Terms & Conditions (Updated: 15/03/2018) The Win Big Competition Club (“Win Big”) is a service provided by Eurisko Pty Ltd ABN 86 109 388 267.
General / Overview The following Terms & Conditions shall apply to the relationship between Eurisko Pty Ltd (“Win Big “), and the end user (“You” or “Your”). By using Win Big services, You accept these Terms & Conditions, as well as the manner in which Win Big operates. These Terms & Conditions constitute the entire agreement between Win Big and You and supersede and replace all prior commitments, undertakings or representations, whether written or oral, between You and Win Big with respect of Your use of Win Big. Information on Win Big, such as the “How to Win Big” “Help” or “About Us” sections, are only recommendations and are not intended and may not be relied on as definitive rules or guidelines as to how to win competitions. Win Big is not liable or responsible for the actions of users or other individuals who have read or been informed of such information or other written material. Win Big will follow all local tax legislation for the sale of subscription packages in the countries in which it operates. Win Big Australia’s ABN is 83 109 388 267 and its registered address is 5/186 Hampden Road, Nedlands Western Australia 6009. If you have any questions, concerns, or comments about these Terms & Conditions, please email us at firstname.lastname@example.org.
Acceptance of Terms & Conditions If You do not agree to the Terms & Conditions, please do not engage or use the services offered by Win Big. If You access, use, or download in any way any service from Win Big, You agree to and are bound by these Terms & Conditions.
Changes to Terms & Conditions Win Big may change (add to, delete, or amend) the Terms & Conditions from time to time, with or without cause. Should this occur, You agree that Win Big may provide You notice of such changes in any of the following ways: via an email from Win Big, via an RSS feed, via Win Big’ blog, and/or by posting a change notice on the website for a reasonable period of time. It is Your responsibility to review any revised Terms & Conditions. Should You find any subsequent revisions to the Terms & Conditions unacceptable, You may close Your account in accordance with Win Big standard procedure. By continuing to access, use, or download in any way any service from Win Big following notice of a revision to the Terms & Conditions, You agree to and are bound by the Terms & Conditions as revised. By accepting the Terms & Conditions and/or registering with Win Big, You confirm that You are at least 18 years of age and that You can engage in a binding contract, and that You meet all other eligibility requirements contained in these Terms & Conditions. By using Win Big, You warrant that You have the right, authority, and capacity to enter into this agreement and to abide by all of the Terms & Conditions. Win Big employees and their family members (defined as parents, spouse, siblings and children) and any persons residing in the same household as Win Big employees may not under any circumstances participate in Win Big Competitions. Win Big products and services are offered exclusively to private users and not to commercial or semi-commercial retailers. Win Big reserves the right to limit in its sole discretion the number of user accounts per natural person and the number of won Competitions per user account. A single credit card must not be used in conjunction with multiple user accounts. Win Big limits the number of user accounts per natural person to one (exceptions may apply – contact support for any questions). Win Big users may not participate in collusion with other users. Win Big reserves the right to permanently suspend the accounts of users suspected of collusion. If Your account has been closed due to suspicion of collusion, You will no longer be entitled to use any remaining tokens under Your remaining subscription, or receive the proceeds for any competitions listed as ‘Competitions I’ve Won’, in your account on Win Big. ‘
Registering You may register only once with Win Big and to claim any prizes, You must provide a postal address where You reside (P.O. boxes or similar arrangements are not permitted). You agree not to have more than one account. You must not provide misleading information when registering. You must not collude to exchange information with other Win Big users. Your chosen username must not be offensive, rude, disparaging, or intended to deceive or delude other Win Big users. Your username must not advertise for other websites or services or otherwise violate the intellectual property rights of any third party. If Your username is illegal or in breach of these Terms & Conditions, Your user account may be frozen until You change the username. Win Big also may permanently close Your account without prior notice to You for violating these Terms & Conditions. You are responsible for keeping Your user account password confidential. Win Big will never ask for Your password except during login. You should never provide Your password to anyone, including Win Big’ employees. User accounts are non-transferable. Only You may use Your user account. You agree to be liable for all offensive or unlawful activities that are undertaken using Your user account.
Referrals You may refer friends to Win Big using the unique referral link on the Win Big website. Win Big offers Competition Tokens to any user who refers new users who registers and becomes a subscribed member of Win Big. Win Big reserves the right to review each referral for possible fraud. You may not refer family members or persons located in Your household. Any abuse of the referral system will result in the deduction of fraudulent Competition Tokens awarded and/or the termination of the user’s account.
