BETWEEN AREA 51 PLATINUM GIVEAWAYS PTY LTD of (Area 51) AND You (Member)

1. Acceptance and Agreement

The Parties acknowledge and agree that:

• These Terms and Conditions are a binding agreement between Area 51 and each Member;
• By purchasing a Membership with Area 51, the Member agrees that they have read these Terms and Conditions and agree to be bound by them;
• Nothing in these Terms and Conditions constitutes any relationship of agency, partnership, fiduciary or joint venture between Area 51 and the Member, or any of their Associates;
• Area 51 may alter these Terms and Conditions at any time by posting the altered Terms and Conditions on the Area 51 website at https://www.area51platinumgiveaways.com/ and the Member agrees that they will be bound by any changes to these Terms and Conditions.

2. Eligibility

The Parties acknowledge and agree that:

• To be eligible to enter the Giveaway, the Member must purchase one of Area 51’s Memberships during the Giveaway Period. This will automatically enter the Member into the Giveaway at no additional fee. The Member may purchase a Membership through the Area 51 website at https://www.area51platinumgiveaways.com/;
• All purchases of Memberships are final and cannot be refunded due to a change of mind or at the conclusion of the promotion;
• The Giveaway is open to all Australian residents over the age of 18 who enter in accordance with these Terms and Conditions of entry, except for employees of Area 51, their immediate family members (parents, spouses, domestic partners, siblings and children) or any other person residing in their household;
• Existing Members (who hold an subscription with us) will all be entered into the Giveaway. There is no limit on the number of Members who may be entered into the Giveaway [please confirm whether you would like to place a limit on the number of entrants in the Giveaway. If so, please let us know what the limit will be].

3. Membership

The Parties acknowledge and agree that:

• To participate in a Giveaway, Members must purchase a Membership as set out in the Schedule;
• Any changes to the Membership tier can be done through our Membership portal on our website at https://www.area51platinumgiveaways.com/ and will be effective from the next billing cycle [Please confirm whether this is the procedure you wish to follow changes to memberships or otherwise whether you prefer membership cancellation requests to be sent to Area 51’s email];
• Giveaway winners will be selected at random in a draw and publicly announced through Area 51’s social media platform and our website at https://www.area51platinumgiveaways.com/. The winner will also be contacted by email to arrange for delivery of the goods;
• Giveaway Items will be delivered to winners across Australia within 30 business days from the conclusion of the Giveaway;
• If a Giveaway Items remains unclaimed for a period exceeding 90 days from the initial draw, Area 51 will conduct a redraw and a new winner will be announced on our social media and website at https://www.area51platinumgiveaways.com/;

4. Payment for Membership

The Parties acknowledge and agree that:

• Memberships are not on an ongoing subscription basis and will not automatically renew at the end of the Term [please confirm whether you instead want Memberships to be on an ongoing subscription basis];
• Members can nominate and change their preferred payment method anytime.

5. Tickets

The Parties acknowledge and agree that:

• The number of Tickets and entries into a Giveaway for a Giveaway Item are set out in the Schedule.
• Pursuant to section 3 of the Lotteries and Art Unions Act 1901 (NSW), Area 51 will not charge for Tickets.

6. Giveaway Items

The Parties acknowledge and agree that:

• All Giveaway Items unless stated to the contrary are not transferable & cannot be converted to cash [please confirm whether you would prefer to offer Members the option to take cash rather the Giveaway Item].
• The value of Giveaway Items is correct at time of printing but no responsibility is accepted for any variation in the value of any Giveaway Item.

7. Indemnity

The Parties acknowledge and agree that:

• To the fullest extent permitted by law, and notwithstanding anything else in these Terms and Conditions, the Member must indemnify and keep Area 51 indemnified against any Loss sustained or incurred, or any Claim brought by any person as a result, whether directly or indirectly, of:
  • Any breach, default or non-performance of a term of these Terms and Conditions by the Member;
  • Any act or omission (including negligent acts or omissions) of the Member;
  • Any Injury to any third party.
• Area 51 assumes no responsibility for any computer system problems or technical malfunctions, including issues with servers, software, internet service providers, or e-mail systems, or failure to receive any entry due to technical problems or incomplete, late, lost, damaged, illegible, or misdirected electronic communications, or any combination thereof.
• This clause 7 survives termination.

