1. INTRODUCTION Welcome to Millionaire’s Run. The terms “Organiser”, “us”, “our” or “we” refers to Millionairesrun.com Pty Ltd ACN 612 226 392, the company that owns and operates the App, the Game and the Competition, whose registered office is 112 Bluestone Circuit, Seventeen Mile Rocks, QLD 4073. The term “Participant”, “competitor”, “you” or “your” refers to you, the Participant. The following meanings apply unless a contrary intention appears:
App means the Millionaire’s Run game application.
Agreement means the binding contract between you and us based on the Terms and Conditions.
Claims includes all claims, losses, liabilities, damages, costs and expenses (including legal fees).
Competition means the competition to win a Weekly Prize or the Grand Prize in accordance with these Terms and Conditions.
Device means any hardware by which you access, use or otherwise interact with the App, including mobile phones, smart phones, tablet computers, laptop computers and desktop computers.
Game means the game known as ‘Millionaire’s Run’ operated and played through the App.
GMT means Greenwich Mean Time.
Grand Prize means the prize awarded to the winner of the Competition in accordance with these Terms and Conditions.
In-App Purchase means any purchase made in the course of using the App or while playing the Game.
Jurisdiction means the jurisdiction in which you are domiciled or from which you access the App.
Participant means any and all persons who use the App and play the Game and enters into the Competition.
Purchase means any purchase made in relation to the App and includes In-App Purchases
Related Body Corporate has the meaning given to that term in the Corporations Act 2001 (Cth).
Related Parties means any director, shareholder of the Organiser, as well as any employee, contractor, officer or Related Body Corporate of the Organiser (or any relative or friends of any director, shareholder, employee, contractor or officer)
Revenue means net revenue generated by us through operating the App, including any Purchases and In-App Purchases.
Terms and Conditions means these terms and conditions, including any rules or guidelines posted on our Website or within the App, as amended from time to time.
Website means the website www.millionairesrun.com.
Weekly Prize means the prize awarded to a Participant each week in accordance with these Terms and Conditions.
You agree to be bound by the Terms and Conditions (as amended from time to time) when you:
(a) Access or use any part or aspect of the App or Website;
(b) Play or participate in the Game; or
(c) Make any In-App Purchase.
If you do not agree with any of these Terms and Conditions please do not participate in the Game and do not enter this Competition.
3. CHANGES THE TERMS AND CONDITIONS
We reserve the right to make changes to our Terms and Conditions at any time, We will ensure that any significant changes are notified to you by an appropriate method (for example by notice on the App or message sent to you) before the time that such changes will take effect. It is your responsibility to ensure that you agree with any significant changes made to the Terms and Conditions and your continued use of the App will be deemed to be your acceptance of any changes that we may make.
4. ACCESS AND USE OF APP
Access to the App is permitted on a temporary basis, and we reserve the right to withdraw, suspend or amend any aspect or feature of the App without notice. If the need arises, we may suspend access to the App, or part thereof, for maintenance or other purposes. We will not be liable if, for any reason, the App or any feature of the App is unavailable at any time or for any period. You are only permitted to use the App for your own personal use. You are not permitted to use the App for commercial use, unless you have our express prior written consent. You must not provide access to, or reproduce the App, or any part of it, without our express prior written consent. You must not use the App for any purpose which is or may be considered to be defamatory, abusive, obscene, unlawful, racist, sexist, discriminatory or otherwise offensive. You must not misuse the App, for example by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App. We reserve the right to suspend or terminate your access and/or use of the App and terminate your entry in the Competition at our sole discretion if we suspect that the App has been used in a way that is inconsistent with these Terms and Conditions. You are solely responsible for making all necessary arrangements for you to have access to the App, including covering all costs for accessing the App such as telecommunication and internet service provider charges. We will not be liable for any losses caused to you by the internet or any telecommunications service provider which you have engaged in order to access the App. We cannot guarantee that the App will be compatible or operate with any hardware or software that may be used by you. We are not responsible for any damage, failure or defects to any hardware or software that may be used by you. If you want to report an error or have any questions about accessibility of the App please contact us.
5. COMPETITION period
The Competition will run from 30 June 2017 to midnight (GMT), 31 March 2018 (Competition Period). We reserve the right to extend the Competition Period for up to 90 days, and should this be required, we will advise you 30 days prior to the expiry of the Competition Period.
6. Competiton Entry
By playing the Game and achieving a score through playing the Game during the Competition Period, you are deemed to have entered the Competition in accordance with these Terms and Conditions.
In the event that a Participant no longer wishes to participate in the Competition they may contact us and/or delete the App at any time.
8. Weekly Prize
Each week of the Competition Period a weekly prize of USD$1,000 will be awarded to the Participant with the highest score at the end of each week achieved by playing the Game (Weekly Prize). The weekly prize will be paid at the same time as the Grand Prize and will be contingent on the Game generating sufficient Net Revenue. The week will commence at 12:00am (GMT) each Monday and will conclude at 11:59pm (GMT) each Sunday for the duration of the Competition Period. All Participants are entitled to win the Weekly Prize other than directors, shareholders, employees and contractors of Millionaire’srun.com Pty Ltd. In the event that the highest score at the end of each week is achieved by more than one (1) Participant, the Weekly Prize will be split jointly between those Participants. Winning the weekly prize excludes eligibility to win any following week.
