Terms and Conditions
Gibson 1961 ES-335 Sixties Cherry Ultra Light Aged Murphy Lab 2022
Terms and Conditions
Gibson 1961 ES-335 Sixties Cherry Ultra Light Aged Murphy Lab 2022
Schedule
Promotion
Gibson 1961 ES-335 Sixties
Cherry Ultra Light Aged Murphy Lab 2022
Promoter
ZAPTARA PTY LTD trading as Dreamtone
ABN 55668457038
ACN 668457038
info@dreamtone.au
www.dreamtone.au
Promotional Period
Start: 5/4/2024, 8:30pm AEST
End: 9/5/2024, 8:30pm AEST
Prize
There are a total of one (1) individual prize
(Prizes and each the Prize), which includes:
one (1) Gibson 1961 ES-335 Sixties Cherry Ultra Light Aged Murphy
Lab 2022
Total Prize Pool Value
The total prize pool is valued at $14,499.00
(Inclusive of GST) at the date of conducting the promotion. This value is based
on recommended retail prices.
Relevant States
All Australian States and Territories,
excluding South Australia.
Entry Procedure
In order to become an eligible entrant into
the promotion, they must purchase a digital desktop wallpaper package or
Dreamtone VIP membership via the www.dreamtone.au website.
No Entry Fee is required to participate in the
promotion.
Entries must be received before the end of the
promotion period to be eligible to win. The time of the entry is determined by
the time that the registered entry is received by Dreamtone. No responsibility
is accepted by Dreamtone for any late, incomplete or lost entries.
By entering into the promotion, you agree that
your information may be published as a winner as required by the law and these
Terms and Conditions.
Entrants must enter the Promotion in their own
name and will be required to provide all mandatory information that may
include, but is not limited to, the Entrant’s full name, residential address,
age, date of birth, title, gender, email address and contact telephone number.
Maximum Number of Entries
750 entrants (each person is classified as (1)
entrant,- excluding Dreamtone VIP Members)
Draw Details
Draw Date: 10/5/2024
Draw Time: 8:30pm AEST
Draw Method: Electronic draw through www.randomdraws.com.au
Draw Location: 21 Alma Road, Leppington NSW
2179
Notification of Winners
The draw will be livestreamed via Facebook as
well as being published on the Dreamtone website. The winner will also be
notified via email & phone no later than 10/5/2024.
Unclaimed Prize Redraw
Redraw Date: 10/8/2024
Redraw Time: 8:30pm AEST
Redraw Method: Electronic draw through www.randomdraws.com.au
Redraw Location: 21 Alma Road, Leppington NSW
2179
Redemption Date
10/11/2024
Notification of Unclaimed Prize Redraw Winners
Unclaimed prize winners will be notified via
email & phone no later than 10/8/2024.
Terms & Conditions
Information on eligibility, mechanisms on how to enter, prizes and
the information in the Schedule form part of these Terms & Conditions.
Participation in the Promotion is deemed acceptance of these Terms &
Conditions.
Any capitalised terms used in these Terms & Conditions have the
meaning given in the Schedule, except where stated otherwise.
Eligibility & Entry
Entry is open to residents of the Relevant States aged eighteen
(18) years or over (Entrants). Employees, immediate family members,
retailers, suppliers and agencies related to the Promoter are not eligible
to enter in the Promotion.
To enter the Promotion, Entrants must complete the Entry Procedure
during the Promotional Period. Entries may only be submitted in accordance
with the Entry Procedure and will not be accepted by the Promoter in any
other form.
Entrants may enter the Promotion up to the Maximum Number of
Entrants.
Entries must be received by the Promoter during the Promotion
Period. Online or email entries are deemed to have been received at the
time of receipt by the Promoter and not at the time of transmission.
Incomplete and ineligible entries will be deemed invalid. Entries
will also be deemed invalid if they breach these Terms & Conditions as
determined by the Promoter in its sole discretion or any other content
guidelines notified by the Promoter during completion of the Entrant’s
completion of the Entry Procedure.
The Promoter reserves the right, at any time, to verify the
validity of entries and Entrants (including an Entrant’s identity, age and
place of residence) and to disqualify any Entrant. Failure by the Promoter
to enforce any of its rights at any stage does not constitute a waiver of
those rights.
Memberships
Entries
must be received before the end of the promotion period to be eligible.
