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Terms and Conditions
The ninemsn 2011 AFL Fantasy Competition - Terms and Conditions 1. VARIABLES Residency: 1.1 Entrants must be residents of Australia. Minimum age: 1.2 18 years Round entry dates and times: 1.3 All times and dates in these conditions are Sydney times and dates. The "Competition Open Time" is midday AEDST on 11/03/11 The "Competition Close Time" is 11:59pm AEDST on 03/10/11 The competition contains 28 separate rounds for entry corresponding to the 28rounds of matches (each a "Match") of the 2011 AFL season, including 4 rounds of finals ("Season"). The rounds of Matches for the Season (each a "Round") are available at http://footytipping.wwos.com.au/ ("WIDE WORLD OF SPORTS Tipping and Fantasy Website"). Once an entrant registers for the Competition on the WIDE WORLD OF SPORTS Tipping and Fantasy Website, they are taken to be participants in the “Game”. For rules of the Game, see http://footytipping.wwos.com.au/ Entry into each Round: (i) commences at the Competition Open Time, and (ii) closes, for each Match in the Round, at the "Deadline" for the Match, being the earlier of: (a) the scheduled commencement time for that Match, as most recently published at the WIDE WORLD OF SPORTS Tipping and Fantasy Website; or (b) the Competition Close Time. All commencement times for Matches are subject to change from time to time. Entry into the Participation Prize draw and, if required, the Overall Fantasy Prize draw: (i) commences at the Competition Open Time; and (ii) closes at the Competition Close Time. All times will be recorded as per the server clock on the WIDE WORLD OF SPORTS Tipping and Fantasy Website. The decision of the Promoter is final and no correspondence will be entered into regarding times of transfers/trades made. The Promoter will not backdate points for any reason. Entrants can join the Game at any time throughout the competition however no points will be awarded for any earlier Round in the Season. Round winner determination: 1.4 In the event of a tie for first ranking position in Rounds 1-28, the user that registered first will be deemed the winner for that Round. There will be no Round Prizes awarded for Rounds 25-28, but entrants will still earn Scores for those Rounds to go towards their Overall Fantasy Score. Overall Winner determination: 1.5 The Overall Winner will be the entrant whose Fantasy Team has accumulated the most points throughout the Game. In the event that two (2) or more managers have the same number of points, the user that registered first will be deemed the winner. Participation Prize draw date and time: 1.6 Draw will take place at 1pm on the next Wednesday following the Competition Close Time (ie 05/10/11). Publication Dates: 1.7 The Overall Winner and the Participation Prize draw winner will be published in the Australian on 12/10/11. The Overall Winner and the Participation Prize draw winner will be notified within two (2) days of winner determination. All Round Prize Winners will be notified by email within 21 days of winner determination. Permit numbers: 1.8 Authorised under: NSW Permit No. LTPS/11/2341; ACT Permit No. TP11/1011. Unclaimed prizes 1.9 Unclaimed prize draws, if required, will be held as follows: For unclaimed Round Prizes: at 12noon on the date 4 months after the last Deadline for a Match in the Round in respect of which the prize is awarded. For unclaimed Overall Prize: at 12noon on 06/02/12. For unclaimed Participation Prize: at 12noon on 06/02/12. Winner(s), if any, will be notified in writing within two (2) days of the draw. 1.10 The winner(s) of any unclaimed prizes (valued at over $250), if any, will be published in The Australian on 13/02/12. The winner of any Round Prize awarded in accordance with Condition 7.2(i) or 7.2(ii) and the winner of any Overall Prize or Participation Prize awarded in accordance with Condition 7.3 or 7.4 will be notified by email within 21 days of winner determination. 2. WHO MAY ENTER 2.1 The only persons who may enter and be awarded prizes are persons who meet the eligibility criteria specified in Condition 1.1, who have attained the age specified in Condition 1.2 (if an age is specified in that Condition), who are not (i) employees of, or contractors to, the Promoter or any of its agencies involved with this competition, or (ii) members of the immediate family of such employees and contractors. "Immediate family" means spouse, defacto parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the employee/contractor. 2.2 The Promoter reserves the right to refuse to accept any entry which, in the opinion of the Promoter, does not comply with the rules and regulations of the competition or which contravenes the spirit of the Game. The Promoter has an absolute discretion to disqualify any entry, or vary, amend, or waive the rules of the competition or terminate the Game at any time and participants agree that no liability shall attach to the Promoter as a result thereof and that the exercise of such discretion shall not result in any compensation being payable or paid to any entrant. It is a condition of entry that all rules are accepted as final and that the competitor agrees to abide by these rules. 3. ENTRANTS BOUND BY CONDITIONS By participating, entrants agree to be bound by these conditions. 4. HOW TO ENTER 4.1 To enter, entrants must first complete the competition registration form on the WIDE WORLD OF SPORTS Tipping and Fantasy Website by providing all requested details. Entrants must read these conditions and the rules for managing the fantasy team ("Game Rules") available at the WIDE WORLD OF SPORTS Tipping and Fantasy Website. By entering, entrants agree to be bound by these terms and conditions and the Game Rules. Entrants must select a valid username and password at the time of registration. Entrants must enter their username and password each time they wish to access the "Fantasy Competition" section of the WIDE WORLD OF SPORTS Tipping and Fantasy Website or Mobile Site. Any usernames deemed inappropriate or offensive (including, without limitation, names that are obscene, pornographic, racist, abusive or harassing) will not be allowed and teams will be disqualified and withdrawn from the Game. 4.2 For each Round in which an entrant wishes to make transfers/trades, the transfers/trades must be made by published kick-off time for the first match of each round to be eligible for point scoring. During the Weekly Lockdown you will not be able to trade/transfer players. You will not be able to trade players until 00:01 each Tuesday after the Round. 4.3 Players will only score points from the time/date they have been transferred into your team. Time of transfers will only be recorded as per the server clock (displayed in the top right hand side of the screen). We will not enter into discussion about times of transfer, or backdate points for any reason. 4.4 When an entrant submits their fantasy team in this Competition, they will automatically be allocated one (1) entry into the Participation Prize Draw. 4.5 Each team will automatically be entered into the overall ladder for the Game, however entrants can also enter their teams into a private group for their friends (“Private Competition”). To do this, entrants must log onto their teams and visit ‘Private Competition Admin’ under the ‘Ladders’ section of the website. There is no limit on the number of Private Competitions each entrant can enter. There is also no limit on the number of competitions each entrant can administer. Each Private Competition must have a minimum of three (3) users to qualify as a Private Competition. Any group which does not have the required number of users will not qualify as a Private Competition. Private Competitions winners will not receive any prizes. Once an entrant has joined a Private Competition, they can be moved or deleted by the administrator, at the administrator’s discretion. Entrants can enter a Private Competition at any time throughout the Season. If an entrant is not conducting themselves with “Good Sporting Conduct” (including, without limitation, where one user manages all of the teams in that one Private Competition or where the Promoter believes that transfers are being made in multiple Private Competitions by any one manager) then the Promoter may, in its discretion, remove the entrant from the Game. 4.6 Only the registered entrant may make changes to his/her Fantasy Team. Any entrant found to be managing a fantasy team that does not belong to them, or behalf of another Game player or without their knowledge, will be removed and no eligible to win any prizes. 4.7 Any cost associated with accessing the WIDE WORLD OF SPORTS Tipping and Fantasy Website or Mobile Site is the entrant’s responsibility and is dependent on the Internet or Mobile service provider used. 4.8 Incomplete, inaccurate or corrupted entries will be deemed invalid. The Promoters decision is final. 5. LIMITATIONS ON ENTRY A person must not register (as contemplated by Condition 4.1) more than once. Accordingly, there is a limit of one (1) fantasy team per entrant. Any entrant who does not comply with this restriction may be disqualified. Each entrant will only be allocated one (1) entry into the Participation. The use of any automated entry software or any other mechanical or electronic means that permits the participant to automatically enter repeatedly is prohibited. 6. DURATION The total number of Rounds to be held is as specified in Condition 1.3. Number of Transfers/Trades given to teams are listed in Game Rules page. 7. SELECTION OF WINNERS 7.1 Entrants will be ranked after the completion of each Round in accordance with the Game Rules. Points will be awarded as shown in Game Rules page. The results used for the game will be those initially reported by the key news agencies. If any decision is reversed from what was initially reported points already awarded to teams will NOT be amended. Where matches are re-arranged, points will be allocated to team as per the date when the match is actually played. 7.2 Round Winner: After completion of the last Match in Rounds 1-28, the eligible entrant ranked highest for that Round will be the "Round Winner" for that Round and will be awarded the Round Prize for that Round (as set out in Condition 8.1 below). If, however, there is a tie for the highest ranking eligible entrant for a Round, the user who registered first will be deemed the winner for that Round. There will be no Round Prizes awarded for Rounds 25-28, but entrants will still earn Scores for those Rounds to go towards their Overall Score. If a Round Winner does not claim their Round Prize by the date 3 months after the date they were first notified in accordance with Condition 1.7, they forfeit all entitlement to their Round Prize and subject, where relevant, to any directions given under the legislation regulating this promotion, their Round Prize will be awarded as follows: (i) if the forfeiting Round Winner was NOT determined in a draw, the eligible entrant with the next highest ranking for that Round will be the Round Winner for that Round. If, however, there is a tie for the eligible entrant with the next highest ranking for that Round, then a draw will be held from those tied entrants to select a single winner for that Round. If required, this draw will take place at the time and date specified for that Round Prize in Condition 1.9 and the first of those tied entrants to be drawn will be the winner. (ii) if the forfeiting Round Winner WAS determined in a draw, a re-draw will be held from the other tied eligible entrants included in the original draw to select a single winner for that Round. If required, this draw will take place at the time and date specified for that Round in Condition 1.9 and the first of those tied entrants to be drawn will be the winner. 7.3 Overall Prize Winner: After completion of the last Match in all Rounds, the eligible entrant ranked highest for the Season overall (ie the highest ranking entrant throughout the Competition as defined in the Game Rules) will be the "Overall Prize Winner" and will be awarded the Overall Prize set out in Condition 8.2. If, however, there is a tie for the eligible entrant ranked highest for the Season overall, the user who registered first will be deemed the winner. If the Overall Prize Winner does not claim the Overall Prize by the date 3 months after the date on which their name was first published online in accordance with Condition 1.7, they forfeit all entitlement to the Overall Prize and subject, where relevant, to any directions given under the legislation regulating this promotion, the Overall Prize will be awarded as follows: the eligible entrant with the next highest ranking for the Season overall will be the Overall Prize Winner. If, however, there is a tie for the eligible entrant with the next highest ranking for the Season overall, then the user who registered for the Game first will be the winner of the Overall Prize. 7.4 Participation Prize draw winner: The Participation Prize draw will be held at the time and the date specified in Condition 1.6. The eligible entrant whose entry is first drawn, will win the Participation Prize set out in Condition 8.3. If the Participation Prize Winner does not claim the participation Prize by the date 3 months after the date on which their name was first published online in accordance with Condition 1.7, they forfeit all entitlement to the Participation Prize and subject, where relevant, to any directions given under the legislation regulating this promotion, a re-draw will be held from the other entries included in the original draw to select a replacement Participation Prize Winner. If required, this draw will take place at the time and date specified for an unclaimed Participation Prize in Condition 1.9 and the first of those entrants to be drawn will be the replacement Participation Prize Winner. 7.5 The Promoter's decisions are final and no correspondence will be entered into. 7.6 It is a condition of the awarding of each prize that the winner must, if requested to do so by the Promoter, sign and return any Affirmation of Eligibility to Enter, Ownership of Entry, Release and Compliance statements provided to the winner by the Promoter. The failure to return the signed statements will result in the entitlement to the prize being forfeited and the selection of another winner. Where a prize is awarded to a winner(s) other than the winner originally chosen, the name of that winner(s) will be published in accordance with Condition 1.10. 7.7 All draws will take place at the Promoter's premises at Level 7, Tower Building, Australia Square, 264-278 George St, Sydney NSW 2000. 