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Terms and Conditions
WA’s Richest Footy Tipping 2013 Terms & Conditions of Entry 1] Information on how to enter and prizes forms part of these Terms & Conditions of Entry. Entries not complying with these Terms & Conditions of Entry are ineligible and the Promoter reserves its absolute right to disqualify any Participant or Group from the Promotion if any entries do not comply with 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: "Accumulative Margin" means the sum of the Margin Differences for all Rounds to date for a Participant. Participants with a lower Accumulative Margin will be ranked higher than those with higher margin Accumulative Margins subject to conditions 11 and 13. "Group" means a group of 2 or more Participants who have entered the Promotion under a collective registration and who may, by using the tipping results of those Participants, conduct a separate non-commercial competition, the winner or winners of which may be eligible for prizes offered by the Group’s Manager or other provider and which do not form part of the prizes offered by the Promoter in this Promotion; “Code” means the AFL code of football. “Home Delivery Customer” means a person who normally resides at an address to which home delivery is available within The West Australian’s existing Home Delivery network only. The West Australian newspaper is delivered by the Promoter or its agents, under a contract for that delivery which is current and which provides for delivery on at least one day per week and who are, or are directly related to, the Home Delivery account holder. Direct relatives of the Home Delivery account holder are limited to their married spouse, their children (provided that they are eligible to enter), their de facto partners and their parents. The address provided by the Home Delivery Customer when they register to play must be the same address as that to which The West Australian newspaper is delivered by the Promoter or its agents. If you are living outside of The West Australian’s Home Delivery network you are ineligible to be classified as a Home Delivery Customer. "Margin Difference" means the number of points between the margin entered by the Participant for the team they tip to win and the actual margin for the round. The Margin Difference will be calculated depending 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 Margin Difference will equal the difference between the actual margin and the margin entered by the Participant. If the Participant tipped the losing team the Margin Difference will equal the actual margin plus the margin entered by the Participant. Participants with a lower Margin Difference will be ranked higher than those with a higher Margin Difference subject to conditions 11 and 13; "Margin Game" means the difference between the score of the winning and losing team for a Match; "Match" means a single game, of and conducted by the Code, between member teams of the Code; "Participant" means a person who is eligible to participate in the Promotion; "Promotion" means this The West Australian’s ‘WA’s Richest Footy Tipping 2013’ whereby winning entries are based on the Results of Matches at the conclusion of the Code's Season; "Results" are the results of Matches as officially determined by the Code in accordance with the rules of the Code following the completion of a Round; "Round" means a round of the Code conducted during the Code's Season; “Season” means the 2013 season of the Code; "Score" means the allocation of points to a Participant for the correct selection of winning teams; "Web Site" means the Web Site of the Promoter at http://www.thewest.com.au/footytipping accessible on the Internet through the World Wide Web. 3] The Promotion commences Saturday, 23 February 2013 and is open to residents of Western Australia over the age of 18 years only. Employees of the Promoter and its agencies associated with this Promotion including Sponsors and their immediate families are ineligible to win any of the prizes. Entry into the Promotion is free. 4] Entry into the Promotion is available for the Code and closes one hour before the scheduled or rescheduled starting time of the first game of Round 23. 5] To enter the Promotion for the Code, a Participant must: a) register their details via the on-line registration form located on the Web Site; and b) for each Round, make a selection of the teams the Participant tips to win and the margins by which it is expected the winning teams’ scores will exceed the losing teams and submit that entry via the Web Site in the manner and within the time frames set out on the Web Site. A draw cannot be selected as a Match selection. 6] A Participant may register either their own personal details for participation in the Promotion or enter a Group registration containing the Group name and personal details of each Participant within that Group. The Promoter however reserves the right not to accept for registration any Participant or Group if the registration contains anything slanderous or defamatory or is otherwise unsightly or unacceptable to the Promoter in any way. Only individual Participants are eligible to win prizes in the Promotion. 