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Terms and Conditions
Empire Property 2010 Footy Tipping Competition Terms & Conditions of Entry

1	Information on how to enter, scoring and prizes forms part of these Terms & Conditions of Entry. These Terms and Conditions of Entry serve as separate Terms and Conditions of Entry for the Promotions being conducted for each of the Codes referred to herein where such a Promotion is being conducted by the Promoter on the Web Site. Entries and Participants not complying with these Terms & Conditions of Entry are ineligible and the Promoter reserves its absolute right to disqualify any Participant from the Promotion if any entries do not comply with these Terms & Conditions of Entry. Entry into any Promotion is deemed to constitute acceptance of these Terms & Conditions of Entry.
2	In these Terms & Conditions of Entry, unless the contrary intention appears, the following words and phrases have the meanings set out opposite them: 
"Total Margin" means the sum of the Weekly Margins for all Rounds to date in a given Season for a particular Participant. Participants with a lower Total Margin will be ranked higher than those with a higher Total Margin, subject to conditions 4 and 14; 
“Away Team” means the team that is listed by the sporting code as playing away from their home ground. If the Code does not nominate an Away Team, the Away Team will be nominated at the discretion of the Promoter and will be posted on the website. An away team may not be nominated for finals Rounds if available.
"Code" means an official series of Matches for a particular sporting. 
"Round Margin" means the number of points between the margin entered by the Participant for the team they tip to win in a Margin Game and the actual margin for that team in the Margin Game. The Weekly Margin will be calculated depending on whether the Participant has tipped the winning team for the Margin Game. If the Participant has tipped the winning team for the Margin Game, the Weekly Margin will equal the difference between the actual margin and the margin entered by the Participant. If the Participant tipped the losing team, the Weekly Margin will equal the actual margin plus the margin entered by the Participant. Participants with a lower Weekly Margin will be ranked higher than those with a higher Weekly Margin, subject to conditions 13 and 14; 
"Margin Game" means the Match selected by the Promoter in a given Round for which Participants are required to select the winning margin; 
"Match" means a single game conducted by the relevant Code, between member teams of that Code, in a Season; 
"Participant" means a person who is eligible to participate in the Promotion and registers for or participates in the Promoter;
"Promotion" means   this tipping competition conducted amongst Participants who register to participate in that particular promotion, for any Season of Matches of any Code run on the Web Site, whereby winning entries are based on the Results of Matches at the conclusion of the relevant Code's Season; 
"Results" are the results of Matches as officially determined by the relevant Code in accordance with the rules of that Code following the completion of a Round; 
"Round" means a round of the relevant Code conducted during that Code's Season; 
“Season” means the series of games (or series of Matches as indicated otherwise on the Web Site) for a relevant Code as listed in the “Tipping” area of the Web Site. At the discretion of the promoter, a Season may or may not contain the finals series for the Code available for tipping and any finals tipping Rounds will be posted on the Website;
"Score" means the allocation of points to a Participant for the correct selection of a Match; 
"Web Site" means the Web Site of the Promoter accessible on the Internet through the World Wide Web. 
3	Entry into the Promotion is free. Each person may only register once. A Participant may only register their own personal details for individual participation in the Promotion. Each registered Participant may only place one set of tips per Round in each Code/Season. If there is a dispute as to the identity of an applicant or Participant, the Promoter reserves the right, in its sole discretion, to determine their identity.
4	Entry into the Promotion is considered to occur when a Participant submits one or more tip(s) for any of the Matches available for any Round.
5	The Promoter, however, reserves the right not to accept registration for any Participant if the registration contains anything slanderous or defamatory or is otherwise unsightly in any way, as determined by the Promoter in its absolute discretion. Likewise, the Participant’s participation in the Promotion can be withdrawn due to unsightly conduct during the course of the Promotion, or after the Promotion has ended but before the prizes have been awarded, at the Promoter’s absolute discretion.
6	To enter the Promotion for a particular Code, a Participant must first register as follows: 
a)	register their details via the on-line registration form located on the Web Site; or
b)	login to the Web Site with their username and password for an existing registration; or
7	For each Round, each Participant must then make a selection of the teams the Participant tips to win and the margins by which they expect the winning team’s score to exceed the losing team’s score for each specified Margin Game, and: 
a)	submit that entry via the Web Site in the manner and within the time frames set out on the Web Site; or
A draw can only be entered as a Match selection if made available for that Code or Round. A margin is required for the Margin Game in each Round as specified on the Web Site.
8	A Participant may make or change a tip for a given Match in a Round at any time prior to the scheduled starting time of that Match. 
9	Participants will be allocated one (1) point towards their Score for each correct selection of a Match. In the event of a Match in a given Round being drawn, cancelled, abandoned, not completed or not played for any reason and/or a Result is not officially declared within three (3) days of the date the Match was originally scheduled to be played, it is treated as a win for both teams competing in that Match for the purposes of calculating each Participant’s Score. 
10	A Participant may make or change a tip for a given Match in a Round at any time prior to the scheduled starting time of that Match. 
11	If a Participant: 
a)	does not submit a tip for a given Match in a Round, then the Participant's tip for that Match will be deemed to be for the Away Team. If no Away Team is allocated for that Code or if the Round is considered a finals Round, then no tip is allocated; 
b)	does not submit any tips into the Promotion for a given Round, the Participant's tips for that Round will be deemed to be for the Away Team in each case, and the Participant will be limited to a maximum number of tips for that Round as defined on the website. If no Away Team is allocated for that Code or if the Round is considered a finals Round, then zero tips are allocated; 
