
Terms of Service
Last updated on 13 September 2023
Ecosa Group Pty Ltd
ABN 68 604 828 766
In these terms, we also refer to Ecosa as “our”, “we”, or “us”. And you are you!
What are these terms about? These terms apply when you use this website, being https://www.ecosa.com.au/ and any other websites we operate with the same domain name and a different extension (“Website”). These terms also apply when you purchase products through this Website (“Products”).
We separated these terms into three parts, so they are easy to read and understand.
Those parts are:
- Part A: Terms for when you buy Products (applies when you buy)
- Part B: Terms for when you browse and interact with this Website (applies when you browse)
- Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)
- Part D: Promotional terms
Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.
Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date on this page under 'Overview' to see when we last updated these terms.
- By submitting an order for purchase of a Product using the Website’s functionality (Order) you represent and warrant that:
- you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
- you are authorised to use the debit or credit card you provide with your Order.
- Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
- Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.
- You do not need an Ecosa account to submit an Order, however for ease of access and to receive member benefits we will make available from time to time, you can sign-up, register and receive an account through the Website (an Account).
- As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
- You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
- Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
- We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.
- (Free Delivery) Ecosa offers free delivery on all Orders within Australia (excluding rural or remote areas).
- (Delivery Costs) For any Orders that do not qualify for free delivery, delivery costs will be added to the cart upon checkout.
- (Eligible Locations) Ecosa may only deliver your Order to eligible locations set out on the Website. If your delivery address does not fall within the boundaries of these eligible locations, please contact us via our website for further details. If you do not contact us, we are not obligated to fulfil your Order and we will refund you any payment made in respect of that Order.
- (International Orders) Ecosa does not deliver to locations outside of Australia.
- (Delivery Issues) Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives.
- (Delivery Times) All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
- (Loss or Damage to Product during Delivery) Where a Product is lost or damaged as a result of or in connection with the delivery provided by a third-party courier, we may, in our absolute discretion, provide you with a replacement. Please contact us using the contact details set out on our website with full details of the loss or damage (including images, if possible).
- (Damage to Packaging during Delivery) Where the packaging of your Product is damaged as a result of or in connection with the delivery provided by a third-party courier, please contact us at [email protected] with a full description of the damage (including images).
-
CANCELLATION BY US
We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment. -
CANCELLATION BY YOU
You may cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refunds and exchanges process in clause 8 may apply. -
RETURNS
returns and exchanges
We will provide a full refund of the price paid for a Product if we determine that:
- A Product you have ordered was not received by you solely due to failure by us;
- a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or
- a Product is faulty, in which case we may provide store credit, a replacement or a full refund of the price paid for a Product.
- Faulty products - see faulty product process
The following process applies to any Product you believe to be faulty.
- If you believe your Product is faulty, please contact us using the details provided on our Website with a full description of the fault (including images).
- If we determine that your Product may be faulty, we will request that you send the Product back to us at your cost for further inspection, including any accessories, manuals, documentation or registration shipped with the Product. We reserve the right to further inspection before deeming a Product faulty.
- If we determine in our reasonable opinion that the Product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care, we will refuse your return and send the Product back to you at your cost.
- If we determine that the Product is faulty, we will issue you with a store credit, replacement or refund (including shipping costs) depending on the nature of the fault. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
- If you fail to comply with the provisions of this clause 8 in respect of a faulty Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the faulty Product.
- Nothing in this clause 8 is intended to limit or otherwise affect the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.
-
change of mind returns
- We only offer change of mind returns for Approved Products.
- If you purchase an Approved Product and you are not satisfied with the Approved Product for any reason (acting reasonably), we will offer you a full refund of the fees paid for that Approved Product (100 Day Guarantee).
- To claim a refund under our 100 Day Guarantee, you must contact us via the contact details on our Website within 100 days of paying for an Approved Product. We will then endeavour to provide you with a refund as soon as is reasonably practicable.