The time of entry is the time the registration is received by Dreamtone.
No responsibility is accepted by Dreamtone for any late, incomplete or
lost entries.
The
Entrant Limit does not apply to both existing and new Dreamtone VIP
members with an active membership during the Promotion Period. There is no
limit on the amount of active members that can enter the Promotion, and an
Entrant who is an active Dreamtone VIP member does not count towards the
Entrant Limit. If the Entrant Limit is reached during the Promotion Period
then the Promotion Period will be deemed to have closed at the time the
latest entry is received and no further entries will be accepted.
Prize Draw
The draw to determine the winning Entrant (Winner) for the
Promotion will be conducted in accordance with the Draw Details. The
Prize(s) will be awarded to the Entrant or Entrants (as applicable)
randomly drawn in accordance with the Draw Details, provided the Entrant
has complied with the Entry Procedure. Where more than one Prize is
available, each Winner may only win one Prize.
The First Prize will be awarded to the first Winner drawn in
accordance with the Draw Details.
The Winner will be notified as specified in the Schedule.
The Winners’ full names and city of origin will be published on the
Site, and on the Promoter’s social media accounts, including but not
limited to, Facebook, Twitter and Instagram. Such publication will be done
within 30 days of the Draw Date. It is a condition of entry into the
Promotion that the Winner consent to the publication of such information
and participates in any media releases which may include photographs of
the Winner by the Promoter. By entering into this Promotion, entrant’s
consent to the use of their names and likenesses in this manner.
Entrants are responsible for any and all expenses incurred when
entering the Promotion and accessing, claiming and/or using the Prize
(unless otherwise stated on the Site).
As the Promotion is a game of chance, and subject otherwise to
these Terms & Conditions, skill plays no part in determining the
Winner and each valid entry will NOT be individually judged. Each entry
has an equal chance of winning. The Winner will be confirmed by the
Promoter. The Promoter’s decision is final and no correspondence will be
entered into with Entrants regarding the decision.
In the event that a Winner’s entry is deemed or found to be
invalid, the Promoter may redraw or decide on another Winner.
Prizes
The Prize(s) are specified in the Schedule. THE PRIZE IS NOT
TRANSFERRABLE AND NOT REDEEMABLE FOR CASH, subject to the Schedule.
If any Prize is unavailable and the Promoter has used all
reasonable efforts to arrange the Prize, the Promoter may, in its absolute
discretion, reserve the right to substitute the Prize with a prize of
equal value and/or specification, subject to any written directions from a
regulatory authority.
The Promoter and/or any supplier of the Prize or any part of the
Prize may in their absolute discretion:
(a) reserve the right to refuse
to allow the Winner or their companion(s) (if any) to take part in any or all
aspects of the Prize if they reasonably believe the Winner or their
companion(s) (if any) represent a safety risk or for any other reason; and
(b) may cancel the relevant component of
the Prize if the conditions are deemed dangerous.
Claiming Prizes
The Prize(s) must be claimed by the Redemption Date in accordance
with any claim instructions set out in the Schedule. The Promoter may
require the Winner to provide relevant evidence in order to claim the
Prize, such as proof of identity, age, and any relevant proof of purchase.
If the Winner does not claim the Prize before the Redemption Date,
the Prize will be deemed to be forfeited by the Entrant.
If any Prize remains unclaimed, a second draw or selection for the
Prize, known as an Unclaimed Prize Redraw, will take place in accordance
with the Schedule, subject to any directions from a regulatory authority.
The alternative Winner, if any, will be notified in accordance with the
Schedule, specifically Notification of Unclaimed Prize Redraw Winners.
The Promoter will deliver the Prize to the Winner (must be within
Australia) within 14 days of the Draw Date. Should circumstances outside
the Promoter’s control occur, which cause a delay in delivery of the
Prize, the Promoter will not be liable.
General
Personal information: The Promoter collects personal information
from all Entrants in order to conduct the Promotion and may, for this
purpose, collect, use and disclose such information to third parties,
including but not limited to agents, contractors, service providers, Prize
suppliers and as required, to regulatory authorities. Please see the
Promoter’s Privacy Policy (linked in the footer of www.dreamtone.au) for
more information about how the Promoter collects, stores, uses and
discloses personal information, including details about overseas
disclosure, access, correction, how Entrants can make a privacy-related
complaint and the Promoter’s complaint-handling process. By providing
personal information to the Promoter, the Entrant agrees to the
collection, use, storage and disclosure of that information and the
Promoter’s Privacy Policy.