8 PRIZES 8.1 Each Round Prize: $100 (there are a total of 26 of these prizes) 8.2 Overall Prize: $1,000 8.3 Participation Prize: $400 8.4 All prizes will be paid by cheque. The total value of all prizes is $4,000. 8.5 It is a condition of accepting a prize that the winner consents to the Promoter using their name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter. 9 NO QUALITY, ETC, REPRESENTATIONS/EXCLUSION OF LIABILITY 9.1 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 State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) 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. 9.2 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: (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 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) if any match in the NRL is cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) use of a prize. 10 WINNER NOTIFICATION AND PUBLICATION The winners will be notified by email, using the registration details provided in their entry. The names of the winners will be published online in accordance with Condition 1.7 and winners of prizes valued at over $250 will also be published in the public notices section of The Australian on the date indicated in Condition 1.7. 11 OWNERSHIP OF ENTRIES AND PRIVACY 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 for an indefinite period 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. Entrants should direct any request to opt out, access, update or correct information to the Promoter. 12 INTERNET If for any reason this competition is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other causes beyond the control of Promoter which corrupt or affect the administration security, fairness, integrity, or proper conduct of this competition, the Promoter reserves the right in its sole discretion, to disqualify any individual who tampers with the entry process, or may benefit from such tampering, and, subject to the approval of those authorities that have issued permits for the conduct of this competition, to cancel, terminate, modify or suspend the competition. The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, or non-receipt of, entries. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by the Promoter or an entrant because of technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this competition. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR THE INFORMATION ON A WEBSITE, OR TO OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THIS COMPETITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WHETHER SUCCESSFUL OR NOT, THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW. 13 PROMOTER The Promoter is ninemsn Pty Ltd, ACN 077 753 461, Level 7, Tower Building, Australia Square, 264-278 George Street, Sydney NSW 2000. Telephone: (02) 9383 6000. 14 HEADINGS The headings in these Conditions are for convenience only and do not affect interpretation. 15 ENTIRE CONDITIONS These conditions constitute the entire agreement of the parties relating to the entry and the conduct of the competition. 16. PERMITS The permits issued for the conduct of this competition are set out in Condition 1.8. -------------------------------------------------------------------------- The ninemsn 2011 AFL Tipping Competition - Terms and Conditions 1. VARIABLES Residency and ninemsn membership: 1.1. Entrants must be residents of Australia. Minimum age: 1.2. 18 years Tipping Round entry dates and times: 1.3 All times and dates in these conditions are Sydney times and dates. The "Competition Open Time" is midday on 11/03/11 The "Competition Close Time" is 11:59pm on 03/10/11 The competition contains 28 separate rounds for entry corresponding to the 28 rounds of matches (each a "Match") of the 2011 AFL season, including 4 rounds of finals ("Season"). The rounds of Matches for the Season (each a "Round") are available at http://footytipping.wwos.com.au/ ("WIDE WORLD OF SPORTS Tipping and Fantasy Website"). Once an entrant registers for the Competition on the WIDE WORLD OF SPORTS Tipping and Fantasy Website, they are taken to be participants in the “Game”. For rules of the Game, see http://footytipping.wwos.com.au/. Entry into each Tipping Round: (i) commences at the Competition Open Time, and (ii) closes, for each Match in the Tipping Round, at the "Deadline" for the Match, being the earlier of: (a) the scheduled commencement time for that Match, as most recently published at the WIDE WORLD OF SPORTS Tipping and Fantasy Website; or (b) the Competition Close Time. All commencement times for Matches are subject to change from time to time. Entry into the Participation Prize draw and, if required, the Overall Tipping Prize draw: (i) commences at the Competition Open Time; and (ii) closes at the Competition Close Time. All times will be recorded as per the server clock on the WIDE WORLD OF SPORTS Tipping and Fantasy Website. The decision of the Promoter is final and no correspondence will be entered into regarding times of tips entered. The Promoter will not backdate points for any reason. Entrants can join the Game at any time throughout the competition. If an entrant enters the Game part way through the season, that entrant will be awarded the average score of all profiles entered already at that point in time. Tipping Round winner determination: 1.4 In the event of a tie for first ranking position in Tipping Rounds 1-24, the entrants will be ranked based on the “Weekly Margin” (being the margin a user gives for the selected Match in a particular Round) for the same Round, where the lowest Weekly Margin has the highest rank. In the case of a further tie, the entrants will be ranked by their Total Margin for the Season to date, where the lowest Total Margin has the highest rank. In the case of a further tie, the entrants will be ranked by whichever entrant registered first (either in a current Season or a previous Season). There will be no Tipping Round Prizes awarded for Tipping Rounds 25-28, but entrants will still earn Tipping Scores for those Rounds to go towards their Overall Tipping Score. Weekly rankings for a given Round will be determined no later than 72 hours after the last Match of the particular Round has ended. Overall Winner determination: 1.5 The Overall Winner will be the entrant whose Tipping Profile has accumulated the most points throughout the Game. In the event that two (2) or more Tipping Profiles have the same number of points, the entrants will be ranked based on the Total Margin (defined in clause 4.2 below) for the Season, where the lowest Total Margin has the highest rank. Then, where entrants have identical Scores and identical Total Margins, the entrant with the lowest weekly Margin for the last Round within the Season will be ranked highest. In the event of a further tie, the entrant with the lowest Weekly Margin for each preceding Round, in reverse chronological order, will be ranked highest 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. Participation Prize draw date and time: 1.6 Draw will take place at 1pm on the next Wednesday following the Competition Close Time (ie 05/10/11). Publication Dates: 1.7 The Overall Tipping prize winner and the Participation Prize draw winner will be published in the Australian on 12/10/11. The Overall Tipping prize winner and the Participation Prize draw winner will be notified within two (2) days of the relevant draw. All other Prize Winners will be notified by email within 21 days of winning. Permit numbers: 1.8 Authorised under: NSW Permit No. LTPS/11/2340; ACT Permit No. TP11/1009. Unclaimed prizes: 1.9 In the event of an unclaimed Participation Prize, a draw will be held at the same time and place as the original draw on 05/01/12 to award the prize. Winner, if any, will be notified in writing within two (2) days of the draw. 1.10 The winner(s) of any unclaimed prizes (valued at over $250), if any, will be published in The Australian on 12/01/12. 2. WHO MAY ENTER 2.1 The only persons who may enter and be awarded prizes are persons who meet the eligibility criteria specified in Condition 1.1, who have attained the age specified in Condition 1.2 (if an age is specified in that Condition), who are not (i) employees of, or contractors to, the Promoter or any of its agencies involved with this competition, or (ii) members of the immediate family of such employees and contractors. "Immediate family" means spouse, defacto parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the employee/contractor. 2.2 The Promoter reserves the right to refuse to accept any entry which, in the opinion of the Promoter, does not comply with the rules and regulations of the competition or which contravenes the spirit of the Game. The Promoter has an absolute discretion to disqualify any entry, or vary, amend, or waive the rules of the competition or terminate the Game at any time and participants agree that no liability shall attach to the Promoter as a result thereof and that the exercise of such discretion shall not result in any compensation being payable or paid to any entrant. It is a condition of entry that all rules are accepted as final and that the competitor agrees to abide by these rules. 3. ENTRANTS BOUND BY CONDITIONS By participating, entrants agree to be bound by these conditions. 4. HOW TO ENTER 4.1 To enter, entrants must first complete the competition registration form on the WIDE WORLD OF SPORTS Tipping and Fantasy Website by providing all requested details. Entrants must read these conditions and the rules for making tips ("Tipping Rules") available at the WIDE WORLD OF SPORTS Tipping and Fantasy Website. By entering, entrants agree to be bound by these terms and conditions and the Tipping Rules. Entrants must select a valid username and password at the time of registration. Entrants must enter their username and password each time they wish to access the "Tipping Competition" section of the WIDE WORLD OF SPORTS Tipping and Fantasy Website or Mobile Site. Any usernames deemed inappropriate or offensive (including, without limitation, names that are obscene, pornographic, racist, abusive or harassing) will not be allowed and profiles will be disqualified and withdrawn from the Game. 4.2 For each Tipping Round, entrants will be required to select the margin for a relevant Match (which is determined by the goal difference between Team A and Team B). At the end of the Game, the accrued margins for each entrant will be calculated (“Total Margin”). A margin is required for the Margin Game in each Round, as specified on the website. The “Margin Game” means the Match selected by the Promoter in a given Round for which entrants are required to select the winning margin. For each Tipping Round in which an entrant wishes to submit tips ("Tips"), the entrant must submit their Tips for each Match in the Tipping Round prior to the Deadline for the Match (see Condition 1.3). The manner in which Tips are to be made is explained in the Tipping Rules. The Tipping Rules also explain how Default Tips are generated if Tips are not expressly made. 4.3 Entrants must make their Tips on the "Tipping" page at the WIDE WORLD OF SPORTS Tipping and Fantasy Website or Mobile Site, margin as required for the Round and then click the "Save Tips" button. Points will not be scored for Tips if they have not been saved. Entrants may change their Tip for a Match, even after they have clicked the "Save Tips" button, provided they do so prior to the relevant Deadline for the Match for which the Tip is being made. If a registered entrant changes their Tips for a Tipping Round, only the most recently entered Tips have effect and each registered entrant will only receive one (1) entry to the Tipping Round. 4.4 If an entrant does not save any Tips when the Deadline for a match has passed, the Away team will automatically be allocated as the Tip for that entrant. If no Away team is allocated or if the Round is a finals Round, then no tip is allocated. If the entrant does not submit any Tips for a particular Round, the entrant’s Tips for that Round will be deemed to be for the away team in each case, and the entrant will be limited to a maximum number of Tips for that Round as defined on the website. If no Away team is allocated or if the Round is a finals Round then zero Tips are allocated. If the entrant enters the promotion after the commencement of the first Round, then the entrant’s Tips for those Rounds that have been completed will be deemed to be for the Away teams, and the entrant will be limited to a maximum number of Tips for each Round as defined on the website. If no Away team is allocated or if the Round is considered a finals Round then zero Tips are allocated. 4.5 If an entrant does not save a margin prediction then they will not score any points for the margin prediction. They will however, still receive points for their Tip. 4.6 When an entrant submits their first Tip in this Competition, they will automatically be allocated one (1) entry into the Participation Prize Draw. 4.7 Each profile will automatically be entered into the overall ladder for the Game, however entrants can also enter their profile into a private group for their friends (“Private Competition”). To do this, entrants must log onto their profile and visit ‘Private Competition Admin’ under the ‘Ladders’ section of the website. Entrants can join up to ten (10) Private Competitions. Once an entrant has joined a Private Competition they cannot be moved or deleted from that Competition. Each Private Competition must have a minimum of five (5) users to qualify as a Private Competition. Any group which does not have the required number of users will not qualify as a Private Competition. Private Competitions winners will not receive any prizes. If an entrant attempts to become part of more than ten (10) Private Competitions, or if an entrant is not conducting themselves with “Good Sporting Conduct” (including, without limitation, where one user manages all of the profiles in that one Private Competition or where the Promoter believes that transfers are being made in multiple Private Competitions by any one manager) then the Promoter may, in it’s discretion, remove the entrant from the Game. 4.8 Only the registered entrant may make changes to his/her Tips. Any entrant found to be managing a profile that does not belong to them, on behalf of another Game player or without their knowledge, will be removed and no eligible to win any prizes. 4.9 Any cost associated with accessing the WIDE WORLD OF SPORTS Tipping Website or Mobile Site is the entrant’s responsibility and is dependent on the Internet or Mobile service provider used. 4.10 Incomplete, inaccurate or corrupted entries will be deemed invalid. The Promoters decision is final. 4.11 An entrant may make or change a Tip for a given Match in a Round at any time prior to the scheduled commencement time for that Match. 