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TERMS AND CONDITIONS – THE POD LEGAL 10TH BIRTHDAY CELEBRATION COMPETITION

TERMS AND CONDITIONS – THE POD LEGAL 10TH BIRTHDAY CELEBRATION COMPETITION

1. Information on how to enter the #PodLegalTurns10 promotion (the Promotion) held by The Trustee for the Pod Legal Unit Trust (ABN 92 049 430 693) trading as Pod Legal Pty Ltd (ABN 15 149 376 447) forms part of these terms and conditions of entry (Terms and Conditions).

2. Your participation in the Promotion is deemed acceptance of these Terms and Conditions.

3. If there is any inconsistency between these Terms and Conditions and anything else that refers to this Promotion, these Terms and Conditions will prevail.

4. The promoter is Pod Legal Pty Ltd (ABN 15 149 376 447) of 3 Clunies Ross Court, Eight Mile Plains, Queensland (the Promoter).

Promotion Period

5. The Promotion commences at 10:00AM AEST on Wednesday 24 March, 2021 and closes at 4:00PM AEST on Friday 30 April, 2021 (Promotion Period). Entries must be received by the Promoter prior to the Promotion close date and time.

Eligibility of entrants

6. Participation in the Promotion is open to all residents of Australia, who are aged 18 years and over.

7. Employees of the Promoter, and their friends and immediate families, are ineligible to participate in, or enter the Promotion.

Game of skill

8. Submissions will be judged on skill and creativity. This Promotion is a game of skill and chance plays no part in determining the winners. The decision of the judge or judges will be final and no correspondence will be entered into.

9. Each entrant, during the Promotion Period, is required to:

a. log in to their own Instagram account (the Entrant’s Instagram Account);

b. share their own photos and a caption describing how they have been, or would be, resilient, agile or creative in their business, via the Entrant’s Instagram Account;

c. tag @podlegal; and

d. use the #PodLegal and #PodLegalTurns10 hash tags.

10. Each entrant may submit an unlimited number of entries during the Promotion Period.

11. Entries must not include any content that contravenes any law, infringes the rights of any person or is potentially insulting, inflammatory, defamatory, obscene, offensive, discriminatory, indecent or otherwise objectionable or inappropriate.

Prize Pool

12. There are a total of nine (9) prizes to be awarded for entries submitted during the Promotion Period.

13. A valid winning entry will win one (1) of the following prizes (Prizes), as allocated under clause 14 of these Terms and Conditions:

a. Professional legal services delivered by Pod Legal to the value of $5,000 to assist your small business to flourish. Prize includes payment of up to $1,500 in third party or government fees, for example payment of government fees for trade mark applications (Prize A – valued at $5,000);

b. Professional legal services delivered by Pod Legal to the value of $3,000 to assist your small business to flourish. Prize includes payment of up to $1,000 in third party or government fees, for example payment of government fees for trade mark applications (Prize B – valued at $3,000);

c. Professional legal services delivered by Pod Legal to the value of $1,000 to assist your small business to flourish. Prize includes payment of up to $500 in third party or government fees, for example payment of government fees for trade mark applications (Prize C – each valued at $1,000).

14. The Prizes will be allocated as follows:

a. Prize A will be allocated to the first most creative and skillful entry;

b. Prize B will be allocated to the second most creative and skillful entry; and

c. Prize C will be allocated to the third, fourth, fifth, sixth, seventh, eighth and ninth most creative and skillful entries.

15. Prizes will be valid for use between 13 May 2021 and 12 November 2021 (the Validity Period). Any claim, or attempted claim, of any Prizes outside of the Validity Period will be refused and not honored in any way.

16. Acceptance and use of any components of a Prize are subject to the full terms and conditions of use, as well as any Work Proposals provided by the Promoter, to the winner of a Prize.

17. Each winner of a Prize will be responsible for all incidental charges outside the scope of the Prize.

18. The total value of the prize pool is $15,000 Australian Dollars.

19. A Prize, or any part of a Prize, is not exchangeable or redeemable for cash.

Drawing of Prizes

20. The winners of a Prize will be announced on Pod Legal Instagram and Facebook pages at 10:30AM AEST on 5 May 2021.

21. The winner of a Prize will be notified via private message, to the Entrant’s Instagram or Facebook page within 72 hours of the winners of a Prize being announced.

22. The winner of a Prize must claim their Prize by no later than 5:00PM AEST on 12 May 2021 by responding to the Promoter’s winning notification private message, providing your name and any identification that the Promoter may require.

23. If the winner of a Prize does not claim their Prize by 5:00PM AEST on 12 May 2021, then that person will forfeit the Prize and a new winner of the forfeited prize will be selected and announced.

24. The Promoter reserves the right to cancel a Prize if it remains unclaimed after two attempts to award the Prize.

25. In order to claim a Prize, the winner of a Prize must be able to prove that they were eligible to enter the Promotion at the time of submitting their entry. Failure to do so will result in their forfeit of the Prize.

26. After the Promoter has validated the winner of a Prize, that person will be contacted by the Promoter, notifying them of the Prize won and inclusions, along with further information on how to redeem the Prize.

General conditions

27. The following general conditions apply to the entire Promotion.

Copyright

28. All submissions must be the work of the individual submitting them and must not have been published elsewhere or have won a prize in any other competition, or promotion. It is the responsibility of each entrant to ensure that any entries do not infringe the copyright of any third party or any laws.

