BigGiveAway.com.au

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Terms of Service

Effective 23 February 2010.

  1. Introduction

    The BigGiveaway.com.au Web site (“Site”) and service (“Service”) is operated under licence by Empowered Communications Pty Ltd ABN 36 096 918 080(referred to hereafter as "BGA").

  2. General Disclaimer

    As part of the Site membership you may receive Email (“Email Message ”) communications from BGA. These messages will always appear to come from BGA and are considered to include the following:

    1. Promotional Emails
    2. Emails sent for research purposes
    3. Emails sent as part of a survey
    4. Any other email based communications sent from BGA to you

  3. Acceptance of Terms

    Membership of the Service is conditional upon acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Site, referred to hereafter collectively as the 'Terms Of Service' ("TOS").

    BY SUBMITTING THE MEMBERSHIP APPLICATION ON THE SITE OR USING ANY OF THE SERVICES AVAILABLE ON OR THROUGH THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TOS. If you do not agree to our TOS, which includes by incorporation our Privacy Policy, you must immediately terminate your account by following the instructions provided on the Site.

    This Site is provided for the personal enjoyment of Members subject to these TOS and all modifications thereto, and any other rules or guidelines, including any game or sweepstakes rules that may be published from time to time by BGA on this Site. BGA reserves the right to modify the Site from time to time, for any reason, and without notice, including the right to terminate the services. You should check these Terms of Service periodically for changes, as we reserve the right to modify them at any time. The date of the current version of these Terms of Service is noted above. Your use of the Site following any modifications to these Terms of Service shall be deemed to be your assent to any such modifications.

  4. Description of Service

    The BGA site is operated as a Trade Promotion Lottery that provides members a weighted chance of winning the quarterly prize draw according to their participation.

    Members may be awarded points ("Points" or "BGA Points") for participating in certain activities such as completing surveys, by reading and responding to email promotions; and by other methods as notified from time to time on the Site.

    Each point earned equates to an entry into the forth coming draw. Therefore by accumulating more points, members increase their chances of being drawn in the current draw.

    At the end of the current draw period, 10% of each member's final entry point balance will be rolled over to form their starting balance for the next draw. This means that the longer and more active a members participation in the program, the greater their chances of winning.

    BGA points have no value outside of the BGA system and can not be redeemed for cash. BGA points can not be transferred to other members.

  5. Conditions of entry

    1. Information on How to Enter and prizes form part of these Conditions of Entry.
    2. The promotion period begins on 23rd February 2010 at 11.00am and ends on 10th August, 2010 at 11.00 am.
    3. Eligible entrants must complete the membership entry form at www.BigGiveAway.com.au and comply with BGA Terms of Service.
    4. Employees of Empowered Communications and associated companies and their immediate families and any agencies associated with this promotion are excluded from entry.
    5. All draws will take place at Empowered Communications, 102 York Street, South Melbourne, 3205. Prize winners names will be published on the website. Winner will be advised via email and in writing and name published in The Australian Newspaper 7 days after draw dates.


      6. StartCloseDrawAnnouncement on websiteAnnouncement in The Australian Newspaper
      Draw 1:23.02.201018.05.201018.05.201018.05.201025.05.2010
      Draw 2:18.05.201010.08.201010.08.201010.08.201017.08.2010

    6. There are 2 prizes to be won (1 per draw). The first eligible entry drawn in each draw will receive a cheque for $10,000. Total prize pool is $20,000.
    7. The Promoter may conduct such further draws at the same time and place as the original draw as is necessary on 30th November, 2010 in order to distribute the prize if it remains unclaimed by that date subject to any relevant legislation. If such draw is required winner will be notified in writing and their name published in The Australian newspaper on 7th December, 2010.
    8. The details contained in your entry are protected by security safeguards as detailed in the Promoter's Privacy Policy, which is also available on the website. The personal information collected as part of the entry is collected to enable identification of the winner and for future marketing and promotional purposes. Your personal information will only be disclosed to the Promoter and its related bodies corporate for these purposes.
    9. The Promoter is Empowered Communications 102 York Street, South Melbourne, 3205 ABN: 36 096 918 080

    Authorised under NSW permit no: LTPS/10/00722 VIC permit no: 10/141 SA Licence: T10/109

  6. Conditions of Membership

    BGA Members must agree to accept email promotions and survey invitations from us. This is the principal method of collecting BGA points.