5. LIMITATIONS ON ENTRY A person must not register (as contemplated by Condition 4.1) more than once. Accordingly, there is a limit of one (1) entry per Tipping Round per entrant. Any entrant who does not comply with this restriction may be disqualified. Each entrant will only be allocated one (1) entry into the Participation Prize Draw no matter how many Tipping Rounds they enter. The use of any automated entry software or any other mechanical or electronic means that permits the participant to automatically enter repeatedly is prohibited. 6. DURATION The total number of Tipping Rounds to be held is as specified in Condition 1.3. Tips for each Match in each Tipping Round can only be submitted in accordance with the method set out in Condition 4, and, if submitted, must be received by the Promoter on or after the time and date set out in Condition 1.3 and before the relevant Deadline as defined in Condition 1.3. 7. SELECTION OF WINNERS 7.1 Entrants will be ranked after the completion of each Tipping Round in accordance with the Tipping Rules. Points will be awarded as follows: 1 point for correct result Tip (win/draw); 0 points for an incorrect Tip. The results used for the game will be those initially reported by the key news agencies. If any decision is reversed from what was initially reported points already awarded to profiles will NOT be amended. Where matches are re-arranged, points will be allocated to profiles as per the date when the match is actually played. 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 entrant’s score. 7.2 Tipping Round Winner: After completion of the last Match in Tipping Rounds 1-26, the eligible entrant ranked highest for that Tipping Round will be the "Tipping Round Winner" for that Tipping Round and will be awarded the Tipping Round Prize for that Tipping Round (as set out in Condition 8.1 below). If, however, there is a tie for the highest ranking eligible entrant for a Tipping Round, the entrants will be ranked based on the Weekly Margin for the same Round, where the lowest Weekly Margin has the highest rank. In the case of a further tie, the entrants will be ranked by their Total Margin for the Season to date, where the lowest Total Margin has the highest rank. In the case of a further tie, the entrants will be ranked by whichever entrant registered first (either in a current Season or a previous Season). There will be no Tipping Round Prizes awarded for Tipping Rounds 25-28, but entrants will still earn Tipping Scores for those Rounds to go towards their Overall Tipping Score. If a Tipping Round Winner does not claim their Tipping Round Prize by the date 3 months after the date on which they were notified in accordance with Condition 1.7, they forfeit all entitlement to their Tipping Round Prize and subject, where relevant, to any directions given under the legislation regulating this promotion, that Tipping Round Prize will be awarded as follows: the remaining entrants will be ranked based on the Weekly Margin for the same Round, where the lowest Weekly Margin has the highest rank. In the case of a further tie, the remaining entrants will be ranked by their Total Margin for the Season to date, where the lowest Total Margin has the highest rank. In the case of a further tie, the remaining entrants will be ranked by whichever entrant registered first (either in a current Season or a previous Season). 7.3 Overall Tipping Prize Winner: After completion of the last Match in all Tipping Rounds, the eligible entrant ranked highest for the Season overall (ie the highest ranking entrant for the Code Competition as defined in the Tipping Rules) will be the "Overall Tipping Prize Winner" and will be awarded the Overall Tipping Prize set out in Condition 8.2. In the event that two (2) or more Tipping Profiles have the same number of points, the entrants will be ranked based on the Total Margin for the Season, where the lowest Total Margin has the highest rank. Then, where entrants have identical Scores and identical Total Margins, the entrant with the lowest weekly Margin for the last Round within the Season will be ranked highest. In the event of a further tie, the entrant with the lowest Weekly Margin for each preceding Round, in reverse chronological order, will be ranked highest until the tie is broken. If the Overall Tipping Prize Winner does not claim the Overall Tipping Prize by the date 3 months after the date they were first notified in accordance with Condition 1.7, they forfeit all entitlement to the Overall Tipping Prize and subject, where relevant, to any directions given under the legislation regulating this promotion, the Overall Tipping Prize will be awarded as follows: the eligible entrant with the next highest ranking for the Season overall will be the Overall Tipping Prize Winner. If, however, there is a tie for the eligible entrant with the next highest ranking for the Season overall, the remaining entrants will be ranked based on the Total Margin (defined in clause 4.2 below) for the Season, where the lowest Total Margin has the highest rank. Then, where remaining entrants have identical Scores and identical Total Margins, the entrant with the lowest weekly Margin for the last Round within the Season will be ranked highest. In the event of a further tie, the entrant with the lowest Weekly Margin for each preceding Round, in reverse chronological order, will be ranked highest until the tie is broken. 7.4 Participation Prize draw winner: The Participation Prize draw will be held at the time and the date specified in Condition 1.6. The eligible entrant whose entry is first drawn, will win the Participation Prize set out in Condition 8.3. If the Participation Prize Winner does not claim the participation Prize by the date 3 months after the date on which their name was first published online in accordance with Condition 1.7, they forfeit all entitlement to the Participation Prize and subject, where relevant, to any directions given under the legislation regulating this promotion, a re-draw will be held from the other entries included in the original draw to select a replacement Participation Prize Winner. If required, this draw will take place at the time and date specified for an unclaimed Participation Prize in Condition 1.9 and the first of those entrants to be drawn will be the replacement Participation Prize Winner. 7.5 The Promoter's decision is final and no correspondence will be entered into. 7.6 It is a condition of the awarding of each prize that the winner must, if requested to do so by the Promoter, sign and return any Affirmation of Eligibility to Enter, Ownership of Entry, Release and Compliance statements provided to the winner by the Promoter. The failure to return the signed statements will result in the entitlement to the prize being forfeited and the selection of another winner. Where a prize is awarded to a winner(s) other than the winner originally chosen, the name of that winner(s) will be published in accordance with Condition 1.10. 7.7 All draws will take place at the Promoter's premises at Level 7, Tower Building, Australia Square, 264-278 George St, Sydney NSW 2000. 8. PRIZES 8.1 Each Tipping Round Prize: $100 (there are a total of 24 of these prizes) 8.2 Overall Tipping Prize: $2,000 8.3 Participation Prize: $400 8.4 All prizes will be paid by cheque. The total value of all prizes is $4,800. 8.5 It is a condition of accepting a prize that the winner consents to the Promoter using their name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter. 9. NO QUALITY, ETC, REPRESENTATIONS/EXCLUSION OF LIABILITY 9.1 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 State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) 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. 9.2 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: (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 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) use of a prize. 10. WINNER NOTIFICATION AND PUBLICATION The winners will be notified by email, using the registration details provided in their entry. The names of the winners will be published online in accordance with Condition 1.7 and winners of prizes valued at over $250 will also be published in the public notices section of The Australian on the date indicated in Condition 1.7. 11. OWNERSHIP OF ENTRIES AND PRIVACY 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 for an indefinite period 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. Entrants should direct any request to opt out, access, update or correct information to the Promoter. 12. INTERNET If for any reason this competition is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other causes beyond the control of Promoter which corrupt or affect the administration security, fairness, integrity, or proper conduct of this competition, the Promoter reserves the right in its sole discretion, to disqualify any individual who tampers with the entry process, or may benefit from such tampering, and, subject to the approval of those authorities that have issued permits for the conduct of this competition, to cancel, terminate, modify or suspend the competition. The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, or non-receipt of, entries. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by the Promoter or an entrant because of technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this competition. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR THE INFORMATION ON A WEBSITE, OR TO OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THIS COMPETITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WHETHER SUCCESSFUL OR NOT, THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW. 13. PROMOTER The Promoter is ninemsn Pty Ltd, ACN 077 753 461, Level 7, Tower Building, Australia Square, 264-278 George Street, Sydney NSW 2000. Telephone: (02) 9383 6000. 14. HEADINGS The headings in these Conditions are for convenience only and do not affect interpretation. 15. ENTIRE CONDITIONS These conditions constitute the entire agreement of the parties relating to the entry and the conduct of the competition. 16. PERMITS The permits issued for the conduct of this competition are set out in Condition 1.8. -------------------------------------------------------------------------- The ninemsn 2011 Rugby League Fantasy Competition - Terms and Conditions 1. VARIABLES Residency: 1.1 Entrants must be residents of Australia. Minimum age: 1.2 18 years Round entry dates and times: 1.3 All times and dates in these conditions are Sydney times and dates. The "Competition Open Time" is midday AEDST on 04/03/11 The "Competition Close Time" is 11:59pm AEDST on 05/10/11 The competition contains 30 separate rounds for entry corresponding to the 30 rounds of matches (each a "Match") of the 2011 NRL season, including 4 rounds of finals ("Season"). The rounds of Matches for the Season (each a "Round") are available at http://footytipping.wwos.com.au/ ("WIDE WORLD OF SPORTS Tipping and Fantasy Website"). Once an entrant registers for the Competition on the WIDE WORLD OF SPORTS Tipping and Fantasy Website, they are taken to be participants in the “Game”. For rules of the Game, see http://footytipping.wwos.com.au/ Entry into each Round: (i) commences at the Competition Open Time, and (ii) closes, for each Match in the Round, at the "Deadline" for the Match, being the earlier of: (a) the scheduled commencement time for that Match, as most recently published at the WIDE WORLD OF SPORTS Tipping and Fantasy Website; or (b) the Competition Close Time. All commencement times for Matches are subject to change from time to time. Entry into the Participation Prize draw and, if required, the Overall Fantasy Prize draw: (i) commences at the Competition Open Time; and (ii) closes at the Competition Close Time. All times will be recorded as per the server clock on the WIDE WORLD OF SPORTS Tipping and Fantasy Website. The decision of the Promoter is final and no correspondence will be entered into regarding times of transfers/trades made. The Promoter will not backdate points for any reason. Entrants can join the Game at any time throughout the competition however no points will be awarded for any earlier Round in the Season. Round winner determination: 1.4 In the event of a tie for first ranking position in Rounds 1-30, the user that registered first will be deemed the winner for that Round. There will be no Round Prizes awarded for Rounds 27-30, but entrants will still earn Scores for those Rounds to go towards their Overall Fantasy Score. Overall Winner determination: 1.5 The Overall Winner will be the entrant whose Fantasy Team has accumulated the most points throughout the Game. In the event that two (2) or more managers have the same number of points, the user that registered first will be deemed the winner. Participation Prize draw date and time: 1.6 Draw will take place at 1pm on the next Wednesday following the Competition Close Time (ie 12/10/11). Publication Dates: 1.7 The Overall Winner and the Participation Prize draw winner will be published in the Australian on 19/10/11. The Overall Winner and the Participation Prize draw winner will be notified within two (2) days of winner determination. All Round Prize Winners will be notified by email within 21 days of winner determination. Permit numbers: 1.8 Authorised under: NSW Permit No LTPS/11/1965; ACT Permit No TP11/897. Unclaimed prizes 1.9 Unclaimed prize draws, if required, will be held as follows: For unclaimed Round Prizes: at 12noon on the date 4 months after the last Deadline for a Match in the Round in respect of which the prize is awarded. For unclaimed Overall Prize: at 12noon on 12/02/12. For unclaimed Participation Prize: at 12noon on 12/02/12. Winner(s), if any, will be notified in writing within two (2) days of the draw. 1.10 The winner(s) of any unclaimed prizes (valued at over $250), if any, will be published in The Australian on 23/02/12. The winner of any Round Prize awarded in accordance with Condition 7.2(i) or 7.2(ii) and the winner of any Overall Prize or Participation Prize awarded in accordance with Condition 7.3 or 7.4 will be notified by email within 21 days of winner determination. 2. WHO MAY ENTER 2.1 The only persons who may enter and be awarded prizes are persons who meet the eligibility criteria specified in Condition 1.1, who have attained the age specified in Condition 1.2 (if an age is specified in that Condition), who are not (i) employees of, or contractors to, the Promoter or any of its agencies involved with this competition, or (ii) members of the immediate family of such employees and contractors. "Immediate family" means spouse, defacto parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the employee/contractor. 