-
The following Products are covered by the 100 Day Guarantee, and are defined as an “Approved Product” for the purposes of this agreement:
- Vital Mattress;
- Align Firm Mattress;
- Ecosa Mattress;
- Pure Mattress;
- Cot Mattress;
- Ecosa Pillow;
- Rio Sofabed; and
- Rio Ottoman
-
limited warranty against defects
- We offer a 45 day, 100 day, one (1) year, five (5) year, ten (10) year and 15 year limited warranty against defects for certain Products.
- The full policy, including instructions on how to make a claim under it, is set out in Appendix A.
- All prices are:
- per unit (except where indicated);
- in Australian Dollars; and
- subject to change prior to you completing an Order without notice.
- (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.
- (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by Ecosa, you must pay the GST subject to Ecosa providing a tax invoice.
- (Card surcharges) Ecosa reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
- (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Products, including Adyen. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment. Adyen’s terms and conditions are available here: https://www.adyen.com/legal/terms-and-conditions.
- (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
- We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.
- Until the price of your Products is paid in full, title in those Products is retained by Ecosa. Risk in the Products will pass to you on delivery in accordance with clause 6. Delivery must not be refused by you.
You acknowledge and agree that:
- we are not responsible for any loss, damage, liability, expense, claim, injury, illness or death associated with the purchase or use of our Products if you do not use them in accordance with and/or comply with this clause 4;
- you will use our Products responsibly and follow any instructions on our Products,
- if you experience any negative symptoms (such as an allergic reaction) when you use our Products, you must immediately stop using the Products and check with a health professional whether the Products are right for you;
- the information contained on our Website, our Products or our services is not professional medical advice, and you should not rely on such information as a substitute for medical, health, psychological or professional advice;
- any recommendations provided on our Website (including in our blog posts or articles) are for educational purposes and are based on our experience;
- please seek medical advice from a trained medical professional in relation to any medical issues you are experiencing;
- by not seeking appropriate medical advice, you accept the risk that the information contained in our Products and/or on our Website may not meet your specific needs, circumstances or goals;
- we do not guarantee that you will achieve any specific personal or medical outcomes or results by using our Products;
- our Products may be heavy and could cause injury if handled incorrectly and as such you agree to take due care and caution when lifting, moving, repositioning and/or relocating our Products; and
- you acknowledge and agree that we are not responsible for any loss, damage, liability, expenses, claim, injury or death associated with the lifting, moving, repositioning and/or relocating of our Products.
-
INFORMATION ON THE WEBSITE
-
While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
- the Website will be free from errors or defects (or both, as the case may be);
- the Website will be accessible at all times;
- messages sent through the Website will be delivered promptly, or delivered at all;
- information you receive or supply through the Website will be secure or confidential; and
- any information provided through the Website is accurate or true.
- We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
-
-
INTELLECTUAL PROPERTY
- Ecosa retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
- You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Ecosa or as permitted by law.
- In this clause 15, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
-
THIRD PARTY TERMS AND CONDITIONS
- You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply.
- You agree to any Third Party Terms applicable to any third party goods and services, and Ecosa will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
-
LINKS TO OTHER WEBSITES
- The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
- Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
-
SECURITY
Ecosa does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference. -
REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
- (Liability) To the maximum extent permitted by applicable law, Ecosa limits all liability in aggregate of all claims to you (and any third parties who encounter the services or goods through you) for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this agreement or any goods or services provided by Ecosa to the total Fees paid by you to Ecosa under the most recent Order.
- Claims for loss of or damage to Products in transit must be made against the carrier.
- Products sold by Ecosa, will have only the benefit of any warranty given, and insurance held, by the manufacturer.
- All other express or implied representations and warranties in relation to Products and the associated services performed by Ecosa are, to the maximum extent permitted by applicable law, excluded.
- Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
-
(Indemnity) You indemnify Ecosa and its employee, contractors and agents in respect of all liability for any claim(s) by any person (including any third party who encounter the services or goods through you) arising from your or your representatives’:
- breach of any third party intellectual property rights;
- breach of any of these terms;
- use of the Website;
- negligent, wilful, fraudulent or criminal act or omission; or
- use of any goods or services provided by Ecosa.
