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COMPETITION TERMS & CONDITIONS

DIYBA – Competition Terms and Conditions

(Effective from 01/03/2023)

1.      About DIYBA and the Competition

1.1   Promoter of Competition

DIYBA Aus Pty Ltd ACN 650 136 771 as trustee for the DIYBA Unit Trust ABN 650 136 771 (DIYBA, we, us or our) is the promoter of the competition described in this document and on the Website (Competition).  DIYBA also owns and operates the website www.diyba.com.au and its associated features and applications (Website).  By registering for (or participating in) the Competition, you agree to be bound by these Competition T&Cs. 

1.2   About the Competition

(a)     DIBYBA are running this Competition to promote the launch of DIYBA’s new do-it-yourself buyers’ agency software platform that will soon be made available via the Website (App).  The Prizes are centred around the App and include subscriptions to certain services or functionalities of the App that would otherwise only be available to those who had subscribed for paid services with DIYBA.

(b)     Importantly, any access to and use of the App (including if you win a Prize) is subject to DIYBA’s separate terms and conditions for the App in effect at the relevant time (App T&Cs), which are currently available at http://diyba.com.au/terms-conditions or otherwise on request.  You should read the App T&Cs before registering for the Competition, as you will need to agree to the App T&Cs if you win a Prize.  Unless the context indicates otherwise, any capitalised terms that are not defined in these Competition T&Cs will have the same meaning given to them in the App T&Cs.

2.      How the Competition works

2.1   How long the Competition is open for

The Competition will be open from 01/03/2023 until 5.00pm AEST on 31/03/2023 (Competition Period).  However, to the extent the law allows, we may change the Competition Period at any time by posting a notification on the Website or by notifying you of the chance.

2.2   Eligibility to enter the Competition

(a)     The Competition is only open to individuals who are Australian residents, 18 years of age or older and are eligible to create an Account with DIYBA if you win a Prize.  You are not eligible to enter the Competition (or receive any Prizes) on behalf of another business, trust or entity, where you are an employee or contractor of DIYBA or where it would be unlawful for us to allow you to enter the Competition.  It is the responsibility of all persons who register to enter the Competition are eligible under all applicable laws to enter into the Competition and accept any Prizes offered as part of the Competition.

(b)     You can only register for the Competition once, so you cannot register multiple times under different email addresses.  For avoidance of doubt, a person must not register for the Competition under multiple names or email address, and if we suspect a person has registered more than once, then we may exclude them from participation in the Competition at any time and they will be ineligible for any Prizes.  However, once you have registered for the Competition, you can gain multiple Entries as explained further below.

2.3   How to register for the Competition

Registering for the Competition is free. To register for the Competition, during the Competition Period you must do all of the following via the Website:

(a)     enter your full name (which needs to be your legal name);

(b)     enter a valid active email address;

(c)     confirm your acceptance of the Competition T&Cs by clicking the ‘Register My Interest’ link on the Website; and

(d)     confirm your registration/entry by clicking the link in the email confirmation we send to your email address and follow any further prompts.

Once you have registered for the Competition per the above, you will be considered a Participant for the purposes of these Competition T&Cs.   Each Participant will need to engage in the Approved Activities described below in order to obtain Entries in the Competition.  That is, you will not obtain any Entries for merely Registering for the Competition, rather you need to engage in the Approved Activities to earn Entries in the Competition.

2.4   How to earn Entries in the Competition

(a)     Each valid ‘Entry’ will give an equal chance of winning the Prizes (as far as practicable).   Each of the activities set out in this clause considered ‘Approved Activities’ for the purposes of these Competition T&Cs. You will earn one Entry by registering for the Competition.  In order to earn Entries for these Approved Activities, the Participant will need to share the Website on their relevant social media page via the links made available on the Website during the Competition Period.  Please note that sharing the Website other than via the links we have made available will not earn any Entries.

(b)     The number of Entries that may be earned for each of the Approved Activities will be as set out on the Website at the time of the Approved Activity.  We may change the number of Entries for the Approved Activities at any time.  For example, if the Website indicates that following our Facebook page awards 3 Entries, then if the Participant follows our Facebook page via the link on the Website during the Competition Period then they will generally earn 3 Entries in the Competition. 

2.5   Use of bots and the like prohibited

While it is open to you to earn as many Entries as possible, the maximum number of Entries per Participant will be limited based on the one of each type of Approved Activity per Participant per day.  We also reserve our discretion to refuse to grant a Participant Entries where we suspect you are using bots/computer programs or the like to manipulate the Competition or to otherwise gain an advantage or increased likelihood of winning that is not in the spirit of the Competition, or where the Participant shares the Website to social media accounts that have an immaterial number of follows to gain Entries.

2.6   How the prize draw will be conducted

(a)     The prize draw will be draw within 7 days of the end of the Competition Period.  The winners will be notified promptly via the email address notified to us during Registration and the results will be published on the Website.  Each Entry has an equal chance of success and the draw will be conducted by a computer system which will randomly select (as far as is practicable) the winners of the Prizes.  The First Prize will be drawn first, followed by Second Prize, then the Third Prize and finally the Fourth Prize.

(b)     The Prize winners will be provided with further instructions on how redeem their Prize and will be required to create an account with DIYBA to obtain their Prize and completing the onboarding process as per the App T&Cs.  As part of this process, the winners may be provided a coupon/code to access their Prize (which DIYBA may change from time to time by notice to the winner), and such coupons/codes will be subject to the provisions in the App T&Cs that apply to Promo Codes except to the extent that these Competition T&Cs are inconsistent with the App T&Cs.

