the right to substitute the prizes in whole or in part for something of equal or greater value in the event that any component of the prize is unavailable (subject to any applicable legislation). Prizes are not transferable, deferrable, exchangeable or redeemable for cash or product.The prize cannot be sold to any other person (including by online auction or private sale). Unused portions of prizes will be forfeited and no compensation will be payable in lieu of that element of the prize.
  28. Prizes will be sent by post from the Promoter's head office or Fulfilment company to the address stated on the entry form (unless the entrant has notified the Promoter of a change to their contact details in accordance with clause 8). Winners should allow 6 months from the prize draw for delivery of their prize. Once prizes have left the Promoter's premises, the Promoter takes no responsibility for prizes damaged, delayed or list in transit.
  29. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including pursuant to the Non-Excludable Guarantees, the Promoter (including its officers, employees and agents) excludes all liability for any death, personal injury, loss or damage (including loss of opportunity and whether direct, indirect, special or consequential) suffered or incurred by any person (whether or not arising from any person's negligence) arising in any way out of or in connection with (a) this promotion; (b) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (c) any theft, unauthorised access or third party interference; (d) 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; (e) any variation in prize value to that stated in these Terms and Conditions; (f) if any event included in the prize is cancelled or rescheduled for any reason beyond the reasonable control of the Promoter; (g) any tax liability incurred by a winner or entrant; or (h) taking and redemption of any prize.
  30. The Promoter reserves the right to disqualify any entries in its absolute discretion. For example, the Promoter may disqualify: (a) any entrants or entries that tamper with, or attempt to tamper with the entry process; (b) incomplete, indecipherable or illegible entries or entries containing false information or incorrect contact details; (c) any entries that contain material that is obscene, indecent, objectionable, defamatory, libellous or otherwise contravenes an applicable law or infringes any third party's rights; and (d) any entries that the Promoter considers inappropriate for any reason.
  31. The Promoter reserves the right, at any time, to verify the validity of entries and the details provided by 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. The identification necessary for verification is at the sole discretion of the Promoter. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
  32. All entrants who are selected as winners consent to the Promoter using their name, image, likeness, character, voice or anything else that identifies them without remuneration in any media worldwide (including without limitation in national print media, on the Promoter's website and in other promotional material) for a reasonable time to publicise this promotion (including any outcome).
  33. Privacy Statement. The Promoter collects entrants' personal information, and may disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and related bodies corporate (some of which may be located overseas) and, as required, to Australian regulatory authorities, in order to conduct, administer and publicise the promotion. By entering the promotion, entrants consent to the Promoter using their personal information and sending them information in accordance with the Promoter's Privacy Policy (frankbody.com) and otherwise agree to the terms of the Promoter's Privacy Policy. Without limitation, the Promoter and its related bodies corporate may, for an indefinite period unless otherwise advised by the entrant, use entrants' personal information for marketing, advertising and opinion research purposes, including sending electronic messages or telephoning the entrant. This includes sending entrants information about SNDR Pty Ltd products. Entrants should direct any request to opt out, or to access, update or correct any information held by the Promoter, to the Promoter at the address below or in accordance with the Promoter's Privacy Policy.
  34. Entrants' personal information may be disclosed to State and Territory lottery departments and winners' names published as required under relevant lottery legislation.
  35. Each entrant must comply with these Terms and Conditions. Each entrant indemnifies and will keep indemnified the Promoter in relation to all loss and damage whatsoever which is suffered (including but not limited to indirect or consequential loss) by the Promoter as a direct or indirect result of the entrant acting inconsistently with or breaching any part of these Terms and Conditions.
  36. The Promoter does not accept any responsibility for late, lost, incomplete, incomprehensible, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence, whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. All entries are deemed to be received at the time of receipt in the promotional database.
  37. The Promoter is not responsible for any problems or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a mobile network, or any combination of these, or any other technical failures including any damage to an entrant's (or any other person's) mobile handset or computer related to, or resulting from, participation in this promotion or the downloading of any materials related to this promotion. Entrants acknowledge that the Internet is not a secure medium and that the Promoter is not responsible for the security of on-line entries.
  38. If for any reason this promotion is not capable of running as planned, including as a result of infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness, integrity, safety or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the promotion, subject to any applicable legislation.
  39. The Promoter’s decision on all aspects relating to this promotion is final and no correspondence will be entered into.
  40. The Promoter is SNDR Pty Ltd (39 162 939 120) of 3 Newton St, Cremorne, VIC 3121.