- (Consequential loss) To the maximum extent permitted by law, under no circumstances will Ecosa be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by Ecosa (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
-
GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum. -
WAIVER
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver. -
SEVERANCE
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected. -
JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally. -
ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party. -
COSTS
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms. -
ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms. -
INTERPRETATION
- (singular and plural) words in the singular includes the plural (and vice versa);
- (currency) a reference to $, or “dollar”, is to Australian currency;
- (gender) words indicating a gender includes the corresponding words of any other gender;
- (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
- (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
- (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
- (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
- (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
- (headings) headings and words in bold type are for convenience only and do not affect interpretation;
- (includes) the word “includes” and similar words in any form is not a word of limitation; and
- (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
-
NOTICES
- Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement.
- If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent.
- The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.
- Ecosa retains all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.
- In this clause 10, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
-
We may do any of the following:
- outsource any part of performing any services related to providing the Products, including delivery of your Products; or
- procure materials and Products from third party suppliers, without further notice to or permission from you.
- To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.
- For When You Browse This Website…
You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.
YOUR OBLIGATIONS
You must not:
- copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Ecosa;
- use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
- use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
- use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
- use the Website with the assistance of any automated scripting tool or software;
- act in a way that may diminish or adversely impact the reputation of Ecosa, including by linking to the Website on any other website; and
-
attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
- gaining unauthorised access to Website accounts or data;
- scanning, probing or testing the Website for security vulnerabilities;
- overloading, flooding, mail bombing, crashing or submitting a virus to the Website; or
- instigate or participate in a denial-of-service attack against the Website.
- This promotion will run on the ecosa.com.au website and Ecosa stores.
- This promotion is only available on orders placed on ecosa.com.au and Ecosa stores.
- This promotion gives 20% discount for every customer registered to our email list and may not be valid in conjunction with other offers, promotions or discounts.
- If you wish to return an item for which you received 20% discount, Ecosa will refund you the price you paid during the promotion (not the original price). Please contact customer service at [email protected] to start the process.
- Ecosa reserves the right to amend these terms and conditions at any time.
- This promotion will run through our email welcome journey.
- This promotion is only available on orders placed on ecosa.com.au.
- This promotion is part of the existing 20% discount promotion for every customer registered to our email list and not giving an extra discount on the current promotion.
- If you wish to return an item for which you received 20% discount, Ecosa will refund you the price you paid during the promotion (not the original price). Please contact customer service at [email protected] to start the process.
- Ecosa reserves the right to amend these terms and conditions at any time.
- Your items may arrive separately. You will be notified via email if this is the case.
- The bundle promotion can be used in conjunction with our 20% site wide discount.
- The bundle promotion cannot be used with any other sales, offers or discounts advertised on ecosa.com.au, except 20% site wide.
- If you want to return the Ecosa Mattress within the 100-night trial, please note that the refund will exclude the $ amount of the bundle discount you received. Please contact customer service at ecosa.com.au/contact-us to start the process.
This offer ("Promotion") is provided by Ecosa (ECOSA GROUP PTY LTD), ABN 68 604 828 766, located at 9 Prince Patrick Street, Richmond, Victoria 3121.
Promotion Period
This offer is valid from 12:00:01am AEST on 15 June 2025 and ends at 11:59:59pm AEST on 30 April 2026 (“Promotion Period”).
Offer Details
Eligible customers will receive 30% off sitewide when they:
1. Subscribe to the Ecosa email newsletter; and
2. Enter the unique coupon code provided via the Melbourne Museum Sleepover flyer (“Coupon Code”) at checkout.
The discount will be applied only if both conditions are met at the time of purchase.
Limit: One (1) use per customer. One coupon per transaction. The offer is only valid for a single use and cannot be applied to future purchases or split across multiple orders.