c)	enters the Promotion after the commencement of the first Round, then the Participant’s tips for those Rounds that have been completed will be deemed to be for the Away Teams, and the Participant will be limited to a maximum of number of tips for each such Round as defined on the website. If no Away Team is allocated for that Code or if the Round is considered a finals Round, then zero tips are allocated.
12	In order to determine the results in each Round, Participants will be ranked:
a)	firstly by their Score, where the highest Score has the highest rank;
b)	then, in the case of a tie, by each Participant’s Weekly Margin for the same Round, where the lowest Weekly Margin has the highest rank; 
c)	then, in the case of a further tie, by each Participant’s Total Margin for the Season to date, where the lowest Total Margin has the highest rank; and
d)	then, in the case of a further tie, the Participant who initially registered to participate (either in a current Season or in a previous Season) has the higher rank.
Weekly rankings for a given Round will be determined no later than 72 hours after the last Match of the particular Round has ended. In the case of Codes where a prize(s) is/are awarded to weekly place winners, the prizes will be awarded to the Participants with the highest rankings, in descending order, based on this clause 12. Prizes (if any) and their values for weekly place winners in each Round are as set out on the Web Site for the relevant Code.
13	The ranking of end of Season place winners for each Code will be determined:
a)	firstly, by the Participant’s total Score for all Rounds, where the highest Score has the highest rank; 
b)	then, in the case of a tie, by each Participant’s Total Margin for the Season, where the lowest Total Margin has the highest rank;
c)	then, where Participants have identical Scores and identical Total Margins, the Participant with the lowest weekly Weekly Margin for the last Round within the Season will be ranked highest; and
d)	in the event of a further tie, the process in paragraph (c) will apply to the Weekly Margin in each preceding Round, in reverse chronological order, until the tie is broken. 
End of Season rankings will be determined no later than 72 hours after the final Round of the Season has been completed. In the case of Codes where a prize(s) is/are awarded to Season place winners, the prizes will be awarded to the Participants with the highest rankings, in descending order, based on this clause 13. Prizes (if any) and their values for end of Season place winners are as set out on the Web Site for the relevant Code.
14	In the event that a prize winning Participant is unable to accept their prize for whatever reason, or the prize is unable to be allocated, within three (3) months of the results being determined, the Promoter will award that prize to the Participant who met the eligibility criteria and would have been deemed the prize winner had the original prize winning Participant not participated in the Promotion. 
15	All prize winners will be notified by email and will be published on the Promoter’s Web Site upon determination. 
16	Any cost associated with accessing the Web Site is the Participant’s responsibility and is dependent on the Internet service provider used. A Participant electing to access the Web Site via wireless platforms for the purpose of registering for a Promotion and/or entering tips may be subject to content service fees imposed by its telecommunications provider. No revenue sharing or commission arrangement exists between the Promoter and the telecommunications provider in relation to any such transactions.
17	The Promoter reserves the right, at any time, to verify the validity of registrations and tips and the eligibility of applicants and Participants (including an applicant’s or Participant’s identity, age and place of residence) and to disqualify any Participant who submits a registration or tip that is not in accordance with these Terms and Conditions of Entry or who tampers with the registration or tipping processes. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
18	Except for any liability that cannot be excluded by law, the Promoter and its agencies associated with this Promotion (including their respective officers, employees and agents) are not liable and do not accept responsibility for: 
a)	a Participant's tips that are not received or which are received and subsequently corrupted or rejected by the Web Site, whether or not after receipt by the Promoter; 
b)	any lost, misdirected or corrupt emails to or from the Web Site; 
c)	any loss or damage whatsoever (including but not limited to direct, indirect or consequential loss) or personal injury suffered or sustained: 
(i)	in connection with a Participant’s participation in the Promotion or the taking of a place or prize; or
(ii)	otherwise relating to the conduct of the Promotion however caused, including but not limited to failure of the Web Site service or incorrect or corrupt data supplied by the Promoter to a Participant. 
d)	any theft, unauthorised access or third party interference;
e)	any variation in the value of any prize; or
f)	any tax liability incurred by a Participant or prize winner.
19	As a condition of accepting any prize, the winner must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
20	Information about Participants is used by the Promoter to assess and process registration in the Promotion. If an applicant does not provide the required information, the Promoter cannot process the registration. All entries become the property of the Promoter and will be entered into a database. Information emanating from the Participant's participation in the Promotion is used by the Promoter and its agencies associated with this Promotion, including but not limited to ExtraCorp Pty Ltd ABN 40 091 402 327 (“ExtraCorp”), for the determination of winners and distribution of prizes, if any, awarded to a Participant. Participants consent to publishing their name and Score in the results section of the Web Site and as otherwise set out in these Terms and Condition of Entry. The Promoter will not be held responsible for any loss of reputation, status or otherwise in connection with a Participant's tipping selections and consequential results. It is a condition of entry that Participants consent to these uses and disclosures of their information. Information about Participants may also be used by the Promoter, its agents, contractors and related companies, for the purposes of carrying out marketing, planning, product development and direct mail, telemarketing and promotional campaigns unless a Participant otherwise withdraws their consent to the use of their information in this manner. 
21	Notwithstanding the Promoter's rights under condition 5 to not accept or to subsequently disqualify a Participant, the Promoter will not be liable for any legal action arising out of any Participant’s name or postings on the Web Site being slanderous, defamatory or unsightly to the public at large, except for any liability that cannot be excluded by law. By participating in the Promotion, each Participant agrees to indemnify the Promoter, its agents, contractors and related companies from any legal action, claim or dispute arising in relation thereto. 

