NEAFL Tipping Comp: Terms and Conditions

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NEAFL FOOTY TIPPING 2018 COMPETITION – Terms and Conditions

1. ENTRY

  1. This document contains the terms and conditions of entry (“these Terms”) into the NEAFL Footy Tipping 2018 Competition (“Promotion”). Entry into this Promotion is deemed acceptance of these Terms.
  2. The Promoter is Australian Football League (“AFL”) ABN 97 489 912 318 of 140 Harbour Esplanade, Docklands 3008 (“Promoter”).
  3. The Promotion will be open from 5:00 pm on Wednesday 21 March 2018 and will continue until the starting time of the last match of the Home and Away Season, which will be no later than 11:59 pm on Saturday, 25 August 2018 (“Promotion Period”). All times in these Terms are expressed as the local time in Melbourne, Victoria.
  4. Entry is open to all people.
  5. Employees and/or contractors of the Promoter are not eligible to win prizes. Non-Australian or New Zealand residents will not be eligible for prizes

2. DEFINITIONS

  1. In these Terms, the following meanings apply in addition to terms which are defined elsewhere in these Terms unless the contrary intention appears:
    • “Comp” (Competition) means a private or public league for entrants to join as individuals.
    • “Cumulative Margin” means, in respect of an Entrant, the sum of the Margin Differences for all Rounds as at a particular date.
    • “Draw” means an even score at the conclusion of a Match.
    • “Entrant” means a person who is eligible to participate in and has submitted an entry into this Promotion in accordance with these Terms.
    • “Judging Location” means the premises located at AFL House, 140 Harbour Esplanade, Docklands, Victoria 3008.
    • “Leaderboard” means the Promotion’s overall ladder of Entrant rankings.
    • “Margin Difference” in respect of a Margin Game means, for an Entrant that:
      • has correctly tipped a winning team, the difference between the margin nominated by the Entrant for that Match and the actual margin for that Match;
      • has tipped the losing team, the aggregate of the margin nominated by the Entrant for that Match and the actual margin for that Match (e.g. if entrant nominates a margin of 14, and their tipped team loses by 20 points, their ‘Margin Difference’ for the Match will be 34); and
      • has not submitted a tip for that Margin Game, the actual margin for that Margin Game as determined by the Promoter.
    • “Margin Game” means the first Match of each Round in the Season as determined by the Promoter.
    • “Match” means a single game of AFL Football, which is conducted during the Season;
    • “Ranking” means where an Entrant ranks or is placed overall in the Promotion.
    • “Round” means one of the 23 rounds consisting of Matches conducted during the Home and Away Season.
    • “Home and Away Season” means the 23 home and away rounds of Matches in the Season.
    • “Season” means the 2018 Toyota AFL Premiership Season.
    • “Score” means the number of points allocated to an Entrant for the correct tipping of winning teams in each Round in accordance with these Terms.
    • “Tipping Website” means the website of the Promoter at neafl.com.au, accessible on the internet through the World Wide Web or via mobile internet enabled devices.

3. ENTRY CONDITIONS

  1. To register for the Promotion Entrants must during the Promotion Period:
    • register their details via the on-line registration form located on the Tipping Website and provide all required information; and
    • opt-in to subscribe to AFL email communications including the “AFL Newsletter” unless previously subscribed (in which case the subscription will carry over) in accordance with the Promoter’s Privacy Policy.
  2. The Promoter reserves the right not to accept a registration for any Entrant or to disqualify an Entrant if the Promoter considers that the registration contains anything defamatory or is otherwise inappropriate. There is a limit of one entry per person and any person submitting more than one (1) entry will not be eligible to win a prize in the Promotion.
  3. An Entrant may only register as an individual.
  4. Entrants will have the opportunity, in respect of each Match in each Round of the Home and Away Season, to tip by:
  • selecting a team that the Entrant expects will win the Match (a Draw cannot be selected); and
  • submitting those selections via the Tipping Website (selections for each Match must be submitted before the scheduled start time of the relevant Match). Each Entrant can only provide one set of tips and those tips can apply to any Comp he/she is involved.
  1. An Entrant may make or change a tip for a given Match at any time prior to the scheduled starting time of that Match, subject to these Terms.
  2. Entrants will have the opportunity, in respect of the first Match in each Round of the Home and Away Season, to tip by selecting the team that the Entrant expects to win and also including the margin by which they expect that their selected team’s score will beat the opponent team’s score for the Margin Game. If the team the Entrant tips scores greater than or equal to the opposition score, their tip is considered successful.

4. FAILURE TO TIP

  1. If an Entrant:
  • does not submit a tip for a given Match in a Round, then the Entrant’s tip for that Match will be deemed to be for the team determined, in the Promoter’s sole discretion, to be the “away team”; or
  • does not submit a tip for Matches in an entire Round, the Entrant’s tips for that Round will be deemed to be those of the teams determined, in the Promoter’s sole discretion, to be the “away teams” up to a maximum of five correct tips for that Round; or
  • enters the Promotion after the commencement of the first Round of the Home and Away Season, then the Entrant’s tips for those Matches that have been completed will be deemed to be those of the teams determined to be the “away teams” to a maximum of five (5) correct tips for each such Round.

