6.1 The prize is non-transferable and cannot be exchanged for cash or credit.
6.2 The Website Prize must be accepted by way of Prize Acceptance within fourteen (14) days of notification.
6.3 The winner must commence the website project within ninety (90) days of Prize Acceptance.
6.4 If the winner fails, without reasonable cause, to commence the project within this period, the Promoter reserves the right to withdraw the prize.
6.5 If the winner fails, without reasonable cause, to provide information, approvals, access or cooperation reasonably required for delivery of the prize within thirty (30) days of request, I-COM may suspend delivery and may withdraw the prize if the delay continues for a further thirty (30) days.
6.6 The winner must enter into and sign the Promoter’s standard website services agreement before any work commences. The Promoter’s standard website services agreement shall contain terms reasonably consistent with these Terms and Conditions and the scope of the Website Prize. Failure to sign the agreement within ninety (90) days of Prize Acceptance, without reasonable cause, will result in forfeiture of the prize.
6.7 Project Eligibility and Suitability
The Promoter may refuse to commence, suspend or withdraw delivery of the Website Prize only where:
- a) the proposed website would be unlawful, misleading, fraudulent, defamatory or otherwise in breach of applicable laws, regulations or professional rules;
- b) the winner ceases to satisfy the eligibility requirements set out in these Terms and Conditions;
- c) the winner fails to provide information, approvals, access, instructions or cooperation reasonably required for delivery of the Website Prize within the applicable timeframes;
- d) delivery of the proposed website would require functionality, integrations, technical specifications, procurement requirements or information security obligations that:
- (i) are materially outside the scope of the Website Prize described in Section 5;
- (ii) would require the Promoter to incur material third-party costs or undertake substantial additional work beyond that reasonably contemplated by the Website Prize; or
- (iii) would prevent the Website Prize from being delivered within the maximum value stated in clause 5.6.
- e) the winner materially breaches these Terms and Conditions or the applicable website services agreement.
The Promoter shall act reasonably and in good faith when exercising its rights under this clause and shall provide written reasons for any refusal, suspension or withdrawal of the Website Prize.
6.8 Any work exceeding the stated prize value shall be chargeable at the Promoter’s standard rates.
6.9 Website Prize Scope and Compliance Requirements
The Website Prize is intended for the design and build of a website for the winner’s primary regulated legal practice in accordance with Section 5.
The Promoter acknowledges that the winner may be subject to legal, regulatory, information security, supplier onboarding, procurement or professional compliance requirements.
The Promoter shall reasonably cooperate with proportionate onboarding, information security and compliance enquiries that are necessary for the winner to satisfy its legal or regulatory obligations, provided that:
- a) such requirements are reasonable and proportionate to the scope and value of the Website Prize;
- b) compliance with such requirements does not require the Promoter to incur material third-party costs, obtain certifications it does not ordinarily hold, undertake bespoke audits, or agree material amendments to its standard contractual terms; and
- c) the requirements do not materially alter the scope, value or delivery timetable of the Website Prize.
The parties shall act reasonably and in good faith to agree a reasonable and proportionate approach to such requirements. Where, despite having done so, the parties are unable to agree such an approach within sixty (60) days of Prize Acceptance, either party may withdraw from the Website Prize without liability, save for liability that cannot lawfully be excluded, and the Promoter may select an alternative winner. Any withdrawal under this clause shall be without liability, save for liability that cannot lawfully be excluded.
6.10 Delivery Methodology - The prize does not create a procurement, tender or competitive selection process. I-COM reserves the right to determine the methodology, technology stack, platforms, project delivery approach and resources used in delivering the prize.
Nothing in these Terms and Conditions shall prevent the winner from carrying out reasonable and proportionate supplier onboarding, information security, procurement, regulatory or compliance review processes that are reasonably necessary for the winner to accept and receive the Website Prize.
However, I-COM shall not be required to:
- a) obtain certifications, accreditations or approvals that it does not ordinarily hold;
- b) undergo third-party audits at its own cost;
- c) agree material amendments to its standard contractual terms;
- d) adopt technology platforms, systems or methodologies specified by the winner; or
- e) incur material additional cost, delay or resource commitments beyond those reasonably contemplated by the Website Prize.
6.11 Intellectual property rights in any deliverables forming part of the prize shall be governed by I-COM’s standard service agreement.