2.2 The Promoter reserves the right to refuse to accept any entry which, in the opinion of the Promoter, does not comply with the rules and regulations of the competition or which contravenes the spirit of the Game. The Promoter has an absolute discretion to disqualify any entry, or vary, amend, or waive the rules of the competition or terminate the Game at any time and participants agree that no liability shall attach to the Promoter as a result thereof and that the exercise of such discretion shall not result in any compensation being payable or paid to any entrant. It is a condition of entry that all rules are accepted as final and that the competitor agrees to abide by these rules. 3. ENTRANTS BOUND BY CONDITIONS By participating, entrants agree to be bound by these conditions. 4. HOW TO ENTER 4.1 To enter, entrants must first complete the competition registration form on the WIDE WORLD OF SPORTS Tipping and Fantasy Website by providing all requested details. Entrants must read these conditions and the rules for managing the fantasy team ("Game Rules") available at the WIDE WORLD OF SPORTS Tipping and Fantasy Website. By entering, entrants agree to be bound by these terms and conditions and the Game Rules. Entrants must select a valid username and password at the time of registration. Entrants must enter their username and password each time they wish to access the "Fantasy Competition" section of the WIDE WORLD OF SPORTS Tipping and Fantasy Website or Mobile Site. Any usernames deemed inappropriate or offensive (including, without limitation, names that are obscene, pornographic, racist, abusive or harassing) will not be allowed and teams will be disqualified and withdrawn from the Game. 4.2 For each Round in which an entrant wishes to make transfers/trades, the transfers/trades must be made by published kick-off time for the first match of each round to be eligible for point scoring. During the Weekly Lockdown you will not be able to trade/transfer players. You will not be able to trade players until 00:01 each Tuesday after the Round. 4.3 Players will only score points from the time/date they have been transferred into your team. Time of transfers will only be recorded as per the server clock (displayed in the top right hand side of the screen). We will not enter into discussion about times of transfer, or backdate points for any reason. 4.4 When an entrant submits their fantasy team in this Competition, they will automatically be allocated one (1) entry into the Participation Prize Draw. 4.5 Each team will automatically be entered into the overall ladder for the Game, however entrants can also enter their teams into a private group for their friends (“Private Competition”). To do this, entrants must log onto their teams and visit ‘Private Competition Admin’ under the ‘Ladders’ section of the website. There is no limit on the number of Private Competitions each entrant can enter. There is also no limit on the number of competitions each entrant can administer. Each Private Competition must have a minimum of three (3) users to qualify as a Private Competition. Any group which does not have the required number of users will not qualify as a Private Competition. Private Competitions winners will not receive any prizes. Once an entrant has joined a Private Competition, they can be moved or deleted by the administrator, at the administrator’s discretion. Entrants can enter a Private Competition at any time throughout the Season. If an entrant is not conducting themselves with “Good Sporting Conduct” (including, without limitation, where one user manages all of the teams in that one Private Competition or where the Promoter believes that transfers are being made in multiple Private Competitions by any one manager) then the Promoter may, in its discretion, remove the entrant from the Game. 4.6 Only the registered entrant may make changes to his/her Fantasy Team. Any entrant found to be managing a fantasy team that does not belong to them, or behalf of another Game player or without their knowledge, will be removed and no eligible to win any prizes. 4.7 Any cost associated with accessing the WIDE WORLD OF SPORTS Tipping and Fantasy Website or Mobile Site is the entrant’s responsibility and is dependent on the Internet or Mobile service provider used. 4.8 Incomplete, inaccurate or corrupted entries will be deemed invalid. The Promoters decision is final. 5. LIMITATIONS ON ENTRY A person must not register (as contemplated by Condition 4.1) more than once. Accordingly, there is a limit of one (1) fantasy team per entrant. Any entrant who does not comply with this restriction may be disqualified. Each entrant will only be allocated one (1) entry into the Participation. The use of any automated entry software or any other mechanical or electronic means that permits the participant to automatically enter repeatedly is prohibited. 6. DURATION The total number of Rounds to be held is as specified in Condition 1.3. Number of Transfers/Trades given to teams are listed in Game Rules page. 7. SELECTION OF WINNERS 7.1 Entrants will be ranked after the completion of each Round in accordance with the Game Rules. Points will be awarded as shown in Game Rules page. The results used for the game will be those initially reported by the key news agencies. If any decision is reversed from what was initially reported points already awarded to teams will NOT be amended. Where matches are re-arranged, points will be allocated to team as per the date when the match is actually played. 7.2 Round Winner: After completion of the last Match in Rounds 1-30, the eligible entrant ranked highest for that Round will be the "Round Winner" for that Round and will be awarded the Round Prize for that Round (as set out in Condition 8.1 below). If, however, there is a tie for the highest ranking eligible entrant for a Round, the user who registered first will be deemed the winner for that Round. There will be no Round Prizes awarded for Rounds 27 and 30, but entrants will still earn Scores for those Rounds to go towards their Overall Score. If a Round Winner does not claim their Round Prize by the date 3 months after the date they were first notified in accordance with Condition 1.7, they forfeit all entitlement to their Round Prize and subject, where relevant, to any directions given under the legislation regulating this promotion, their Round Prize will be awarded as follows: (i) if the forfeiting Round Winner was NOT determined in a draw, the eligible entrant with the next highest ranking for that Round will be the Round Winner for that Round. If, however, there is a tie for the eligible entrant with the next highest ranking for that Round, then a draw will be held from those tied entrants to select a single winner for that Round. If required, this draw will take place at the time and date specified for that Round Prize in Condition 1.9 and the first of those tied entrants to be drawn will be the winner. (ii) if the forfeiting Round Winner WAS determined in a draw, a re-draw will be held from the other tied eligible entrants included in the original draw to select a single winner for that Round. If required, this draw will take place at the time and date specified for that Round in Condition 1.9 and the first of those tied entrants to be drawn will be the winner. 7.3 Overall Prize Winner: After completion of the last Match in all Rounds, the eligible entrant ranked highest for the Season overall (ie the highest ranking entrant throughout the Competition as defined in the Game Rules) will be the "Overall Prize Winner" and will be awarded the Overall Prize set out in Condition 8.2. If, however, there is a tie for the eligible entrant ranked highest for the Season overall, the user who registered first will be deemed the winner. If the Overall Prize Winner does not claim the Overall Prize by the date 3 months after the date on which their name was first published online in accordance with Condition 1.7, they forfeit all entitlement to the Overall Prize and subject, where relevant, to any directions given under the legislation regulating this promotion, the Overall Prize will be awarded as follows: the eligible entrant with the next highest ranking for the Season overall will be the Overall Prize Winner. If, however, there is a tie for the eligible entrant with the next highest ranking for the Season overall, then the user who registered for the Game first will be the winner of the Overall Prize. 7.4 Participation Prize draw winner: The Participation Prize draw will be held at the time and the date specified in Condition 1.6. The eligible entrant whose entry is first drawn, will win the Participation Prize set out in Condition 8.3. If the Participation Prize Winner does not claim the participation Prize by the date 3 months after the date on which their name was first published online in accordance with Condition 1.7, they forfeit all entitlement to the Participation Prize and subject, where relevant, to any directions given under the legislation regulating this promotion, a re-draw will be held from the other entries included in the original draw to select a replacement Participation Prize Winner. If required, this draw will take place at the time and date specified for an unclaimed Participation Prize in Condition 1.9 and the first of those entrants to be drawn will be the replacement Participation Prize Winner. 7.5 The Promoter's decisions are final and no correspondence will be entered into. 7.6 It is a condition of the awarding of each prize that the winner must, if requested to do so by the Promoter, sign and return any Affirmation of Eligibility to Enter, Ownership of Entry, Release and Compliance statements provided to the winner by the Promoter. The failure to return the signed statements will result in the entitlement to the prize being forfeited and the selection of another winner. Where a prize is awarded to a winner(s) other than the winner originally chosen, the name of that winner(s) will be published in accordance with Condition 1.10. 7.7 All draws will take place at the Promoter's premises at Level 7, Tower Building, Australia Square, 264-278 George St, Sydney NSW 2000. 8 PRIZES 8.1 Each Round Prize: $100 (there are a total of 26 of these prizes) 8.2 Overall Prize: $2,000 8.3 Participation Prize: $400 8.4 All prizes will be paid by cheque. The total value of all prizes is $5,000. 8.5 It is a condition of accepting a prize that the winner consents to the Promoter using their name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter. 9 NO QUALITY, ETC, REPRESENTATIONS/EXCLUSION OF LIABILITY 9.1 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 State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) 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. 9.2 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: (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 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) if any match in the NRL is cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) use of a prize. 10 WINNER NOTIFICATION AND PUBLICATION The winners will be notified by email, using the registration details provided in their entry. The names of the winners will be published online in accordance with Condition 1.7 and winners of prizes valued at over $250 will also be published in the public notices section of The Australian on the date indicated in Condition 1.7. 11 OWNERSHIP OF ENTRIES AND PRIVACY 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 for an indefinite period 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. Entrants should direct any request to opt out, access, update or correct information to the Promoter. 12 INTERNET If for any reason this competition is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other causes beyond the control of Promoter which corrupt or affect the administration security, fairness, integrity, or proper conduct of this competition, the Promoter reserves the right in its sole discretion, to disqualify any individual who tampers with the entry process, or may benefit from such tampering, and, subject to the approval of those authorities that have issued permits for the conduct of this competition, to cancel, terminate, modify or suspend the competition. The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, or non-receipt of, entries. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by the Promoter or an entrant because of technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this competition. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR THE INFORMATION ON A WEBSITE, OR TO OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THIS COMPETITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WHETHER SUCCESSFUL OR NOT, THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW. 13 PROMOTER The Promoter is ninemsn Pty Ltd, ACN 077 753 461, Level 7, Tower Building, Australia Square, 264-278 George Street, Sydney NSW 2000. Telephone: (02) 9383 6000. 14 HEADINGS The headings in these Conditions are for convenience only and do not affect interpretation. 15 ENTIRE CONDITIONS These conditions constitute the entire agreement of the parties relating to the entry and the conduct of the competition. 16. PERMITS The permits issued for the conduct of this competition are set out in Condition 1.8. ----------------------------------------------------------------------------------------------------------------------------------------------------------------- The ninemsn 2011 NRL Tipping Competition - Terms and Conditions 1. VARIABLES Residency and ninemsn membership: 1.1. Entrants must be residents of Australia. Minimum age: 1.2. 