Eligibility Criteria
To be eligible for this offer, customers must:
1. Be subscribed to the Ecosa newsletter using the same email address used at checkout; and
2. Apply the valid Coupon Code during the Promotion Period.
Customers who do not meet the above requirements will not receive the discount, and no partial discounts will be offered.
Offer Conditions
- This offer cannot be used in conjunction with any other discount, promotion, bundle deal or offer.
- Once applied, the 30% discount will override any existing discount in the cart.
- The discount will not apply to previous purchases.
- If the email address entered at checkout is not actively subscribed to Ecosa’s newsletter at the time of transaction, the discount will not apply.
- Offer not redeemable for cash or gift cards.
- Offer valid only on purchases made at www.ecosa.com.au.
- Ecosa reserves the right to verify the validity of newsletter subscriptions and disqualify any misuse.
Ecosa reserves the right to:
- Modify or cancel this offer at any time without notice;
- Reject a transaction if it suspects fraudulent activity, abuse of the offer, or failure to meet the eligibility requirements.
By participating in this promotion, customers consent to receiving marketing communications from Ecosa in accordance with our Privacy Policy. Personal information collected will be used for the purposes of administering this offer and future Ecosa marketing, in compliance with applicable laws.
The Key Terms and these terms and conditions (together the Terms) make up the rules for an Entrant’s participation in the Promotion. By participating, the Entrant accepts these Terms. Capitalised terms in these terms and conditions have the meaning given to them in the Key Terms.
To enter the Promotion, Entrants must complete the Entry Procedure during the Entry Period.
Entrants may enter the Promotion up to the Maximum Number of Entries.
Entries are deemed to be received at the time of receipt by the Promoter, not at the time of transmission by the Entrant.
Using automated entry software or any other means to automatically enter the Promotion multiple times is not allowed. If an Entrant does this, all their entries will be invalid.
Incomplete or ineligible entries, as well as entries that breach these Terms or any other content guidelines set by the Promoter, will not be valid. The Promoter reserves the right, at any time, to verify the validity of entries and Entrants (including an Entrant’s identity, age and place of residence) and to disqualify any Entrant or Winner.
Promotion Period
This offer is valid from 12:00:01am AEST on 15 June 2025 and ends at 11:59:59pm AEST on 30 April 2026 (“Promotion Period”).
If a dispute arises as to the identity of an online Entrant, the entry will be deemed to have been submitted by the authorised account holder of the email address. The Promoter may ask any Entrant to provide the Promoter with proof that they are the authorised account holder of the email address associated with the entry.
Prize Draw
The draw to determine the winning Entrant (Winner) for the Promotion will be conducted in accordance with the Draw Details and the Winner notified as set out in the Key Terms.
The Winner’s full name, city of origin, and postcode will be published on the Promoter’s website (set out in the Key Terms), within 30 days of the Draw Date, or Redraw Date if applicable, for 28 days. It is a condition of entry into the Promotion that the Winner consents to the publication of such information and participates in any media releases which may include photographs of the Winner by the Promoter. By entering this Promotion, Entrants consent to the use of their names and likenesses in this manner.
Entrants are responsible for all expenses incurred when entering the Promotion and accessing, claiming and/or using the Prize (unless otherwise stated in these Terms).
Each valid entry will NOT be individually judged, unless otherwise specified in these Terms. Each entry has an equal chance of winning. The Winner will be confirmed by the Promoter.
The Promoter’s decision is final and the Promoter will not enter into correspondence with Entrants regarding the decision.
If a Winner’s entry is found to be invalid, the Promoter may redraw or decide on another winning entry.
Prizes
The Prize(s) are specified in the Key Terms. THE PRIZE IS NOT TRANSFERRABLE AND NOT REDEEMABLE FOR CASH unless otherwise specified in these Terms.
If any Prize is unavailable and the Promoter has used all reasonable efforts to arrange the Prize, the Promoter reserves the right to substitute the Prize with a prize of equal value and/or specification, subject to any written directions from a regulatory authority.
