The purpose of the Website is to display various content that people submit or share in connection with the Website and that content may include images, photos, text, graphics, data, files, information, usernames (including social media “handles”), profiles, audio and video clips, sounds, musical works, applications, links and other content or material (Content).
Your Content may be submitted or shared to the Website in either of the following ways:
Other people who access the Website can then view and share your Submitted Content to their own social media account including Facebook and Twitter using functionality on the Website (Shared Content) where it may then be used in accordance with the terms and conditions of the particular social media platform. By providing Submitted Content to us, you agree to your Submitted Content being accessed, shared and re-shared as Shared Content.
Linked: You may have a Facebook, Twitter or Instagram account that is set to public settings and as part of your use of that social media account you post Content to it together with the hashtag “#Joyments” or “#Joyment” which will then automatically link your posted Content through to the Website (Linked Content). Once your Linked Content successfully passes our moderation procedure, it will be displayed on the Website together with your own “handle” from your applicable social media account (which is the public username and identity of your social media account).
Other people who access the Website can then view your Linked Content but the Website does not provide the functionality for them to then share your Linked Content via the Website to their own social media account. Your Linked Content is in-line linked content which only displays on the Website by virtue of functionality that links through to your posted content on your social media account and it is not uploaded, downloaded or otherwise copied on to the Website. If you delete the Linked Content on your social media account, it will automatically delete on the Website. If you amend the Linked Content on your social media account, it will amend on the Website. Your Linked Content remains subject to the terms and conditions applicable to you as a user of the particular social media platform.
You warrant that you own or have the right to use the Content and any intellectual property rights in any Content that you use in connection with the Website, and that the use of the Content in connection with the Website (including, but not limited to, in respect of us performing and applying the Website functionality and any use of Submitted Content as Shared Content) is consented to and will not breach any laws or infringe the rights of any person or third party (including without limitation with respect to privacy, intellectual property or any criminal laws).
Your Content must NOT –
violate, misappropriate, infringe or be in breach of any laws, regulations or rights (including the rights of any person or third party), for example, but not limited to, any laws regarding intellectual property, privacy or any criminal laws;
include any third party brand or celebrity (by inclusion of name, image, logo, trade mark or otherwise);
be defamatory, obscene, derogatory, pornographic or contain nudity, sexually inappropriate, aggressive, violent, abusive, harassing, threatening, objectionable (in our view), unsuitable for publication or discriminate/vilify any section of the community including with respect to race, ethnicity, nationality, religion, origin, sexual preference, mental illness, disability or gender;
identify any person under the age of 18 years of age;
identify another person other than yourself without you obtaining their prior consent; or
If your Content identifies you (e.g. is a photo of you or references your name) then you consent to us collecting that personal information of yours in accordance with the Privacy Collection Statement set out separately below. If your Content identifies another person other than yourself (e.g. is a photo of a friend or family member/s) then you have obtained their prior consent to us collecting their personal information in accordance with the Privacy Collection Statement set out separately below.
You agree to and grant to us and our contractors an irrevocable, non-exclusive, perpetual, royalty free, worldwide and transferable right to use, reproduce, adapt, modify, sub-licence, publish and communicate to the public your Content, or any part of your Content, including, but not limited to, in order to perform and apply Website functionality in respect of your Content, to store reproductions of your Content and to use your Content in any current or future advertising, promotional, marketing, publicity or social media purposes of ours in any form of media (including all forms of social media) without any restriction on use (time, geographic or otherwise). Further, you (as creator of the Content or authorised by the creator to provide consent in respect of it) irrevocably consent to us doing things that may, without such consent, otherwise infringe your moral rights such as altering your Content (e.g. cropping, editing or distorting your Content), using your Content without attribution of you as the creator of it and we may give the impression that we created the Content (for example in the event we use your Content in accordance with clause 8).
For the purpose of this clause 7, the reference to Content applies to all Submitted Content but it only applies to Linked Content which has been expressly consented to in accordance with clause 8(b)(ii).
We may wish to use your Content for particular advertising, promotional, marketing publicity or social media purposes of ours, in accordance with the following:
If we wish to use your Submitted Content –
you will have already granted us the right to do this in clause 3; but
if it identifies you or a person other than yourself, we will additionally contact you via the email address you provided when you submitted that Submitted Content to obtain your express consent for use of that Submitted Content that identifies you or a person other than yourself.
If we wish to use your Linked Content –
if it identifies you or a person other than yourself, we will additionally obtain your express consent for use of that Linked Content that identifies you or a person other than yourself.
While care has been taken, and will continue to be taken, in establishing the Website, the functionality of the Website and in aggregating Content that is displayed on the Website, we do not provide any guarantees in respect of the Website or any Content or information on the Website, and as such it is used at your own risk. We are not responsible for any Content on the Website and you are solely responsible for your use of the Website and any Content, including, but not limited to:
As we are not the source of the Content, we expressly and impliedly disclaim any belief in the truth or falsity of any Content posted and we are merely providing access to the Content;
You are responsible for obtaining consent for any third party rights associated with the Content and as such it is submitted or posted by you at your own risk;
Whilst we may moderate and monitor Content that you use in connection with the Website we disclaim all liability in relation to such Content;
You are responsible for any potential breaches by you of any third party rights associated with any Content;
We do not grant any permission or authorisation to you to download or copy any Content on the Website;
For any links to external sites, for example for Linked Content, we are not responsible for any damage caused by accessing the link;
Linked Content is provided by third parties on servers not under our control and the Content is not owned by us; and
We cannot and do not guarantee that using the Website (including sharing any Submitted Content as Shared Content or accessing any Linked Content) will be free of viruses or other codes that may corrupt or infect your computer (including electronic device) and you are solely responsible for implementing virus checking and other procedures to prevent any such corruption or infection.
