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Competitions and Giveaways — Terms and Conditions

Promoter: Hercules Supplements (Aust) Pty Ltd, ABN 45 651 597 269, of 33 Flinders Parade, North Lakes Qld 4509, Australia ("Promoter", "we", "us", "our")

Contact: info@herculessupplements.com.au

Last updated: 31 July 2026


How this page works

This page has two parts.

Part A — Active Promotions sets out the specific terms for each competition or giveaway we are currently running (the "Specific Terms"). We update this section each time we launch a new promotion.

Part B — General Terms applies to every competition, giveaway, prize draw, contest or trade promotion we run.

Part A and Part B are to be read together and together form the terms and conditions of entry. If there is any inconsistency, the Specific Terms in Part A prevail for the promotion they relate to.

By entering a promotion, you accept these terms and conditions.


PART A — ACTIVE PROMOTIONS

"Gym Membership on Us" Giveaway

Promotion type: Game of chance (random draw)

Entry period opens: 9:00am AEST, 1 August 2026

Entry period closes: 11:59pm AEST, 31 August 2026

Who can enter: Australian residents aged 18 years or over. See clause 3.

Prize: Payment of the winner's gym membership for 12 months, up to a maximum total value of $500 AUD (incl. GST). One prize available.

Total prize pool: Up to $500 AUD (incl. GST)

Draw: 10:00am AEST, 1 September 2026, at 33 Flinders Parade, North Lakes Qld 4509. Winner determined by random electronic draw from all valid entries. Two reserve entries will be drawn.

Winner notified: By email and/or telephone within two business days of the draw.

Winner announced: At herculessupplements.com.au from 1 September 2026, for at least 28 days.

Prize claim deadline: 29 September 2026.

Permits: No trade promotion permit or authority is required for this promotion in any Australian State or Territory.

A1. How to earn entries

During the entry period you will automatically receive entries into the draw as follows. Entries are cumulative and there is no maximum number of entries any one entrant may receive. There are three (3) ways to gain entries.

Entry 1 — Qualifying spend. Spend $200 or more (incl. GST) on products at herculessupplements.com.au during the entry period. The threshold is calculated on the total amount you actually pay in one order and is not accumulated across orders. Shipping charges and gift card purchases do not count toward the threshold.

Entry 2 — Active subscription. Hold an active subscription with us at any time during the entry period with a minimum of two orders by the end of the period. A subscription is "active" if it is in place and is not cancelled or paused at any point during the entry period, regardless of whether it renews on a 30, 60 or 90 day cycle.

Entry 3 — Additional subscription product. Add an additional product to your subscription during the entry period and retain that product on your subscription until the draw date.

A2. Entry conditions for this promotion

(a) Subscription products are supplied at their normal subscription price. No amount is charged, and no price is increased, for entry into this promotion.

(b) Where an order or subscription is cancelled, refunded, charged back, or a product is returned before the draw date, any entries generated by that order or subscription are void and will be removed from the draw.

(c) Orders placed using a discount, subscription discount, credit or promotional code are eligible, provided the amount you actually pay meets the $200 threshold.

(d) You must be the account holder named on the order or subscription. Entries are personal to you and cannot be sold, transferred or assigned.

A3. The prize in detail

(a) The prize is payment by us of the winner's gym membership fees for 12 consecutive months from the date the winner accepts the prize, up to a maximum total value of $500 (incl. GST).

(b) We will pay the membership fees directly to the winner's nominated gym, either as a lump sum. Where the gym will not accept payment directly from us, we will instead reimburse the winner monthly on production of receipts.

(c) The winner may nominate any gym, fitness studio or health club operating in Australia that offers a 12-month or rolling membership and can accept payment on one of the bases in paragraph (b).

(d) If the nominated membership costs more than $500 over 12 months, the winner is responsible for the difference. If it costs less than $500, the difference is not payable to the winner in cash or otherwise and no balance or credit is retained for the winner.