8. Force Majeure

The Parties acknowledge and agree that:

• If any performance of these Terms and Conditions by Area 51 is prevented or hindered by a Force Majeure Event then only Area 51. (and no other Party

9. Termination of Membership

The Parties acknowledge and agree that:

Termination by Area 51

• If a Member breaches any part of these Terms and Conditions, Area 51 reserves the right to cancel the Member’s Membership.

Termination by the Member

• Members can cancel their Membership anytime.
• Cancellation requests can be done through our membership portal on the Area 51 website at https://www.area51platinumgiveaways.com/. [Please confirm whether this is the procedure you wish to follow for cancellations or otherwise whether you prefer membership cancellation requests to be sent to Area 51’s email].
• Once the cancellation process is complete, your Membership will be cancelled instantly, and you will be sent a confirmation email. No refund will be offered if you cancel your Membership mid-billing cycle for any reason or if you do not complete the cancellation process before the payment comes out. This applies to both monthly and yearly memberships as set out in the Schedule.
• Cancellation of your Membership will not remove you from our marketing database. To remove yourself from our marketing database you must click theunsubscribe link in the promotional email or SMS message (as relevant) and follow the prompts.
• You may re-subscribe to a Membership at any time. If you re-subscribe within 30 days of cancelling your Membership or your Membership is cancelled by us, you will retain all previous benefits you held under your loyalty Membership. However, if you do not re-subscribe to a loyalty membership within 30 days of cancellation or termination, any previous benefits you had as a Membership will not carry over.

10. Confidentiality

The Parties acknowledge and agree that:

• Members must at all times:
  • (i) keep confidential; and
  • (ii) not use or disclose, or attempt to use or disclose, to any other third party, any Confidential Information, except with the prior written consent of Area 51.
• This clause 10 survives termination.

11. Non-disparagement

The Parties acknowledge and agree that a Member must not directly, indirectly or expressly:

• Do anything which materially damages, or is likely to materially damage, the reputation of Area 51;
• Make or publish any negative, adverse, denigrating or otherwise disparaging representation, statement, remark or comment about the other party, that may reasonably be expected to bring, or intended to have the effect of bringing, Area 51 into disrepute;
• Cause, permit, induce or encourage any other person to disparage or otherwise make any statement or publication or remark or comment about Area 51 that may or may be likely to injure the reputation of Area 51;
• This clause 11 survives termination.

12. Privacy

The Parties acknowledge and agree that each party must:

• Obtain all relevant consents from, and provide all relevant notices to, individuals whose Personal Information is provided by a party in connection with these Terms and Conditions so as to ensure that the Parties dealings with that information pursuant to these Terms and Conditions comply with the Parties obligations under any Privacy Laws;
• Immediately notify the other party if it becomes aware of any unauthorised access to, or unauthorised disclosure of, Personal Information under its control by virtue of these Terms and Conditions, and provide advice as to whether it considers thatsuch security breach may result in serious harm to any individual to whom the information relates;
• Ensure compliance with all mandatory data breach reporting obligations arising out of the breach or suspected breach.

13. General

The Parties acknowledge and agree that:

Entire Terms and Conditions

• These Terms and Conditions constitutes the entire terms and conditions between the Parties in respect of the Membership and supersedes all prior understandings or terms in respect of the Membership between the Parties and any prior condition, warranty, covenant, indemnity, or representation given, made or imposed by a Party in connection with the subject matter of these Terms and Conditions.

Variation

• Area 51 may alter these Terms and Conditions at any time by posting the altered Terms and Conditions on the Area 51 website at https://www.area51platinumgiveaways.com/ and the Member agrees that they will be bound by any changes to these Terms and Conditions.

Severance

• If it is held by a Court of competent jurisdiction that:
  • (i) any part of these Terms and Conditions are void, voidable, illegal or unenforceable; or
  • (ii) these Terms and Conditions would be void, voidable, illegal or unenforceable unless any part of these Terms and Conditions was severed,
• then that part will be severable from and will not affect, or derogate from, the enforceability or validity of the Parties’ rights or obligations or the continual operation of the rest of these Terms and Conditions.