9. Grand Prize The Grand Prize will be a value of up to a maximum of USD$1,000,000. The total amount of the Grand Prize will be dependent on the Revenue received by us during the Competition Period, and the Grand Prize will be equal to the Revenue we receive up to the maximum of USD$1,000,000. Once we have received Revenue in excess of $1,000,000, the Grand Prize of $1,000,000 will be guaranteed and we will make this known to all participants in the Competition. The Grand Prize will be awarded to the Participant with the highest score at the end of the Competition Period achieved by playing the Game. All Participants are entitled to win the Grand Prize, with the exception of the Related Parties. In the event that the highest score at the end of the Competition Period is achieved by more than one (1) Participant, the Grand Prize will be split jointly between those Participants.
10. The Winners
All prize winners will be notified by us and will be made public on our website and social media accounts.
We will electronically transfer the prize money into each winner’s bank account. Each winner must nominate a bank account that is in their name within 10 days of being notified that they have won a prize. If they do not provide a bank account or do not give a bank account to us, we will not be required to pay the prize money until such time as bank account details are provided. All prize money is paid gross of any costs or taxes and it is the winner’s responsibility to pay any costs associated with receiving the prize money (including any taxes, costs, claims, fees etc). Our decision in relation to all aspects of this Competition is final and binding on all who enter. No correspondence will be entered into. In the event that any winners do not claim their prize, or cannot be contacted after reasonable attempts are made by us, the prize will be forfeited and will not be awarded. If a winner cannot be contacted or does not claim the prize within 20 days of notification, we reserve the right to withdraw the prize from the winner and award the prize to a replacement winner, being the Participant with the next highest score achieved by playing the Game.
11. Accepting the Prize
Each winner agrees to the use of his/her name, image, name of country and high score in any publicity material. It is a condition of accepting the prize that the winner agrees to be interviewed, photographed and/or filmed by us or our agents at any time, for a story or feature on the Competition to be developed for any form of media that we deem suitable.
You may only use the App and play the Game if your Jurisdiction allows you to do so. If you are under the age of 18, you must ensure that you have the proper permission of a parent or guardian to use the App, play the Game and enter the Competition. We will take no steps to verify your age or your ability to use the App, play the Game or enter the Competition in your Jurisdiction, however should we discover that your Jurisdiction prohibits your use of the App or Competition entry, or that you don’t have the property permissions or consent to use the App or to enter the Competition (if required), then we reserve the right to remove your access to the App and the Game and withdraw your Competition entry without notice, and no prize money shall be paid to you.
13. Restricted Jurisdictions
It is your responsibility to comply with the laws of your Jurisdiction. You are solely responsible for ascertaining whether it is legal in your Jurisdiction to access or use the App, play the Game or be a participant in the Competition. You may only access or use the App if it is legal for you to do so within your Jurisdiction. You warrant to us that it is not illegal in your Jurisdiction for you to access or use the App, play the Game or enter the Competition. No prize money shall be paid to you if you win a prize while you are located in any Jurisdiction where it is illegal to do so. Under no circumstances will we be liable for any breach of law that may occur as a result of your access or use of the App, playing of the Game or entry into the Competition.
14. Purchases and In-App Purchases
The App and the Game may allow you to make Purchases, and particularly In-App Purchases. Any Purchases, including any In-App Purchases, made by you in relation the App or while playing the Game are governed by the terms and conditions of the platform in which you made the Purchase. We do not control or manage the payment process and take no responsibility for the payment process. Please review the relevant terms and conditions of the applicable platform provider before making any Purchases. By making any such Purchase, you warrant to us that it is legal for you to do so, you have read and agreed to the terms and conditions of the applicable platform provider and that you have the consent of the credit card holder to make such Purchase. Under no circumstances will we be liable for any breach of law that may occur as a result of you making a Purchase or any Purchase that is made without the consent of the credit cardholder.
(a) By using the App or playing the Game, you hereby warrant to us that:
(i) it is legal in your Jurisdiction for you to access and use the App, play the Game and enter the Competition;
(ii) you are legally capable of entering into binding contracts, and have legal capacity to do so or have the required consents to do so;
(iii) you have the necessary consents to use the App, play the Game, enter the Competition and make any Purchases (if consent is required in your circumstance);
(iv) you will not engage in any fraudulent or illegal actions or omissions in accessing and using the App and playing the Game; and
(v) you will not engage in any manipulation of the App or the Game
(b) In the event of any of the warranties set out in sub-clause (a) above proving to be false, we will immediately terminate your access and use of the App and withdraw your Competition entry, and you will be liable to us for any Claims relating to the breach. We may also report the matter to the police, your parent or guardian, and any appropriate regulatory or law enforcement authority.
