Square Australia ‘Talk Tech Bathurst’ Small Business Competition
Presented by Square Australia in Partnership with Reliance Bank, Xero and Brijid Media Agency
No purchase necessary to enter or win a prize in this contest (defined below). A purchase will not increase your chances of winning. Void where prohibited by law.
By entering the contest you agree to these official rules, which are a contract, so read them carefully before entering. Without limitation, this contract, so read them carefully before entering. Without limitation, this contract includes indemnities to the sponsors from you and a limitation of your rights and remedies.
The Square Australia Talk Tech Bathurst Contest (the “Contest”) is open to business owners or aspiring business owners with a postal or business address in the New South Wales region of Central West and Orana (includes Bathurst, Coonabarabran, Coonamble, Cowra, Dubbo, Gilgandra, Lithgow, Mudgee and Orange). Entrants must be at least 18 years old at the time of entry. Employees, temporary workers, freelancers and independent contractors of Square, Inc., Squareup Pte. Ltd, Square Capital, LLC (“Square Capital”), Xero Australia PtyLtd., and Reliance Bak(collectively, the “Sponsors”) and any of their respective affiliates, advertising/promotion agencies and prize providers, and members of the immediate family and household members, whether or not related, are not eligible to participate. This Contest is void outside the geographic area stated and where prohibited by law.
How to Enter:
In order to enter the Contest, Entrants must state, in 200 words or less, an outline of their business mission and why technology is important to their business to help them achieve the stated mission.
Entrants must submit their entry along with their: full name, business name, Central West postcode and best contact details. All entries should be submitted name via email to the Square Team at [email protected] no later than Friday 26 April, 2019.
Entrant Grant of Rights:
By participating, each Entrant grants to the Sponsors, and their designees a non-exclusive, worldwide, royalty-free, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, change, edit, publish, broadcast, translate, create derivatives from, distribute, redistribute, and/or display the Entries (in whole or in part) and incorporate anywhere in the world at any time, as well as in connection with any distribution or syndication arrangement with third parties or third-party sites, in any media format or medium and through any media channels now known or hereafter devised and for any purpose, including but not limited to advertising and promotion, without further notice or compensation to or permission from Entrants or any third party. The Sponsors have the right to use any and all Entries, and any and all elements appearing in the Entries, including but not limited to names, likenesses, symbols and phrases of any kind for future advertising, marketing, commercial, promotion and publicity in any manner and in any medium now known or hereafter devised throughout the world in perpetuity without further notice or compensation to or permission from Entrants. Each Entrant waives any and all “moral rights” they have in the Entry.
The Sponsors are in no way obligated to use any Entry and Entrant may or may not be given any credit or attribution if the Entry is subsequently used or their Small Business is declared the Contest Winner. Entrants agree to waive all claims to receive any royalties of any kind now or in the future from the Sponsors for any use of any Entry, including copyright or trademark royalties and Entrant represents, warrants and agrees that no other party is entitled to claim any royalties from the use of the Entry as set further in these Official Rules.
By submitting an Entry, Entrant represents and warrants that (i) the Entry is original and is Entrant’s own work and does not infringe or violate any third party’s copyright, trademark, patent, trade secret, defamation, privacy, publicity, false light, idea misappropriate or any contractual rights or any other rights; (ii) the Entry is true, accurate and verifiable and is an expression of his/her personal experience and/or belief; (iii) Entrant has not copied or used other works of others in the Entry without permission or right to do so; and (iv) no other persons other than Entrant have any right, title or interest in any part of the Entry. The Sponsors reserve the right to require proof that Entrant fulfills all eligibility requirements and proof of statements made in Entries in a form acceptable to the Sponsors. Failure of Entrant to provide proof of statements in a form requested by the Sponsors may result in disqualification.