Non-Excludable Guarantees: Nothing in these Terms & Conditions
limits, excludes or modifies or purports to limit, exclude or modify any
legislation which cannot lawfully be excluded or limited, including the
statutory consumer guarantees as provided under the Competition and
Consumer Act 2010 (Cth) or any other applicable State or Territory
legislation (Non-Excludable Guarantees).
Consequential Loss: Despite anything to the contrary, to the
maximum extent permitted by law, the Promoter will not be liable under
these Terms & Conditions for any consequential loss including but not
limited to loss of profit (including anticipated profit), loss of benefit
(including anticipated benefit), loss of revenue, loss of business, loss
of goodwill, loss of opportunity, loss of savings (including anticipated
savings), loss of reputation, loss of use (including both real and
anticipatory) and/ or loss or corruption of data, whether under statute,
contract, equity, tort (including negligence), indemnity or otherwise.
Liability: Except for any liability that cannot be excluded by law
(including the Non-Excludable Guarantees), the Promoter (including its
respective officers, employees and agents) will not be liable to an
Entrant for, and the Entrant waives and releases the Promoter in respect
of all liability (including but not limited to all expenses, costs,
damages, claims, losses) arising in any way out of or in connection with:
(a) any act or omission of an Entrant;
(b) any breach of these Terms & Conditions by the Entrant;
(c) any personal injury or death or property loss or damage;
(d) claiming the Prize;
(e) use of the Prize in any way;
(f) any theft of any Prize or unauthorised access or third-party
interference in the Promotion;
(g) any entry or Prize claim that is late, lost, altered, damaged,
delayed, corrupted or misdirected (whether or not after their receipt by
the Promoter) due to any reason beyond the reasonable control of the
Promoter; or
(h) any tax liability incurred by a Winner, except to the extent
such liability was caused or contributed to by the Promoter’s negligent
act or negligent omission.
Force Majeure: Neither party will be liable for any delay or
failure to perform their respective obligations under this Agreement if
such delay or failure is caused or contributed to by a Force Majeure
Event. Force Majeure means any event or circumstance which is beyond a
party’s reasonable control including but not limited to, acts of God
including fire, hurricane, typhoon, earthquake, landslide, tsunami,
mudslide or other catastrophic natural disaster, civil riot, civil
rebellion, revolution, terrorism, insurrection, militarily usurped power,
act of sabotage, act of a public enemy, war (whether declared or not) or
other like hostilities, ionising radiation, contamination by
radioactivity, nuclear, chemical or biological contamination, any
widespread illness, quarantine or government sanctioned ordinance or
shutdown, pandemic (including COVID-19 and any variations or mutations to
this disease or illness) or epidemic.
Online entries: In the event that a dispute arises as to the
identity of an online Entrant, the entry will be deemed to have been
submitted by the authorised account holder of the email address. The
authorised account holder means the natural person who is assigned to an
email address by an Internet access provider, online service provider, or
other organisation that is responsible for assigning email addresses for
the domain associated with the email. The Promoter may ask any Entrant to
provide the Promoter with proof that such party is the authorised account
holder of the email address associated with the entry.
Legal Warning: Any attempt, deliberate or otherwise, to cause
malicious damage or interference with the normal functioning of the Site,
or the information on the Site, or to otherwise undermine the legitimate
operations of the Promotion may be a violation of criminal and civil laws
and, should such an attempt be made, whether successful or not, the
Promoter reserves the right to seek damages to the fullest extent
permitted by law. If the Promoter suffers loss or incurs any costs in
connection with any breach of these Terms & Conditions or any other
legal obligation by an Entrant, the Entrant agrees to indemnify the
Promoter for those losses, damages and costs.
Social Media: Social media membership pages, applications and use
of social media generally is subject to the prevailing terms and
conditions of use of the social media platform. Unless otherwise indicated
in these Terms & Conditions, the Promotion is in no way sponsored,
endorsed or administered by, or associated with, any social media platform
including, but not limited to, Instagram, Facebook, TikTok, YouTube, Twitter
and Pinterest. If an Entrant uses social media to participate in the
Promotion, the Entrant understands that they are providing their
information to the Promoter and not to any social media platform. Entrants
are solely responsible and liable for the content of their entries and any
other information they transmit to other Internet users. By participating
in the Promotion, the Entrant releases Instagram, Facebook, TikTok,
YouTube, Twitter, Pinterest or applicable social media site from all
claims, liabilities, suits, actions and expenses, including costs of
litigation and reasonable legal costs associate with the Promotion.