18 years Tipping Round entry dates and times: 1.3 All times and dates in these conditions are Sydney times and dates. The "Competition Open Time" is midday on 04/03/11 The "Competition Close Time" is 11:59pm on 05/10//11 The competition contains 30 separate rounds for entry corresponding to the 30 rounds of matches (each a "Match") of the 2011 NRL season, including 4 rounds of finals ("Season"). The rounds of Matches for the Season (each a "Round") are available at http://footytipping.wwos.com.au/ ("WIDE WORLD OF SPORTS Tipping and Fantasy Website"). Once an entrant registers for the Competition on the WIDE WORLD OF SPORTS Tipping and Fantasy Website, they are taken to be participants in the “Game”. For rules of the Game, see http://footytipping.wwos.com.au/. Entry into each Tipping Round: (i) commences at the Competition Open Time, and (ii) closes, for each Match in the Tipping Round, at the "Deadline" for the Match, being the earlier of: (a) the scheduled commencement time for that Match, as most recently published at the WIDE WORLD OF SPORTS Tipping and Fantasy Website; or (b) the Competition Close Time. All commencement times for Matches are subject to change from time to time. Entry into the Participation Prize draw and, if required, the Overall Tipping Prize draw: (i) commences at the Competition Open Time; and (ii) closes at the Competition Close Time. All times will be recorded as per the server clock on the WIDE WORLD OF SPORTS Tipping and Fantasy Website. The decision of the Promoter is final and no correspondence will be entered into regarding times of tips entered. The Promoter will not backdate points for any reason. Entrants can join the Game at any time throughout the competition. If an entrant enters the Game part way through the season, that entrant will be awarded the average score of all profiles entered already at that point in time. Tipping Round winner determination: 1.4 In the event of a tie for first ranking position in Tipping Rounds 1-26, the entrants will be ranked based on the “Weekly Margin” (being the margin a user gives for the selected Match in a particular Round) for the same Round, where the lowest Weekly Margin has the highest rank. In the case of a further tie, the entrants will be ranked by their Total Margin for the Season to date, where the lowest Total Margin has the highest rank. In the case of a further tie, the entrants will be ranked by whichever entrant registered first (either in a current Season or a previous Season). There will be no Tipping Round Prizes awarded for Tipping Rounds 27-30, but entrants will still earn Tipping Scores for those Rounds to go towards their Overall Tipping Score. Weekly rankings for a given Round will be determined no later than 72 hours after the last Match of the particular Round has ended. Overall Winner determination: 1.5 The Overall Winner will be the entrant whose Tipping Profile has accumulated the most points throughout the Game. In the event that two (2) or more Tipping Profiles have the same number of points, the entrants will be ranked based on the Total Margin (defined in clause 4.2 below) for the Season, where the lowest Total Margin has the highest rank. Then, where entrants have identical Scores and identical Total Margins, the entrant with the lowest weekly Margin for the last Round within the Season will be ranked highest. In the event of a further tie, the entrant with the lowest Weekly Margin for each preceding Round, in reverse chronological order, will be ranked highest 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. Participation Prize draw date and time: 1.6 Draw will take place at 1pm on the next Wednesday following the Competition Close Time (ie 12/10/11). Publication Dates: 1.7 The Overall Tipping prize winner and the Participation Prize draw winner will be published in the Australian on 19/10/11. The Overall Tipping prize winner and the Participation Prize draw winner will be notified within two (2) days of the relevant draw. All other Prize Winners will be notified by email within 21 days of winning. Permit numbers: 1.8 Authorised under: NSW Permit No. LTPS/11/1886… ACT Permit No. TP11/873 … Unclaimed prizes: 1.9 In the event of an unclaimed Participation Prize, a draw will be held at the same time and place as the original draw on 16/01/12 to award the prize. Winner, if any, will be notified in writing within two (2) days of the draw. 1.10 The winner(s) of any unclaimed prizes (valued at over $250), if any, will be published in The Australian on 23/01/12. 2. WHO MAY ENTER 2.1 The only persons who may enter and be awarded prizes are persons who meet the eligibility criteria specified in Condition 1.1, who have attained the age specified in Condition 1.2 (if an age is specified in that Condition), who are not (i) employees of, or contractors to, the Promoter or any of its agencies involved with this competition, or (ii) members of the immediate family of such employees and contractors. "Immediate family" means spouse, defacto parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the employee/contractor. 2.2 The Promoter reserves the right to refuse to accept any entry which, in the opinion of the Promoter, does not comply with the rules and regulations of the competition or which contravenes the spirit of the Game. The Promoter has an absolute discretion to disqualify any entry, or vary, amend, or waive the rules of the competition or terminate the Game at any time and participants agree that no liability shall attach to the Promoter as a result thereof and that the exercise of such discretion shall not result in any compensation being payable or paid to any entrant. It is a condition of entry that all rules are accepted as final and that the competitor agrees to abide by these rules. 3. ENTRANTS BOUND BY CONDITIONS By participating, entrants agree to be bound by these conditions. 4. HOW TO ENTER 4.1 To enter, entrants must first complete the competition registration form on the WIDE WORLD OF SPORTS Tipping and Fantasy Website by providing all requested details. Entrants must read these conditions and the rules for making tips ("Tipping Rules") available at the WIDE WORLD OF SPORTS Tipping and Fantasy Website. By entering, entrants agree to be bound by these terms and conditions and the Tipping Rules. Entrants must select a valid username and password at the time of registration. Entrants must enter their username and password each time they wish to access the "Tipping Competition" section of the WIDE WORLD OF SPORTS Tipping and Fantasy Website or Mobile Site. Any usernames deemed inappropriate or offensive (including, without limitation, names that are obscene, pornographic, racist, abusive or harassing) will not be allowed and profiles will be disqualified and withdrawn from the Game. 4.2 For each Tipping Round, entrants will be required to select the margin for a relevant Match (which is determined by the goal difference between Team A and Team B). At the end of the Game, the accrued margins for each entrant will be calculated (“Total Margin”). A margin is required for the Margin Game in each Round, as specified on the website. The “Margin Game” means the Match selected by the Promoter in a given Round for which entrants are required to select the winning margin. For each Tipping Round in which an entrant wishes to submit tips ("Tips"), the entrant must submit their Tips for each Match in the Tipping Round prior to the Deadline for the Match (see Condition 1.3). The manner in which Tips are to be made is explained in the Tipping Rules. The Tipping Rules also explain how Default Tips are generated if Tips are not expressly made. 4.3 Entrants must make their Tips on the "Tipping" page at the WIDE WORLD OF SPORTS Tipping and Fantasy Website or Mobile Site, margin as required for the Round and then click the "Save Tips" button. Points will not be scored for Tips if they have not been saved. Entrants may change their Tip for a Match, even after they have clicked the "Save Tips" button, provided they do so prior to the relevant Deadline for the Match for which the Tip is being made. If a registered entrant changes their Tips for a Tipping Round, only the most recently entered Tips have effect and each registered entrant will only receive one (1) entry to the Tipping Round. 4.4 If an entrant does not save any Tips when the Deadline for a match has passed, the Away team will automatically be allocated as the Tip for that entrant. If no Away team is allocated or if the Round is a finals Round, then no tip is allocated. If the entrant does not submit any Tips for a particular Round, the entrant’s Tips for that Round will be deemed to be for the away team in each case, and the entrant will be limited to a maximum number of Tips for that Round as defined on the website. If no Away team is allocated or if the Round is a finals Round then zero Tips are allocated. If the entrant enters the promotion after the commencement of the first Round, then the entrant’s Tips for those Rounds that have been completed will be deemed to be for the Away teams, and the entrant will be limited to a maximum number of Tips for each Round as defined on the website. If no Away team is allocated or if the Round is considered a finals Round then zero Tips are allocated. 4.5 If an entrant does not save a margin prediction then they will not score any points for the margin prediction. They will however, still receive points for their Tip. 4.6 When an entrant submits their first Tip in this Competition, they will automatically be allocated one (1) entry into the Participation Prize Draw. 4.7 Each profile will automatically be entered into the overall ladder for the Game, however entrants can also enter their profile into a private group for their friends (“Private Competition”). To do this, entrants must log onto their profile and visit ‘Private Competition Admin’ under the ‘Ladders’ section of the website. Entrants can join up to ten (10) Private Competitions. Once an entrant has joined a Private Competition they cannot be moved or deleted from that Competition. Each Private Competition must have a minimum of five (5) users to qualify as a Private Competition. Any group which does not have the required number of users will not qualify as a Private Competition. Private Competitions winners will not receive any prizes. If an entrant attempts to become part of more than ten (10) Private Competitions, or if an entrant is not conducting themselves with “Good Sporting Conduct” (including, without limitation, where one user manages all of the profiles in that one Private Competition or where the Promoter believes that transfers are being made in multiple Private Competitions by any one manager) then the Promoter may, in it’s discretion, remove the entrant from the Game. 4.8 Only the registered entrant may make changes to his/her Tips. Any entrant found to be managing a profile that does not belong to them, on behalf of another Game player or without their knowledge, will be removed and no eligible to win any prizes. 4.9 Any cost associated with accessing the WIDE WORLD OF SPORTS Tipping Website or Mobile Site is the entrant’s responsibility and is dependent on the Internet or Mobile service provider used. 4.10 Incomplete, inaccurate or corrupted entries will be deemed invalid. The Promoters decision is final. 4.11 An entrant may make or change a Tip for a given Match in a Round at any time prior to the scheduled commencement time for that Match. 5. LIMITATIONS ON ENTRY A person must not register (as contemplated by Condition 4.1) more than once. Accordingly, there is a limit of one (1) entry per Tipping Round per entrant. Any entrant who does not comply with this restriction may be disqualified. Each entrant will only be allocated one (1) entry into the Participation Prize Draw no matter how many Tipping Rounds they enter. The use of any automated entry software or any other mechanical or electronic means that permits the participant to automatically enter repeatedly is prohibited. 6. DURATION The total number of Tipping Rounds to be held is as specified in Condition 1.3. Tips for each Match in each Tipping Round can only be submitted in accordance with the method set out in Condition 4, and, if submitted, must be received by the Promoter on or after the time and date set out in Condition 1.3 and before the relevant Deadline as defined in Condition 1.3. 7. SELECTION OF WINNERS 7.1 Entrants will be ranked after the completion of each Tipping Round in accordance with the Tipping Rules. Points will be awarded as follows: 1 point for correct result Tip (win/draw); 0 points for an incorrect Tip. The results used for the game will be those initially reported by the key news agencies. If any decision is reversed from what was initially reported points already awarded to profiles will NOT be amended. Where matches are re-arranged, points will be allocated to profiles as per the date when the match is actually played. 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 entrant’s score. 7.2 Tipping Round Winner: After completion of the last Match in Tipping Rounds 1-26, the eligible entrant ranked highest for that Tipping Round will be the "Tipping Round Winner" for that Tipping Round and will be awarded the Tipping Round Prize for that Tipping Round (as set out in Condition 8.1 below). If, however, there is a tie for the highest ranking eligible entrant for a Tipping Round, the entrants will be ranked based on the Weekly Margin for the same Round, where the lowest Weekly Margin has the highest rank. In the case of a further tie, the entrants will be ranked by their Total Margin for the Season to date, where the lowest Total Margin has the highest rank. In the case of a further tie, the entrants will be ranked by whichever entrant registered first (either in a current Season or a previous Season). There will be no Tipping Round Prizes awarded for Tipping Rounds 27-30, but entrants will still earn Tipping Scores for those Rounds to go towards their Overall Tipping Score. If a Tipping Round Winner does not claim their Tipping Round Prize by the date 3 months after the date on which they were notified in accordance with Condition 1.7, they forfeit all entitlement to their Tipping Round Prize and subject, where relevant, to any directions given under the legislation regulating this promotion, that Tipping Round Prize will be awarded as follows: the remaining entrants will be ranked based on the Weekly Margin for the same Round, where the lowest Weekly Margin has the highest rank. In the case of a further tie, the remaining entrants will be ranked by their Total Margin for the Season to date, where the lowest Total Margin has the highest rank. In the case of a further tie, the remaining entrants will be ranked by whichever entrant registered first (either in a current Season or a previous Season). 