5. SCORING

  1. Subject to the rules relating to failure to tip in Clause 12, Entrants will be allocated one (1) point for each correctly selected winning team for a Match.
  2. In the event of a Match in a given Round being drawn, cancelled, abandoned, not completed or not played for any reason and the AFL does not officially declare a result within one (1) day of the original scheduled date of the Match, it is treated as a win for both teams competing in that Match.

6. OVERALL RANKING

  1. Throughout the Home and Away Season, the Promoter will maintain a leaderboard which ranks the Entrants from highest to lowest based on their Scores. To determine the ranking of two or more Entrants that have an equal Score, the Entrant with the lower Cumulative Margin will rank higher than other Entrants with corresponding equal Scores.

7. MAJOR PRIZE

  1. The Entrant who has the highest Ranking at the end of the last Round (Round 21) of the Home and Away Season will win the major prize of a cheque in the winner’s name or a direct bank transfer into the winner’s nominated bank account in the sum of $500. However, if there are two or more Entrants with equal highest Ranking, then the Major Prize winner will be the Entrant who submitted their last tip for the last Round of the Home and Away Season first. The following additional conditions apply: Where the winner is under 18 years of age, the prize will be awarded to the minor winner’s nominated parent or legal guardian who is aged over 18 years of age; (b) if a minor participates in any part of the prize he/she must be accompanied by a parent or legal guardian over the age of 18 years; (c) if the winner does not take the prize, or any part of the prize, during the time period stipulated, then the prize, or that part of the prize not taken, is forfeited and cash will not be awarded in lieu of the prize; the Promoter may in its absolute discretion cancel a prize or otherwise cease to provide any benefit of a prize to a winner and/or companion if the winner, and/or companion in the opinion of the Promoter, is under the influence of alcohol or any other drug, behaves aggressively or offensively, or behaves in a manner which may diminish the good name or reputation of the Promoter or any of its related bodies corporate (or of the business of the Promoter or any of its related bodies corporate), is contrary to law or is otherwise inappropriate.
  2. The winner of the Major Prize will be determined at the Judging Location at 5:00 pm on 27 August 2018.
  3. The Major Prize winner will be contacted in writing within two (2) days of the date of being judged a winner, and their name will be published on neafl.com.au on 29 August 2018.
  4. In the event that the Major Prize is not claimed by 2:00 pm on 20 September 2018, the prize will be awarded to the Entrant who, would be the winner had the original winner been excluded from winning. This prize winner will be contacted in writing within two (2) days and their name published on neafl.com.au on 22 September 2018.

8. MINORS

  1. If an Entrant is under 18 years of age, they must have their parent or guardian’s consent to enter the Promotion. The Promoter reserves the right to request this consent in writing. If consent in writing is requested, the winner’s nominated parent/legal guardian will be required to include the words “in consideration of AFL agreeing to admit the Entrant into this Promotion, [name of Parent or Guardian] agrees to be bound by the terms of entry into the Promotion” in such written consent.
  2. If a prize winner is under the age of 18 years of age, the prize will be awarded to the winner’s nominated parent or legal guardian on behalf of the winner.
  3. Minors may use prizes (where prizes are available for use by a minor), but they must have consent from their parent or legal guardian (which the Promoter may request in writing).