Currency: Unless the contrary intention appears, a reference in
these terms or in any advertisement relating to the Promotion, to
Australian dollars, dollars, AUD$ or $ is a reference to the lawful
currency of Australia.
Amendments: If for any reason any aspect of this Promotion is not
capable of running as planned, including by reason of computer virus,
communications network failure, bugs, tampering, unauthorised
intervention, fraud, technical failure or any cause beyond the control of
the Promoter, the Promoter may in its sole discretion cancel, terminate,
modify or suspend the Promotion and invalidate any affected entries, or
suspend or modify a prize, subject to State or Territory regulation.
Jurisdiction: These Terms & Conditions are governed by the laws
of the States and Territories in which the Promotion is conducted and the
Commonwealth of Australia. Entrants submit to the jurisdiction of the
courts of their State or Territory.
Entire Agreement: These Terms & Conditions represent the entire
agreement between the Promoter and any Entrant (including the Winner) with
respect to its subject matter and supersede any prior agreement,
understanding or arrangement between the Promoter and any Entrant
(including the Winner), whether oral or in writing.
Dispute: In the event of a dispute, Entrants must contact the
Promoter and attempt to resolve the dispute in good faith. If the matter
cannot be resolved, either party may refer the matter to a mediator. The
costs of the mediation will be shared equally between the parties.
Representations: The Promoter excludes all, warranties, guarantees
or representations (whether express or implied) except as expressly
provided in these Terms & Conditions.
Intellectual property rights: All intellectual property rights in
the entries vest in the Promoter upon submission of the relevant entry.
Where the Promotion involves submission of any materials including but not
limited to answers to questions, a statement, idea or opinion, video or
voice recordings, images, works of art, designs or photographs (Content),
all Entrants represent, warrant and agree that:
(a) the Content must not contain any viruses or cause or be likely
to cause any injury or harm to any person or entity;
(b) the Content must be the work of the individual submitting it;
(c) the Content must not have been published elsewhere or
have won a prize in any other competition or promotion;
(d) before submitting the Content, Entrants have obtained all
appropriate consents and/or permission relating to a person who appears
in, or whose property appears in, the Content.
(e) each Entrant must warrant that the submission of the Content
does not infringe the intellectual property rights of any third party.
Entrants must warrant that the Content they are submitting is their own
work and that they own the copyright for it;
(f) the Promoter may remove or decline to publish any Content
without notice to the relevant Entrant;
(g) the Promoter may use their likeness, image and/or voice in the
event that the Entrant is the Winner (including photograph, film or
recording) in any media whatsoever throughout the world for the purpose of
promoting this Promotion or other similar promotions and promoting any
products manufactured, distributed and or supplied by the Promoter. The
Entrant will not be entitled to any remuneration for such use.
HD Resolution wallpaper downloads are owned by Dreamtone and cannot
be sold or distributed by anyone other than Dreamtone.
Last updated: 25 March 2024.
Membership Terms and conditions
Acceptance of Terms
These terms and conditions, as amended from time to time, govern the use of any goods or services provided by the registered company ‘ZAPTARA PTY LTD’ (ACN:668457038) trading as ‘Dreamtone’. Any use of the website, any goods or services of Dreamtone and any purchase of membership constitute an agreement to and acceptance of the terms and conditions, as amended. Amendments to the terms and conditions may result in changes to the website and any goods or services or promotions that it offers. Amendments are effective when they are updated on the website and any members of Dreamtone or users of the website, goods or services agree to and are bound by those changes.
Your use of this site and/or the service, or the purchase of one of our memberships, signifies your agreement to these terms and conditions and constitutes your binding acceptance of them, including any modifications that Dreamtone makes from time to time. If you do not agree to these terms and conditions, you may not use the Site or the Service.
Dreamtone may amend these terms and conditions at any time by posting the amended Terms and conditions on the Site, and you agree that you will be bound by any changes to these terms and conditions. Dreamtone may make changes to the Site and/or the Service at any time. You understand that Dreamtone may discontinue or restrict your use of the Site and/or the Service for any reason or no reason with or without notice.