(e) The prize does not include joining or administration fees, personal training, classes charged separately from the membership, merchandise, supplements, parking, lockers, travel to and from the gym, or any other cost.

(f) The winner is responsible for entering into and complying with the membership agreement with their nominated gym. We are not a party to that agreement and are not responsible for the gym's conduct, the quality or availability of its facilities, its closure, or any change to its fees.

(g) If the winner already holds a gym membership, the prize may be applied to that existing membership, subject to the gym accepting payment under paragraph (b).

(h) The prize is not transferable or exchangeable and cannot be redeemed for cash, except under clause 9.


Terms for a closed promotion continue to apply to that promotion.


PART B — GENERAL TERMS

1. Definitions

ACL means Schedule 2 of the Competition and Consumer Act 2010 (Cth), known as the Australian Consumer Law.

Business Day means a day other than a Saturday, Sunday or public holiday in Queensland.

Entrant means a person who enters a promotion.

Entry Period means the period stated in the Specific Terms during which entries may be submitted or earned.

Promotion means any competition, giveaway, prize draw, contest or trade promotion conducted by us.

Specific Terms means the terms for a particular promotion set out in Part A.

Website means herculessupplements.com.au and any related website operated by us.

2. Agreement to these terms

2.1 Entry into a promotion is deemed acceptance of these terms and conditions.

2.2 Where a promotion is advertised with abbreviated terms (for example on packaging, in an email, or in a social media post), those abbreviated terms are incorporated into and subject to these full terms and conditions.

2.3 These terms apply in addition to our Website Terms and Conditions and our Privacy Policy. To the extent of any inconsistency in relation to a promotion, these terms prevail.

2.4 Once a promotion has commenced we will not change its structure, entry requirements, prize or draw arrangements except as permitted by clause 17.

3. Eligibility

3.1 Unless the Specific Terms state otherwise, entry is open to natural persons who are residents of Australia and aged 18 years or over at the time of entry.

3.2 The following persons are not eligible to enter or win:

(a) directors, officers, employees and contractors of the Promoter, and of any agency, supplier or company associated with the promotion; and

(b) immediate family members of any person in paragraph (a). "Immediate family member" means a spouse, de facto partner, parent, step-parent, child, step-child, sibling or step-sibling, whether or not living in the same household.

3.3 Entries may not be submitted by or on behalf of a company, business, trust, partnership, syndicate or other entity.

3.4 We may require an entrant or winner to provide evidence of identity, age, residency and eligibility to our reasonable satisfaction. Failure to do so within the time we specify may result in disqualification.

4. Entries

4.1 Entries must be received or earned during the Entry Period. Entries outside the Entry Period will not be accepted. The time of receipt is determined by our systems, not by the time of transmission.

4.2 Only entries that comply in full with these terms and the Specific Terms are valid.

4.3 Entries generated by macro, script, bot, automated means, or by any other method that in our reasonable opinion does not reflect a genuine qualifying action, are invalid.

4.4 The use of multiple accounts, email addresses, addresses or identities by the same person to obtain additional entries is prohibited and may result in disqualification of all of that person's entries.

4.5 We are not responsible for entries that are lost, late, incomplete, misdirected, delayed, corrupted or not received for any reason, including technical malfunction, network failure or human error.

4.6 Incomplete, illegible or indecipherable entries are invalid.

4.7 Nothing in these terms requires an entrant to pay any amount for the right to enter beyond the normal retail price of any goods purchased. Goods are supplied at their usual price and prices are not inflated to fund a promotion.

5. The draw or judging

5.1 Games of chance. Where the Specific Terms describe the promotion as a game of chance, the winner will be determined by random draw from all valid entries at the date, time and place stated in the Specific Terms. Every valid entry has an equal chance of being drawn.

5.2 Games of skill. Where the Specific Terms describe the promotion as a game of skill, entries will be judged individually on their merit against the criteria stated in the Specific Terms, and no element of chance will be involved in determining the winner. Judges will be persons nominated by us with relevant expertise.

