Terms of service

Big Ick Energy (ACN ) – TERMS AND CONDITIONS

Our Disclosures:

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:
  • We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted. Where we do so, we will refund you using the original payment method used for the order.
  • Our liability under these terms is limited to the price paid by you for the products the subject of the relevant claim, and we will not be liable for consequential loss.
Nothing in these terms limit your rights under the Australian Consumer Law.
    1.  Introduction
      1. This website (Site) is operated by Big Ick Energy (ACN [To be Incorporated]) (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products through the Site.

    2. Use of the Site
      1. You accept these Terms by placing an order via the Site.
      2. You must not use the Site and/or place an order for products through the Site unless you are at least 18 years old.
      3. When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:
        1. anything that would constitute a breach of an individual’s privacy or any other legal rights;
        2. using the Site to defame, harass, threaten, menace or offend any person;
        3. using the Site for unlawful purposes;
        4. interfering with any user of the Site;
        5. tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
        6. using the Site to send unsolicited electronic messages;
        7. using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
        8. facilitating or assisting a third party to do any of the above acts.

    3. Accounts
      1. You may purchase products from us without an account or you may choose to create an account with us which allows you to review your order history, save your wish list.
      2. You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.
      3. It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.

    4. Orders
      1. You may order products from us as set out on the Site. If you place an order for products on our Site, you are making an order to purchase the product(s) for the price listed on the Site (including the delivery fees or other applicable charges and taxes).
      2. We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of products to you in accordance with these Terms.
      3. It is your responsibility to check the order details, including selected products, delivery details and pricing, before you submit your order through the Site.
      4. When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, an order ID, the delivery and billing addresses and a description of what was ordered.
      5. All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.
      6. If a product is available for pre-order only (it is not currently in stock), this will be clearly indicated on our Site. We may display the date that the product is expected to be available for dispatch to you. These dates are an approximation only, and we will not be liable for any delay in the product being available for dispatch or the inaccuracy of the date.]
      7. We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order.

    5.  Price and payments
      1. You must pay us the purchase price of each product you order, plus any applicable delivery costs as set out on the Site (the Price) in accordance with this clause. All amounts are stated in Australian dollars and Australian GST (where applicable) will be set out separately.
      2. You must pay the Price upfront using one of the methods set out on the Site.
      3. You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
      4. The payment methods we offer are set out on the Site. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
      5. We may from time to time issue promotional discount codes for certain products on the Site.
      6. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site.
      7. The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

    6. Delivery, title and risk
      1. If possible we will deliver the products to the delivery address you provide when making your order. We currently deliver to areas as set out on the Site. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options.
      2. We normally dispatch products within 48 hours of receiving an order, unless otherwise noted on the Site. Any products that are pre-ordered are, subject to their availability, normally dispatched as noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.
      3. We deliver the products using a range of delivery methods. You may need to sign for some deliveries. If neither you nor your authorised representative is at the delivery address to accept delivery, you agree that we may leave the products at your premises. If you would like to order products for delivery outside Australia, please contact us by email for assistance.
      4. Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order. 

    7. Australian Consumer Law
      1. We do not accept returns for change of mind or other circumstances. However, you may have rights to a repair, replacement or refund under the Australian Consumer Law.
      2. Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law (Consumer Law Rights). In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
      3. Where you return products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.
      4. Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Price of the relevant product. Please contact us for further information.

    8. Limitations
      1.  Despite anything to the contrary, but subject to your Consumer Law Rights, to the maximum extent permitted by law:
        1. neither Party will be liable for Consequential Loss;
        2. each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party, including any failure by that Party to mitigate its losses; and
        3. our aggregate liability for any Liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim.
      2. You agree that any information contained on the Site and any materials provided with our products (collectively Materials) are provided for general information purposes only and do not take into account your personal circumstances. The Materials are not intended to be advice and they are not intended to be a substitute for professional medical advice. Our products are not intended to diagnose, treat, cure, or prevent any disease or condition and you are solely responsible for determining the suitability of our products for your circumstances and your reliance on the Materials is at your own risk. If you have an existing health condition, we recommend you consult a medical professional before using our products. Use of our products and/or the Materials does not establish a doctor-patient relationship.

