www.Swopstakes.com (“Website”) is owned and operated by Six Faces Pty Ltd (“6F”) with ACN 158 990 946.
Through the Website, 6F provides online sweepstakes (“Services”) related to Sport and Racing.
Any reference to the 'Website' shall include reference to all the Services offered by 6F, through the Web and includes any content or data, sub-domains of the Website, or related top-level domains, mobile sites, Apps, APIs and widgets.
Any reference to '6F', 'Website', 'The Website', 'us' & 'we' shall mean '6F' and/or 'Website'.
These ‘Terms of Service’ (“TS”) shall govern the conditions for the access and use of the Website.
6F reserves the right to update, modify or amend the TS and all other terms policies or rules, at any time without any prior notice. Your continued use of the Website following any such change, shall be deemed to be an unconditional acceptance of such update and you agree to be bound by any such update.
Although, 6F would take efforts to notify you, it is your responsibility to check the TS regularly for any change(s). Some of the Services, provided by 6F, may be subject to additional terms, policies, rules or regulations, set down in that respect. To the extent that these TS are inconsistent with the additional terms set out for such Services, the additional terms shall prevail over the TS.
Any person accessing, using or utilising the Website, in any manner whatsoever (“User(s)”) shall be bound by these TS and all other terms, policies or rules formulated by 6F in relation to the Website. The User Id registration on the Website, furnishing of any information on the Website such as clicking or selecting ‘agree’ or ‘ok ’etc, by a User shall be construed to be a use of the Website and implies full and unconditional acceptance by the User of the TS.
If you do not agree to be unconditionally bound by the TS, you should immediately stop accessing or using the Website in any manner whatsoever.
Ownership of the Website, Intellectual Property, Copyright and Trademarks
6F is the owner and/or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by trademark, copyright and other laws and treaties governing proprietary and intellectual property rights around the world and all of 6F’s rights are reserved.
Materials posted by others on our Website may also be protected by trademark, copyright and other laws and treaties governing proprietary rights and intellectual property rights. If you copy, modify, distribute or otherwise deal with those materials, you maybe infringing the rights of such third parties.
In the event of any non-compliance with the TS or any other terms, policies, rules or regulations set-out by 6F for the use of the Website, 6F is empowered to immediately terminate the access or usage of the Website, and remove non-compliant information and/or content.
Access to and/or use of the Website is for personal, non-commercial use only. You are not permitted to use images, User Ids, email addresses or other information on the Website that will identify or promote a business or business name without the express written permission of 6F.
Access to and/or use of the Website is limited to persons aged eighteen (18) years or older. If you are under eighteen (18) years of age, you should immediately stop accessing or using the Website in any manner whatsoever.
Whilst 6F will obtain all approvals, permits and licences necessary to operate the Website in Australia, access to and/or use of the Website is limited to jurisdictions where it is legal to do so.
It is your responsibility to comply with the laws of your jurisdiction. You may only access or use the Website if it is legal for you to do so within your Jurisdiction. You are solely responsible for ascertaining whether it is legal to access or use the Website to its full extent in your Jurisdiction. You may only access or use the Website 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 Website to its full extent. Any Prizes will be forfeited if you win while 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 Website.
If you reside in a Jurisdiction where it is illegal to access or use the Website you must immediately stop accessing or using the Website in any manner whatsoever.
You consent, unless otherwise expressed in writing and addressed to 6F, to receiving communications, including but not limited to announcements, administrative messages and advertisements / promotions from 6F or any partner, licensor, licensee or associate. In case of such consent, you agree to receive communication by marking emails from 6F in the ‘safe senders’ list.
6F shall not be held liable, in case any email remains unread by you or the same getting delivered to your junk or spam folder.
You shall not offer, attempt to offer, trade or attempt to trade, either directly or indirectly, in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
You agree to not create any liability for 6F or cause 6F to lose the services of the internet services provider that houses the Website, whether in whole or in part. If you acquire information about any act or transaction in violation of the TS any other terms, policies, rules or regulations set-out by 6F, you shall take all steps to inform 6F immediately.