Entries may not contain any image or depiction of the following: (i) materials which include or constitute trademarks, trade names or copyrighted works created or owned by any person or entity other than Entrant; (ii) materials bearing profanities or that are lewd, obscene, pornographic, disparaging, indecent or that are otherwise deemed to be inappropriate by the Sponsors; (iii) materials which bear the name or likeness of any celebrity, living or dead, or which contain visibly identifiable or potentially identifiable information including but not limited to phone numbers, website links, street addresses, email addresses or license plate numbers; (iv) inappropriate behavior for a general audience; (v) materials which violate anyone’s reasonable privacy expectations, violate any known agreement, or which are defamatory in nature; (vi) violence in any form; (vii) materials which are discriminatory based on race, religion, national origin, physical disability, age, sex, or sexual orientation or preference; and (viii) materials which do not comply with all other requirements in these Official Rules. Entries which do not conform to these guidelines will be disqualified. Sponsor reserves the right to reject or disqualify any Entry that the Sponsors, in their sole and absolute discretion, determine to be inconsistent with the letter or spirit of the Official Rules or the Contest or potentially damaging to its, the Contest’s, or another’s image or reputation.
Entrants will be judged by a panel of qualified judges representing the Sponsors, whose collective determination of the Contest Winners shall be final and binding, and shall not subject to challenge or appeal. The qualified judges will use the following criteria to determine the Finalists and Contest Winners (the “Selection Criteria”):
Strength of business vision and objectives
Entrant’s inspiration to operate a small business and overall business story
Key motivators of the entrant to adopt technology in their small business
Innovativeness of the small business
The Sponsors reserve the right to not award any components of the Contest Prize if, in their sole discretion, they receive an insufficient number of eligible and qualified Entries. Judging scores, comments, and internal notes regarding the evaluation of Entrants shall not be revealed. Entrants understand that all decisions of the Sponsors and their representative judges are final and binding in all matters, and shall not be subject to challenge or appeal.
Contest Winner Notification:
The Contest Winners will be announced at Talk Tech Bathurst on Wednesday 1 May, 2019. Contest Winners will also be notified via nominated contact details after this date.
Conditions to Contest Prize Acceptance:
By accepting the Contest Prize (as defined below), the Contest Winner shall agree: (i) to not release any publicity or other materials on their own or through someone else regarding their participation in the Contest without prior written consent from Square Pte. Ltd., which may be withheld in Square Pte. Ltd.’s sole discretion; (iv) that, upon receipt of the Contest Prize, the Sponsor may use the Contest Winner’s name, city and state of residence, picture, portrait, likeness and voice, biographical information and content of Entry for advertising, promotion and other purposes, in any and all media, including but not limited to on the Sponsors’ websites and social media channels, now or hereafter devised, in any manner, worldwide, in perpetuity, without further compensation, notification or permission; and (v) to be photographed and interviewed on camera (live or taped) by the Sponsors.
Contest Prize and Approximate Retail Value (“ARV”):
There will be three (3) Contest Winners, each of whom will receive the Contest Prize which is comprised of:
(i) 1 free Square reader for contactless and chip cards ; (ii) 1 year of fee-free card processing with Square, (iii) 1 year fee-free website service with Square Shop Online, (iv) accounting subscription with Xero for 1 year*, (v) Brijid Media Agency business video package, and (vi) $1,000 business grant in Australian Dollars (collectively, the “Contest Prize”). Total ARV of the Context Prize: $3,000 in Australian Dollars.
If, for whatever reason, Sponsor is unable to provide any component of the Contest Prize, no compensation or substitution will be provided; however, the remainder of the Contest Prize will be awarded and the Sponsors will have no further obligation to the Contest Winner. The Contest Prize is awarded “as-is” with no warranty or guarantee, either express or implied. The Contest Winner may not substitute, assign or transfer any component of the Contest Prize, but Sponsors reserve the right, at their sole discretion, to substitute a prize (or portion thereof) with one of comparable or greater value. All advertisements and collateral materials provided by the Contest Winner in connection the receipt of the Contest Prize shall be subject to the Sponsors’ prior written approval and Contest Winner’s acknowledgment and acceptance of Sponsors’ standard terms and conditions related thereto. The Contest Winner is responsible for all applicable taxes, if any, as well as any other costs and expenses associated with the acceptance of the Contest Prize and use not specified herein as being provided. The Contest Winner should consult their tax attorney regarding any potential tax implications in connection with the acceptance of this Contest Prize. All prize details are at the Sponsors’ sole discretion.