    9. Intellectual Property
      1. You acknowledge and agree that any intellectual property (including copyright and trademarks) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.
      2. We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.
      3. You must not, without our prior written consent:
        1. copy, in whole or in part, any of Our Intellectual Property;
        2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
        3. breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
      4. Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
        1. you do not assert that you are the owner of Our Intellectual Property;
        2. unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
        3. you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
        4. you comply with all other terms of these Terms.

      1. Content you upload
        1. We encourage you to interact with the Site and with us on social media! You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on the Site. We may run campaigns via the Site and via social media that encourage you to post User Content on social media using specific hashtags (#) (Tag).
        2. If you make any User Content available on or through the Site, including on social media using a Tag, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Site and our social media platforms. We agree to only modify User Content to the extent reasonably required by us.You agree that you are solely responsible for all User Content that you make available on or through the Site, including on social media using a Tag. You represent and warrant that:
          1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
          2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site (including on social media) will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
        3. We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

      2. General
        1. Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
        2. Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
        3. Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notified the other Party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.
        4. Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
        5. Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
        6. Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
        7. Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
        8. Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us. 

      3. Definitions
        1. Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probably results of the relevant breach, act or omission, and/or, any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The Parties agree that your obligation to pay us the Price under these Terms will not constitute “Consequential Loss”.
        2. Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.
        3. Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgement (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

      For any questions and notices, please contact us at:
      Big Ick Energy (ACN ) 
      Email: Contact Us Here

      © LegalVision ILP Pty Ltd

       

       


      TRADE PROMOTION TERMS & CONDITIONS

       

      [Promotion Name]

      Schedule

      Promotion [Promotion name]
      Promoter Big Ick Energy To be Incorporated] ABN [20 734 566 014]
      [Insert contact address]
      Contact Us Here
       www.bigickenergy.com.au
      Promotional Period Start Date: 12:00am AEDT 1 May 2024 End Date: 11:59pm AEDT 31 December 2024
      Prize The Prizes are made up of a Major Prize and a Minor Prize. The Major Prize includes the following items:
      • 1 x Luxe Lie - On Float L191cm W135cm H .23cm (RRP $89.99);
      • 1 x ‘Wish you were here’ Cooler Bag (RRP $79.95);
      • 1 x Country Road Beach Towel (RRP $89.95);
      • 2 x Frank Green Cups (RRP $32.50 per cup);
      • 3 x Big Ick Energy Games (RRP $[insert value] per game);
      • 1 x G.H.Mummm Champagne Brut, Grand Cordon Rose (RRP $85.00);
      • 1 x [Saltwater Picnic Co – please insert a description of this product] (RRP $149.00);
      • 3 x Big Ick Energy game sets [Please insert a description of these game sets] (RRP $[Insert] per game set); and
      • 1 x Sundays by Pillow Talk Portofino Jute Beach Bag Natural XL (RRP $79.95).
      The Minor Prize includes the following items:
      • 1 x Lush Sex Bomb Spray (RRP $45.00);
      • Frank Body Super Scrub (RRP $22.00);
      • 1 x Big Ick Energy Game (RRP $[Insert]);
      • 2 x Frank Green Cups (RRP $32.50 per cup); and
      • 2 x Fenty Beauty Lip Gloss (RRP $40.00 per item).
      Total Prize Pool [Insert total value of all Prizes]
      Relevant States All Australian States and Territories excluding ACT and NT.
      Entrants Entry is open to residents of the Relevant States aged eighteen (18) years or over (Entrants). Employees (as well as their immediate family members) of the Promoter, retailers, suppliers and associated companies and agencies are not eligible to enter in the Promotion.
      Entry Procedure To enter and be eligible, Entrants must:
      1. visit and follow the Big Ick on Instagram here: ‘@bigickenergy’ (Our Instagram);
      2. like our Instagram post in relation to this competition (Competition Post); and
      3. tag three (3) Instagram users in one comment on the Competition Post.
      Each additional tag above 3 Instagram users in separate comments on the Competition Post will count as an additional entry in the Promotion. By participating in this Promotion, you agree and accept these Terms and Conditions. Entrants must enter the Promotion in their own name and will be required to provide all mandatory information at our request, including the Entrant’s full name, residential address, age, date of birth, email address and contact telephone number.
      Maximum Number of Entries Unlimited entries per person.
      Draw Details
      		Draw Date: 2 June 2024 Draw Time: 12:00pm AEDT Draw Location: [insert address] Draw Method: Electronic random draw
      Notification of Winners Winners will be notified via Instagram no later than two business of Draw Date.
      Redemption Date 3 months from the Draw Date.
      Unclaimed Prize Redraw Redraw Date: 2 September 2024 Redraw Time: 12:00pm AEDT Redraw Location: [insert address] Redraw Method: Electronic random draw.
      Notification of Unclaimed Prize Redraw Winners Unclaimed prize winners will be notified via Instagram no later than 3 September 2024.
      Privacy Policy Privacy Policy
      Prize Delivery The Prize will be delivered to the Winner within 14 days following the relevant Prize Draw and at the Promoter’s expense.