3.      Prizes

3.1   Prizes

The prizes for the Competition (each a Prize) are as follows:

(a)     First Prize: The ‘First Prize’ winner will receive 4 quarterly Subscriptions, plus 4 DIYBA Concierge Services (valued at $2,680);

(b)     Second Prize: The ‘Second Prize’ winner will receive 2 quarterly Subscriptions, plus 2 DIYBA Concierge Services (valued at $1,340);

(c)     Third Prize: The ‘Third Prize’ winner will receive 1 quarterly Subscription, plus 1 DIYBA Concierge Service (valued at $670.00); and

(d)     Fourth Prize: The ‘Fourth Prize’ winner will receive 1 monthly Subscription (valued at $299).

3.2   Subscription

In these Competition T&Cs, ‘Subscription means an entitlement to receive access DIBYA’s Paid ‘Services’ (as defined in the App T&Cs) made available via the App for the relevant Subscription Term (for example, a quarterly Subscription is a three consecutive month Subscription Term for the App), but excluding any fees or the like in respect of any Managed Purchase (as defined in the App T&Cs).  Please note that if you want to continue to access the Paid Services after the end of the Subscription Term, then fees may be payable to DIBYA per the App T&Cs. 

3.3   Concierge Service

In these Competition T&Cs, ‘Concierge Service means an entitlement to access advice, helpful tips and other ad hoc guidance in relation to the purchase of one property for each Concierge Service won from one our professional team.  To redeem a DIYBA Concierge Service the winner will also need a current subscription to our Paid Services and will need to have selected an available property displayed in the App that they are interested in purchasing, as this can only be provided in respect of properties displayed in the App and we will need to access the information in your Account to provide advice.

3.4   Period for redeeming Prizes

Each Prize must be redeemed (by creating an Account via the App and entering the coupon code provided) during the following periods or the winner’s entitlement to the Prize will automatically lapse:

(a)     in respect of the First Prize, within 4 years from the date of the Prize draw;

(b)     in respect of the Second Prize, within 2 years from the date of the Prize draw;

(c)     in respect of the Third Prize, within 1 year from the date of the Prize draw; and

(d)     in respect of the Fourth Prize, within 6 months from the date of the Prize draw.

3.5   Limitations on Prizes

Nothing in this Competition (including the DIYBA Concierge Services) means we will be acting as your buyer’s agent in respect of any purchase of a property, nor do any Prizes include any fees or costs in connection with (or related to) the purchase of any property (such as conveyancers/solicitors, building and pest inspection report providers or any other ad hoc post property exchange costs).  If you create an Account with DIYBA via the App, if you elect to initiate a Managed Purchase (such as via the ‘Buy by DIYBA’ option), then fees will be payable for that as per the App T&Cs.

3.6   Unclaimed Prizes

If a Prize winner is unable to be contacted by DIYBA within 3 months of being notified of their winning entry, then the Prize allocated to that person will be redrawn.

4.      Use of Website and things we are not responsible for

4.1   Website T&Cs

Your registration for (and participation in) the Competition is subject to our Website terms of use in effect from time to time (Website T&Cs), which are currently available at http://diyba.com.au/terms-conditions or otherwise on request. 

4.2   Data transmission and errors

You acknowledge you are solely responsibility for and assume all risk arising from your use of the Website and entry in the Competition, and we do not guarantee that any Approved Activities will result in the Participant earning an Entry (such as where the computer systems we use do not accurately track the Approved Activity), and we will not be liable for any failure of the relevant computer system to record Entries.

4.3   Privacy policy

By entering into the Competition, you agree that your personal information may be dealt with in accordance with our privacy policy and that we may send you marketing messages (until you opt out of such messages).  Our privacy policy contains information about how to access and correct your personal information held by us, or how to make a complaint about the handling of personal information, which is available at http://diyba.com.au/privacy_policy or otherwise on request.

5.      General provisions

5.1   The Investors Agency

(a)     This Competition is run with the assistance of The Investors Agency Pty Ltd ABN 58 633 337 854 (TIA).  Various communications with you (such as emails you receive in relation to the Competition) may come from TIA, and TIA is generally sending those communications on our behalf.

(b)     By registering for the Competition, your name and contact information will be provided to TIA, and you consent to us and TIA contacting you in relation to products and services, as well as the Competition.  If you would want to unsubscribe from such communications, then please let us know in writing. 

5.2   Applicable laws

(a)     These Competition T&Cs and this Competition are governed by the laws of the New South Wales and you irrevocably submit to the non-exclusive jurisdiction of the courts of the New South Wales.  These Competition T&Cs are deemed to include any other terms and conditions that may be required by any applicable law.

(b)     If any parts of these Competition T&Cs are unenforceable, the enforceability of any other part of these Competition T&Cs will not be affected and all other provisions remain in full force and effect. So far as possible, where any wording (or part of it) can be severed to allow the remaining parts to be valid, the wording must be interpreted accordingly. Alternatively, you agree that the wording must be amended and interpreted in such a way that closely resembles the original meaning of the wording so that it is enforceable.

5.3   Other general provisions

(a)     All Prize values are listed in Australian currency and are non-cash prizes that are not redeemable for cash.  No Prize is transferable.

(b)     Despite anything to the contrary in these Competition T&Cs, we may at any time, amend, modify or vary these Competition T&Cs by posting the revised Competition T&Cs on the Website or by notifying you of the changes. 

(c)     For any enquiries, please contact us by phone on +61 2 8385 5923. All correspondence should be addressed to 11/22 Darley Road, Manly NSW 2095 or email us at hello@diyba.com.au