7] Participants will be allocated one point towards their Score for each correct selection of a winning team. Participants will be ranked firstly by their Score, where the highest Score is the highest rank. 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 or rescheduled to be played, it will be treated as a win for both teams competing in that Match. 8] A Participant may make or change a tip for a given Match in a Round at any time prior to the nominated game commencement time as published on the Website. Under no circumstances will tips be accepted after a game has commenced. 9] If a Participant: a) does not submit an entry for a given Match in a Round, then the Participant's tip for that Match will be deemed to be for that of the team determined to be the "away team"; b) does not submit an entry into the Promotion for a given Round, the Participant's tips for that Round will be deemed to be those of the teams determined to be the "away teams" to a maximum of five correct tips for that Round; c) enters the Promotion after the commencement of the first Round, then the Participants tips for those Rounds that have been completed will be deemed to be those of the teams determined to be the "away teams" to a maximum of five correct tips for each such Round. 10] The weekly winner will be determined by the Participant's Score for that Round and then by their Margin Difference for the same Round and then by their Accumulative Margin. Where Participants have identical Scores, the Participant with a lower Margin Difference will be ranked higher than those with a higher Margin Difference. Where the Participants have identical Scores and identical Margin Differences, and subject to Condition 13, the Participant with a lower Accumulative Margin will be ranked higher than those with a higher Accumulative Margin. Prizes and their values (if any) for the weekly winner are as set out on the Web Site for the Code. 11] The ranking of the end of season winner for the Promotion will be determined firstly by the total Score for all Rounds, for all participants, and then by the Accumulative Margin, for all participants. Where Participants have identical Scores and identical Accumulative Margins the Participant with the lowest weekly Margin Difference for the final Round will be ranked highest and will be the end of season winner. 12] In the event that: a) two or more Participants have an equal highest rank, then the winner will be decided by the date and time they initially signed up for ‘WA’s Richest Footy Tipping 2013’. The Participant who signed up the earliest will become the overall winner for that week. b) if a winning Participant or Participants is or are unable to accept a prize for whatever reason, the Promoter will award that prize to the Participant or Participants who meet the eligibility criteria and would have been deemed to be the winner or winners had the winning Participant or Participants not participated in the Promotion. 13] All winners will be notified by phone, letter or email by the Promoter and their name and photo may be published on the Promoter’s Web Site, and published in The West Australian newspaper. In addition, the weekly round winners could be called for an on-air interview by Sponsor 6PR and their conversation recorded for use as an on air announcement. 14] The end of season winner will be determined on 02/09/2013 and published in The West Australian on 06/09/13. 15] The Promoter and its agencies associated with this Promotion including Sponsors 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 server, whether submitted by the Participant or by an administrator if in respect of a Group participation. This explicitly includes any private or public tipping competition which uses in any way or solely relies on the Web Site as a means for collection and disbursement of data to their participants; b) any lost, misdirected or corrupt emails to or from the Web Site; c) any loss or damage whatsoever (including but not limited to indirect or consequential loss) or personal injury suffered or sustained: (i) in connection with a Participants participation in the Promotion or the taking of a prize, except that which cannot be excluded by law; and (ii) relating to the conduct of the Promotion however caused, including failure of the Web Site or incorrect or corrupt data supplied by the Promoter to a Participant. 16] 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 Sponsors for the determination of winners and distribution of prizes, if any, awarded to a Participant and for publicity purposes. Participants consent to publishing their name and accumulated winning team points in the results section of the Web Site and The West Australian newspaper. Participants consent to their phone conversation with Sponsor 6PR and 96fm being recorded and then later played on 6PR and 96fm radio. In addition, Participants may be requested for publicity purposes by Channel Seven News and Today Tonight for a television interview to be broadcast on Channel Seven. 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. Participants may withdraw their consent, in writing to the Promoter, to the use of their information in this manner, whereupon they will no longer be Participants. 