Account Termination Win Big reserves the right to temporarily or permanently terminate Your account if You have violated these Terms & Conditions, any laws, or the rights of our other users or other third parties. Examples of unauthorised usage include, but are not limited to, the use of unauthorised third-party bidding or bid tracking software, the creation of multiple accounts by the same individual or other fraudulent account activity or behaviour. You agree that if You have breached these Terms & Conditions, Win Big may take any action reasonably necessary to protect Win Big’ legitimate interests or recover costs incurred as a result of Your breach (including by withholding, cancelling, or otherwise retaining any or all of Your pending deliveries and/or refunds for bids).
Subscriptions Our monthly member packages renew each month and on renewal will credit your account with the corresponding Competition Token amount as selected by you. Subscription Payments are managed through Stripe and can be cancelled via your Win Big Account or by emailing email@example.com at any time. Competition Tokens are a virtual currency and are not aligned with real world currency or currency exchanges. As such, should you cancel your account, we are unable to offer a refund on any outstanding Competitions Tokens.
Competition Tokens Competition Tokens are credited to your account on the first day that you subscribe as a member and then on the monthly anniversary of your subscription renewal. From time to time, free Competition Tokens via voucher codes may be offered. Free Competition Tokens are only valid until the expiration date stated in the promotion. Once a Competition Token is placed in a Competition, it is deducted from the user’s account.
Competition Upgrades Competition Upgrades are available to purchase from your account as one off individual purchases and include: 1. Win Big Entry Assistant The Win Big Entry Assistant manages your competition bids when you’re offline. Simply enter the maximum number of bids you’re willing to use to enter the competition and your bid assistant will take it from there! 2. Win Big Star Flower Running low on Competition ? The Win Big Star Flower will automatically add another 25 Competition Tokens to your account each day! 3. Win Big Star Flower Booster Pack The Win Big Star Flower Booster pack will supercharge your Star Flower and double the number of Competition Tokens that are added to your account each day! 4. Win Big Star-merang The Star-merang will return 25% of the Competition Token entries that you place on all losing competitions back to your account! Refunds are not available on virtual products.
Bidding You can place Competition Tokens on Competitions in two ways: (1) manually by clicking the “Submit Bid” button and/or (2) by purchasing and using the Win Big Entry Assistant function. The Win Big Entry Assistant function is an automated feature which lets You enter and bid on a Competitions even when You are not online or logged in. The Win Big Entry Assistant function will only enter and bid up to the set amount of Competition tokens that you define. Every time you place a Competition Token on a Competition, the Competition Token Tally will increase by 1, regardless of whether you place the bid manually or by using the Win Big Entry Assistant function. A Competition ends when the timer on the Win Big server(s) hits zero. The winner of a Competition is the last member the database recorded to have successfully placed a Competition Token before the timer on the Win Big server(s) hits zero. Competition Tokens are a limited licence to participate in Win Big Competitions and have no monetary value. You may not obtain any money in exchange for Competition Tokens; subject to Win Big’ limited return policy with respect to subscription memberships. If you subscribe for three or six months and decide to cancel your subscription before the end of your subscription, you will be entitled to a refund of the remaining full month portion of your subscription. Win Big may allow users in multiple countries to participate in a single Competition. Win Big offers these Competitions through a group of affiliates located in each country in which Win Big operates. By participating in these Competitions, You agree that you are participating in them solely through the Win Big affiliate located in Your country. Although users participating in Competitions are participating in a single Competition, the actual item offered and bid upon, and the retail price at which such item is presented, may vary based on the country in which the user is located. Although Win Big strives to offer identical or similar items to all users participating in a single Competition at an identical or similar price, manufacturers’ practices, product availability, currency exchange rates, and other factors make this impractical in some circumstances. By participating in a Competition, You agree that Win Big may offer a different but similar (as determined by Win Big in its sole discretion) item at a different but similar (as determined by Win Big in its sole discretion) price to users located in other countries participating in the same Competition. Win Big may, in its sole discretion, offer Competitions that allow users to choose the product they want from a specified list of products after they win a Competition. Although Win Big strives to offer products in a Competition that are of an identical or similar price, manufacturers’ practices, product availability, currency exchange rates and other factors make this impractical in some circumstances. By participating in Competitions, you agree that Win Big may, in its sole discretion, offer different products at different but similar (as determined by Win Big in its sole discretion) prices. Win Big reserves the right to, from time to time, in its sole discretion, change the price of the monthly subscriptions. Win Big has a feature called “Locked Competitions”. At some point during each Competition, at Win Big’ sole discretion, the Competition will be locked and customers who have not placed Competition Tokens on the Competition will not be allowed to do so. Also, customers who have not placed Competition Tokens on the Competition within a certain period of time or have not placed a minimum number of Competition Tokens, as determined by Win Big’ sole discretion, will be prevented from placing further Competition Tokens.