(c) You acknowledge and agree that your access and use of the App is at your sole risk. To the maximum extent permitted by law, the App and the Game are made available to you on an ‘as is where is’ basis with all faults and without any warranty of any kind. We hereby disclaim all warranties and conditions with respect to the App and the Game, either express, implied or statutory, including (but not limited to) the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for purpose, of accuracy, of quiet enjoyment, and of non-infringement of third party rights. No oral or written information or advice given by us shall create a warranty. Some Jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusions and limitations may not apply to you. Certain legislation, including the Australian Competition and Consumer Act 2010 (Cth), may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. These terms must in all cases be read subject to these statutory provisions.
16. LIMITATION OF LIABILITY and indemnity
(a) Except for any liability that cannot be excluded by law, we (including our officers, employees and agents) exclude all liability (whether under the law of contract, tort or otherwise), for any personal injury, Claim, loss or damage (including but not limited to loss of opportunity, loss of reputation or goodwill, loss of privacy or loss or corruption of information or data); whether direct, indirect, special or consequential, arising in any way out of the access and use of the App, the Game or the Competition. This includes but is not limited to any theft, unauthorized access or third party interference and any score that is not recorded or not properly recorded. This limitation of liability applies even if we have been expressly advised of potential loss.
(b) You agree to fully indemnify us and hold us harmless immediately on demand, from and against all Claims arising out of any breach of the Terms and Conditions by you and any other Claims arising out of your access, use or failed use of the App other than as expressly permitted by these Terms and Conditions.
17. Intellectual Property
You acknowledge and agree that all intellectual property rights in the App and the Game, their contents (including any software), the content and data published on or in them, and all other items created by or for us such as our rules, Terms and Conditions and marketing materials, remains at all times vested in us or our licensors. These intellectual property rights include, without limitation, copyright, trade marks, the underlying software, the design, graphics, layout, the look and feel and structure of the App, database rights, design rights, domain names and rights to goodwill and/or to sue for passing off. You are not permitted to copy or use our intellectual property, except with our prior express written consent. You acknowledge and agree that the App, the Game and the material and content contained within them, is made available for your personal non-commercial use only. Any other use of the App, the Game and the material and content contained within them is strictly prohibited. No data, file, graphics, images, documents, wording such as our terms and conditions, results or other content in the App, including content downloaded or otherwise accessed from the App, and material you may receive in connection with the App, may be copied, reproduced or distributed without our prior written consent. You agree not to, and agree not to assist or facilitate any third party to, in any manner copy, reproduce, transmit, publish, display, distribute, commercially exploit, tamper with, modify, adapt, develop, decompile, reverse engineer or create derivative works of such material and content, the App or the Game or any part of them.
18. social networks
This competition is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Instagram or any other social network. We may use social media accounts as part of our platform for running the Competition, which includes accessing images and contacting Participants.
19. personal information & privacy
20. IT Failures
We cannot be held responsible for a failure to register or properly record a score achieved in playing the Game or a failure of continued access to the App for any reason or you being disconnected from the App, including but not limited to malfunction of your Device, failure of telecommunications services or internet connections or malfunction of our hardware, software, App or any other aspect of our information technology systems, regardless of whether the fault is within our control or not.
We reserve the right to seek criminal and contractual remedies and sanctions against you if you are involved in fraud, dishonest or criminal acts and will make such reports as necessary to the authorities. We reserve the right to withhold any prize money owed to you where you are suspected of engaging in fraudulent, dishonest or criminal activities. You shall indemnify and shall be liable to pay us, on demand, all costs, charges or losses sustained or incurred by us (including any direct, indirect or consequential losses, loss of profit and loss of reputation) arising directly or indirectly from your fraud, dishonesty or criminal actions.
22. Links from or to website
Where the App or Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of these sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them or their use of any information they may acquire about you (including personal data). A link from the App or Website does not constitute an endorsement by us of the use of that link, the company or organisation behind that link or the contents of the website reached using that link. You agree not to, and agree not to assist or facilitate any third party to, create a link to our Website without our prior express written consent.
23. Applicable Law and jurisdiction
These terms and conditions are subject to the laws of Queensland, Australia.
If there is any inconsistency between these terms and conditions and anything else that refers to the competition, these terms and conditions will prevail.
25. contact us – questions, comments or complaints
Any questions, comments or complaints regarding the App, the Game or this Competition must first be directed to us.
26. communication & marketing
By entering the Competition, the Participant consents to the receipt of any messages through social media or other channels regarding the Competition, from us and other communications which informs the Participant of other publications, products, services and events.
27. tax & legal
We are not liable for any tax implications arising from prize winnings and independent legal and financial advice should be sought in this respect.
28. game of skill
The Game is a ‘game of skill’ and chance plays no part in determining the winners.
No failure or delay by us in exercising any right under these Terms and Conditions shall operate as a waiver of this right. Similarly, any single or partial exercise of any right shall not preclude any further exercise of any of these rights or the exercise of any other right.
30. partnership and agency
Nothing in the Terms and Conditions shall be construed as creating any agency, partnership or any other form of joint enterprise between you and us.
31. Entire Agreement
These Terms and Conditions including any document expressly referred to in them, our Agreement with you, and any guidelines or rules posted on our Website or within the App represent our entire agreement with you in relation to the subject matter of the Terms and Conditions and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. You agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Terms and Conditions.