You agree not to hold 6F responsible for any content contributed by another person or User on or in relation to the Website. You acknowledge that 6F is not responsible for any statement or opinion expressed by any user on the Website.
You acknowledge and agree that you shall at all times act in compliance with the applicable laws, rules and regulations in place for your Jurisdiction.
In the event of any non-compliance with the TS or any other terms, policies, rules or regulations set-out by 6F for the use of the Website and its technology, 6F is empowered to immediately terminate the access or usage of the Website and remove such non-compliant information and/or content.
You agree not to use cheats, exploits, automation, software, bots, hack, agents, robots or scripts or any unauthorised third party software designed to modify or interfere with the Website.
You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in or otherwise transfer any right to the technology or software underlying the Website.
You agree not to modify or cause to be modified any files or software that are part of the Website. You agree not to restrict, disrupt or overburden or assist in restricting, disrupting or overburdening any computer or server used to offer or support the Website.
You agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt the Website or any Service.
You shall not attempt to gain unauthorised access by any means to another User’s records, to Servers or networks connected to the Website including without limitation to circumventing or modifying or attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify any security, technology, device, or software that underlies or is part of the Website.
Any unauthorised access to the Website or any part thereof is a breach of the TS. You and any other persons' agree not to access the Website by any means other than through the interface that is provided by 6F for use in accessing the Website. You also agree not to use any automated means, including, without limitation, agents, robots or scripts to access, monitor or copy any part of the Website, except those automated means that 6F approved in advance in writing.
In the event of any non-compliance with the TS or any other terms, policies, rules or regulations set-out by 6F for the conduct of use of the Web site and its technology, 6F is empowered to take action to address the non-compliance and such action can include but is not limited to:
- close or suspend your access and; or
- remove any non-compliant information and/or content.
You Can Have Only One User ID
You will not register, operate and/or maintain more than one User ID with 6F. If we identify any user with more than one User Id or more than one User ID per IP address or household, we reserve the right to treat any such User Ids as one joint User Id and/or close any additional User Ids.
If there are multiple entries in an individual Swopstakes Game, event or promotion using different User Ids from the same IP/device, all the entries will be void in this situation.
This includes different User Ids but deemed by 6F to be from the same IP/device.
Proper Use and Protection of Your Password
You agree to not release your password to another person(s). You are not to use another person’s password. You are responsible for maintaining the confidentiality of your User Id and password. You agree to immediately notify 6F of any unauthorised use of your password or User Id or any other breach of security.
You agree to logout / sign-out of your User Id at the end of each session.
You agree to use comment boxes, chat areas, news groups, forums, communities and/or any other message or communication facilities only to send and receive messages that are proper, appropriate and related to the Website.
You agree to change your password often.
6F shall not be responsible for any loss or damage that may result in your failure to comply with these requirements.