No waiver

• The failure of a Party to require full or partial performance of a term of these Terms and Conditions does not affect the right of that Party to require performance subsequently.
• A single or partial exercise of or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy.
• A right under these Terms and Conditions may only be waived in writing and signed by the Party granting the waiver and is effective only to the extent specifically set out in that waiver.

Jurisdiction

• The proper law of these Terms and Conditions is the law of the State of New South Wales, and the Parties submit to the non-exclusive jurisdiction of the State of New South Wales.

Notices

• A notice or other communication to a Party must be in writing and delivered to that Party (or legal representative) in one (1) of the following ways:
  • (i) Delivered personally; or
  • (ii) Posted to their address when it will be treated as having been received on the seventh (7th) day after posting; or
  • (iii) Sent by email to their email address when it will be treated as received when it enters the recipient’s information system.

14. Definitions

The Parties acknowledge and agree that in these Terms and Conditions, the following words have their corresponding meanings unless the context indicates otherwise:

• ACL means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
• Additional Fees means any fees and charges imposed by Area 51 for any additional Membership.
• ASIC means the Australian Securities and Investments Commission.
• Associates has the meaning provided to it under section 11 of the Corporations Act.
• Business Day means a day other than Saturday, Sunday, or a public holiday in the State of New South Wales.
• Claim means all claims, rights, entitlements, expectations, demands, suits, complaints, causes of action (including, without limitation, by way of cross-claim, joinder, or other application), remedies, debt, damages, compensation, restitution, account, declaratory relief, injunctive relief, specific performance, equitable compensation, equitable damages, orders for rectification, proceedings, verdicts and judgments whatsoever, whether by original claim, cross claim or otherwise, whether arising at common law, in equity, under statute or otherwise arising, whether known or unknown at the time of these Terms and Conditions, whether presently in contemplation of the Parties or not.
• Confidential Information means all information communicated and imparted and all information to be communicated and imparted and passing from Area 51, in whatever form be it oral, in writing or electronic, in any eye or machine readable form or other format, in any way related or connected with any business or affairs of Area 51 or those of any client, customer or supplier of Area 51 or those of any business, organisation, company or venture in which Area 51 holds an interest and of any client, customers or supplier of any such business, organisation, company or venture including, but not limited to, Intellectual Property, trade secrets, know-how, techniques, accounts, balance sheets, financial statements,financial information, business and marketing plans and projections, arrangements and agreements with third parties, proprietary client and customer information, customer lists, concepts not reduced to material form, ideas, designs, drawings, formulas, algorithms, instructions, techniques, methods, processes, computer programs, plans, models, prototypes, plans, short, medium and long term development programs, methods and procedures of operations or any other information likely to damage any business of Area 51 or related entity if disclosed to a third party.
• Consequential Loss means loss or damage, whether direct or indirect, in the nature of loss of profits, loss of revenue, loss of production, liabilities in respect of third parties (whether contractual or not), loss of anticipated savings or business, loss of data, interruption of business, pure economic loss, loss of opportunity and any form of consequential, special, indirect, aggravated, punitive or exemplary loss or damages, whether or not a Party was advised of the possibility of such loss or damage.
• Copyright means:
  • (i) Any copyright under the Copyright Act;
  • (ii) Any copyright under the law of a country other than Australia;
  • (iii) Rights in the nature of or analogous to the rights under the law of Australia or any other country (including future copyright and rights in the nature of or analogous to copyright).
• Copyright Act means the Copyright Act 1968 (Cth).
• Corporations Act means the Corporations Act 2001 (Cth).
• Force Majeure Event means any occurrence or omission as a direct or indirect result of which the Party relying on it is prevented from or delayed in performing any of its obligations under these Terms and Conditions and which is beyond the reasonable control of that Party and could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency but does not include any act or omission of a subcontractor (except to the extent that act or omission is caused by a Force Majeure Event).
• Gift means a good valued between [insert price range] chosen at the discretion of Area 51 and offered to members as set out in the Schedule. [Please provide further details of these ‘gifts’ to provide an incentive to the Members and also to avoid ambiguity].
• Giveaway means the giveaway carried out during the Giveaway Period.
• Giveaway Items means any one or more of the following:
  • (i) Performance intake Manifold kits;
  • (ii) Fuel injectors;
  • (iii) Fuel injector setups;
  • (iv) Fuel Rails;(v) Hi-Flow In-Tank Pump;
  • (vi) Nitrous Systems;
  • (vii) Nitrous Controller Maximisers.
• Giveaway Period means [insert frequency of these Giveaways and confirm when these Giveaways will take place].
• Holidays means those public school holidays as determined from time to time by the Government of the State of New South Wales.
• Injury includes death, injury and disease (whether physical, intellectual or mental).
• Loss means, in relation to any person, any damage, loss, cost (including, but not limited to, on a solicitor/client basis), expense or liability incurred by the person or arising from any Claim, action, proceedings or demand made against the person, however arising and whether present or future, fixed or ascertained, actual or contingent and includes Consequential Loss.
• Membership means any one or more of the membership tiers set out in the Schedule.
• Month means a period commencing at the beginning of a day of one (1) of the 12 Named Months and ending:
  • (i) Immediately before the beginning of the corresponding day of the next Named Month; or
  • (ii) If there is no such corresponding day, at the end of the next Named Month.
• Named Month means January, February, March, April, May, June, July, August, September, October, November or December.
• Parties means:
  • (i) Area 51;
  • (ii) Member,
• whether jointly or severally.
• Personal Information has the meaning as defined in any applicable Privacy Law.
• Privacy Law means any legislation or administrative requirement (as amended from time to time) imposing an obligation in relation to the collection, use, disclosure, storage and transmission of Personal Information which is applicable to a party in the performance of its obligations under this agreement, including without limitation any codes, principles or guidelines contained in or arising out of such legislation
• Related Corporation has the meaning given to related body corporate by the Corporations Act.
• Schedule means the schedule to these Terms and Conditions.
• Technology means technical information relating to or forming part of any product, including, but not limited to, methodology, techniques, drawings, outlines, notes, algorithms, detailed designs, flow charts, results, software, partial or intermediate versions and prototypes, data, formulae and other proprietary information which relates to any product or good.
• Term means the period of the Membership as set out in the Schedule.
• Termination Date means the date of termination of these Terms and Conditions pursuant to clause 9 of these Terms and Conditions.
• Terms and Conditions means these terms and conditions.