Entries

29. The Promoter reserves the right, at any time, to verify the validity of all entries and the eligibility of all entrants, including their identity, age and place of residence. The Promoter reserves the right to disqualify any entrant, who submits an entry that is not in accordance with these Terms and Conditions, or who tampers with the entry process, or who has, in the opinion of Promoter, engaged in conduct in entering the Promotion that is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or the Promoter.

30. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of their rights does not constitute a waiver of those rights.

31. The use of any automated entry software or any other mechanical or electronic means by an entrant to automatically enter the Promotion is prohibited and will render all entries for that entrant invalid.

32. Any costs associated with becoming eligible to apply, applying or participating in the Promotion, such as access to the Internet and download costs, will be at the cost of the entrant.

33. Incomplete, indecipherable or illegible entries will be deemed invalid.

Prizes

34. The Prizes (and part thereof) are not transferable or exchangeable, and cannot be taken as cash, or used in conjunction with any other offer.

35. The Promoter will not be responsible (and an entrant will not be entitled to make any claim for compensation) for any variation of the Prizes, or the value of them, during the Promotion Period, or thereafter.

36. If any Prize (or part thereof) becomes unavailable, the Promoter, in their discretion, reserves the right to substitute all or any part thereof, with a product or prize to the equal value and/or specification.

37. Should an entrant’s contact details change during the relevant Promotion Period, it is the entrant’s responsibility to notify the Promoter.

38. To the extent permitted by law, the Promoter makes no representations or warranties as to the quality and/or the suitability of the Prizes.

39. As a condition of accepting any of the Prizes, the winner of a Prize may be requested to sign any legal documentation, as and in, the form required by the Promoter and/or suppliers of a Prize, including but not limited to, a legal release and indemnity form.

40. All values and amounts that appear in these Terms and Conditions are inclusive of GST, unless expressly stated otherwise.

41. The Promoter accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over communications networks or services, the Internet, or computer or telephone networks or lines and accepts no responsibility for any problems associated with them.

42. Professional legal services shall only include the preparation and filing of Australian and International Trade Mark Applications, Requests for Expedited Examination of Trade Mark Application, preparation of Intellectual Property Licence Agreements, Intellectual Property Assignments, Website Privacy Polices, Website Terms of Use, Purchase and Shipping Terms and Refunds and Returns Policies to the value of the awarded prize.

43. Professional legal services excludes drafting of legal contracts or agreements, any legal services that do not fall within the scope of Pod Legal practice areas or any legal services other than set out in clause 42 of these Terms and Conditions.

44. Third Party and Government Fees include any payment required to a third party in conjunction with the legal services set out in clause 42 of these Terms and Conditions, to the value of the awarded prize.

Variations to the Promotion

45. The Promoter may, in their absolute discretion, but subject to any relevant law, modify, suspend, cancel or recommence the Promotion, as appropriate, if:

a. for any reason, this Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical or software failures or any other causes beyond the control of the Promoter, which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion; or

b. the entry process, the determination of the winner of a Prize is prevented or hindered by any outside agent or event, including but not limited to vandalism, power failure, tempest, natural disaster, pandemic, acts of God, civil unrest or strikes or other industrial action.

46. Where the Promoter does modify, suspend, cancel or in any way amend the Promotion, the Promoter will provide notice of this on the Pod Legal Instagram account.

47. Any cost associated with accessing any website associated with the Promotion is the responsibility of an entrant and is dependent on the Internet service provider used.

Limitation of Liability

48. Except for any liability that cannot be excluded by law, the Promoter (including their officers, employees and agents) exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of this Promotion, including, but not limited to, where arising out of the following:

a. Any technical difficulties or equipment malfunction (whether or not under the control of the Promoter);

b. Any variation in value of a Prize;

c. Any tax liability incurred by the winner of a Prize, or entrant;

d. Any theft, unauthorised access or third party interference;

e. Any entry or claim for a Prize that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;

f. A Prize, or use of a Prize; or

g. Participation in the Promotion.

49. Paragraph 48 above does not affect, and is not intended to affect, any rights a consumer might have, which are not able to be excluded under applicable Australian consumer protection laws.

Use of personal information

50. In accordance with the Pod Legal Privacy Policy, the Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this information.

Ownership of Submissions

51. All entrants will retain ownership of copyright in any entry submitted in the Promotion. However, in making a submission and entering the Promotion, an entrant provides the Promoter with a world-wide, royalty free and irrevocable licence to use the content of any submission made to enter the Promotion, including for commercial purposes.

52. Any entrants and/or winner of a Prize consent to the Promoter using their name, biographical details, likeness, image and/or voice including winning entry submission (including photograph, film and/or recording of the same) in any media, including both online and offline media, for an unlimited period without remuneration for the purpose of promoting this Promotion (including any outcome), and promoting any products or services manufactured, distributed and/or supplied by the Promoter.

General

53. If any term or condition contained herein shall be or become illegal, invalid or unenforceable, the same shall be read down, if such reading down is possible, and if found to be impossible, shall be severed and the remaining terms and conditions shall not be affected.

54. These Terms and Conditions are to be interpreted in accordance with the laws of Queensland and all parties submit to the non-exclusive jurisdiction of those Courts.

55. All enquiries in relation to this Promotion should be made by emailing us at info@podlegal.com.au.