7.3 Overall Tipping Prize Winner: After completion of the last Match in all Tipping Rounds, the eligible entrant ranked highest for the Season overall (ie the highest ranking entrant for the Code Competition as defined in the Tipping Rules) will be the "Overall Tipping Prize Winner" and will be awarded the Overall Tipping Prize set out in Condition 8.2. In the event that two (2) or more Tipping Profiles have the same number of points, the entrants will be ranked based on the Total Margin for the Season, where the lowest Total Margin has the highest rank. Then, where entrants have identical Scores and identical Total Margins, the entrant with the lowest weekly Margin for the last Round within the Season will be ranked highest. In the event of a further tie, the entrant with the lowest Weekly Margin for each preceding Round, in reverse chronological order, will be ranked highest until the tie is broken. If the Overall Tipping Prize Winner does not claim the Overall Tipping Prize by the date 3 months after the date they were first notified in accordance with Condition 1.7, they forfeit all entitlement to the Overall Tipping Prize and subject, where relevant, to any directions given under the legislation regulating this promotion, the Overall Tipping Prize will be awarded as follows: the eligible entrant with the next highest ranking for the Season overall will be the Overall Tipping Prize Winner. If, however, there is a tie for the eligible entrant with the next highest ranking for the Season overall, the remaining entrants will be ranked based on the Total Margin (defined in clause 4.2 below) for the Season, where the lowest Total Margin has the highest rank. Then, where remaining entrants have identical Scores and identical Total Margins, the entrant with the lowest weekly Margin for the last Round within the Season will be ranked highest. In the event of a further tie, the entrant with the lowest Weekly Margin for each preceding Round, in reverse chronological order, will be ranked highest until the tie is broken. 7.4 Participation Prize draw winner: The Participation Prize draw will be held at the time and the date specified in Condition 1.6. The eligible entrant whose entry is first drawn, will win the Participation Prize set out in Condition 8.3. If the Participation Prize Winner does not claim the participation Prize by the date 3 months after the date on which their name was first published online in accordance with Condition 1.7, they forfeit all entitlement to the Participation Prize and subject, where relevant, to any directions given under the legislation regulating this promotion, a re-draw will be held from the other entries included in the original draw to select a replacement Participation Prize Winner. If required, this draw will take place at the time and date specified for an unclaimed Participation Prize in Condition 1.9 and the first of those entrants to be drawn will be the replacement Participation Prize Winner. 7.5 The Promoter's decision is final and no correspondence will be entered into. 7.6 It is a condition of the awarding of each prize that the winner must, if requested to do so by the Promoter, sign and return any Affirmation of Eligibility to Enter, Ownership of Entry, Release and Compliance statements provided to the winner by the Promoter. The failure to return the signed statements will result in the entitlement to the prize being forfeited and the selection of another winner. Where a prize is awarded to a winner(s) other than the winner originally chosen, the name of that winner(s) will be published in accordance with Condition 1.10. 7.7 All draws will take place at the Promoter's premises at Level 7, Tower Building, Australia Square, 264-278 George St, Sydney NSW 2000. 8. PRIZES 8.1 Each Tipping Round Prize: $100 (there are a total of 26 of these prizes) 8.2 Overall Tipping Prize: $2,000 8.3 Participation Prize: $400 8.4 All prizes will be paid by cheque. The total value of all prizes is $5,000. 8.5 It is a condition of accepting a prize that the winner consents to the Promoter using their name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter. 9. NO QUALITY, ETC, REPRESENTATIONS/EXCLUSION OF LIABILITY 9.1 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 State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) 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. 9.2 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: (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 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) use of a prize. 10. WINNER NOTIFICATION AND PUBLICATION The winners will be notified by email, using the registration details provided in their entry. The names of the winners will be published online in accordance with Condition 1.7 and winners of prizes valued at over $250 will also be published in the public notices section of The Australian on the date indicated in Condition 1.7. 11. OWNERSHIP OF ENTRIES AND PRIVACY 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 for an indefinite period 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. Entrants should direct any request to opt out, access, update or correct information to the Promoter. 12. INTERNET If for any reason this competition is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other causes beyond the control of Promoter which corrupt or affect the administration security, fairness, integrity, or proper conduct of this competition, the Promoter reserves the right in its sole discretion, to disqualify any individual who tampers with the entry process, or may benefit from such tampering, and, subject to the approval of those authorities that have issued permits for the conduct of this competition, to cancel, terminate, modify or suspend the competition. The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, or non-receipt of, entries. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by the Promoter or an entrant because of technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this competition. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR THE INFORMATION ON A WEBSITE, OR TO OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THIS COMPETITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WHETHER SUCCESSFUL OR NOT, THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW. 13. PROMOTER The Promoter is ninemsn Pty Ltd, ACN 077 753 461, Level 7, Tower Building, Australia Square, 264-278 George Street, Sydney NSW 2000. Telephone: (02) 9383 6000. 14. HEADINGS The headings in these Conditions are for convenience only and do not affect interpretation. 15. ENTIRE CONDITIONS These conditions constitute the entire agreement of the parties relating to the entry and the conduct of the competition. 16. PERMITS The permits issued for the conduct of this competition are set out in Condition 1.8. -------------------------------------------------------------------------- ********************************************** COMPETITION TERMS AND CONDITIONS – Super15 ********************************************** The ninemsn 2011 Super 15 Competition Terms and Conditions 1. VARIABLES Residency and ninemsn membership: 1.1. Entrants must be residents of Australia and must be ninemsn members. Minimum age: 1.2. 18 years Tipping Round entry dates and times: 1.3 All times and dates in these conditions are Sydney times and dates. The "Competition Open Time" is midday on 18/02/11 The "Competition Close Time" is 11:59pm on 09/07/11 The competition contains 21 separate rounds for entry (each a "Tipping Round") corresponding to the 21 rounds of matches (each a "Match") of the 2011 Super 15 season, including finals ("Season"). The rounds of Matches for the Season (each a "Round") are available at http://tipping.WideWorldofSports.com.au ("WIDE WORLD OF SPORTS Tipping Website"). Once an entrant registers for the Competition on the WIDE WORLD OF SPORTS Tipping Website, they are taken to be participants in the “Game”. Entry into each Tipping Round: (i) commences at the Competition Open Time, and (ii) closes, for each Match in the Tipping Round, at the "Deadline" for the Match, being the earlier of: (a) the scheduled commencement time for that Match, as most recently published at the WIDE WORLD OF SPORTS Tipping Website; or (b) the Competition Close Time. All commencement times for Matches are subject to change from time to time. Entry into the Participation Prize draw and, if required, the Overall Tipping Prize draw: (i) commences at the Competition Open Time; and (ii) closes at the Competition Close Time. All times will be recorded as per the server clock on the WIDE WORLD OF SPORTS Tipping Website (which will be displayed in the top right hand side of the screen). The decision of the Promoter is final and no correspondence will be entered into regarding times of tips entered. The Promoter will not backdate points for any reason. Entrants can join the Game at any time throughout the competition. If an entrant enters the Game part way through the season, that entrant will be awarded the average score of all profiles entered already at that point in time. Tipping Round winner determination: 1.4 In the event of a tie for first ranking position in Tipping Rounds 1-18, the entrants will be ranked based on the “Weekly Margin” (being the margin a user gives for the selected Match in a particular Round) for the same Round, where the lowest Weekly Margin has the highest rank. In the case of a further tie, the entrants will be ranked by their Total Margin for the Season to date, where the lowest Total Margin has the highest rank. In the case of a further tie, the entrants will be ranked by whichever entrant registered first (either in a current Season or a previous Season). There will be no Tipping Round Prizes awarded for Tipping Rounds 19-21, but entrants will still earn Tipping Scores for those Rounds to go towards their Overall Tipping Score. Weekly rankings for a given Round will be determined no later than 72 hours after the last Match of the particular Round has ended. Overall Winner determination: 1.5 The Overall Winner will be the entrant whose Tipping Profile has accumulated the most points throughout the Game. In the event that two (2) or more Tipping Profiles have the same number of points, the entrants will be ranked based on the Total Margin (defined in clause 4.2 below) for the Season, where the lowest Total Margin has the highest rank. Then, where entrants have identical Scores and identical Total Margins, the entrant with the lowest weekly Margin for the last Round within the Season will be ranked highest. In the event of a further tie, the entrant with the lowest Weekly Margin for each preceding Round, in reverse chronological order, will be ranked highest 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. Participation Prize draw date and time: 1.6 Draw will take place at 1pm on the next Wednesday following the Competition Close Time (ie 13/07/11). Publication Dates: 1.7 The Overall Tipping prize winner and the Participation Prize draw winner will be published in the Australian on 15/07/11. The Overall Tipping prize winner and the Participation Prize draw winner will be notified within two (2) days of the relevant draw. All other Prize Winners will be notified by email within 21 days of winning. Permit numbers: 1.8 Authorised under: NSW Permit No. LTPS/11/1325, ACT Permit No. TP11/520 Unclaimed prizes 1.9 In the event of an unclaimed Participation Prize, a draw will be held at the same time and place as the original draw on 13/10/11 to award the prize. Winner, if any, will be notified in writing within two (2) days of the draw. 1.10 The winner(s) of any unclaimed prizes (valued at over $250), if any, will be published in The Australian on 17/10/11. 2. WHO MAY ENTER 2.1 The only persons who may enter and be awarded prizes are persons who meet the eligibility criteria specified in Condition 1.1, who have attained the age specified in Condition 1.2 (if an age is specified in that Condition), who are not (i) employees of, or contractors to, the Promoter or any of its agencies involved with this competition, or (ii) members of the immediate family of such employees and contractors. "Immediate family" means spouse, defacto parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the employee/contractor. 2.2 The Promoter reserves the right to refuse to accept any entry which, in the opinion of the Promoter, does not comply with the rules and regulations of the competition or which contravenes the spirit of the Game. The Promoter has an absolute discretion to disqualify any entry, or vary, amend, or waive the rules of the competition or terminate the Game at any time and participants agree that no liability shall attach to the Promoter as a result thereof and that the exercise of such discretion shall not result in any compensation being payable or paid to any entrant. It is a condition of entry that all rules are accepted as final and that the competitor agrees to abide by these rules. 3. ENTRANTS BOUND BY CONDITIONS By participating, entrants agree to be bound by these conditions. 4. HOW TO ENTER 4.1. To enter, entrants must first complete the competition registration form on the WIDE WORLD OF SPORTS Tipping Website by providing all requested details. Entrants must read these conditions and the rules for making tips ("Tipping Rules") available at the WIDE WORLD OF SPORTS Tipping Website. By entering, entrants agree to be bound by these terms and conditions and the Tipping Rules. Entrants must select a valid username and password at the time of registration. Entrants must enter their username and password each time they wish to access the "Tipping Competition" section of the WIDE WORLD OF SPORTS Tipping Website or Mobile Site. Any usernames deemed inappropriate or offensive (including, without limitation, names that are obscene, pornographic, racist, abusive or harassing) will not be allowed and profiles will be disqualified and withdrawn from the Game. 4.2 For each Tipping Round, entrants will be required to select the margin for a relevant Match (which is determined by the goal difference between Team A and Team B). At the end of the Game, the accrued margins for each entrant will be calculated (“Total Margin”). A margin is required for the Margin Game in each Round, as specified on the website. The “Margin Game” means the Match selected by the Promoter in a given Round for which entrants are required to select the winning margin. For each Tipping Round in which an entrant wishes to submit tips ("Tips"), the entrant must submit their Tips for each Match in the Tipping Round prior to the Deadline for the Match (see Condition 1.3). The manner in which Tips are to be made is explained in the Tipping Rules. The Tipping Rules also explain how Default Tips are generated if Tips are not expressly made. 4.3 Entrants must make their Tips on the "Put Your Tips In" page at the WIDE WORLD OF SPORTS Tipping Website or Mobile Site, margin as required for the Round and then click the "Save Tips" button. Points will not be scored for Tips if they have not been saved. Entrants may change their Tip for a Match, even after they have clicked the "Save Tips" button, provided they do so prior to the relevant Deadline for the Match for which the Tip is being made. If a registered entrant changes their Tips for a Tipping Round, only the most recently entered Tips have effect and each registered entrant will only receive one (1) entry to the Tipping Round. 4.4 Entrants may use the “Randomise Tips” feature, and Tips will be randomly picked. Entrants can change the randomly picked options before they click “Save Tips”. 