The Promoter and/or any supplier of the Prize or any part of the Prize may, in their absolute discretion:
reserve the right to refuse to allow the Winner or their companion(s) (if any) to take part in any or all aspects of the Prize if they reasonably believe the Winner or their companion(s) (if any) represent a safety risk or for any other reason; and may cancel the relevant component of the Prize if the conditions are deemed dangerous.
(Cash) Where cash is awarded as a Prize, the Prize will be awarded in the form of a bank cheque (unless the Winner is based in New South Wales and the cash value exceed $5000, in which case it will be transferred electronically), via PayPal transfer (fees may apply and are the responsibility of the Winner) or electronic funds transfer to the Winner’s nominated bank account, at the Promoter’s election.
Claiming Prizes
The Prize(s) must be claimed by the Redemption Date in accordance with any claim instructions set out in the Key Terms, or it will be deemed forfeited by the Winner.
The Promoter offers a 100-day trial period on select products. If the Winner returns any product(s) for a refund during the 100-day trial period, their eligibility for the Prize may be affected as follows:
If the return reduces the total purchase amount below $500, the entry will be deemed invalid, and the Prize will be redrawn; or
If the return reduces the total purchase amount but it remains $500 or above, the Winner will retain their eligibility for the Prize.
If any Prize remains unclaimed, a second draw or selection for the Prize will take place in accordance with the Key Terms, specifically the Unclaimed Prize Redraw, subject to any directions from a regulatory authority. The alternative Winner, if any, will be notified in accordance with the Key Terms, specifically Notification of Unclaimed Prize Redraw Winners.
The Promoter will deliver the Prize within 28 days of the Draw Date and will be delivered in Australia only. Should circumstances outside the Promoter’s control occur, which cause a delay in delivery of the Prize, the Promoter will not be liable.
General
(Amendments) If for any reason any aspect of this Promotion is not capable of running as planned, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to State or Territory regulation.
(Consequential Loss) Despite anything to the contrary, but subject to the Non-Excludable Guarantees (as defined below), neither party will be liable under these Terms for any consequential, special or indirect loss including loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use (including both real and anticipatory) and/ or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
(Currency) Unless expressly stated otherwise, a reference in these terms or in any advertisement relating to the Promotion, to Australian dollars, dollars, AUD, AU$ or $ is a reference to the lawful currency of Australia.
(Dispute Resolution) In the event of a dispute, Entrants must contact the Promoter and attempt to resolve the dispute in good faith. If the matter cannot be resolved, either party may refer the matter to a mediator. The costs of the mediation will be shared equally between the parties.
(Force Majeure) The Promoter will not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure is caused or contributed to by an event or circumstance outside of the Promoter’s reasonable control or influence.
(Jurisdiction) These Terms are governed by the laws of the relevant state or territory in Australia. Entrants submit to the jurisdiction of the courts of the relevant state or territory jurisdictional authority.
(Non-Excludable Guarantees) Nothing in these Terms limits, excludes or modifies or purports to limit, exclude or modify any legislation which cannot lawfully be excluded or limited, including the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth) or any other applicable State or Territory consumer protection legislation.
(Personal Information) The Promoter collects personal information from all Entrants in order to conduct the Promotion and may, for this purpose, collect, use and disclose such information to third parties, including to agents, contractors, service providers, suppliers of Prizes, and as required, to regulatory authorities. Please see the Promoter’s Privacy Policy (linked in the Key Terms) and any privacy collection notice provided for more information about how the Promoter handles personal information. By providing personal information to the Promoter, the Entrant agrees to the collection, use, storage and disclosure of that information as described in this clause and the Promoter’s Privacy Policy.
(Social Media) The use of social media is subject to the prevailing terms and conditions of use of the social media platform. Unless otherwise indicated in these Terms, the Promotion is in no way sponsored, endorsed or administered by, or associated with any social media platform. If an Entrant uses social media to participate in the Promotion, the Entrant understands that they are providing their information to the Promoter and not to any social media platform. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other Internet users. By participating in the Promotion, the Entrant releases the applicable social media site from all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs associated with the Promotion.
Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
Entry is only open to Australian residents aged 18 years or over who attend the Adult Museum Sleepover event at Melbourne Museum between 27 June 2025 and 01 July 2025 (“Promotional Period”). Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de facto spouse, child or stepchild (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
To enter, eligible individuals must do one (1) of the following during the Promotional Period or within 48 hours of the event ending:
1. Take a photo at the Sleepover event next to an Ecosa mattress in the designated Sleepover space.
2. Share the photo publicly on Instagram or Facebook, tagging @ecosa_sleep and @melbournemuseum, and using the hashtag #DinoSnooze.
Alternatively, if the entrant does not have social media, they may submit the photo via email to [email protected] within the same timeframe.
Only one (1) entry per person is permitted.
Photos must be original and taken during the event. By submitting an entry, entrants agree to allow Ecosa and Museums Victoria to repost or share the image across their respective digital and marketing channels.
The winning entry will be judged by a panel from Ecosa and Museums Victoria, based on the following criteria:
- Creativity
- Use of the dinosaur/sleepover theme
- Engagement with the Sleepover environment
The winner will receive: One (1) Queen Ecosa Mattress, valued at AUD $920 (Ecosa Member RRP).
Total prize pool value: AUD $920.
The winner will be notified via the social platform used to enter or via email (if submitted through email) within five (5) business days of judging. The Promoter may publish the winner’s first name, last initial, and State/Territory on www.ecosa.com.au or associated Ecosa and Melbourne Museum social media channels.
If the prize is not claimed within 7 days of notification, a rejudging may take place. In that case, the new winner will be notified via the same method used to enter and will be published as required by law.
The prize is not transferable or redeemable for cash.
If this promotion is affected by events beyond the Promoter’s reasonable control (including, but not limited to, war, pandemic, natural disaster, or system failure), the Promoter reserves the right to modify, suspend, cancel or terminate the promotion, subject to any written directions from relevant regulatory authorities.
To the fullest extent permitted by law, the Promoter and its employees, agents and contractors exclude all liability (including negligence) for any loss or damage arising out of or in connection with this promotion, including but not limited to:
- technical issues or delays;
- lost, late, incomplete or misdirected entries;
- unauthorised access to or alteration of entries;
- acts or omissions of third parties; or
- failure by any entrant to meet eligibility requirements.
The Promoter is not responsible for any tax implications that may arise from the prize. Independent financial advice should be sought.
The Promoter collects personal information (“PI”) to administer the promotion and may disclose PI to third-party service providers or regulatory authorities as required. Entry is conditional on providing this PI.
The Promoter’s Privacy Policy is available at https://www.ecosa.com.au/privacy. Entrants consent to the use of their PI for promotional, marketing, publicity, research and profiling purposes, including by email or phone, unless they withdraw such consent.
If any part of these Terms and Conditions is found to be invalid or unenforceable, the remainder will remain in full force and effect.
These Terms and Conditions are governed by the laws of Victoria, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of that jurisdiction.
The Promoter is Ecosa (ECOSA GROUP PTY LTD), ABN 68 604 828 766, at 9 Prince Patrick Street, Richmond, Victoria 3121, Australia.
This promotion is run in collaboration with Museums Victoria.
Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
Entry is only open to children who attend the Family Museum Sleepover events at Melbourne Museum between 17 July 2025 and 23 July 2025 (“Promotional Period”).
Entries must be submitted under the supervision and with the consent of a parent or legal guardian.
Employees (and their immediate families) of the Promoter or Museums Victoria and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, de facto spouse, child or stepchild (whether natural or by adoption), parent, stepparent, grandparent, sibling, stepsibling or legal guardian.
To enter, eligible entrants must:
- Attend the Family Museum Sleepover at Melbourne Museum during the Promotional Period;
- Complete one (1) original drawing on the official entry sheet provided at the event, responding to the prompt: “What do you think dinosaurs dream about?”;
- Clearly write the child’s first name only and age on the drawing;
- Complete the drawing over breakfast at the event, take a photo of the creation and submit via email to [email protected] on the morning of your Museum Sleepover experience. The parent or guardian must include their full name and contact details in the email for the competition entry to be valid.