22   By entering this competition all participants agree to receive marketing material from time to time from both Empire Property Solutions, Bennys Bar & Café and The South Fremantle Football Club

22	In the event there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and no correspondence will be entered into. 
23	The Promoter shall not be liable for any manufacturer defects in prizes or for any loss, damage or personal injury whatsoever which is suffered or sustained (including but not limited to indirect or consequential loss) as a result of taking a prize, except for any liability which cannot be excluded by law.

24	The Promoter is [OCEANIA AUSTRALIA PTY LTD as Trustee to the A Van Der Wielen Family Trust trading as Empire Property Solutions] (ABN [25300811441]) of [Shop 2 Manning Arcade 131 High Street Fremantle WA  6160] (“Promoter”).
25	Permit Numbers: [N/A]

Promotion Name: 	[Empire Property Solutions Footy Tipping Proudly Supported by Bennys Bar & Cafe]
Promotion commences:	[1 March 2010]
Promotion ends:	[30 August 2010]
Total prize value across all Codes:	[$3200]

Website URL: 	http://url.footytips.com.au

Code:	AFL
Season:	2010 Home and Away Season
Commencement date:	26 March 2010
Closing date (beginning of final match of the Season):	30 August 2010
Are draws allowed as a tip:	No
Weekly prizes and values (if any):	[$100 Voucher to spend at Benny’s Bar & Cafe 

End of Season prizes and values (if any);	[$1000 Cash]

Total prize value (AUD$):	[$3200]
I agree with the above Terms and Conditions
Empire Property Solutions Footy Tipping – Proudly Sponsored by Benny's Bar & Café.