Actions and Activities that are Not Allowed
You or any persons shall not use the Website to undertake and/or indulge in any of the following activities:
- host, display, upload, modify, publish, post, broadcast, distribute, disseminate, transmit, update, communicate, create or share any information that belongs to another person and to which you do not have any right to; or
- host, display, upload, modify, publish, post, broadcast, distribute, disseminate, transmit, update, communicate, create or share any information that is grossly menacing, harmful, harassing, blasphemous, defamatory, profane, obscene, offensive, indecent, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, racially objectionable, ethnically objectionable, communally objectionable, abusive, disparaging, relating to or encouraging money laundering or gambling, anti-national, infringing or otherwise unlawful in any manner; or
- host, display, upload, modify, publish, post, broadcast, distribute, disseminate, transmit, update, communicate, create or share any information that harms minors in any way infringes any patent, trademark, copyright or other proprietary rights; or
- violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages impersonates another person, contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limits the functionality of any computer resource; or
- host, display, upload, modify, publish, post, broadcast, distribute, disseminate, transmit, update, communicate, create or share any information that threatens the unity, integrity, defence, security of any country, friendly relations with foreign states, or public order or causes incitement to the commission of any recognisable offence or prevents investigation of any offence or is insulting any other nation; Is false, incorrect or misleading; or
- to engage in any grossly menacing, harmful, harassing, blasphemous, defamatory, profane, obscene, offensive, indecent, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, racially objectionable, ethnically objectionable, communally objectionable, abusive, disparaging communication; or
- to harass, stalk, threaten or otherwise violate any legal right of another individual; or
- to host, display, upload, modify, publish, post, broadcast, distribute, disseminate, transmit, update, communicate, create or share in any manner any content regarding services, products, surveys, games, schemes, spam, advertising or promotional materials etc; or
- to use the Website to promote, advertise, offer or sell any goods or services for any commercial or non-commercial purpose on the Website, without the express and prior written consent of 6F; or
- to collect and/or store personal information about other Users or another person; or
- to impersonate any person or entity, including but not limited to a representative of 6F; or
- to falsely state or otherwise misrepresent a User’s affiliation with a person or entity; or
- to restrict, hinder or inhibit any other person from using and enjoying the Website or any Service; or
- to forge headers or manipulate identifiers or other data to disguise the origin or source of any content transmitted through the Website or to manipulate Users presence on the Website; or
- to download any file, recompile, disassemble or otherwise affect any software or material related to the Website or not owned by the User; or
- to remove or delete any author attributions, legal or other notices or proprietary designations or labels related to the origin or the source of software or other material; or
- to host, display, upload, modify, publish, post, broadcast, distribute, disseminate, transmit, update, communicate, create or share in any manner files that contain viruses, malware, corrupted files or any other software or programs that may damage or adversely affect the operation of another person's computer, Website or any related software or hardware; or
- to take any action that imposes unreasonably or disproportionately large load on the infrastructure of 6F, including Website; or
- to engage in any illegal activities or improper conduct.
Suspension and Termination of Access
You agree to abide by the TS and all other terms, policies, rules or regulations set down by 6F. If you do not abide by the TS or any other terms, policies, rules or regulations, or commit any breach of the TS, or illegally or improperly conduct or use the Website and/or its technology, 6F may, at its sole and absolute discretion and without any notice to you, take necessary remedial action, including but not limited to:
- Restrict, suspend or terminate your access to the entire or part of the Website; or
- Remove such non-compliant information/content; take any legal steps as it may deem necessary against you; or
- Cancel or refrain from awarding any prize(s) to you; 6F may, at its sole and absolute discretion and without prior notice restrict, suspend or terminate access by a person or User to all or any part of the Website.
Right to Modify or Change User Status
6F may, at its sole and absolute discretion and without prior notice, modify the status of a user’s User Id between; Open (or Active), Inactive, and Suspended.
Registration - Players Must be 18 Years or Older
By registering you are warranting to us that you are aged at least eighteen (18) years and It is legal to access and use the Website in your Jurisdiction.
Registration - Provision of Accurate Information
You agree to provide true, correct, accurate, current and complete information at the time of registration and at all other times (as required by 6F). You agree to keep such information updated at all times. Where 6F forms a reasonable suspicion or belief that the information that you have provided is not true, accurate or complete, we may close your User Id or suspend your access to, or use of, your User Id, the Site and/or our Services, at any time without notice.
To complete registration, you must accurately provide the following personal information as requested by 6F:
- E-mail address
In order to use the Website to its full extent and to claim prizes you agree that where requested you will provide 6F with the information to verify your ID including age, place of residence, email address, drivers licence number and mobile phone number.
You are required to confirm that you have read and shall abide by the TS. As part of the registration process, you will be asked to select a user name and password. It is your responsibility to change the password regularly.