4.5 If an entrant does not save any Tips when the Deadline for a match has passed, the Away team will automatically be allocated as the Tip for that entrant. If no Away team is allocated or if the Round is a finals Round, then no tip is allocated. If the entrant does not submit any Tips for a particular Round, the entrant’s Tips for that Round will be deemed to be for the away team in each case, and the entrant will be limited to a maximum number of Tips for that Round as defined on the website. If no Away team is allocated or if the Round is a finals Round then zero Tips are allocated. If the entrant enters the promotion after the commencement of the first Round, then the entrant’s Tips for those Rounds that have been completed will be deemed to be for the Away teams, and the entrant will be limited to a maximum number of Tips for each Round as defined on the website. If no Away team is allocated or if the Round is considered a finals Round then zero Tips are allocated. 4.6 If an entrant does not save a margin prediction then they will not score any points for the margin prediction. They will however, still receive points for their Tip. 4.7 When an entrant submits their first Tip in this Competition, they will automatically be allocated one (1) entry into the Participation Prize Draw. 4.8 Each profile will automatically be entered into the overall ladder for the Game, however entrants can also enter their profile into a private group for their friends (“Private Competition”). To do this, entrants must log onto their profile and visit ‘Private Competition Admin’ under the ‘Ladders’ section of the website. Entrants can join up to ten (10) Private Competitions, however each entrant can only be the ‘chairman’ of one (1) Private Competition. Once an entrant has joined a Private Competition they cannot be moved or deleted from that Competition. Each Private Competition must have a minimum of five (5) users to qualify as a Private Competition. Any group which does not have the required number of users will not qualify as a Private Competition. Private Competitions winners will not receive any prizes. If an entrant attempts to become part of more than ten (10) Private Competitions, or if an entrant is not conducting themselves with “Good Sporting Conduct” (including, without limitation, where one user manages all of the profiles in that one Private Competition or where the Promoter believes that transfers are being made in multiple Private Competitions by any one manager) then the Promoter may, in it’s discretion, remove the entrant from the Game. 4.9 Only the registered entrant may make changes to his/her Tips. Any entrant found to be managing a profile that does not belong to them, on behalf of another Game player or without their knowledge, will be removed and no eligible to win any prizes. 4.10 Any cost associated with accessing the WIDE WORLD OF SPORTS Tipping Website or Mobile Site is the entrant’s responsibility and is dependent on the Internet or Mobile service provider used. 4.11 Incomplete, inaccurate or corrupted entries will be deemed invalid. The Promoters decision is final. 4.12 An entrant may make or change a Tip for a given Match in a Round at any time prior to the scheduled commencement time for that Match. 5. LIMITATIONS ON ENTRY A person must not register (as contemplated by Condition 4.1) more than once. Accordingly, there is a limit of one (1) entry per Tipping Round per entrant. Any entrant who does not comply with this restriction may be disqualified. Each entrant will only be allocated one (1) entry into the Participation Prize Draw no matter how many Tipping Rounds they enter. The use of any automated entry software or any other mechanical or electronic means that permits the participant to automatically enter repeatedly is prohibited. 6. DURATION The total number of Tipping Rounds to be held is as specified in Condition 1.3. Tips for each Match in each Tipping Round can only be submitted in accordance with the method set out in Condition 4, and, if submitted, must be received by the Promoter on or after the time and date set out in Condition 1.3 and before the relevant Deadline as defined in Condition 1.3. 7. SELECTION OF WINNERS 7.1 Entrants will be ranked after the completion of each Tipping Round in accordance with the Tipping Rules. Points will be awarded as follows: 1 point for correct result Tip (win/draw); 0 points for an incorrect Tip. The results used for the game will be those initially reported by the key news agencies. If any decision is reversed from what was initially reported points already awarded to profiles will NOT be amended. Where matches are re-arranged, points will be allocated to profiles as per the date when the match is actually played. 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 entrant’s score. 7.2 Tipping Round Winner: After completion of the last Match in Tipping Rounds 1-18, the eligible entrant ranked highest for that Tipping Round will be the "Tipping Round Winner" for that Tipping Round and will be awarded the Tipping Round Prize for that Tipping Round (as set out in Condition 8.1 below). If, however, there is a tie for the highest ranking eligible entrant for a Tipping Round, the entrants will be ranked based on the Weekly Margin for the same Round, where the lowest Weekly Margin has the highest rank. In the case of a further tie, the entrants will be ranked by their Total Margin for the Season to date, where the lowest Total Margin has the highest rank. In the case of a further tie, the entrants will be ranked by whichever entrant registered first (either in a current Season or a previous Season). There will be no Tipping Round Prizes awarded for Tipping Rounds 19-21, but entrants will still earn Tipping Scores for those Rounds to go towards their Overall Tipping Score. If a Tipping Round Winner does not claim their Tipping Round Prize by the date 3 months after the date on which they were notified in accordance with Condition 1.7, they forfeit all entitlement to their Tipping Round Prize and subject, where relevant, to any directions given under the legislation regulating this promotion, that Tipping Round Prize will be awarded as follows: the remaining entrants will be ranked based on the Weekly Margin for the same Round, where the lowest Weekly Margin has the highest rank. In the case of a further tie, the remaining entrants will be ranked by their Total Margin for the Season to date, where the lowest Total Margin has the highest rank. In the case of a further tie, the remaining entrants will be ranked by whichever entrant registered first (either in a current Season or a previous Season). 7.3. Overall Tipping Prize Winner: After completion of the last Match in all Tipping Rounds, the eligible entrant ranked highest for the Season overall (ie the highest ranking entrant for the Code Competition as defined in the Tipping Rules) will be the "Overall Tipping Prize Winner" and will be awarded the Overall Tipping Prize set out in Condition 8.2. In the event that two (2) or more Tipping Profiles have the same number of points, the entrants will be ranked based on the Total Margin for the Season, where the lowest Total Margin has the highest rank. Then, where entrants have identical Scores and identical Total Margins, the entrant with the lowest weekly Margin for the last Round within the Season will be ranked highest. In the event of a further tie, the entrant with the lowest Weekly Margin for each preceding Round, in reverse chronological order, will be ranked highest until the tie is broken. If the Overall Tipping Prize Winner does not claim the Overall Tipping Prize by the date 3 months after the date they were first notified in accordance with Condition 1.7, they forfeit all entitlement to the Overall Tipping Prize and subject, where relevant, to any directions given under the legislation regulating this promotion, the Overall Tipping Prize will be awarded as follows: the eligible entrant with the next highest ranking for the Season overall will be the Overall Tipping Prize Winner. If, however, there is a tie for the eligible entrant with the next highest ranking for the Season overall, the remaining entrants will be ranked based on the Total Margin (defined in clause 4.2 below) for the Season, where the lowest Total Margin has the highest rank. Then, where remaining entrants have identical Scores and identical Total Margins, the entrant with the lowest weekly Margin for the last Round within the Season will be ranked highest. In the event of a further tie, the entrant with the lowest Weekly Margin for each preceding Round, in reverse chronological order, will be ranked highest until the tie is broken. . 7.4 Participation Prize draw winner: The Participation Prize draw will be held at the time and the date specified in Condition 1.6. The eligible entrant whose entry is first drawn, will win the Participation Prize set out in Condition 8.3. If the Participation Prize Winner does not claim the participation Prize by the date 3 months after the date on which their name was first published online in accordance with Condition 1.7, they forfeit all entitlement to the Participation Prize and subject, where relevant, to any directions given under the legislation regulating this promotion, a re-draw will be held from the other entries included in the original draw to select a replacement Participation Prize Winner. If required, this draw will take place at the time and date specified for an unclaimed Participation Prize in Condition 1.9 and the first of those entrants to be drawn will be the replacement Participation Prize Winner. 7.7 The Promoter's decision is final and no correspondence will be entered into. 7.8 It is a condition of the awarding of each prize that the winner must, if requested to do so by the Promoter, sign and return any Affirmation of Eligibility to Enter, Ownership of Entry, Release and Compliance statements provided to the winner by the Promoter. The failure to return the signed statements will result in the entitlement to the prize being forfeited and the selection of another winner. Where a prize is awarded to a winner(s) other than the winner originally chosen, the name of that winner(s) will be published in accordance with Condition 1.10. 7.10 All draws will take place at the Promoter's premises at Level 7, Tower Building, Australia Square, 264-278 George St, Sydney NSW 2000. 8 PRIZES 8.1 Each Tipping Round Prize: $100 (there are a total of 18 of these prizes) 8.2 Overall Tipping Prize: $1,000 8.3 Participation Prize: $500 8.4 All prizes will be paid by cheque. The total value of all prizes is $3,300. 8.5 It is a condition of accepting a prize that the winner consents to the Promoter using their name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter. 9 NO QUALITY, ETC, REPRESENTATIONS/EXCLUSION OF LIABILITY 9.1 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 State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) 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. 9.2 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: (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 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) use of a prize. 10 WINNER NOTIFICATION AND PUBLICATION The winners will be notified by email, using the registration details provided in their entry. The names of the winners will be published online in accordance with Condition 1.7 and winners of prizes valued at over $250 will also be published in the public notices section of The Australian on the date indicated in Condition 1.7. 11 OWNERSHIP OF ENTRIES AND PRIVACY 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 for an indefinite period 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. Entrants should direct any request to opt out, access, update or correct information to the Promoter. 12 INTERNET If for any reason this competition is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other causes beyond the control of Promoter which corrupt or affect the administration security, fairness, integrity, or proper conduct of this competition, the Promoter reserves the right in its sole discretion, to disqualify any individual who tampers with the entry process, or may benefit from such tampering, and, subject to the approval of those authorities that have issued permits for the conduct of this competition, to cancel, terminate, modify or suspend the competition. The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, or non-receipt of, entries. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by the Promoter or an entrant because of technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this competition. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR THE INFORMATION ON A WEBSITE, OR TO OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THIS COMPETITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WHETHER SUCCESSFUL OR NOT, THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW. 13 PROMOTER The Promoter is ninemsn Pty Ltd, ACN 077 753 461, Level 7, Tower Building, Australia Square, 264-278 George Street, Sydney NSW 2000. Telephone: (02) 9383 6000. 14 HEADINGS The headings in these Conditions are for convenience only and do not affect interpretation. 15 ENTIRE CONDITIONS These conditions constitute the entire agreement of the parties relating to the entry and the conduct of the competition. 16. PERMITS The permits issued for the conduct of this competition are set out in Condition 1.8. Neither Apple nor any related entity of Apple is a sponsor or promoter of this competition, nor is Apple or any related entity of Apple in any way involved in, associated with or affiliated with this competition. ********************************************** COMPETITION TERMS AND CONDITIONS – World Cup Tipping ********************************************** The ninemsn World Cup Tipping Competition Terms and Conditions 1. VARIABLES Residency and ninemsn membership: 1.1. Entrants must be residents of Australia and must be ninemsn members. Minimum age: 1.2. 