Privacy Policy
By purchasing a membership and using the Dreamtone platform or entering one of the Dreamtone giveaways, you represent that you have read and consent to the Dreamtone Privacy Policy in addition to these terms and conditions. Dreamtone may revise the Privacy Policy at any time, and the new versions will be posted on the Site. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Site and/or the Service.
1. Goods & Services.
The Dreamtone site is a membership and rewards platform that offers its members discounts at guitar and music related brands across Australia. Members will be provided access to a member’s dashboard where they can utilise the discounts on offer and manage all their payments depending on what package they have and update details as needed.
Dreamtone reserves the right to add, change, modify, suspend or discontinue any portion of the Service, in its sole discretion, at any time. Your use of the Site and/or the Service, including the availability of new services through the Site, shall be subject to these terms and conditions. In addition, Dreamtone may impose limits on any portion of the Service or restrict your access to portions of or the entire Site in its sole discretion without notice or liability.
2. Support
Dreamtone supports all registered and official Australian Business Partners of the Dreamtone Network. To become a registered partner please contact us at info@dreamtone.au
3. Refunds, returns, and exchanges
You may cancel any membership or subscription at any time by notice in writing, with such cancellation to take effect once received by Dreamtone. You are not entitled to any refund of any subscription or membership fee if you chose to cancel your service during any period of membership. Members will be provided with the full 30 days etc of discounts before their membership is terminated.
Our goods and services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures you are entitled to:
· cancel your service contract with us; and
· a refund for the unused portion or compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods.
If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service. Refunds or rectifications cannot be given for reasons such as change of mind or failure to not understand properly.
To use certain portions of the Site and Service, you will be directed to register on the Site and create a user profile or account (Account). Eligibility is limited to persons equal to or over the age of 18. All Australian residents are eligible to become members (excluding South Australian residents). As part of the registration process, you may be asked to submit your name, address, email address and/or similar information and to select a password.
You agree that all information you provide to Dreamtone for purposes of creating an account (Registration Information) will be true, accurate, current, and complete and your failure to provide such information shall constitute a breach of these terms and conditions and may result in the immediate termination of your Account.
You agree to promptly update your Registration Information to keep it true, accurate, current, and complete; and maintain the confidentiality of your password. In creating an Account, you shall not select or use the email address or username of another person with the intent to impersonate that person, use a name subject to the rights of any other person without authorisation, use an email address or username that is profane, offensive, or otherwise inappropriate or (d) allow any other party to use your Account and/or password except as set forth herein. You may not share or transfer any Account. You may not disclose your password to anyone. You agree to immediately notify Dreamtone by sending an email to info@dreamtone.au of any known or suspected unauthorised use(s) of your Account or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password. You understand and agree that you shall be liable for all activities that occur under any Account created for your use, even if such activities were not committed by you. Dreamtone is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.
Dreamtone employees, directors, managers and their respective immediate family members (i.e., parents, spouses, domestic partners, siblings and children) or any other person residing in the same household as a Dreamtone, employee, director or manager may not win the offered giveaways.
4. Termination of Account.
By becoming a member, you agree that Dreamtone has full ownership rights of your Account and Dreamtone may stop offering the Service at any time. Further, Dreamtone may cancel your Account, delete all of your Registration Information and any other information you have provided through the Site (collectively, User Content) associated with your Account at any time, without notice, for any reason or no reason including, without limitation, your violation of these terms and conditions.
Dreamtone will not be liable for any damages or loss resulting from the removal of any user content from the site and/or the service. You may cancel your account at any time by contacting info@dreamtone.au and cancellation will take effect once administration has processed. Dreamtone reserves the right to temporarily or permanently restrict or block access to the Site and/or the Service to any users who have had their Accounts cancelled.
6. Loyalty Memberships
Dreamtone offers an ongoing subscription to the Dreamtone platform that is direct debited monthly until cancelled. This membership provides customers with unlimited time on the platform while their loyalty membership is active. Upgrading/Downgrading of memberships comes into effect on the next billing cycle. Dreamtone will also have access to exclusive giveaways only for loyalty members. Loyalty members accumulate entry(s) for every month that they are debited. Entries are generated based on the current membership status of the customer. These entries accumulate and are valid for every promotion that Dreamtone holds including trade promotions. For details on the promotion please refer to the T&C associated on the relevant promotion.