9. GENERAL

  1. If so requested by the Promoter, all prize winners (and their parents or legal guardians if they are under 18 years of age) are required to sign a release and indemnity form in favour of the Promoter and return the document to the Promoter prior to taking their prizes.
  2. The Promoter reserves the right, at any time, to verify the validity of entries/tips/registrations and Entrants (including an Entrant’s identity, age and place of residence) and to disqualify any Entrant who submits an entry that is not in accordance with these Terms or who tampers with the entry/registration/tipping process. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
  3. If there is a dispute as to the identity of an Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Entrant.
  4. If for any reason a winner does not take a prize by the time stipulated by the Promoter, then the prize will be forfeited.
  5. The total prize pool for this Promotion is valued $500. All prices and values in these Terms are stated in Australian dollars and are inclusive of GST.
  6. Unless expressly stated otherwise, the winner of a prize in this Promotion is not excluded from winning another prize as part of this Promotion. All Entrants will be considered in the judging for prizes in this Promotion whether or not they have won another prize in this Promotion.
  7. Prizes are not transferable or exchangeable and cheques will be not negotiable.
  8. Judging of all prizes will be conducted by a representative of the Promoter.
  9. The Promoter’s decision for all prizes in this Promotion is final and binding and no correspondence will be entered into.
  10. Incomplete, indecipherable and incorrect entries/registrations/tips or entries/registrations/tips containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win.
  11. It is a condition of taking a prize that the winner must, if requested to do so by the Promoter, sign and return documents relating to their eligibility to enter (including ownership of entry), statement of compliance with relevant terms and conditions and/or a release of the Promoter’s liability in taking prizes.
  12. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any Entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Promotion, as appropriate.
  13. The Promoter accepts no responsibility for any entries, registrations or tips not received for any reason during the Promotion. Registrations, entries and tips will be deemed to be accepted at the time of receipt and not at the time of transmission. No responsibility will be taken for lost, late or misdirected registrations, tips or entries. The Promoter is not responsible for technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times.
  14. If the Promoter is unable to provide a winner with the nominated prize, the Promoter reserves the right to supply an alternative prize of the same monetary value, subject to any written directions given by State gaming departments.
  15. Any Entrant who, in the opinion of the Promoter, tampers or interferes with the entry mechanism in any way, or who does not properly comply with the entry process, will be ineligible to win.
  16. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
  17. The Promoter reserves the right to disqualify registrations, entries and/or tips in the event of non-compliance with these Terms. Notwithstanding the Promoter’s rights under these Terms to not accept or to subsequently disqualify a Entrant, the Promoter will not be liable for any legal action arising out of any Entrant’s name being defamatory, inappropriate, in breach of any third party’s rights, or in breach of any law, and any Entrant forming part of that name must indemnify the Promoter, its agents, contractors and related companies from any legal action, claim or dispute arising directly or indirectly from the Entrant’s name being defamatory, inappropriate, in breach of any third party’s rights, or in breach of any law.
  18. To the extent permitted by law, the Promoter and its agencies associated with this Promotion are not liable and do not accept responsibility for:
    • an Entrant’s entry or tips not being received or which are received and subsequently corrupted or rejected by a server of the Tipping Website;
    • any private or public tipping competition which uses or relies upon the Tipping Website in any way as a means for collecting and disbursing data, or for conducting a tipping competition;
    • any lost, misdirected or corrupt registrations, entries, tips or emails whether to or from the Tipping Website or otherwise; and/or
    • any loss or damage whatsoever (including but not limited to direct or consequential loss) or personal injury suffered or sustained:
      • in connection with an Entrant’s participation in the Promotion or the taking of a place, except that which cannot be excluded by law; and/or
      • relating to the conduct of the Promotion however caused, including failure of the Tipping Website or incorrect or corrupt data supplied by the Promoter to Entrant.
  19.  Information about Entrants is used by the Promoter to assess and process registration in the Promotion. If an Entrant does not provide the required information, the Promoter cannot process the registration. All registrations/entries become the property of the Promoter and will be entered into a database. Information emanating from the Entrant’s participation in the Promotion is used by the Promoter and its agencies, contractors and service providers associated with this Promotion for the determination of winners and distribution of prizes, if any, awarded to an Entrant. Entry is conditional on providing this information. Entrants consent to publishing their name and accumulated points total in the results section of the Tipping Website and for their personal information to be disclosed to State and Territory lottery departments, as required under the relevant lottery legislation. The Promoter will not be held responsible for any loss of reputation, status or otherwise in connection with an Entrant’s tipping selections and consequential results. The Promoter will also use and handle personal information (“PI”) as set out in its privacy policy, which can be viewed at www.afl.com.au/privacy (“Promoter’s Privacy Policy”). In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or contacting the Entrant. The Privacy Policy also contains information about how Entrants may opt out, access, update or correct their personal information, how Entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with.
  20. By participating in this Promotion, each Entrant agrees and acknowledges that: (a) they may be contacted by the Promoter to provide comments about the Promotion and the Promoter (or an agent of the Promoter) may take photos of them; (b) the Promoter may use such comments or photos (the “Materials”) for the Promoter’s future promotional and marketing purposes without further reference or compensation to them; (c) the Promoter may duplicate, alter, adapt and utilise the Materials as the Promoter wishes at anytime, anywhere, and by any means. The Promoter may license, authorise or otherwise transfer the rights in the Materials to others to do the same; (d) they acknowledge that the Promoter retains all right, title and interest, including copyright, in the Materials and, by participating in the Promotion, they assign to the Promoter on creation of the Materials all right, title and interest which might, but for these Terms, vest in them; (e) they unconditionally and irrevocably consents to any act or omission that would otherwise infringe any of their moral rights in the Materials (as defined in Part IX of the Copyright Act 1968 (Cth)) and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given (“Moral Rights”); (f) they waive all Moral Rights in the Materials that arise outside Australia; and (g) they agree not to institute, maintain or support any claim or proceeding for infringement of their Moral Rights in the Materials.
  21. Any cost associated with participating in the Promotion and/or accessing the Tipping Website is the Entrant’s responsibility and is dependent on the Internet service provider used.
  22. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”).
  23. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion, including but not limited to: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry, registration, tip or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or Entrant; or (f) taking and/or use of a prize.
  24. The Promoter accepts no responsibility for any tax liabilities that may arise from winning the prize.
  25. Once prizes have left the Promoter’s premises, the Promoter and their associated agencies take no responsibility for prizes damaged, delayed or lost in transit.The Promotion is governed exclusively by the laws of Australia.