       

      Terms & Conditions 

      1. The Schedule and these Terms and Conditions govern the Entrant’s participation in the Promotion. Participation in the Promotion is deemed acceptance of these Terms and Conditions.
      2. To enter the Promotion, Entrants must complete the Entry Procedure during the Promotional Period.
      3. Entrants may enter the Promotion up to the Maximum Number of Entries.
      4. The use of automated entry software or other mechanical, electronic or other means that allow an Entrant to automatically enter the Promotion repeatedly is prohibited and will render all entries submitted by the Entrant invalid.
      5. Incomplete and ineligible entries will be deemed invalid. Entries will also be deemed invalid if they breach these Terms and Conditions or any other content guidelines notified by the Promoter.
      6. The Promoter reserves the right, at any time, to verify the validity of entries and Entrants (including an Entrant’s identity, age and place of residence) and to disqualify any Entrant.

      Prize Draw

      1. The draw to determine the winning Entrant (Winner) for the Promotion will be conducted in accordance with the Draw Details. Where more than one Prize is available, each Winner may only win one Prize.
      2. Where the Prize (as described in the Schedule) consists of multiple items or Prizes which are each separately redeemable by a Winner, all draws will be completed in accordance with the Draw Details.
      3. The Winner will be notified as specified in the Schedule.
      4. The Winner’s full name and city of origin will be published in a national newspaper, and/or on the Site, or on the Promoter’s social media accounts, including but not limited to, Facebook, Twitter and Instagram, within 30 days of the Draw Date. It is a condition of entry into the Promotion that the Winner consents to the publication of such information and participates in any media releases which may include photographs of the Winner by the Promoter. By entering into this Promotion, Entrants consent to the use of their names and likenesses in this manner.
      5. Winners are responsible for all expenses incurred when entering the Promotion and accessing, claiming and/or using the Prize (unless otherwise stated on the Site).
      6. As the Promotion is a game of chance, and subject otherwise to these Terms and Conditions, skill plays no part in determining the Winner and each valid entry will NOT be individually judged. Each entry has an equal chance of winning. The Winner will be confirmed by the Promoter.
      7. The Promoter’s decision is final and no correspondence will be entered into with Entrants regarding the decision.
      8. If a Winner’s entry is deemed or found to be invalid, the Promoter may redraw or decide on another winning entry.

      Prizes

      1. The Prize(s) are specified in the Schedule. THE PRIZE IS NOT TRANSFERRABLE AND NOT REDEEMABLE FOR CASH.
      2. If any Prize is unavailable and the Promoter has used all reasonable efforts to arrange the Prize, the Promoter reserves the right to substitute the Prize with a prize of equal value and/or specification, subject to any written directions from a regulatory authority.
      3. The Promoter and/or any supplier of the Prize or any part of the Prize may in their absolute discretion:
        1. reserve the right to refuse to allow the Winner or their companion(s) (if any) to take part in any or all aspects of the Prize if they reasonably believe the Winner or their companion(s) (if any) represent a safety risk or for any other reason; and
        2. may cancel the relevant component of the Prize if the conditions are deemed dangerous.