5.3 The number of winners and prizes is as stated in the Specific Terms.

5.4 Unless the Specific Terms state otherwise, an entrant may win only one prize per promotion.

5.5 Where the Specific Terms provide for reserve entries, reserve winners will be drawn or selected in the same manner and at the same time as the winner, and recorded in order of draw or ranking.

5.6 Our decision, or the decision of the judges in the case of a game of skill, is final and no correspondence will be entered into. This clause does not limit any right an entrant has under the ACL or any other law that cannot be excluded.

6. Notification and announcement of winners

6.1 Winners will be notified using the contact details associated with their entry, by the method and within the timeframe stated in the Specific Terms.

6.2 It is the entrant's responsibility to provide accurate contact details and keep them current. We are not liable for notifications that fail because contact details are inaccurate, out of date, blocked or filtered as spam.

6.3 The winner's given name, surname initial and State or Territory of residence will be published as stated in the Specific Terms and as required by law. Winners may request that their details not be published where the applicable law permits.

7. Claiming a prize

7.1 A winner must claim their prize, and provide any information or documentation we reasonably require, by the deadline stated in the Specific Terms or, if none is stated, within 28 days of being notified.

7.2 A prize will be treated as unclaimed if the winner cannot be contacted after reasonable attempts, does not claim within the period in clause 7.1, declines the prize, or is found to be ineligible or in breach of these terms.

7.3 If a prize is unclaimed we may award it to a reserve winner or conduct an unclaimed prize draw or re-judging, subject to any requirements of the applicable State or Territory regulator and any permit conditions. Details of any unclaimed prize draw will be published on the Website.

7.4 Where the Specific Terms require it, the winner must sign and return a declaration of eligibility and release before the prize is awarded.

8. Prizes — general

8.1 Prize values stated in the Specific Terms are the recommended retail value including GST at the time the promotion opened. We accept no responsibility for any change in the value of a prize.

8.2 Prizes are not transferable or exchangeable and cannot be redeemed for cash unless expressly stated in the Specific Terms.

8.3 Prizes must be taken as offered. Any part of a prize not taken up or used is forfeited and no compensation is payable.

8.4 Where a prize consists of or includes goods or services supplied by a third party, those goods or services are subject to that third party's terms and conditions. We give no warranty as to the quality, suitability, availability or performance of a third party's goods or services and are not liable for any act or omission of that third party.

8.5 Any tax consequences arising from receipt of a prize are the responsibility of the winner, and we recommend winners seek independent advice. The prize is provided in the amount or form stated and we will not make any additional payment in respect of tax.

8.6 Unless expressly stated, prizes do not include incidental costs such as travel, transport, accommodation, meals, insurance, spending money, telephone or internet charges, or any personal expenses.

8.7 Where a prize consists of or includes our products, those products are supplied subject to the consumer guarantees under the ACL. Product information provided in connection with a promotion is general information only and is not professional, medical, nutritional or health advice. You should seek independent professional advice before relying on it.

9. Substitution and unavailability of prizes

9.1 If for any reason beyond our reasonable control a prize or any part of it becomes unavailable, we may substitute a prize of equal or greater value, subject to any written approval required from the relevant State or Territory regulator and any permit conditions.

9.2 We reserve the right to provide the monetary value of a prize instead of the prize itself where the prize cannot reasonably be provided, subject to clause 9.1.

10. Verification, disqualification and tampering

10.1 We may require verification of a winner's identity, age, residence, entry and eligibility at any time. A prize will not be awarded until we are satisfied.

10.2 We may in our reasonable discretion disqualify an entrant and invalidate all of that entrant's entries where the entrant:

(a) breaches these terms or the Specific Terms;

(b) tampers or interferes with the entry process or the operation of the promotion;

(c) engages in conduct that is fraudulent, deceptive, dishonest, unlawful, abusive, or intended to annoy, threaten or harass any person; or

(d) acts in a manner that in our reasonable opinion brings the promotion or us into disrepute.