User Names Must be Acceptable
Your User ID and any images you upload must be acceptable. 6F may refuse to grant or may change or offer an alternative name or image if your chosen user name or image is, in the view of 6F to be unacceptable for any reason.
For example; it promotes a company, organisation, cause or event, it impersonates someone else, is or may be illegal, is a name in which another person’s may have intellectual property rights, is vulgar or otherwise offensive, may cause confusion, or is already in use by another user of the Website, as determined by 6F at its sole discretion.
3rd Party Statistics and Data
6F may obtain statistics (“Statistical Data Feed(s)”) and other information required operate the Website. 6F hereby clarifies that it relies on the accuracy and completeness of the'Statistical Data Feeds' provided by third party service providers and does not itself warrant or make any representations concerning the accuracy thereof.
6F does not, in any event, assume any responsibility for inaccuracies in the selection of Winners as a result of any inaccurate or incomplete 'Statistical Data Feeds' received from third party service providers.
In the event of an error(s), 6F would use its best efforts to rectify the error(s) prior to the distribution of prizes, provided such error(s) were in the knowledge of 6F
You agree not to raise any complaint or make any claim against 6F in this respect.
3rd Party Links and Websites
The Website may contain links to other Internet websites owned and operated by third parties. The use of each of those websites by Users is subject to the conditions, if any, posted by the concerned website. 6F does not exercise any control whatsoever over any Internet websites apart from its own 'Website' and cannot be held responsible for any content of a third party Internet website. Any inclusion of third party content or links to third party Internet sites is not an endorsement by 6F of such websites.
The Website contains content that is created by 6F as well as content provided by third parties. 6F does not guarantee the accuracy, integrity or quality of the content provided by third parties and such content may not by relied upon by you when utilising the Website.
The display of third party links or advertising on the Website does not imply any endorsement by 6F of those linked websites or any advertised goods or services.
Copyright, Trademarks, Intellectual Property
The Website is protected by Australian copyright law. This copyright is owned by, or licensed to 6F.
The Website also displays registered and unregistered trademarks, which are owned by, or licensed to 6F. You acknowledge and agree that 6F and any Third Party Service provider reserve their rights and may take action against you, including legal proceedings, to protect their rights.
The Website includes a combination of content created by 6F, its partners, licensors, associates and its Users. The rights of the intellectual property in all software and images underlying the Website, the Services and any material or content published on the Website, including but not limited to games, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos,audio clippings, video clippings and animation (collectively “IPMaterial”), is owned by or licensed to 6F.
You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display or in any other manner way exploit any IP Material on the Website, either in whole or in part without the express written license from 6F.
Enquiries regarding any IP Material can be sent from your registered email account to: [email protected]
Warranties and Indemnity
You are solely responsible for all material or content (whether publicly posted or privately transmitted) that you upload, post, email, transmit or otherwise make available on the Website (“Users’ Content”).
You represent and warrant that you own all the rights in the intellectual property of the Users’ Content. You also represent and warrant that no part of the 'Users’ Content' infringes any third party rights.
You confirm and undertake not to display the names, logos, marks, labels,trademarks, copyrights, proprietary rights or intellectual property of any third party on the Website.
You agree to indemnify and hold harmless 6F, its directors, employees, affiliates and assigns against all costs,damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated against you, including for infringement of intellectual property arising on User Id of the display or use of the names, logos, marks, labels, trademarks,copyrights, proprietary rights or intellectual property on the Website by you or through any commission or omission by you.
You hereby grant 6F and its affiliates, partners, parent company, licensors and/or associates a worldwide, perpetual, irrevocable, royalty-free,non-exclusive, sub-licensable right and license to use, adapt, reproduce,create derivative works of, distribute, publicly perform, publicly, communicate, transfer, transmit or publish Users’ Content for any of the following purposes:
- 'Displaying Users’ Content on the Website; or
- Distributing Users’ Content, either electronically or via other media, to other User(s) or persons seeking to download or otherwise acquire the Website; or 'Storing Users’
- Content in a remote database accessible by end users, for a charge. This license in respect of the Users’ Content shall apply to the distribution and the storage of Users’ Content in any form, medium or technology.
