4. Download and registration to our mobile application is free.
"comp owner" means the participant who sets up the tipping comp via the mobile application. The comp owner may choose to collect an entry fee, which will remain their responsibility as will the allocation of the comp prizes if applicable. One Pick Tipping does not facilitate these arrangements and will not enter into disputes should they arise.
"mobile application" means the One Pick Tipping application available for download at the Apple App Store or Android Google Play.
"site owner" means onepicktipping.com.au is owned by One Pick Tipping Pty Ltd ACN 609681914.
“tipping competition” means the type of competition our mobile application facilitates. Our public competition is open to all participants. All registered participants will be automatically entered into our public competition. Our mobile application facilitates the creation and entry of private competitions. Our mobile acts as a facilitator of these competitions only. The organisation, invitation and entry conditions of these private competitions are at the discretion of the comp owner. One Pick Tipping will not be liable for any dispute arising from the organisation, invitation and entry conditions of these private competitions.
"web site" means the web site at http://www.onepicktipping.com.au accessible on the internet through the world wide web.
INTELLECTUAL PROPERTY RIGHTS
6. We are the owner of all intellectual property rights in our mobile application and website, and the material we publish on it. Those works are protected by trade mark, copyright and other laws and treaties governing proprietary and intellectual property rights around the world and all our rights are reserved. Materials posted by others on our mobile application or website may also be protected by trade mark, copyright and other laws and treaties governing proprietary rights and intellectual property rights. If you copy, modify, distribute or otherwise deal with those materials, you may be infringing the rights of such third parties.
7. Except to the extent required for your personal and non-commercial use of our services or our mobile application / website in accordance with these Website Terms, you must not store, modify, copy, reproduce, upload, post, transmit, modify, sell, licence, interfere with or distribute any part of our Website without our consent.
8. Our mobile application and website may contain links to third party websites or resources. These links are provided for information purposes only, and we have no control over the content or accuracy of these websites and resources. The inclusion of a link to a third party website does not constitute an endorsement by One Pick Tipping or an affiliation between One Pick Tipping and that third party or the products or services that they offer. You acknowledge and agree that we are not responsible or liable (including for any loss or damage you suffer or incur as a consequence of your reliance on or purchase of) the content, advertising, products, services, or other materials on or available from such sites.
10. Tipping competitions are open to residents of Australia (and other countries where the law allows residents to enter tipping competitions of this nature). Entry into a tipping competition may incur an entry fee depending on the rules applied to the tipping competition by the comp owner. An individual may only be eligible for prizes if they registered as a participant once and therefore may only place one set of tips per round of the season. The comp owner reserves the right, in its sole discretion, to verify their identity of the participant. If the individual is found to have registered more than once as a participant the comp owner reserves the right to refuse to grant prizes.
11. The comp owner reserves the right not to accept registration for any participant if the registration contains anything slanderous or defamatory or is otherwise unsightly in any way, as determined by the comp owner in its absolute discretion. The participants participation in a tipping competition can be withdrawn due to unsightly conduct at any time during and after the tipping competition. This includes any registration that the comp owner reasonable suspects have been created using a computerised scripting tool.
12. By registering to One Pick Tipping via our mobile application each participant will automatically be entered our public competition. Directors and employees of the site owner and its agencies associated with this site owner and their immediate families are ineligible to enter. The winner of this competition will be awarded $1000 and a material trophy. The method of awarding this prize should be determined between the winner and One Pick Tipping Pty Ltd. In the event of a tie to determine the winner, the prize will be split evenly between participants. The awarding of this prize will remain at the absolute discretion of One Pick Tipping Pty Ltd and their determination will remain final.
13. Our mobile application allows participants to create and enter their own private competitions. One Pick Tipping reserves the right to control which participants and how many enter any private competition.
14. The rules pertaining to the operation of both the public and private competitions can be found here.
15. We are not responsible for any problems caused by the equipment or internet connection you use to access our mobile application or website.
17. We may update, change, suspend access to, or close indefinitely our Website (or any part of it or product or service offered on it) at any time.
18. You must not misuse our Website by introducing viruses, trojans, worms, logic bombs or other material, code or program which is malicious or technologically harmful. You must not attempt to gain unauthorised access to or otherwise interfere with:
a. our Website;
b. the equipment, network or server on which our Website is stored;
c. any equipment, network, server, computer or database connected to our Website; or
d. any software used in the provision of our Website.
19. To the extent permitted by law, we expressly exclude:
a. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
b. liability for any loss or damage incurred in connection with the use, access (or inability to use or access) our Website or the services offered from it, including:
c. loss of income or revenue;
d. loss of business;
e. loss of profits or contracts;
f. loss of anticipated savings;
g. loss of data;
h. loss of goodwill;
i. wasted management or office time; and/or
j. indirect or consequential losses, whether in tort (including negligence), breach of contract or otherwise, even if foreseeable or where we have been specifically advised of the possibility of such loss.
20. Any cost associated with accessing our mobile application or web site is the participant's responsibility and is dependent on the internet service provider used. A participant electing to access our mobile application or web site via wireless platforms for the purpose of registering for and/or entering tips may be subject to content service fees imposed by its telecommunications provider. No revenue sharing or commission arrangement exists between the comp owner and the telecommunications provider in relation to any such transactions.