17] 17.1 Participants consent to the use by the Promoter and its related corporations (as defined by the Corporations Act 2001) of the Participants’ details and acknowledges that the Promoter and its related corporations, may, at its discretion disclose and use those details for the purpose of providing Participants with goods or services, communications, planning, research, product and business development and sales, the promotion and marketing (whether target, direct or indirect) of their businesses, services or products or those of a third party which we believe may be of benefit to Participants. The details will also be used to investigate complaints, as required or permitted by any law, to enable the Promoter to perform its obligations to Participants under this or any other agreement and to ensure that Participants perform their obligations under this or any other agreement. 17.2 If you do not want the details to be used for the purposes stated in clause 17.1 please write to us at The West Australian (attention Group General Counsel), GPO Box D162 Perth WA 6840, or contact the Group General Counsel on 08 9482 3111 and The West Australian will ensure that the details are not used for that purpose. 17.3 For details of West Australian Newspapers Limited Group Privacy Policy, please go to thewest.com.au/privacypolicy or contact the Group General Counsel to obtain a copy. 18] Participants who have checked the box titled “I would like to receive special offers/information from TAB Player will have their information collected for the purpose of promotion and marketing and agree to be contacted and receive marketing and promotional materials from TAB Player. • By ticking the box Participants agree to give TAB Player permission to keep their personal details on record for the use of a database and for marketing and promotion indefinitely. • If you do not wish to receive marketing materials from TAB Player after ticking the box please contact TAB Player Marketing in writing at RWWA, 14 Hasler Road, Osborne Park WA 6017. • All personal details kept will be used only for the purpose of TAB Player for marketing and promotion. Your details will not be given to a third party or used in any other way without your express permission. TAB Player will take all reasonable steps to ensure the security of your personal information. To access personal information kept on you by TAB Player please contact TAB Player Marketing in writing at RWWA, 14 Hasler Road, Osborne Park WA 6017. Please note that information will only be provided to the person detailed and current photographic identification may be required prior to the release of any personal information. 19] Notwithstanding the Promoter's rights under condition 6 to not accept or to subsequently disqualify a Participant or Group, the Promoter will not be liable for any legal action, costs, loss or damage whatsoever, arising out of any Group name being slanderous, defamatory or unsightly to the public at large or any similarly sounding or related group, or which gives rise to any claim, loss or damage for any other reason whatsoever, and any Participant who uses a Group name which is subsequently found to be slanderous, defamatory or unsightly in any way, or which results in any claim, loss or damage, in any way whatsoever including whether as a consequence of an actual or asserted infringement of any intellectual property right, indemnifies the Promoter, its agents, contractors and related companies from any legal action, claim or dispute, loss, damage or costs (including legal costs) arising in relation thereto. 20] 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. 21] The Promoter shall not be liable for any manufacturing defects in prizes or for any loss, damage or personal injury, or any claim whatsoever, including any claim to costs (including legal costs) which is suffered, incurred or sustained (including but not limited to indirect or consequential loss) as a result of taking part in the Promotion (either as an individual or a competition team) the winning of a prize or as a result of any determination of the Promoter, or as a result of the negligence or breach of contract or any other conduct of the Promoter in the course of the Promotion in any way whatsoever, except for any liability which cannot be excluded by law. 22] Entries are limited to one per natural person for this Promotion. For the purposes of registration and entry, an email address may be used by a maximum of two natural people. Entries are limited to a maximum of ten per residential address. 23] A prize winning Participant will be entitled to have the value of a $1,000 weekly prize doubled to $2,000 if they are a Home Delivery Customer before the beginning of that Round and they remain a Home Delivery Customer at the time of tabulation of the winner or winners for that round. 24] The Participant who wins the end of season prize will be entitled to have the value of that prize doubled if they are a Home Delivery Customer as of noon on Monday 17 June, 2013 (end of Round 12), and they are still a Home Delivery Customer at the time of the tabulation of the winner of the end of season prize (end of Round 23). 