LEADERBOARD COMPETITION TERMS AND CONDITIONS

SCHEDULE

Terms and Conditions

1. Mechanisms on how to enter, prizes and the information in the Schedule form part of these Terms and Conditions (Terms). Participation in the Competition is deemed acceptance of these Terms.
2. Any capitalised terms used in these Terms have the meaning given in the Schedule, except where stated otherwise.

Eligibility& Entry

3. Entrants represent and warrant that their posts on the Platform are their original work and do not infringe any other persons intellectual property rights or are subject to any claims of copyright.
4. Incomplete and ineligible entries will be deemed invalid. Entries will also be deemed invalid if they breach these Terms. We reserve the right, at any time, to verify the validity of entries and Entrants (including an Entrant’s identity, age, place of residence account and post authenticity) and to disqualify any Entrant.

Prize Determination

5. All Determinations are final and will not be subject to review.
6. Entrants are responsible for any expenses incurred when entering the Competition and accessing, claiming and/or using the Prize (unless otherwise stated on the Site).
7. If a winner’s entry is deemed or found to be invalid, we can decide on another winning entry.
8. Entrants acknowledge and agree that we, in our absolute discretion, will determine the winner of the Prize following our Determination process. We withhold the right to review any post and account to ensure entry to the Competition was in accordance with these Terms.

Prizes

9. The Prize is outlined in the Schedule.
10. If any Prize is unavailable and we have used all reasonable efforts to arrange the Prize, we may, in our absolute discretion, reserve the right to substitute the Prize with a prize of equal value and/or specification, subject to any written directions from a regulatory authority.
11. The Prize(s) must be claimed within the Redemption Period and in accordance with any claim instructions set out on the Site. If the winner(s) does not claim the Prize within this time period, the Prize will be deemed to be forfeited by the Entrant.
12. Prizes will be distributed within 30 days of the date of Determination Date. Should circumstances outside our control occur, which cause a delay in delivery of the Prize, we will not be liable.

General

13. Competition Suitability: We reserve the right to verify the authenticity of:
    • likes received on posts; and
    • followers of accounts on the Platform,

through any means we consider reasonable and necessary to ensure Entrants have not use bots, fake accounts or any other unauthorised means to boost their post likes or account following on the Platform.

14. Personal information: We collect personal information from all Entrants in order to conduct the Competition and may, for this purpose, collect, use and disclose such information to third parties, including but not limited to agents, contractors, service providers, Prize suppliers and as required, to regulatory authorities. Please see our Privacy Policy (available on our Site) for more information about how we collect, stores, uses and discloses personal information.
15. Platform means the mobile application that we provide to users.
16. Non-Excludable Guarantees: Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify any legislation which cannot lawfully be excluded or limited, including the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth) or any other applicable State or Territory legislation (Non-Excludable Guarantees).
17. Consequential Loss: Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable under these Terms for any consequential loss including but not limited to loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use (including both real and anticipatory) and/ or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
18. Liability: Except for any liability that cannot be excluded by law (including the Non-Excludable Guarantees),we will not be liable to an Entrant for, and the Entrant waives and us in respect of all liability (including but not limited to all expenses, costs, damages, claims, losses) arising in any way out of or in connection with:

• any act or omission of an Entrant;
• any breach of these Terms by the Entrant;
• any personal injury or death or property loss or damage;
• claiming the Prize;
• use of the Prize in any way;
• any theft of any Prize or unauthorised access or third-party interference in the Competition;
• any entry or Prize claim that is late, lost, altered, damaged, delayed, corrupted or misdirected (whether or not after their receipt by us) due to any reason beyond our reasonable control; or
• any tax liability incurred by a winner,

except to the extent such liability was caused or contributed to by our negligent act or negligent omission.

19. Force Majeure: Neither party will be liable for any delay or failure to perform their respective obligations under this Agreement if such delay or failure is caused or contributed to by a Force Majeure Event. Force Majeure means any event or circumstance which is beyond a Party’s reasonable control.
20. Currency: A reference in these terms or in any advertisement relating to the Competition, to dollars, or $ is a reference to Australian currency.
21. Jurisdiction: These Terms are governed by the laws of the Victoria, Australia. Entrants submit to the jurisdiction of the courts of Victoria, Australia.
22. Dispute Resolution: In the event of a dispute, Entrants must contact us and attempt to resolve the dispute in good faith. If the matter cannot be resolved, either party may refer the matter to a mediator. The costs of the mediation will be shared equally between the parties.
23. Intellectual property rights: All intellectual property rights in the entries vest in us upon submission of the relevant entry.