Loyalty members can upgrade/downgrade as often as they like, each upgrade/downgrade comes into effect on the next billing month. To amend your upgrade/downgrade of a membership, notify Dreamtone via info@dreamtone.au 3 days before the next billing period. While upgrading/downgrading entries are generated based on the two factors, the months the subscription is active and the highest tier that the loyalty member is currently on when the entries are generated for the next promotion.
All memberships and rights and property associated with the memberships are personal and may not be shared or transferred.
7. Termination of Loyalty Membership
Upon cancelling your loyalty membership which must be done via email to info@dreamtone.au you will remove all future payments and remove the bonus accumulated entries from all future promotional giveaways. Terminating your loyalty membership does not remove you from our mailing or text lists, these must be done via the associated links as they are sent via third parties.
In the event of your payment not going through, there are 3 automatic attempts made to bill your account. The system attempts every day for 3 days from initial payment failure. On the 3rd and final attempt, if there are insufficient funds your subscription will be terminated and your loyalty streak lost. Once a subscription is cancelled accumulated history for that subscription is lost. If you want to continue your subscription, please follow the instructions in the notification emails provided or login to the member’s dashboard and update your banking details. Please note that the system only allows 3 attempts which is inclusive of the user manually attempting to charge the account.
8. Use of Site and Service.
You agree that you will not, in connection with your use of the Site, or Service, violate any applicable law or regulation. Without limiting the foregoing, you agree not to (i) make available through the Site any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity); (ii) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Site and/or the Service or otherwise attempt to disrupt the Site and/or the Service or any other person’s use of the Site and/or the Service; or (iii) attempt to gain unauthorised access to the Site, Service, Accounts registered to other users, or the computer systems or networks connected to the Site and/or the Service.
Furthermore, you may not use the Site to develop, generate, transmit or store information that: (a) is defamatory, harmful, abusive, obscene or hateful; (b) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Site and/or the Service, (c) performs any unsolicited commercial communication not permitted by applicable law; (d) constitutes harassment or a violation of privacy or threatens other people or groups of people; (e) is harmful to children in any manner; (f) violates any applicable law, regulation or ordinance; (g) makes any false, misleading or deceptive statement or representation regarding Dreamtone and/or the Site or Service or (h) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person’s identity (whether a real identity or online nickname or alias).
You agree that you will not (i) obtain or attempt to obtain any information from the Site including, without limitation, email information of other Account holders or other Software data; (ii) intercept, examine or otherwise observe any proprietary communications protocol used by the Site or Software, whether through the use of a network analyser, packet sniffer or other device; (iii) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorised access to, or distort, delete, damage or disassemble, the Site or Software.
All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Site or Service, such as your suggestions regarding improvements that we make to the Site or Service (collectively, Comments) will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory relating to submissions. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make. By posting Comments or any other content, you warrant and represent that you own the rights to such or are otherwise authorised to post, distribute, display, perform, transmit, or otherwise distribute such Comments and content and grant us the right to do the same. You hereby irrevocably waive any claims based on moral rights and similar theories, if any.
Your User Content, and the contents of all of your Comments and other online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Service and may be disclosed: (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where we believe that the Site or Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organisations for the purposes of fraud protection and credit card theft reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of Dreamtone, including to enforce these terms and conditions. By entering into these terms and conditions, you hereby provide your irrevocable consent to such monitoring, access and disclosure.
When accessing the Site you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.
You shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any content you provide or transmit, or that is provided or transmitted using your account. The burden of proving that any content does not violate any laws or third-party rights rests solely with you.
The Site and the Service are operated by Dreamtone in Australia. Those who choose to access the Site, and/or the Service from locations outside of Australia can do so on their own initiative and are responsible for compliance with applicable local laws.
9. Third-Party Products, Services + Discounts from Our Partners.
Third party services, content, information, and products may be made available by Dreamtone on or through the Site. Third Party Products, services and discounts are provided solely for the benefit of our paid members and Dreamtone makes no representations or warranties regarding any Third-Party Products, services and discounts and takes no responsibility and assumes no liability for any Third-Party Products, services or discounts. Third Party Products, services and discounts are subject to the applicable terms and policies of the third parties that offer them.