25] To claim a prize, a winning Participant must provide proof of identity and proof of their normal residential address and, if applicable, proof that they are a Home Delivery Customer to the satisfaction of the Promoter. 25.1 If the winning Participant does not provide this information to The West Australian within 3 weeks of being sent a prize notification letter, then the prize will be forfeited. 25.2 If the wining Participant provides incorrect or invalid contact details and The West Australian is unable to contact the winning Participant within 3 weeks of receiving their details then the prize will be forfeited and the next highest ranked Participant will be deemed the winning Participant. 26] The Participants who registered a competition team by 5pm Friday 19 April 2013 have the chance to win one of five cash prizes of $1,000. The first five entries, drawn at random from all valid Participants who have registered a competition team will be deemed the winners and will be contacted by phone by the Promoter. The Promoter will make every attempt to contact the winner. In the instance that the winner cannot be contacted on the phone number provided within five (5) working days, the prize will be forfeited and a new winner will be drawn. 27] The Participants who register their tips each Round are placed in a random draw to select one Participant from each round. The random draw to select one Participant from each round will take place every Tuesday of the Season. The name drawn will be telecast during Seven News between 6.00pm and 6.30pm every Tuesday of the Season. Participants must watch Seven News to see if their name appears and if it does then call Channel Seven on 9344 0777 within 30 minutes. If the Participant does not call within the 30 minutes then the Participant forfeits the opportunity to be in final draw to win a Toyota RAV4. No new winner will be drawn for that round. However, a regional Participant is exempt from calling Channel Seven within thirty minutes and will be automatically put in the final draw for a chance to win the Toyota RAV 4. On Tuesday September 10 2013, the final draw of all the valid Participants from each round takes place. One Participant drawn at random from all valid Participants will be deemed the winner and will be contacted by the Promoter. The Promoter will make every attempt to contact the winner. In the instance that the winner cannot be contacted on the phone number provided within five (5) working days, the prize will be forfeited and a new winner will be drawn. The prize is one Toyota RAV4 AWD 2.2L Turbo-diesel GXL including metallic paint option, automatic transmission, dealer delivery, 12 months registration, CTP and stamp duty. The winner will take delivery from the Toyota dealer nearest to their residential address. The prize cannot be transferred, exchanged nor redeemed for cash. The prize is valued at $46,665. Prize value is recommended retail price, and is subject to change. The Promoter accepts no responsibility for any variation in the prize value. 28] The Promoter may at its discretion vary these terms and conditions from time to time. Any variations will be published on the Website and will take effect from the time of publication. 29] There are weekly cash prizes of $1,000 to be awarded each week, for twenty three (23) weeks. If the winner is a Home Delivery Customer, subject to conditions 23, 24 and 25 they will be awarded $2,000. This will be supplied to the winner as a cash cheque or via bank transfer depending on which method the winner chooses. A total of at least $23,000 will be given away over the competition period of twenty three weeks. 30] There is one (1) major end of season cash prize of $50,000. If the winner is a Home Delivery Customer, subject to conditions 23, 24 and 25, this major prize will be doubled to $100,000. 31] There are fifty (50) early bird prize winners of 1 x $100 TAB Player sport betting vouchers. TAB Player sport betting vouchers are valid for 13 months from the date of issue. To enter the early bird competition you must sign up to the Web Site a team or as an individual before midnight Thursday, March 14, 2013. 32] The draw to select fifty early bird prize winners will take place at Friday, March 15, 2013 and the winners will be notified by letter or email by a representative of The West Australian. 33] The early bird prize must be taken as supplied and can be redeemed at any Player/TAB store in the WA only. Vouchers can be redeemed to place bets or for the cash equivalent. 34] TAB supports responsible wagering. Call 1800 858 858 or visit www.gamblinghelponline.org.au for support. 35] The Promoters accept no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought by the winner. 36] The Promoter is West Australian Newspapers Limited, 50 Hasler Road, Osborne Park, WA 6017, (ABN 98 008 667 632). 37] The Prize Sponsor is RWWA (14 Hasler Road, Osborne Park WA 6017) and Toyota WA (Level 2/63 Adelaide Terrace, East Perth WA 6004). Media Sponsors are Channel Seven (Off Dianella Drive, Dianella WA 6059) and 6PR (Level 1/169 Hay Street, East Perth WA 6004).
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