Last updated: 23 January 2024  

© LegalVision ILP Pty Ltd

COMPETITION TERMS AND CONDITIONS

SCHEDULE

Terms and Conditions

1. Mechanisms on how to enter, prizes and the information in the Schedule form part of these Terms and Conditions (Terms). Participation in the Competition is deemed acceptance of these Terms.
2. Any capitalised terms used in these Terms have the meaning given in the Schedule, except where stated otherwise.

Eligibility& Entry

3. Entrants represent and warrant that their posts on the Platform are their original work and do not infringe any other person’s intellectual property rights or are subject to any claims of copyright.
4. Incomplete and ineligible entries will be deemed invalid. Entries will also be deemed invalid if they breach these Terms. We reserve the right, at any time, to verify the validity of entries and Entrants (including an Entrant’s identity, age place of residence, and account and post authenticity) and to disqualify any Entrant.

Prize Determination

5. All Determinations are final and will not be subject to review.
6. Entrants are responsible for any expenses incurred when entering the Competition and accessing, claiming and/or using the Prize (unless otherwise stated on the Site).
7. If a winner’s entry is deemed or found to be invalid, we can decide on another winning entry.
8. Entrants acknowledge and agree that we, in our absolute discretion, will determine the winner of the Prize following our Determination process. We withhold the right to review any post and account to ensure entry to the Competition was in accordance with these Terms.

Prizes

9. The Prize is outlined in the Schedule.
10. If any Prize is unavailable and we have used all reasonable efforts to arrange the Prize, we may, in our absolute discretion, reserve the right to substitute the Prize with a prize of equal value and/or specification, subject to any written directions from a regulatory authority.
11. The Prize(s) must be claimed within the Redemption Period and in accordance with any claim instructions set out on the Site. If the Winner(s) does not claim the Prize within this time period, the Prize will be deemed to be forfeited by the Entrant.
12. Prizes will be distributed within 30 days of the date of Determination Date. Should circumstances outside our control occur, which cause a delay in delivery of the Prize, we will not be liable.

General

13. Competition Suitability: We reserve the right to verify the authenticity of:
    • likes received on posts; and
    • followers of accounts on the Platform,

through any means we consider reasonable and necessary to ensure Entrants have not use bots, fake accounts or any other unauthorised means to boost their post likes or account following on the Platform.

14. Personal information: We collect personal information from all Entrants in order to conduct the Competition and may, for this purpose, collect, use and disclose such information to third parties, including but not limited to agents, contractors, service providers, Prize suppliers and as required, to regulatory authorities. Please see our Privacy Policy (available on our Site) for more information about how we collect, stores, uses and discloses personal information.
15. Platform means the mobile application that we provide to users.
16. Non-Excludable Guarantees: Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify any legislation which cannot lawfully be excluded or limited, including the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth) or any other applicable State or Territory legislation (Non-Excludable Guarantees).
17. Consequential Loss: Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable under these Terms for any consequential loss including but not limited to loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use (including both real and anticipatory) and/ or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
18. Liability: Except for any liability that cannot be excluded by law (including the Non-Excludable Guarantees),we will not be liable to an Entrant for, and the Entrant waives and us in respect of all liability (including but not limited to all expenses, costs, damages, claims, losses) arising in any way out of or in connection with:

• any act or omission of an Entrant;
• any breach of these Terms by the Entrant;
• any personal injury or death or property loss or damage;
• claiming the Prize;
• use of the Prize in any way;
• any theft of any Prize or unauthorised access or third-party interference in the Competition;
• any entry or Prize claim that is late, lost, altered, damaged, delayed, corrupted or misdirected (whether or not after their receipt by us) due to any reason beyond our reasonable control; or
• any tax liability incurred by a winner,

except to the extent such liability was caused or contributed to by our negligent act or negligent omission.

19. Force Majeure: Neither party will be liable for any delay or failure to perform their respective obligations under this Agreement if such delay or failure is caused or contributed to by a Force Majeure Event. Force Majeure means any event or circumstance which is beyond a Party’s reasonable control.
20. Currency: A reference in these terms or in any advertisement relating to the Competition, to dollars, or $ is a reference to Australian currency.
21. Jurisdiction: These Terms are governed by the laws of the Victoria, Australia. Entrants submit to the jurisdiction of the courts of Victoria, Australia.
22. Dispute Resolution: In the event of a dispute, Entrants must contact us and attempt to resolve the dispute in good faith. If the matter cannot be resolved, either party may refer the matter to a mediator. The costs of the mediation will be shared equally between the parties.
23. Intellectual property rights: All intellectual property rights in the entries vest in us upon submission of the relevant entry.

Last updated: 23 January 2024

© LegalVision ILP Pty Ltd