*The prize is an Australian based Standard Xero plan for one year, and includes the first user of Xero Projects and the first user of Xero Expenses. The winner of the prize will be able to use the Standard Xero plan for one year without having to pay the usual monthly Xero subscription fees. The prize does not include additional extra services.
Limitation of Liability:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
Entrants and their Small Businesses agree to release, indemnify and hold harmless the Sponsors and their respective parent companies, affiliates, advertising/promotion agencies and prize providers and all of their respective officers, directors, agents, employees and representatives (collectively, “Released Parties”) for any damage, loss or liability to person or property, due in whole or part, directly or indirectly, by reason of the acceptance, possession, use or misuse of the Contest Prize or participation in this Contest or Released Parties’ use of any Entry. The Sponsors reserve the right, in their sole discretion, to modify, cancel or suspend part or all of this Contest for any reason, including but not limited to: non-authorized human intervention, fraud, or other causes that corrupt or impair the administration, security, fairness or proper play of the Contest. If terminated, a notice will be posted online. Failure to comply with these Official Rules may result in disqualification.
Released Parties are not responsible for lost, late, incomplete, illegible, incorrect, damaged, delayed, garbled, undelivered, or misdirected Entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of Entries, the announcement of the Contest Prize or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to any person’s computer related to or resulting from participating in this Contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Contest or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by the Sponsors, will be disqualified and all associated Entries will be void. In the event of a dispute as to the identity or eligibility of the Entrant, the Entrant will be declared made by the Authorized Account Holder of the e-mail address provided at the time of Entry and he/she must comply with these Official Rules. “Authorized Account Holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Disputes and Binding Individual Arbitration
By participating in this Contest, each Entrant agrees that, to the extent permitted by applicable law, any and all disputes, claims and causes of action arising from or in connection with this Contest or acceptance and participation in the Contest Prize (“Disputes”) that cannot be resolved between the Entrant and Released Party arising out of or connected with the Contest, or the Contest Prize awarded, will be resolved by a neutral arbitrator who has the power to award the same individuals damages and individual relief that a court can. ANY ARBITRATION UNDER THESE OFFICIAL RULES WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST ANY OF THE RELEASED PARTIES. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). All Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by the American Arbitration Association (https://www.adr.org) according to this Section and the applicable arbitration rules for that forum. The Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether the terms and conditions of these Official Rules are enforceable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Subject to applicable jurisdictional requirements, you may elect to pursue your claim in your local small-claims court rather than through arbitration so long as your matter remains in small claims court and proceeds only on an individual (non-class or non-representative) basis. Any arbitration hearing will occur in San Francisco, California, or another mutually agreeable location. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. While an arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. An Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect. Square will reimburse the arbitration fees due to the American Arbitration Association for individual arbitrations brought in accordance with this section for all claims totaling less than $1,000 unless the Arbitrator determines that your claims were frivolous. For any claim where you are seeking relief, the Released Parties will not seek to have you pay our attorney’s fees, even if fees might otherwise be awarded, unless the Arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and any of the Released Parties also includes respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns. Subject to and without waiver of the arbitration provisions above, Entrant agrees that any judicial proceedings will be brought in and Entrant hereby consents to the exclusive jurisdiction and venue in the state courts in the City and County of San Francisco, California, or federal court for the Northern District of California.
These Official Rules and any Dispute will be governed by California law and/or applicable federal law (including the Federal Arbitration Act), without regard to its choice of law or conflicts of law principles.
Information collected in connection with this Contest is subject to the Square Privacy Notice, which can be found at https://squareup.com/legal/privacy.
By participating in this contest, you acknowledge that you have read, understood, and agreed to the terms of the Square Privacy Notice.
Contest Winner’s Name: The contest winners will be notified via email and their names will be publicly announced at the Talk Tech Bathurst event on Wednesday 1 May, 2019.
Square Australia Pty Ltd
PO Box 1640
Melbourne VIC 3000
Reliance Bank Ltd
203 - 209 Russell Street
Bathurst NSW 2795
Xero Australia Pty Ltd
1/6 Elizabeth Street
Hawthorn VIC 3122
Brijid Media Agency
203/209 Russell St
Bathurst NSW 2795