Terms and Conditions

Welcome to Win On Here!

These terms and conditions outline the rules and regulations for the use of WIN ON HERE's Website, located at https://winonhere.com.

By accessing this website, we assume you accept these terms and conditions. Do not continue to use Win On Here if you do not agree to take all of the terms and conditions stated on this page.

These terms and conditions sets forth the terms and conditions under which WIN ON HERE (ABN 39 906 658 251, we or us) provides you access to fundraising giveaways, and governs your use of our website located at winonhere.com(the Site), and the WIN ON HERE fundraising entries made available through the Site (the Software) and the information, content, features and services provided through the Site (together with the Software, collectively, the Service).

YOUR USE OF THE SITE AND/OR THE SERVICE, OR THE PURCHASE OF ONE OF OUR DRAW ENTRIES, SIGNIFIES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS, INCLUDING ANY MODIFICATIONS THAT WIN ON HERE MAKES FROM TIME TO TIME.

If you do not agree to these terms and conditions, you may not use the Site or the Service.

WIN ON HERE 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. WIN ON HERE may make changes to the Site and/or the Service at any time. You understand that WIN ON HERE may discontinue or restrict your use of the Site and/or the Service for any reason or no reason with or without notice.

1. Privacy Policy

By clicking purchasing a draw entry and using our platform or entering one of our draws, you represent that you have read and consent to our Privacy Policy in addition to these terms and conditions. WIN ON HERE 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.

2. The Services

The WIN ON HERE Site is a fundraising draw platform that offers draw entrants the opportunity to win cash prizes, while supporting crowdfunding and fundraising projects. Entrants choose which draw they would like to participate in. An entrant provides their personal details for the purpose of being entered into draws.

WIN ON HERE 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, WIN ON HERE 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.

WIN ON HERE is here to facility fundraising draws, in NSW as a Draw Lottery, with total prizes available under $30,000.00. Promotion and attracting the purchase of entries into a draw remains the responsibility of the represented group or individual. All draws on WIN ON HERE are for the purpose of fundraising for specific projects of charities, non-profits (with or without tax deductibility), community projects, and individual crowdfunding for medical/life necessary events.

Each WIN ON HERE draw is for an individual project/group/organisation, and is named and number for that specific draw. A draw contains 2000 available entries at $20.00 each, with a minimum of $20,000.00 donated to the draw project, up to $10,000.00 awarded in cash prizes, and the remainder covering GST, taxes, banking expenses, website expenses, legals and insurances.

All cash amounts, both draw entry amounts and awarded cash prizes, on WIN ON HERE are in Australian Dollars (AUD$). There is up to $10,000.00 in cash prizes, total of 53 prizes in amounts from $20.00 - $5000.00 per named draw.

An entry into a draw is by customer/participant purchase, and requires a name, address (as per personal ID), email address and contact number, to be recognised as a legal entry. Only legal entries will be entered into each draw.

A purchased entry is deemed an entry for that named individual draw ONLY.

A draw will ONLY take place once ALL 2000 available entries, available in an individual draw, have been purchased. Once all entries have been purchased, the draw is deemed immediately CLOSED, and digital draws will begin the next day at 9am (AEDT/AEDST), starting at Draw 1 through to Draw 53, for each nominated cash prize draw.

All cash prizes for each individual draw are drawn according to assignment. All cash prizes for a draw are as follows:

Draw

Time of Draw (AEDT or AEDST)