- All names, logos, marks, labels, trademarks, copyrights proprietary rights or intellectual property on the Website belonging to any person (including a User), entity or third party are recognised as proprietary of the respective owner(s) and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights proprietary rights or intellectual property must be directly addressed to the respective parties under notice to 6F.
Personal Data and Information
You agree and acknowledge that 6F may collect certain data that would fall within the ambit of the definition of ‘Sensitive Personal Data or Information’.
You may request that 6F refrain from processing your ‘Sensitive Personal Data or Information’ by sending an email to [email protected]
Further, you have the right to access, correct or withdraw consent to the collection, use or disclosure of your ‘Sensitive Personal Data or Information’ by 6F. You may exercise this right by sending an email to [email protected]
In the case of 6F being of the opinion that such aforesaid refrain or withdrawal of consent would hinder the provision of the Website to you, 6F reserves the right to discontinue the provision of the Website to you under intimation thereof.
No Warranty as to Availability of the Website
6F makes no representations as to the availability of the Website and reserves the right to withdraw the Website at any time without notice.
6F reserves the right to modify and make improvements to the Website, whether technical, functional, aesthetic or otherwise, at any time in its sole and absolute discretion and without assigning any reason to any User, whatsoever. This may temporarily interrupt access to the Website.
Access to the Website may temporarily be interrupted for regular maintenance purposes. Notwithstanding anything contained in the TS, 6F shall not be obligated to any reason to any User, whatsoever. This may temporarily interrupt access to the Website.
Acceptance of Prizes Constitutes Acceptance
Acceptance of prize(s) by the Winner(s) constitutes permission for 6F and its affiliates to use the name, messages, voice or comments of the Winner(s) for advertising and promotional purposes in any media world wide for purposes of advertising and trade, without any further permissions or consents and/or additional compensation whatsoever.
Such promotional activities may also include ceremonies, functions, press events etc.
The TS shall be governed by, construed and interpreted in accordance with laws of Australia, in force from time to time.
In case of any dispute arising between 6F and you, the party raising the dispute shall issue a written notice to the other party. In case the notice is to be issued to you, sending the notice to the email address registered with 6F shall constitute delivery.
A notice to be issued to 6F is to be served at [email protected] On receipt of the notice, the parties shall first try to resolve the dispute amicably through discussions. In the event that the parties are unable to resolve the dispute within thirty (30) days of receipt of the notice, the dispute shall be referred to and thereafter settled by arbitration.
The seat of arbitration shall be in Sydney, Australia. The arbitration proceedings shall be conducted in English by a sole arbitrator. The arbitration award will be final and binding on the parties. Each party shall bear its own costs of arbitration and equally share the fees of the arbitrator, unless the presiding arbitrator decides otherwise.
Legal Jurisdiction and Relief
You and 6F agree to submit to the exclusive jurisdiction of the courts, tribunals, judicial and quasi-judicial authorities in Sydney, Australia.
Notwithstanding anything contained in the TS, 6F shall be entitled to seek and obtain interim or permanent equitable or injunctive relief, or any other relief available in law to safeguard the interests or rights of 6F. The pursuit of such equitable or injunctive relief shall not constitute a waiver on the part of 6F to pursue any remedy for monetary damages.
To the extent permitted under law, 6F and its subsidiaries, affiliates, directors, officers, professional advisors, employees shall be responsible for:
- The deletion, failure to store, mis-delivery or untimely delivery of any information or material; or
- Any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, amusement facilities or sites; or
- Any material accessed, downloaded or otherwise obtained through 6F is done at the discretion, competence, acceptance and risk of you. You will be solely responsible for any potential damage to the mobile, computer system or loss of data that results from the download of any such material.