10.3 If an entry, prize claim or winner is subsequently found to be invalid or ineligible, we may withdraw the prize and require the return of the prize or payment of its value.

10.4 Any attempt to deliberately damage or undermine the legitimate operation of a promotion may breach criminal and civil law. We reserve the right to seek damages and to refer the matter to law enforcement.

11. Entrant content and intellectual property

11.1 This clause applies where a promotion invites entrants to submit content such as text, photographs, video, audio or artwork ("Entry Content").

11.2 The entrant warrants that their Entry Content is their own original work, does not infringe the intellectual property, moral or other rights of any person, is not defamatory, obscene, offensive or unlawful, and that the entrant has obtained the consent of any identifiable person appearing in it and, for a person under 18, of their parent or guardian.

11.3 The entrant warrants that their Entry Content does not contain any claim about the therapeutic, health, performance or nutritional effect of any product.

11.4 The entrant retains ownership of their Entry Content and grants us a non-exclusive, royalty-free, irrevocable, worldwide licence to use, reproduce, modify, adapt, publish and communicate the Entry Content for purposes connected with the promotion and our marketing, in any medium, without further compensation.

11.5 To the extent permitted by law the entrant consents to any act or omission by us in relation to the Entry Content that would otherwise infringe the entrant's moral rights.

11.6 We may remove, refuse or disqualify any Entry Content at our discretion and are not obliged to publish or use any Entry Content.

12. Publicity

12.1 By entering, an entrant consents to us using their name, likeness, image, voice, town or suburb, State or Territory, and any Entry Content, for the purpose of administering the promotion and for promotional, marketing and publicity purposes, without further compensation.

12.2 A winner may be asked to participate in publicity relating to the promotion, such as a photograph, quote or short interview. Participation is voluntary and is not a condition of receiving the prize unless the Specific Terms expressly state otherwise.

13. Privacy

13.1 We collect personal information from entrants for the purpose of conducting the promotion, including determining eligibility, running the draw or judging, notifying and publicising winners, delivering prizes, and complying with our legal, regulatory and record-keeping obligations.

13.2 We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and in accordance with our Privacy Policy.

13.3 If an entrant does not provide the personal information we request, we may be unable to accept their entry or award a prize.

13.4 We may disclose personal information to our related entities, to service providers who assist us in running a promotion including platform, fulfilment, mail and prize suppliers, to prize suppliers, and to State and Territory regulators and other authorities where required or authorised by law. We also publish limited winner details as described in clause 6.3. Some service providers may store or process personal information outside Australia, including in the United States and Europe.

13.5 Entrants may request access to or correction of the personal information we hold about them, and may make a privacy complaint, by contacting info@herculessupplements.com.au. Our Privacy Policy explains how we handle such requests and complaints, including how to escalate a complaint to the Office of the Australian Information Commissioner.

13.6 We retain entry records for the period required by applicable State and Territory trade promotion regulations and permit conditions, and destroy or de-identify them when no longer required.

14. Marketing communications

14.1 Entry into a promotion does not by itself subscribe an entrant to our marketing communications. Where a promotion offers an entrant the option to receive marketing communications, that option will be presented clearly and will not be a condition of entry unless the Specific Terms expressly state otherwise and that requirement is lawful.

14.2 Where an entrant consents to receive marketing communications we will send them in accordance with the Spam Act 2003 (Cth). Every commercial electronic message will identify us and include a functional unsubscribe facility. Entrants may unsubscribe at any time.

15. Australian Consumer Law and liability

15.1 Our goods and services come with guarantees that cannot be excluded under the ACL. Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the ACL or by any other law that cannot lawfully be excluded, restricted or modified.

15.2 Subject to clause 15.1 and to the extent permitted by law:

(a) we exclude all liability for any loss, damage, injury, cost or expense, including indirect, consequential or economic loss and loss of profits or opportunity, suffered or incurred in connection with a promotion, an entry, the acceptance or use of a prize, or any inability to award or deliver a prize;

(b) we exclude all liability for any delay, failure, error, interruption or technical malfunction in any website, network, software, hardware or communications system used in connection with a promotion; and

(c) where our liability cannot be excluded but may be limited, our liability is limited at our option to resupplying the relevant goods or services or paying the cost of having them resupplied.