By submitting your entry, you agree to Ecosa sharing your information with Museums Victoria.
Only one (1) entry is permitted per child. Entries must be original and created solely by the child. The use of artificial intelligence (AI) tools or pre-drawn templates is strictly prohibited. Any entry deemed to breach these Terms and Conditions may be disqualified at the Promoter’s discretion.
The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including the identity, age and place of residence of the entrant and their parent/guardian) and to disqualify any individual who the Promoter reasonably believes has breached these Terms and Conditions or tampered with the entry process. Errors and omissions may be accepted at the Promoter’s discretion. The Promoter’s legal rights to recover damages or other compensation are reserved.
If there is a dispute as to the identity of an entrant, the Promoter reserves the right to determine, in its sole discretion, the identity of the entrant.
Entries will be judged by a panel of representatives from Ecosa and Museums Victoria based on creativity, originality, and connection to the theme. Judging and the prize draw will take place at 9 Prince Patrick Street, Richmond, Victoria 3121, on 21 July 2025, the first business day following the final Family Museum Sleepover event for that weekend.
Three (3) winners will be selected:
One (1) major winner will receive:
- One (1) Ecosa Kids Pillow ($120)
- One (1) $100 Museums Victoria Store Voucher
Two (2) runners-up will each receive:
- One (1) Museums Victoria Gift Membership (valued at $109 each)
Total prize pool value: AUD $438. Prizes are not transferable, exchangeable or redeemable for cash.
The winners will be notified via the contact details provided in their email entry within five (5) business days of the judging. If required by law, the winners’ first name, last initial, and State/Territory may be published online at www.ecosa.com.au from 27 July 2025.
To claim the prize, the winner (via their parent or guardian) must respond within 7 days of notification. If the prize is not claimed by 31 July 2025, the Promoter reserves the right to select an alternative winner using the same judging criteria.
By entering this competition, the parent or guardian consents to the Promoter and Museums Victoria displaying or publishing the child’s drawing in promotional and marketing materials, including but not limited to social media, websites, email newsletters and printed content. The child’s first name and age may be included if published.
The Promoter collects personal information (“PI”) to administer the promotion and may disclose PI to third-party service providers or regulatory authorities as required. Entry is conditional on providing this PI.
The Promoter’s Privacy Policy is available at https://www.ecosa.com.au/privacy. Entrants (via their parent or guardian) consent to the use of their PI for promotional, marketing, publicity, research and profiling purposes, including by email or phone, unless they withdraw such consent.
If any Family Museum Sleepover event dates change due to unforeseen circumstances, the Promoter reserves the right to amend the competition schedule (including the Promotional Period, judging date, and winner notification timelines) accordingly. Any updates will be communicated via www.ecosa.com.au or directly to entrants where appropriate.
If this promotion is affected by events beyond the Promoter’s reasonable control (including but not limited to war, pandemic, natural disaster or system failure), the Promoter reserves the right to modify, suspend, cancel or terminate the promotion, subject to any written directions from relevant regulatory authorities.
To the fullest extent permitted by law, the Promoter and its employees, agents and contractors exclude all liability (including negligence) for any loss or damage arising out of or in connection with this promotion, including but not limited to:
- technical issues or delays;
- lost, late, incomplete or misdirected entries;
- unauthorised access to or alteration of entries;
- acts or omissions of third parties; or
- failure by any entrant to meet eligibility requirements.
These Terms and Conditions are governed by the laws of Victoria, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of that jurisdiction.
The Promoter is Ecosa (ECOSA GROUP PTY LTD), ABN 68 604 828 766, at 9 Prince Patrick Street, Richmond, Victoria 3121, Australia.
This promotion is run in collaboration with Museums Victoria.
We use cookies to personalize content and to provide you with an improved user experience. By continuing to browse this site you consent to the use of cookies. Please visit our cookie policy for further details.