- 6F does not provide any warranty as to the content on the Website and represents that the content is distributed on an ‘as is, as available’ basis.
User Indemnifies 6F
You shall access the Website voluntarily and at your own risk. 6F shall, under no circumstance, be held responsible or liable on User Id of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by you or any other person or entity during the course of access to the Website.
By accessing and/or using the Website, you hereby release from and agree to indemnify 6F and/or any of its directors, employees, partners, associates or licensors from and against all liability, cost,loss or expense arising out of your access to and/or use of the Website, including but not limited to personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act, breach of contract, any other reason, act or omission on your part or otherwise.
6F accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties during the course of your access to the Website.
You shall be solely responsible for any consequences arising on User Id of access and/or use of the Website by conducting an illegal act or due to non-observance / non-adherence of the TS. You also undertake to indemnify 6F and its officers, directors, employees and agents on the happening of such an event on full indemnity basis for any loss/damage suffered by 6F.
You shall indemnify, defend and hold 6F harmless from any third party claims arising from or related to your access and/or use of the Website. Not in any event shall 6F be liable to you or any person' for acts or omissions arising from or related to your access and/or use of the Website.
You will indemnify us, our officers, directors, employees, agents and related companies in respect of any and all losses, costs, expenses, claims,demands, liabilities and damages (including legal fees on a solicitor/client basis) that arise in connection with your use of the Website and/or any breach by you of these Website Terms, but you will not be liable for any losses or damages we suffer or incur to the extent such loss or damage is caused by us.
Deactivate User Ids and Inactive User Ids
6F can, at a User's request, set a User's account to the status of Inactive. An account with the status of Inactive will no longer:
- be able to login to the website
- receive material from 6F
After a User Id has been closed it cannot be re-activated. User(s) shall be solely responsible for payment of any other applicable tax on the winnings, including but not limited to income tax, gift tax, etc.
6F reserves the right to moderate, restrict, ban, suspend, close, terminate, deactivate or delete a User Id (along with all related information or files) specifically to any User at its sole and absolute discretion and without any notice.
Summary Rights and Obligations
Under this agreement, 6F exercises its absolute discretion as follows:
- 6F may, at its sole and absolute discretion temporarily suspend, discontinue, terminate or permanently close the Website or any part thereof.
- 6F may, at its sole and absolute discretion and without any notice or reason, reject a User(s) request for registration and not create the requested user User Id.
- 6F may, at its sole and absolute discretion and without prior notice, establish general practices and limits concerning use of the Website.
- 6F may, at its sole and absolute discretion and without prior notice, Assign its rights and liabilities relating to the User Ids of the Users to any entity.
- 6F shall not be liable for any delay or failure to perform, resulting from force-majeure causes or other causes outside its reasonable control, including but not limited acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labour or materials or any cancellation of any match to which a Challenge relates. In such circumstances, 6F shall also be entitled to cancel any related Service(s).
- 6F may be required under certain legislations, to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon 6F posting a notification on the Website or delivering them to you on the email address or mobile phone number provided by you on registration. In the event you did not provide 6F with accurate information, 6F shall not be held liable for failure to notify the User.
- If any part of the TS is determined to be indefinite, invalid or otherwise unenforceable for any reason whatsoever, by any court of competent jurisdiction, then such part shall be severed and the remaining part of the TS contained herein shall survive and remain in full force and effect and continue to be binding and enforceable.
- A failure of 6F to exercise or enforce any right shall not constitute a waiver of such right.
- You agree, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the TS, must be filed within Fourteen(14) days of such claim or cause of action arising or be barred perpetually.
- The TS, including all terms, policies, rules or regulations, as amended from time to time, which are incorporated herein by reference, constitute the entire agreement between you and 6F, and govern your use of the Website.
These Terms of Service (TS) (Version 2.6) were last updated on the 23rd November, 2019.