15. Interpretation

In these Terms and Conditions unless stated otherwise or the context indicates otherwise:

Numbers

• Words importing the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, words denoting one gender include all genders, and references to documents or agreements or deeds also mean those documents or agreements, or deeds as changed, novated or replaced.

Dates and times

• Parties must perform their obligations on the dates and times fixed by reference to the State of New South Wales. References to month means a calendar month.

Persons

• References to persons include corporations and bodies politic.

Representatives, assigns and Related Company

• References to a party include their legal personal representatives, successors, executors, administrators, permitted assigns and any Related Corporation of that person.

Statutory amendments

• A reference to a statute, ordinance, code or other law includes regulations and other statutory instruments under it and consolidations, amendments, re- enactments or replacements of any of them (whether of the same or any other legislative authority having jurisdiction).

Variation

• References to this or any other document include the document as varied or replaced, and notwithstanding any change in the identity of the parties.

Joint and several liability

• An obligation of two or more parties will bind them jointly and severally.

Defined expressions

• If a word or phrase is defined, cognate words and phrases have corresponding definitions.

Reconstituted bodies

• References to a body that has ceased to exist or has been reconstituted, amalgamated, reconstructed or merged, or the functions of which have become exercisable by any other person or body in its place will be taken to refer to the person or body established or constituted in its place or the person or body by which its functions have become exercisable.

Collective references

• Reference to anything is a reference to the whole or any part of it and a reference to a group of things or persons is a reference to any one or more of them.

“Dollars” or “$”

• A reference to the word “Dollars” or the expression “$” refers to the amount in the lawful currency of the Commonwealth of Australia.

Covenant

• A covenant not to do anything includes an obligation:
  • (i) Not to permit that thing to be done;
  • (ii) To use best endeavours to prevent that thing from being done by a third party.