Promotions terms & conditions
These terms form part of any Ovato services agreement that refers to these terms by way of website link.
- If any Services or Deliverables relate to a TPL, the terms and conditions of the TPL must include the terms and conditions specified below, or terms that are of equivalent effect and no less favourable to Ovato.
- In the event of a malfunction or error (including an SMS number error) in the Services or Deliverables relating to a ‘live’ TPL, Client must suspend the TPL as soon as possible and until Ovato has remedied the malfunction or error, and must otherwise take all steps reasonably available to it to mitigate any direct, general loss and damage that it may suffer (directly or indirectly) as a result of the malfunction or error. Client must also take all steps reasonably available to it to enforce the terms and conditions of the TPL where failing to do so may result in loss and damage to Ovato.
- Client is responsible for the conduct of the TPL and warrants that, subject to clause 1, the terms and conditions of the TPL will be accurate, complete and appropriate. To be clear, Client understands that it is solely responsible for ensuring that the terms and conditions of the TPL accurately reflect Client’s TPL.
- Unless Client disapproves, Ovato may publish a link to Client’s TPL entry site from Ovato’s website or Facebook site, display Client’s logo on Ovato’s website or make favourable social media comment about the TPL to both promote Client’s TPL and Ovato’s services.
Notes to Client
- The provisions below are drafted assuming that ‘Promotion’, ‘Promoter’, ‘Prizes’ and ‘Entry’ are terms defined in the TPL terms and conditions. Please adjust as appropriate if that assumption is not correct.
- The provisions below are drafted in the second person (ie ‘you’, ‘your’ etc). If the TPL terms and conditions are drafted in the third person, please adjust as appropriate.
- The provisions below need not be set out in the TPL terms and conditions in consecutive clauses.
Promotion terms and conditions
“To the maximum extent permitted by law (including the Australian Consumer Law), you acknowledge that your participation in the Promotion is gratuitous and that the conduct of this Promotion and the Prizes do not constitute the supply of any goods or services to you in trade or commerce or are otherwise subject to the consumer guarantees provided for under the Australian Consumer Law.
You acknowledge that you are not entitled to receive any prize if the award of the prize was the result of technical difficulty, error or malfunction.
All Prizes that are not manufactured or supplied by the Promoter or its related body corporates in the ordinary course of their business are, for the purposes of the Promotion, supplied to prize winners by the third party that directly supplies the goods or services. You acknowledge that the Promoter, its agents and contractors have no liability to you in respect of any loss, damage, costs, inconvenience or other disadvantage you may suffer as a result of any defective or otherwise unsatisfactory goods or services supplied by a third party to you, or the failure to supply those goods or services to you. You agree not to bring any claim against the Promoter, its agents or contractors (unless they are a third party supplier of the goods or services) in respect of any such loss.
You must not use any software, other electronic, mechanical or other means that enables you to enter the Promotion repeatedly in an automated manner. If you breach this term, the Promoter may invalidate any or every Entry you submit.
To the maximum extent permitted by law (including trade promotion lottery legislation), if the conduct of this Promotion is adversely affected by any events or circumstances beyond the control of the Promoter or otherwise adversely affected by any technical difficulty, error (including an SMS number error), delay or malfunction, the Promoter may, in its sole discretion, terminate, postpone, suspend or modify the Promotion in any way, including substituting the Prizes with other prizes. You acknowledge that the Promoter, its agents and contractors have no liability to you in respect of any loss, damage, costs, inconvenience or other disadvantage you may suffer as a result of the Promoter’s exercise of its discretion under this clause. You agree not to bring any claim against the Promoter, its agents or contractors in respect of any such loss.
To the maximum extent permitted by law (including the Australian Consumer Law), in relation to any claim in relation to the Promotion, the Promoter and its related bodies corporate, agents and contractors: (a) exclude liability for loss or damage that is indirect, special or incidental; and (b) limit their liability to, at their election and as applicable: (i) replacing or resupplying the Prize or supplying an equivalent prize; (ii) repairing the Prize; paying the cost of replacing or resupplying the Prize, acquiring an equivalent prize or having the Prize repaired.”