Cash Prize

9am - One Draw - $100 Draw

9:01am - One Draw - $100 Draw

9:02am - One Draw - $100 Draw

9:03am - One Draw - $100 Draw

9:04am - One Draw - $100 Draw

9:05am - One Draw - $100 Draw

9:06am - One Draw - $100 Draw

9:07am - One Draw - $100 Draw

9:08am - One Draw - $100 Draw

9:09am - One Draw - $100 Draw

9:10am - One Draw - $100 Draw

9:11am - One Draw - $100 Draw

9:12am - One Draw - $100 Draw

9:13am - One Draw - $100 Draw

9:14am - One Draw - $100 Draw

9:15am - One Draw - $100 Draw

9:16am - One Draw - $100 Draw

9:17am - One Draw - $100 Draw

9:18am - One Draw - $100 Draw

9:19am - One Draw - $100 Draw

9:20am - One Draw - $100 Draw

9:21am - One Draw - $100 Draw

9:22am - One Draw - $100 Draw

9:23am - One Draw - $100 Draw

9:24am - One Draw - $100 Draw

9:25am - One Draw - $100 Draw

9:26am - One Draw - $100 Draw

9:27am - One Draw - $100 Draw

9:28am - One Draw - $100 Draw

9:29am - One Draw - $100 Draw

9:30am - One Draw - $500 Draw

9:31am - One Draw - $1000 Draw

9:32am - One Draw - $5000 Draw

9:40am - First $20 Draw - Previous Non-winning entry

9:41am - Second $20 Draw - Previous Non-winning entry

9:42am - Third $20 Draw - Previous Non-winning entry

9:43am - Fourth $20 Draw - Previous Non-winning entry

9:44am - Fifth $20 Draw - Previous Non-winning entry

9:45am - Sixth $20 Draw - Previous Non-winning entry

9:46am - Seventh $20 Draw - Previous Non-winning entry

9:47am - Eighth $20 Draw - Previous Non-winning entry

9:48am - Ninth $20 Draw - Previous Non-winning entry

9:49am - Tenth $20 Draw - Previous Non-winning entry

9:50am - Eleventh $20 Draw - Previous Non-winning entry

9:51am - Twelfth $20 Draw - Previous Non-winning entry

9:52am - Thirteenth $20 Draw - Previous Non-winning entry

9:53am - Fourteenth $20 Draw - Previous Non-winning entry

9:54am - Fifteenth $20 Draw - Previous Non-winning entry

9:55am - Sixteenth $20 Draw - Previous Non-winning entry

9:56am - Seventeenth $20 Draw - Previous Non-winning entry

9:57am - Eighteenth $20 Draw - Previous Non-winning entry

9:58am - Nineteenth $20 Draw - Previous Non-winning entry

9:59am - Twentieth $20 Draw - Previous Non-winning entry

All entry winners will be notified by email, and phone call. The Invoice Number received on your draw entry purchase will be a draw participants identification number.

Payment of prizes will be sent to either a nominated PayPal account, or Australian bank account, within 2 business days of prize draw, and/or receiving of the nominated account information from the winning entry.

Payment of fundraising monies will be sent to the organisation’s nominated bank account with 2 business days of the draw being closed.

Multiple fundraisers and draws can take place at any time.

3. Refunds, returns, and exchanges

By purchasing a draw entry on our platform, you are providing support to the WIN ON HERE brand, and the fundraising projects it supports. It is important to note that draw entries purchased are non-refundable.

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 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.

Eligibility is limited to persons equal to or over the age of 18.

As part of the registration process, you may be asked to submit your name, address, email address and/or similar information. You agree that all information you provide to WIN ON HERE for purposes of entering a draw (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 entry. You shall promptly update your Registration Information to keep it true, accurate, current, and complete.

In purchasing a draw entry, you shall not (a) select or use the email address or name of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without authorization, or (c) use an email address or name that is profane, offensive, or otherwise inappropriate.

You may not share or transfer a draw entry. You agree to immediately notify WIN ON HERE by sending an email to win@winonhere.com of any known or suspected unauthorized use(s) of your draw entry or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your personal information. You understand and agree that you shall be liable for all activities that occur under any draw entry, even if such activities were not committed by you. WIN ON HERE is not responsible for any loss or damage.

4. Termination of Account.

You understand and agree that you have no ownership rights, and WIN ON HERE may stop offering the Service at any time. Further, WIN ON HERE may cancel your draw entry, delete all of your Registration Information and any other information you have provided through the Site (collectively, User Content) associated with your draw entry at any time, without notice, for any reason or no reason including, without limitation, your violation of these terms and conditions. WIN ON HERE will not be liable for any damages or loss resulting from the removal of any User Content from the Site and/or the Service.