10. Hyperlinks.
Links from the Site. The Site may contain links to websites operated by other parties. Dreamtone provides these links to other websites as a convenience and use of these sites is at your own risk. The linked sites are not under the control of Dreamtone, and Dreamtone is not responsible for the content available on the other sites. Such links do not imply Dreamtone endorsement of information or material on any other site and Dreamtone disclaims all liability with regard to your access to and use of such linked websites.
Links to the Site. You may not place a link to the Site on another website without our prior written consent and, without limiting the foregoing, you must adhere to Dreamtone inking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Dreamtone and/or its licensors’ names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organisation or entity is sponsored by, affiliated with, or associated with Dreamtone (iii) when selected by a user, the link must display the Site on full-screen and not within a frame on the linking site, and (iv) Dreamtone reserves the right to revoke its consent to the link at any time and in its sole discretion.
11. Dreamtone Intellectual Property and Intellectual Property Infringement.
The interfaces, content, arrangement and layout of the Site including, but not limited to, the Dreamtone logo, designs, text, artwork, graphics, images, buttons, user interfaces, information and other content, and any compilation of the foregoing (Dreamtone Intellectual Property) are the property of Dreamtone, except where otherwise noted, and are protected from copying, imitation, communication, or simulation under Australian. and international laws and may not be reproduced, modified, communicated, displayed, distributed, or transmitted without the prior written permission of Dreamtone.
You understand and acknowledge that, by visiting the Site, you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Site. You agree not to display or use any Dreamtone Intellectual Property or third party content located on the Site in any manner not expressly permitted under these terms and conditions.
12. Representation and Warranties of Members
The Participant represents and warrants that it shall not contact the any affiliate, employee, sponsor or partner of Dreamtone in order to manipulate the Contest results.
13. Marketing Emails and Texts
By becoming a member or customer of Dreamtone the Participant agrees to subscribe to our marketing list and receive emails and text messages from time about our products and services. As required by law, there is always an option to unsubscribe from marketing emails and texts when you receive them.
Consumer rights & obligations
The Australian Consumer Law (ACL) requires businesses to provide consumer guarantees for goods and services that apply regardless of any warranty, and cannot be excluded.
For any minor problem with goods or services provided the Dreamtone may choose at its discretion whether to remedy the problem by replacing, repairing or refunding a consumer.
For any major problem a consumer can choose to obtain a full refund or replacement by returning any goods and services, or can keep the product and request compensation for the reduction in value of the product.
14. Giveaway Disclaimers
By becoming a member or Customer of Dreamtone the Participant agrees to enter the Contest and Agrees that:
Any and all disputes, claims and causes of action arising out of or in connection with the Contest and the promotional gifts shall be resolved individually with any form of class action;
Any claims judgments and awards shall be limited to actual out of pocket costs incurred in entering the Contest, but under no circumstances will Dreamtone be responsible for any legal fees;
Participants hereby waive all rights to claim punitive, incidental or consequential damage and any rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out of pocket expenses incurred in entering the contest.
In no event will Dreamtone, their licensees, parents, affiliates, subsidiaries and related companies, their advertising or promotional agencies or their respective officers, directors, employees, representatives and agents, be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising from access to, or use of, this website, electronic or computer malfunctions, or entrant participation in this contest, even Dreamtone was advised of the possibility of such damages.
Dreamtone reserves the right to disqualify any Participant found to be tampering with or otherwise abusing any aspect of this Contest as solely determined by Dreamtone.
In the event the Contest is compromised by non-authorised human intervention, tampering or other causes beyond the reasonable control of Dreamtone, that corrupt or impair the administration, security, fairness or proper operation of the Contest, Dreamtone reserves the right to suspend, modify or terminate the Contest.
Any attempt by a Participant to deliberately damage the website or undermine the legitimate operation of this contest is a violation of criminal and civil laws, and should such an attempt be made, Dreamtone reserves the right to seek damages from any such Participant to the fullest extent permitted by Law.
Dreamtone assumes no responsibility for any problems or technical malfunction of computer systems, servers, software, internet service provider, or e-mail systems, failure of any entry to be received on account of technical problems or incomplete, late, lost, damaged, illegible or misdirected electronic communications, or any combination thereof.
The Contest is void where prohibited or restricted by law.
Last Updated: 14 January 2024.