Odds of Winning Competitions Every Competition is unique and the results of all Competitions offered on Win Big depend on the number of users participating in such Competitions and the Skill of the users participating in the Competitions; precise odds of winning are therefore unavailable.
Acceptance of the Win After a Competition has ended, You must actively confirm your account and claim your prize for the Competition you have won. Once You have clicked on the confirmation button, the win is accepted. If a Competition win has not been confirmed within one (1) month of the Competition end date, Win Big may withdraw the offer to conclude the order and permanently revoke the winner’s right to claim the delivery of a prize. If Win Big does this, all bids placed in that Competition will be deemed expired and will be non-refundable. After confirming the win, the winner will receive a confirmation e-mail and the item will be sent to the address You provided. With respect to items offered by Win Big, we cannot confirm the availability of an item. Despite our best efforts, a small number of the items in our catalog may not be available at the time of confirmation. If the correct item offered as a prize by Win Big is not available, we will, at our discretion, contact You and arrange an alternative prize.
Special Promotions Any special promotions run by Win Big shall only be valid if they are announced on Win Big or in its corresponding email newsletter. Certain promotions may only be valid for a limited time, with details announced on Win Big or in our newsletter. Once the advertised time limit of any promotion has been reached, or the relevant Competition or Competitions have ended, the promotion is also finished. Any special promotions may be subject to separate terms and conditions which will be posted on Win Big’ website or in our newsletter.
Disclaimer of Warranty and Liability Regarding Use of Win Big Win Big excludes all of its liability (and that of its officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), or any third party who provides products or services purchased from or distributed by Win Big, or the like) to You arising from or in connection with these Terms & Conditions and your use or inability to use the website, software or any related services, whether in contract, tort (including, without limitation, negligence), in equity, under statute, under indemnity or arising from statutory or implied conditions and warranties, including (but not limited to) direct damages, indirect, incidental or consequential (including but not limited to loss of revenue, profits, custom, reputation or goodwill, loss-of-use damages or additional expenses incurred), or special exemplary, and punitive damages. You agree that use of Win Big is at Your sole risk. Neither Win Big nor any of its officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), or any third party who provides products or services purchased from or distributed by Win Big, or the like, warrant that websites affiliated with Win Big, including, but not limited to, Win Big, will be uninterrupted, error-free, or free of viruses, worms, trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products, and services published on Win Big may contain inaccuracies or typographical errors. Win Big makes no warranty as to the results that may be obtained from the use of Win Big or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through Win Big. Win Big shall not be responsible for any opinions, views, advice, or statements posted on Win Big (including, without limitation, in any public posting areas of the website) by any person or entity other than an authorised Win Big spokesperson. Advertisers, content providers, users, guests, independent writers, and experts are not authorised Win Big spokespersons. At no time should the opinions, views, advice, or statements provided by advertisers, content providers, users, guests, independent writers, or experts be relied upon for important personal decisions without independent verification. YOUR USE OF WIN BIG IS AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY WIN BIG ON AN “AS IS” AND “AS AVAILABLE” BASIS. WIN BIG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF WIN BIG, SECURITY OF THE WEBSITE, THE RESULTS THAT MAY BE OBTAINED FROM USE OF WIN BIG, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. WITHOUT LIMITING THE FOREGOING, WIN BIG DOES NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS & CONDITIONS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WIN BIG WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THE LIMITATIONS OF THIS SECTION SHALL APPLY NOTWITHSTANDING ANY RELIANCE ON ANY INFORMATION OBTAINED FROM WIN BIG OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORISED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT WIN BIG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS LIMITATION SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH WIN BIG. THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON WIN BIG SERVICES OR ITEMS PURCHASED THROUGH WIN BIG, FROM INABILITY TO USE WIN BIG’ SERVICES OR ITEMS PURCHASED THROUGH WIN BIG, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF WIN BIG’ SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). If You are dissatisfied with any portion of Win Big or these Terms & Conditions, You should discontinue Your use of Win Big. Disclaimer of Warranty and Liability Regarding Prizes Won on Win Big EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, WIN BIG MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY WIN BIG OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER. YOU AGREE THAT WIN BIG SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE USE, IMPROPER HANDLING, MODIFICATION, OR MISUSE OF THE PRODUCTS BY YOU OR ANY OTHER PERSON FOLLOWING DELIVERY BY WIN BIG. IN NO EVENT SHALL WIN BIG BE LIABLE TO YOU OR ANY OTHER PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, PROFITS, CUSTOM, REPUTATION OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE, AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.