5. 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 unauthorized 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 WIN ON HERE 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 draw entrants 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 unauthorized 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 authorized 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 WIN ON HERE, 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 WIN ON HERE 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.

6. Hyperlinks

Links from the Site. The Site may contain links to websites operated by other parties. WIN ON HERE 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 WIN ON HERE, and WIN ON HERE is not responsible for the content available on the other sites. Such links do not imply WIN ON HERE endorsement of information or material on any other site and WIN ON HERE disclaims all liability with regard to your access to and use of such linked websites.

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 WIN ON HERE 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 WIN ON HERE 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 organization or entity is sponsored by, affiliated with, or associated with WIN ON HERE (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) WIN ON HERE reserves the right to revoke its consent to the link at any time and in its sole discretion.

7. WIN ON HERE Intellectual Property and Intellectual Property Infringement

The interfaces, content, arrangement and layout of the Site including, but not limited to, the WIN ON HERE trademark and logo, designs, text, artwork, graphics, images, buttons, user interfaces, information and other content, and any compilation of the foregoing (WIN ON HERE Intellectual Property) are the property of WIN ON HERE, 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 WIN ON HERE.

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 WIN ON HERE Intellectual Property or third-party content located on the Site in any manner not expressly permitted under these terms and conditions.

8. Representation and Warranties of Draw Entries

The Participant represents and warrants that it shall not contact the any affiliate, employee, sponsor or partner of WIN ON HERE in order to manipulate the Contest results.

9. Win On Here Draw Disclaimers

By purchasing a draw entry, you become a Customer and Participant of WIN ON HERE. A 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 a draw shall be resolved individually without any form of class action;
Any claims judgments and awards shall be limited to actual out of pocket costs incurred in entering a draw, but under no circumstances will WIN ON HERE 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 WIN ON HERE, 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 WIN ON HERE was advised of the possibility of such damages.
WIN ON HERE reserves the right to disqualify any Participant found to be tampering with or otherwise abusing any aspect of a draw, as solely determined by WIN ON HERE.
In the event that a draw is compromised by non-authorised human intervention, tampering or other causes beyond the reasonable control of WIN ON HERE, that corrupt or impair the administration, security, fairness or proper operation of the Contest, WIN ON HERE reserves the right to suspend, modify or terminate the draw.
Any attempt by a Participant to deliberately damage the Site to undermine the legitimate operation of a draw is a violation of criminal and civil laws, and should such an attempt be made, WIN ON HERE reserves the right to seek damages from any such Participant to the fullest extent permitted by Law.
WIN ON HERE 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.
A draw is void where prohibited or restricted by law.
Where suspicion of manipulation involving the administration, security, fairness or proper operation of a draw, WIN ON HERE reserves the right to suspend, modify or terminate the Contest.

10. Cookies:

The website uses cookies to help personalize your online experience. By accessing Win On Here, you agreed to use the required cookies.

A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.

11. License:

Unless otherwise stated, WIN ON HERE and/or its licensors own the intellectual property rights for all material on Win On Here. All intellectual property rights are reserved. You may access this from Win On Here for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

Copy or republish material from Win On Here
Sell, rent, or sub-license material from Win On Here
Reproduce, duplicate or copy material from Win On Here
Redistribute content from Win On Here

This Agreement shall begin on the date hereof.

Parts of this website offer users an opportunity to post and exchange opinions and information in certain areas of the website. WIN ON HERE does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of WIN ON HERE, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, WIN ON HERE shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

WIN ON HERE reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.

You warrant and represent that:

You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant WIN ON HERE a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.

12. Content Liability:

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are raised on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

13. Reservation of Rights:

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

14. Removal of links from our website:

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

15. Disclaimer:

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

Limit or exclude our or your liability for death or personal injury;
Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
Limit any of our or your liabilities in any way that is not permitted under applicable law; or
Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Updated 15 April 2024