      Claiming Prizes

      1. The Prize(s) must be claimed by the Redemption Date in accordance with any claim instructions set out in the Schedule, or it will be deemed forfeited by the Entrant. The Promoter may require the Winner(s) to provide relevant evidence in order to claim the Prize, such as proof of identity, age, and any relevant proof of purchase.
      2. If any Prize remains unclaimed, a second draw or selection for the Prize will take place in accordance with the Schedule, specifically the Unclaimed Prize Redraw, subject to any directions from a regulatory authority. The alternative Winner, if any, will be notified in accordance with the Schedule, specifically Notification of Unclaimed Prize Redraw Winners.
      3. The Promoter will deliver the Prize in accordance with the Schedule. Should circumstances outside the Promoter’s control occur, which cause a delay in delivery of the Prize, the Promoter will not be liable.

      General

      1. Personal information: The Promoter collects personal information from all Entrants in order to conduct the Promotion 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 the Promoter’s Privacy Policy (linked in the Schedule) and any privacy collection notice provided, for more information about how the Promoter handles your personal information. By providing personal information to the Promoter, the Entrant agrees to the collection, use, storage and disclosure of that information as described in this clause 28 and the Promoter’s Privacy Policy.
      2. 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).
      3. Consequential Loss: Despite anything to the contrary, but subject to the Non-Excludable Guarantees, neither party will be liable under these Terms and Conditions for any consequential, special or indirect 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.
      4. Liability: A party’s liability for any liability in relation to these Terms and Conditions will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other party, including any failure by that other party to take reasonable steps to mitigate its loss.
      5. Force Majeure: Neither party will be liable for any delay or failure to perform their respective obligations under these Terms and Conditions if such delay or failure is caused or contributed to by a Force Majeure Event. Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.
      6. Online entries: If a dispute arises as to the identity of an online Entrant, the entry will be deemed to have been submitted by the authorised account holder of the email address. The Promoter may ask any Entrant to provide the Promoter with proof that they are the authorised account holder of the email address associated with the entry.
      7. Legal Warning: Any attempt to cause malicious damage or interference with the normal functioning of the Site or to otherwise undermine the legitimate operations of the Promotion may be a violation of criminal and civil laws and the Promoter reserves the right to seek damages to the fullest extent permitted by law.
      8. Social Media: The use of social media is subject to the prevailing terms and conditions of use of the social media platform. Unless otherwise indicated in these Terms and Conditions, the Promotion is in no way sponsored, endorsed or administered by, or associated with any social media platform. If an Entrant uses social media to participate in the Promotion, the Entrant understands that they are providing their information to the Promoter and not to any social media platform. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other Internet users. By participating in the Promotion, the Entrant releases the applicable social media site from all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs associate with the Promotion.
      9. Currency: Unless expressly stated otherwise, a reference in these terms or in any advertisement relating to the Promotion, to Australian dollars, dollars, AUD$ or $ is a reference to the lawful currency of Australia.
      10. Amendments: If for any reason any aspect of this Promotion is not capable of running as planned, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to State or Territory regulation.
      11. Jurisdiction: These Terms and Conditions are governed by the laws of the States and Territories in which the Promotion is conducted and the Commonwealth of Australia. Entrants submit to the jurisdiction of the courts of their State or Territory.
      12. Dispute Resolution: In the event of a dispute, Entrants must contact the Promoter 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.
      13. Intellectual property rights: All intellectual property rights in the entries vest in the Promoter upon submission of the relevant entry. Where the Promotion involves submission of any materials including but not limited to answers to questions, a statement, idea or opinion, video or voice recordings, images, works of art, designs or photographs (Content), all Entrants represent, warrant and agree that:
        1. the Content must not contain any viruses or cause or be likely to cause any injury or harm to any person or entity;
        2. the Content must be the work of the individual submitting it;
        3. the Content must not have been published elsewhere or have won a prize in any other competition or promotion;
        4. Entrants have obtained all appropriate consents and/or permission relating to a person who appears in, or whose property appears in, the Content;
        5. the submission of the Content does not infringe the intellectual property rights of any third party and that the Content they are submitting is their own work and that they own the copyright for it;
        6. the Promoter may remove or decline to publish any Content without notice to the relevant Entrant;
        7. the Promoter may use their likeness, image and/or voice in the event that the Entrant is the Winner (including photograph, film or recording) in any media whatsoever throughout the world for the purpose of promoting this Promotion or other similar promotions and promoting any products manufactured, distributed and or supplied by the Promoter. The Entrant will not be entitled to any remuneration for such use.

      © LegalVision ILP Pty Ltd