    BGA reserves the right to send you email messages from time to time for which you may not be rewarded. Such messages may include system updates; bulletins; administrative announcements; special requests, etc., and may be sent via email or regular mail. BGA is under no obligation to provide you with any particular number of opportunities to earn BGA Points or to send messages to you.

    As a condition of your membership you represent and warrant that:

    1. You are at least 16 years of age;
    2. You are a permanent resident of Australia;
    3. All information supplied by you is complete, true and accurate.
    4. You understand and agree that if your account is terminated for your breach of this agreement, any accrued BGA Points will be forfeited and you will lose the right to participate in the program, including the current prize draw. Interpretation of what constitutes a breach of this agreement shall be at the sole discretion of BGA.
    5. You agree that no interest shall accrue and that BGA Points have no monetary value. BGA uses a double opt-in system that requires you to respond to a registration email before your account is activated. If you do not activate your account and complete your profile you will not be credited with BGA Points. In the event that you participate in a transaction with a reward partner that would make you eligible to collect BGA Points, BGA will make reasonable efforts to have the points credited to your account. You acknowledge that in order for us to award points that your browser must accept cookies. You acknowledge that certain firewall or filtering software may cause points to not be credited to your account.
    6. You understand and agree that BGA will not be responsible to you or any governing body for any taxes or the loss of any benefits as a result of being issued BGA rewards or prizes.
    7. You must not maintain more than one account on the Site and understand that a limit of 3 memberships applies to one postal address.
    8. You must inform BGA of any change in your personal details, including email address and street address. Contact details and preferences must be updated using the facility provided once you have logged in to the site. Rewards and prizes will be made in favour of you and will be delivered to the address specified in your account profile. Prizes are not transferable to any other person.
    9. You will not send unsolicited email (SPAM) to strangers to promote the BGA Service.
    10. You will not post material that contains or encourages indecent, defamatory, menacing, offensive or unlawful acts, or otherwise bring the BGA site into disrepute.
    11. You will keep your account username and password details secure and will not allow other people to access your account. In the event that you suspect a security breach your will immediately notify BGA.
    12. You will not use any automated means including scripts, spiders, robots, bots, crawlers or the like in connection with your participation in collecting BGA Points or with any other activity on the site.

    BGA may reject any new member application from any person with or without cause at its sole discretion. BGA reserves the right to terminate a Member's account in the event that the Member provides false or misleading membership information or otherwise violates these TOS.

    Employees of Empowered Communications and their immediate families are ineligible to participate in the BGA program.

  7. Third Party Promotions

    A part of the Site and the Service you may be presented with promotions, advertisements and offers provided by third parties ("Third Party Promotions"). All Third Party Promotions are paid for by the advertiser and do not represent an endorsement or recommendation by BGA or its affiliates, directors or employees.

    Any dealings with any advertiser as a result of Third Party Promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. You agree that BGA will not be held responsible or liable for any part of any such dealings or promotions.

  8. Linked Sites

    BGA may provide links to third parties' Web sites ("Linked Sites"). Unless otherwise noted on the Site, Linked Sites are not reviewed, controlled or examined by BGA in any way. BGA is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. Except as otherwise noted on the Site, these links do not imply BGA' endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate rules and guidelines, if any, applicable to the use of the Linked Sites. In no event shall BGA be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Sites, the Linked Sites themselves, or the information or material accessed through these Linked Sites. You should direct any concerns to that site's administrator or Webmaster. BGA reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different Members.