Indemnity You agree to indemnify, defend, and hold Win Big and its members, managers, shareholders, directors, officers, employees, agents, affiliates, licensors, and other partners (collectively, the “Indemnified Persons”) harmless from any loss, cost, expense, liability, claim, or demand, including reasonable attorneys’ fees, suffered by any Indemnified Persons due to, arising out of, or in connection with (i) Your use of Win Big or any of the services offered by Win Big, (ii) any violation of these Terms & Conditions by You or any person acting in collusion with You, (iii) any violation of applicable law or court order by You, and (iv) any negligence or willful misconduct by You.
System Outage / Temporarily Paused Competitions A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such a case, Competitions will be temporarily paused and the remaining time for the Competitions, the current bid, and the current highest bidder will be recorded. After the disruption has been resolved, the Competitions will be continued and ten minutes will be added to the remaining times for the Competitions. Temporarily paused Competitions are clearly indicated. Star Bid Tokens placed on a temporarily paused Competitions will be credited back to Your account; however, Win Big is not responsible for any other costs incurred by You due to a system outage. Win Big reserves the right to cancel Competitions that end due to system error, bot bidders, employee bidders, technical problems, or any other reasonable reason. With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. Win Big, therefore, provides no guarantee for the constant and uninterrupted availability of the website and other technical systems. Win Big shall not be liable for any damage incurred by Competition users or third parties from using Win Big’ services. In particular, Win Big shall not be liable for damage that occurs due to bids not being received by Win Big, not being received promptly, or not being considered as a consequence of technical errors.
Intellectual Property All copyright and other intellectual property rights subsisting in Win Big (including, without limitation, the software, design, text and graphics comprised in Win Big and the selection and layout of Win Big) are owned or licensed by Win Big and protected by the laws of the USA and other countries. You are authorised to view Win Big and its contents using your web browser. You must not otherwise reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on Win Big, except as permitted by statute or with our prior written consent. Win Big’ logos are trade marks of Win Big. All rights reserved. You may not use our trade marks without our prior written consent. No right, license or interest to such trade marks is granted under these Terms & Conditions. Any other trade marks appearing on Win Big are the property of their respective owners. Service and Support for Products Won All requests for standard technical service and support on products purchased on Win Big should be made directly to the manufacturer in accordance with their Terms & Conditions. Queries regarding defective products may be made to Win Big or the manufacturer directly.
Force Majeure You agree that Win Big shall not be liable for any delay or failure in the performance of any of its obligations under these Terms & Conditions if such failure is due to an event of force majeure. A force majeure event is any act of government or state, civil commotion, epidemic, fire, flood, industrial action or organised protests by third parties, natural disaster, war, failure of payment systems, or any event beyond the reasonable control of Win Big.
Dispute Resolution By agreeing to these Terms & Conditions, You and Win Big each waive the right to participate in a class action. You agree that any and all claims, disputes, and causes of action arising out of or relating to Your use of the Win Big website or arising under these Terms & Conditions (each a “Dispute” and collectively, “Disputes”) shall be resolved as set forth in this section. Before initiating any formal Dispute resolution proceedings, You agree to negotiate with Win Big regarding any Disputes in good faith on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding. You may initiate these negotiations by sending a notice of the Dispute (the “Notice of Dispute”) to Win Big in a manner specified in the “Notices” section below. If Win Big and You do not reach an agreement regarding a Dispute within 30 days following Win Big receipt of the Notice of Dispute, Win Big and You agree to submit such Dispute to binding arbitration, on an individual basis. All administrative costs of any arbitration shall be split evenly between the parties. Each party shall be responsible for paying its own attorney fees and expert fees. To the maximum extent permitted by law, the parties agree that the arbitration award shall not include consequential damages (including, but not limited to, loss of revenue, profits, custom, reputation or goodwill, loss-of-use damages or additional expenses incurred) or punitive damages but shall only award the aggrieved party the actual damages sustained.
External Links Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. These links are provided strictly for Your convenience and do not constitute an endorsement or approval of these websites. We assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third party websites. You acknowledge and agree that Win Big is not responsible or liable for the content or accuracy of these third party websites.
Notices: Except as provided otherwise in these Terms & Conditions, all notices, requests, instructions, and other communications given to Win Big by You must be given in writing by email to firstname.lastname@example.org.