The accessibility and operation of the Website relies on internet technologies outside of our control. We do not guarantee continuous accessibility, uninterrupted operation or any particular standard of performance of the Website. From time-to-time we may also close or limit access to the Website or functionality of the Website for various reasons including, for example, scheduled downtime.
We reserve the right to terminate the Website, refuse access to the Website or remove Content from the Website, in our absolute discretion, without notice. We are not obligated to monitor or moderate Content on the Website, however, we reserve the right to block, delete or not allow Content to appear on the Website.
If you wish to delete your own Content from the Website:
Please contact us via telephone on 131 868 or email firstname.lastname@example.org and request for the particular Content to be deleted, which we will then do at our earliest convenience. For this to happen, you will need to provide requested details in order for us to identify the particular Content and successfully delete it; and
For Linked Content, if you delete it from your own social media account from which it is linked, it will automatically delete from the Website.
If you are concerned about Content that you have seen on the Website (for example, if you think the Content is infringing your intellectual property rights or the Content is in some way inappropriate or objectionable) please contact us via telephone on 131 868 or email email@example.com to request for the particular Content to be deleted. Please provide details of your complaint and the Content in order for us to correctly identify it.
We will not be liable for any use of the Website (including in respect of any Content you use or access in connection with the Website), to the extent permitted by law. Except to the extent that guarantees under the Australian Consumer Law cannot be excluded, we will not be liable to you for any Loss, Claim or Liability arising from or deemed or alleged to have arisen from or caused by the Website or any of its content or functionality, including without limitation any Content on the Website, your or any other person’s use or misuse of any Content on the Website, your use of or inability to use the Website, delays in operation or transmission, communication line failures, or any errors or omissions in Content save to the extent that such Loss, Claim or Liability arises directly from our negligence or wilful misconduct.
To the extent permitted by law, you agree to indemnify us, our officers, employees and agents from and against any Claims, Loss and Liabilities:
arising directly or indirectly out of your use of the Website and any Content you post on the Website; or
Intellectual property does or may subsist in or relate to the Website and the content we display on the Website, including, but not limited to, copyright, patents and trade marks, whether protectable by statute, at common law or in equity, and whether registered, registrable, or not. We own or are licensed to use that intellectual property on the Website or in content we displayed on the Website and by accessing and using the Website you acknowledge such ownership and/or licence. You agree that you will not in any manner reproduce, modify, adapt, develop, distribute, interfere with, create derivative works from or decompile any such content.
“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
“Claim” means any claim, action, proceeding, litigation, obligation, investigation or demand made against the person concerned however it arises and whether it is present or future, fixed or unascertained, actual or contingent of whatever description.
“Liability” means any debt or other monetary liability or obligation however it arises and whether it is present or future, fixed or unascertained, actual or contingent of whatever description.
“Loss” includes any direct, indirect or consequential loss, loss of chance, damage, Liability, cost or expense however it arises and whether it is present or future, fixed or unascertained, actual or contingent of whatever description.
References to "Tatts Group", “us”, “our” and “we” are references to Tatts Group Limited (ACN 108 686 040) and all its subsidiaries, including:
Tattersall’s Sweeps Pty Ltd (ABN 99 081 925 662) (Tatts);
New South Wales Lotteries Corporation Pty Limited (ACN 142 890 195; ABN 27 410 374 474) (NSW Lotteries);
Golden Casket Lottery Corporation Limited (ACN 078 785 449) (Golden Casket); and
Tatts Lotteries SA Pty Ltd (ABN 41 146 245 007) (Tatts SA);
If the Content that you choose to use as part of using the Website identifies you (e.g. is a photo of you, references your name or, for Linked Content, includes your social media “handle”, usernames or profiles), then we will collect that personal information of yours.
We may collect personal information about you:
For Submitted Content, when you are completing the online submission process (e.g. when you submit your name and email address or if you have chosen to use a photo identifying yourself). That Submitted Content will be stored on a server that is located in Australia and hosted by a third party.
We understand the importance of maintaining the privacy of your personal information and will seek to restrict access where possible. However, there are limited circumstances in which your personal information may be disclosed. Other than as between companies comprising us and our agents and employees, we may disclose your personal information as may be required or authorised by law or to a law enforcement body, gambling regulator or other third party including our contractors (such as IT suppliers and data host providers) or professional advisers (such as lawyers, accountants and auditors). We will not disclose your personal information to overseas recipients unless we tell you otherwise and in circumstances where it is permitted by the Privacy Act 1988 (Cth). We will always endeavour to minimise disclosure of information or de-identify information when lawful and practicable.
By proceeding to use the Website, you consent to the above collection, uses and disclosures.
Subject to any applicable qualifications in the Privacy Act 1988 (Cth), you have a right to access personal information that we hold about you. If at any time your details change or you would like to access any personal information we have collected about you or you would like more information on our approach to privacy, please contact us on the details below. You may also use these details if you wish to make a privacy complaint.
|Mailing Address:||Locked Bag 7, Coorparoo DC QLD 4151|
|General Phone Number:||131 939 or +61 7 3632 6000|
how you may access your personal information;
how you may seek a correction of your personal information; and
how you may complain about a privacy related matter and how we may deal with your complaint.