15.3 Nothing in this clause excludes liability arising from our fraud, from our negligence causing death or personal injury, or any liability that cannot be excluded at law.

16. Circumstances beyond our control

16.1 If a promotion is not capable of being conducted as planned for any reason beyond our reasonable control, including infection by computer virus, bug, tampering, unauthorised intervention, technical failure, fraud, natural disaster, epidemic, industrial action, government direction or any other cause, we may, subject to any written direction from the relevant State or Territory regulator and any permit conditions, take any action reasonably necessary to preserve the fair and proper conduct of the promotion, including disqualifying affected entries or modifying, suspending, terminating or cancelling the promotion.

17. Changes to these terms and to promotions

17.1 We may amend these General Terms at any time. The amended terms take effect from the date they are published on the Website and apply to promotions that open on or after that date.

17.2 Once a promotion has commenced we will not change its entry requirements, Entry Period, prizes, prize value, number of prizes, or draw or judging arrangements, except:

(a) as permitted by clause 9 or clause 16;

(b) to correct a manifest error, in a way that does not disadvantage entrants; or

(c) as required by law or by a State or Territory regulator.

17.3 Where a change is made we will publish notice of the change on the Website.

18. Social media platforms

18.1 Where a promotion is run on or promoted through a social media platform, including Facebook, Instagram, TikTok, YouTube, X or LinkedIn, the promotion is in no way sponsored, endorsed, administered by or associated with that platform.

18.2 Entrants release each such platform from all liability in connection with the promotion, and acknowledge that any information provided as part of an entry is provided to us and not to the platform.

18.3 Entrants must also comply with the terms of use and promotion guidelines of the relevant platform. We are not responsible for any action a platform takes in relation to an entrant's account or content.

19. Permits and regulatory compliance

19.1 Each promotion is conducted in accordance with the trade promotion, lottery and gaming laws of the Australian States and Territories in which it is open for entry, including where applicable the Community Gaming Act 2018 (NSW), the Gambling Regulation Act 2003 (Vic), the Charitable and Non-Profit Gaming Act 1999 (Qld), the Lottery and Gaming Act 1936 (SA), the Gaming and Wagering Commission Act 1987 (WA), the Gaming Control Act 1993 (Tas), the Lotteries Act 1964 (ACT) and the Gaming Control Act 1993 (NT).

19.2 Where a permit or authority is required for a promotion, the permit or authority number is stated in the Specific Terms for that promotion and the promotion is conducted in accordance with the conditions of that permit or authority. Where permit conditions are inconsistent with these terms, the permit conditions prevail.

19.3 Promotions are void where prohibited or restricted by law.

20. General

20.1 Entrants are responsible for their own costs of entry, including any internet or data charges.

20.2 If any provision of these terms is found to be invalid, unenforceable or illegal, it is severed and the remaining provisions continue in full force.

20.3 A failure or delay by us to exercise a right under these terms is not a waiver of that right.

20.4 All amounts are in Australian dollars and include GST unless stated otherwise.

20.5 These terms are written in English and the English version prevails.

21. Governing law

21.1 These terms are governed by the laws of Queensland, Australia.

21.2 The entrant and the Promoter submit to the non-exclusive jurisdiction of the courts of Queensland and the courts competent to hear appeals from them.

22. Complaints and contact

22.1 Questions and complaints about a promotion should be directed to info@herculessupplements.com.au or to Hercules Supplements (Aust) Pty Ltd, 33 Flinders Parade, North Lakes Qld 4509, Australia. We will acknowledge a complaint within 5 Business Days and aim to resolve it within 20 Business Days.

22.2 If an entrant is not satisfied with our response they may contact the fair trading or gaming regulator in their State or Territory, or the Australian Competition and Consumer Commission.

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