  9. Privacy Policy

    The information collected and used by this Site is governed by the BGA Privacy Policy.

  10. Disclaimer of Warranties

    To the extent permitted by law, all warranties, conditions and representations about the Service, the availability of the Service for access and use, the products and services advertised, offered to be supplied or supplied via the Service and the information provided on the Service are excluded. In particular, to that extent, BGA excludes any warranty that the Service will be uninterrupted or error-free; that defects will be corrected, that the Service or the server that makes it available, are free of viruses or other harmful components, that the use or results of the use of the Service, or that the materials made available as part of the Service, will be correct, accurate, timely or otherwise reliable. If a term is implied by law into these TOS and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in these TOS. However, BGA' liability for breach of such term will be limited, at its option, to one or more of the following:

    1. in relation to goods:
      1. the replacement of the goods or the supply of equivalent goods;
      2. the repair of such goods;
      3. the payment of the cost of replacing the goods or acquiring equivalent goods; or
      4. payment of the cost of having the goods repaired;
    2. in relation to services:
      1. the supply of services again; or
      2. the payment of the cost of having the services supplied again.

  11. Limitation of Liability

    To the extent permitted by law, BGA, its parents, subsidiaries, affiliates, officers and employees shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if BGA has been advised of the possibility of such damages), resulting from:

    1. the use or the inability to use the service;
    2. the use of, or reliance on any information published on the site
    3. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
    4. unauthorised access to or alteration of your transmissions or data;
    5. statements or conduct of any third party on the service; or
    6. any other matter relating to the service.

    BGA shall not be obliged to issue any reward or prize that relates to, or arises out of misuse or abuse of the site or to any person who has supplied false or misleading personal information.

  12. Indemnification

    You indemnify BGA, its parents, subsidiaries, affiliates, officers and employees, harmless from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses, including reasonable legal fees, arising out of, or in any way connected to the use of the Site or information or content published therein; your participation in the Site's member program or that of someone using your username and password; or your inability to use the Site.

  13. Termination

    You may terminate your membership with BGA at any time by using the facility provided on the Site. If you terminate your membership you will forfeit your BGA Points and you will not be eligible to participate in the current prize draw from the date of termination.

    If your email address becomes invalid or unusable we will suspend your account for a period of 30 days from the time we become aware of the problem. During the period of suspension you will be able to access your account to update your email address but you will not be eligible to collect BGA Points until we have re-validated your email address. Other than a notification on the Site BGA will not be responsible for notifying you that your account has been suspended.

    BGA reserves the right to terminate your membership without notice or cause, at its sole discretion or for any reason including:

    1. Your account has been suspended for more than 30 days
    2. Failing to log in to the site for a period of more than 6 months
    3. Your breach of this TOS
    4. Any conduct by you that we believe is detrimental to the business interests or reputation of BGA
    5. Any action taken by you that harms or potentially harms BGA or our relationship with our Members, suppliers, affiliates, partners and/or providers of Third Party Promotions.

    If BGA terminates your membership you will forfeit your BGA Points and you will not be eligible to participate in the current prize draw from the date of termination. Once your membership has been terminated by us you will be ineligible to re-enrol at any future date.

  14. Intellectual Property

    BigGiveaway.com.au and BGA are trademarks of Empowered Communications Pty Ltd ABN 36 096 918 080. All contents of the service are Copyright © 2010 Empowered Communications Pty Ltd ABN 36 096 918 080.

    The Service is owned and operated by Empowered Communications Pty Ltd ABN 36 096 918 080. You acknowledge and agree that the Service and Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You may make a copy of the content for your own personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You further acknowledge and agree that content contained in sponsorship advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by BGA, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

  15. Applicable Law

    These terms of service are governed by the laws in force in Victoria, Australia and the parties agree to be bound by the non-exclusive jurisdiction of the Courts of Victoria, Australia. In the event that any portion of this Agreement is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect.

© Copyright 2010 Empowered Communications Pty Ltd - All Rights Reserved.
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