21. Information (including but not limited to results, statistics, data, odds, figures and fixture lists) posted on our Website is provided on an “as is” basis for your information only and is not intended to amount to advice on which reliance should be placed. Your use of such information is at your own risk.
22. In the event that a prize winning participant is unable to accept their prize for whatever reason, or the prize is unable to be allocated, within three (3) months of the results being determined, the site owner will award that prize to the participant who met the eligibility criteria and would have been deemed the prize winner had the original prize winning participant not participated in the tipping comp.
23. The site owner reserves the right, at any time, to verify the validity of registrations, mobile application and web site activity and the eligibility of applicants and participants (including an applicant's or participant's identity, age and place of residence) and to disqualify any participant who submits a registration, tip, or any other information on the site that is not in accordance with these Terms and Conditions of Entry or who tampers with the registration or any processes of the web site. Failure by the site owner to enforce any of its rights at any stage does not constitute a waiver of those rights.
24. Except for any liability that cannot be excluded by law, the site owner and its agencies associated with this mobile application (including their respective officers, employees and agents) are not liable and do not accept responsibility for:
a) a participant's selections that are not received or which are received and subsequently corrupted or rejected by the web site server, whether or not after receipt by the site owner;
b) any lost, delayed, misdirected or corrupt emails messages to or from the web site;
c) the mobile application or web site not being continuously available for use;
d) any loss or damage whatsoever (including but not limited to direct, indirect or consequential loss) or personal injury suffered or sustained in connection with a participant's usage of the mobile application or the taking of a prize or otherwise relating to the conduct of the mobile application, however caused, including failure of the web site / mobile application or incorrect or corrupt data supplied by the comp owner to a participant;
e) any theft, unauthorised access or third party interference;
f) any variation in the value of any prize; or any tax liability incurred by a participant or prize winner.
25. You will indemnify us, our officers, directors, employees, agents and related companies in respect of any and all losses, costs, expenses, claims, demands, liabilities and damages (including legal fees on a solicitor/client basis) that arise in connection with your use of the Website and/or any breach by you of these Website Terms, but you will not be liable for any losses or damages we suffer or incur to the extent such loss or damage is caused by us.
26. As a condition of accepting any prize, the winner must sign any legal documentation as and in the form required by the site or comp owner and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. The winner must allow consent to capturing of personal information (including but not limited to name, address and photograph) for the use of One Pick Tipping marketing purposes. Any lack of consent will deem any winner ineligible for the awarding of any prize.
27. Information about participants is used by the comp owner to assess and process registration in the mobile application. If an applicant does not provide the required information, the comp owner cannot process the registration. All entries become the property of the site owner and will be entered into a database. Information emanating from the participant's participation in the tipping comp is used by the comp owner and its agencies associated with this tipping comp for the determination of winners and distribution of prizes, if any, awarded to a participant. Participants consent to publishing their name and score in the results section of the mobile application and as otherwise set out in these Terms and Condition of Entry. The comp owner will not be held responsible for any loss of reputation, status or otherwise in connection with a participant's tipping selections and consequential results. It is a condition of entry that participants consent to these uses and disclosures of their information. Information about participants may also be used by the comp owner, its agents, contractors and related companies, for the purposes of carrying out marketing, planning, product development and direct mail, telemarketing and promotional campaigns unless a participant otherwise withdraws their consent to the use of their information in this manner.
28. As a participant of the web site and/or mobile application, the participant agrees to receive one email per week from One Pick Tipping that contains an advertisement from a sponsor of One Pick Tipping. The Participant can elect to be excluded from said emails however some mobile application and web site features may be made unavailable.
30. Notwithstanding the comp owner's rights to not accept or to subsequently disqualify a participant, the comp owner will not be liable for any legal action arising out of any participant's name or postings on the web site or mobile application being slanderous, defamatory or unsightly to the public at large, except for any liability that cannot be excluded by law. By participating in any tipping competition accessed by our mobile application, the participant agrees to indemnify the comp owner, its agents, contractors and related companies from any legal action, claim or dispute arising in relation thereto.
31. In the event there is a dispute concerning the conduct of the tipping competition, the decision of the site owner is final and no correspondence will be entered into.
32. The site owner shall not be liable for any manufacturer defects in prizes or for any loss, damage or personal injury whatsoever which is suffered or sustained (including but not limited to indirect or consequential loss) as a result of taking a prize, except for any liability which cannot be excluded by law.
33. The use of any automated entry software or any other mechanical or electronic means that permits any person to enter the tipping competition repeatedly is prohibited and all participants or entries submitted reasonable suspected of originating from a participant engaging in such practices will be terminated at the discretion of the comp owner.
34. By entering a tipping competition all entrants:
a) assign to the site owner all rights including present and future copyright in their entry and the publicity materials in all media (including, without limitation, the internet) and whether in existence now or created in the future;
b) agree not to assert any moral rights in respect of their entry and the publicity materials (wherever and whenever such rights are recognised) against the comp owner, its assigns licensees and successors in title;
c) undertake to the site owner that their entry is not in breach of any third party intellectual property rights.
35. A failure by the comp owner to enforce any one of these terms and conditions in any instance(s) will not give rise to any claim or right of action by any other person or participant.