18 years. Tipping Round entry dates and times: 1.3 All times and dates in these Terms and Conditions are Sydney times and dates. The "Competition Open Time" is midday on 26/08/11 The "Competition Close Time" is 6pm on 23/10/11 The competition contains 7 separate rounds (each a "Tipping Round") corresponding to the 7 rounds of matches (each a "Match") of the World Cup Tournament, including finals ("Tournament"). Match details are available at http://tipping.WideWorldofSports.com.au ("WIDE WORLD OF SPORTS Tipping Website"). Entry into each Tipping Round: (i) commences at the Competition Open Time, and (ii) closes, for each Match in the Tipping Round, at the "Deadline" for the Match, being the earlier of: (a) the scheduled commencement time for that Match, as most recently published at the WIDE WORLD OF SPORTS Tipping Website; or (b) the Competition Close Time. All commencement times for Matches are subject to change from time to time. Entry into the Participation Prize Draw commences at the Competition Open Time and closes at the Competition Close Time. All times will be recorded as per the server clock on the WIDE WORLD OF SPORTS Tipping Website (which will be displayed in the top right hand side of the screen). The Promoter will not backdate points for any reason. Entrants can join the competition at any time throughout the competition period. If an entrant enters the competition part way through the competition period, that entrant will be awarded the average cumulative score of all entrants entered already at that point in time. Overall Winners determination: 1.4 There will be three (3) “Overall Winners”. The Overall Winners will be the top three (3) entrants who have accumulated the highest Overall Tipping Score throughout the Tournament. In the event of a tie for an Overall Winner prize, the tied entrants will be ranked based on the Total Margin for the Tournament, where the lowest Total Margin has the highest rank. Then, where tied entrants have identical Overall Tipping Scores and identical Total Margins, the tied entrant with the lowest weekly Margin for the last Tipping Round within the Tournament will be ranked highest. In the event of a further tie, the tied entrant with the lowest Weekly Margin for each preceding Tipping Round, in reverse chronological order, will be ranked highest until the tie is broken. In the case of a further tie, the tied entrants will be ranked by whichever entrant registered first. End of Tournament rankings will be determined no later than 72 hours after the final Tipping Round of the Tournament has been completed. Participation Prize Draw date and time: 1.5 The Participation Prize Draw will take place at 1pm on 26/10/11. Publication Dates: 1.6 The Overall Tipping prize winners and the Participation Prize Draw winner will be published in the Australian on 21/11/11. The Participation Prize Draw winner will be notified within two (2) days of the draw. All other winners will be notified by email within 21 days of winning. Permit numbers: 1.7 Authorised under: NSW Permit No. LTPS/11/7891 ACT Permit No. TP11/3493 2. WHO MAY ENTER 2.1 The only persons who may enter and be awarded prizes are persons who meet the eligibility criteria specified in Condition 1.1, who have attained the age specified in Condition 1.2, who are not (i) employees of, or contractors to, the Promoter or any of its agencies involved with this competition, or (ii) members of the immediate family of such employees and contractors. "Immediate family" means spouse, defacto parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the employee/contractor. 2.2 The Promoter reserves the right to refuse to accept any entry which, in the opinion of the Promoter, does not comply with the rules and regulations of the competition or which contravenes the spirit of the competition. The Promoter has an absolute discretion to disqualify any entry, or vary, amend, or waive the rules of the competition or terminate the competition at any time and entrants agree that no liability shall attach to the Promoter as a result thereof and that the exercise of such discretion shall not result in any compensation being payable to any entrant. It is a condition of entry that all rules are accepted as final and that the entrant agrees to abide by these rules. 3. HOW TO ENTER 3.1. To enter, entrants must first complete the competition registration form on the WIDE WORLD OF SPORTS Tipping Website by providing all requested details. Entrants must read these Terms and Conditions and the rules for making tips ("Tipping Rules") available at the WIDE WORLD OF SPORTS Tipping Website. By entering, entrants agree to be bound by these Terms and Conditions and the Tipping Rules. Entrants must select a valid username and password at the time of registration. Entrants must enter their username and password each time they wish to access the Tipping Competition section of the WIDE WORLD OF SPORTS Tipping Website or Mobile Site. Any usernames deemed inappropriate or offensive (including, without limitation, names that are obscene, pornographic, racist, abusive or harassing) will not be allowed and the entrant will be disqualified and withdrawn from the competition. 3.2 For each Tipping Round, entrants will be required to submit a tip for each Match and nominate margin for a specified Match (which is determined by the points difference between Team A and Team B) (“the Margin Game”). At the end of the competition, the accrued margins for each entrant will be calculated (“Total Margin”). Entrants must submit their tip for each Match prior to the Deadline for the Match (see Condition 1.3). The manner in which tips are to be made is explained in the Tipping Rules. 3.3 Entrants must submit their tips and margin for the Margin Game on the "Put Your Tips In" page at the WIDE WORLD OF SPORTS Tipping Website or Mobile Site and then click the "Save Tips" button. Points will not be scored for tips if they have not been saved. Entrants may change their tip for a Match, even after they have clicked the "Save Tips" button, provided they do so prior to the relevant Deadline for the Match for which the tip is being made. If an entrant changes their tips for a Tipping Round, only the most recently entered tips have effect. 3.4 Entrants may use the “Randomise Tips” feature, and tips will be randomly picked. Entrants can change the randomly picked options before they click “Save Tips”. 3.5 In Tipping Rounds 1 – 4, if an entrant does not save/submit any tips by the applicable Deadline for a Match , the away team (i.e. the team listed second on the Match fixture on the WIDE WORLD OF SPORTS Tipping Website) will automatically be allocated as the tip for each Match for that entrant and the Margin Game prediction allocated will be zero. In the case that default tips are submitted for an entrant, the entrant will be limited to a maximum number of tips for the corresponding Tipping Round (as defined in the Tipping Rules). In Tipping Rounds 5 – 7, if an entrant does not save/submit any tips by the applicable Deadline for a Match, no tips will be allocated for that Match. 3.6 When an entrant submits their first tip in this competition, they will automatically be allocated one (1) entry into the Participation Prize Draw. 3.7Each entrant will automatically be entered into the overall ladder for the competition, however, entrants can also enter a private group for their friends (“Private Competition”). To do this, entrants must log on and visit ‘Private Competition Admin’ under the ‘Ladders’ section of the WIDE WORLD OF SPORTS Tipping Website. Entrants can join up to ten (10) Private Competitions, however, each entrant can only be the ‘chairman’ of one (1) Private Competition. Once an entrant has joined a Private Competition they cannot be moved or deleted from that Private Competition. Each Private Competition must have a minimum of five (5) entrants to qualify as a Private Competition. Any group which does not have the required number of entrants will not qualify as a Private Competition. Private Competition winners will not receive any prizes. If an entrant attempts to become part of more than ten (10) Private Competitions, or if an entrant is not conducting themselves with “Good Sporting Conduct” (as determined by the Promoter in its absolute discretion) (including, without limitation, where one entrant manages all of the entries in that one Private Competition) then the Promoter may, in it’s discretion, remove the entrant(s) involved from the competition. 3.8 Only the registered entrant may make changes to his/her tips. Any entrant found to be managing an entry that does not belong to them, on behalf of another entrant or without their knowledge, will be removed and not eligible to win any prizes. 3.9 Any cost associated with accessing the WIDE WORLD OF SPORTS Tipping Website or Mobile Site is the entrant’s responsibility and is dependent on the Internet or Mobile service provider used. 3.10 Incomplete, inaccurate or corrupted entries will be deemed invalid. 4. LIMITATIONS ON ENTRY A person must not register more than once. Accordingly, there is a limit of one (1) entry per Tipping Round per entrant. Any entrant who does not comply with this restriction may be disqualified. The use of any automated entry software or any other mechanical or electronic means that permits the entrant to automatically enter/tip repeatedly is prohibited. 5. SELECTION OF WINNERS 6.1 Entrants will be ranked after the completion of each Tipping Round in accordance with these Terms and Conditions and the Tipping Rules. Points will be awarded as follows: 1 point for correct result tip; 0 points for an incorrect tip. The results used for the Match will be those initially reported by the key news agencies. If any decision is reversed from what was initially reported, points already awarded to entrants will NOT be amended. In the event of a Match 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 entrant’s score. 5.2. Overall Winners: After completion of the last Match in all Tipping Rounds, the top three (3) highest scoring entrants will be the Overall Winners and will be awarded an Overall Tipping Prize. If an Overall Winner does not claim their Overall Tipping Prize by the time specified by the Promoter, they forfeit all entitlement to the Overall Tipping Prize and the Overall Tipping Prize will be awarded to the entrant with the next best Tipping Score. 5.3 Participation Prize Draw winner: The eligible entrant whose entry is first drawn will win the Participation Prize. If the Participation Prize Winner does not claim the Participation Prize by the time specified by the Promoter, they forfeit all entitlement to the Participation Prize and subject, where relevant, to any directions given under the legislation regulating this competition, a re-draw will be held from the other entries included in the original draw to select a replacement Participation Prize Winner. If required, this draw will take place at the same time as the original draw on 25/01/12 and the first entrant drawn will be the replacement Participation Prize Winner. The winner, if any, will be notified in writing within two (2) days of the draw and published in The Australian on 31/01/112. 5.4 It is a condition of receiving a prize that the winner must, if requested to do so by the Promoter, sign and return any Affirmation of Eligibility to Enter, Ownership of Entry and/or Release and Compliance statements provided to the winner by the Promoter. The failure to return the signed statements will result in the entitlement to the prize being forfeited and the selection of another winner. 5.5 All draws will take place at the Promoter's premises at Level 7, Tower Building, Australia Square, 264-278 George St, Sydney NSW 2000. 6. PRIZES 6.1 Overall Tipping Prizes: $2,000 cash (first place), a framed rugby ball (signed by the Wallabies) valued at $1,000 (second place), Wallabies prize pack valued at $500 (third place). 6.2 Participation Prize: $500 cash 6.3 All cash prizes will be paid by cheque. The total value of all prizes is $4,000. 6.4 It is a condition of accepting a prize that the winner consents to the Promoter using their name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter. 7. NO QUALITY, ETC, REPRESENTATIONS/EXCLUSION OF LIABILITY 7.1 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 State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) 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 competition. 7.2 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: (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 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 tax liability incurred by a winner or entrant; or (e) use of a prize. 8. OWNERSHIP OF ENTRIES AND PRIVACY Information about entrants is used by the Promoter to assess and process registrations and entries in the competition. If an entrant does not provide the required information, the Promoter cannot process the registration/entry. All entries become the property of the Promoter and will be entered into a database. Information emanating from the entrant’s participation in the competition is used by the Promoter and its agencies associated with this competition, including but not limited to ExtraCorp Pty Ltd ABN 40 091 402 327, for the determination of winners and distribution of prizes. Entrants consent to publishing their name and score in the results section of the WIDE WORLD OF SPORTS Tipping Website and as otherwise set out in these Terms and Conditions and the Tipping Rules. 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. It is a condition of entry that entrants consent to these uses and disclosures of their information. Information about entrants may also be used for an indefinite period 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 an entrant otherwise withdraws their consent to the use of their information in this manner. Entrants should direct any request to opt out, access, update or correct information to the Promoter. 9. INTERNET If for any reason this competition is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other causes beyond the control of Promoter which corrupt or affect the administration security, fairness, integrity, or proper conduct of this competition, the Promoter reserves the right in its sole discretion, to disqualify any entrant who tampers with the entry process, or may benefit from such tampering, and, subject to the approval of those authorities that have issued permits for the conduct of this competition, to cancel, terminate, modify or suspend the competition. The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, or non-receipt of, entries. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by the Promoter or an entrant because of technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including any injury or damage to an entrant’s or any other person's computer related to or resulting from participation or downloading any materials in this competition. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR THE INFORMATION ON A WEBSITE, OR TO OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THIS COMPETITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WHETHER SUCCESSFUL OR NOT, THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW. 10. PROMOTER The Promoter is ninemsn Pty Ltd, ABN 33 077 753 461, Level 7, Tower Building, Australia Square, 264-278 George Street, Sydney NSW 2000. Telephone: (02) 9383 6000. The Promoter’s Decision regarding any aspect of these Terms and Conditions and this competition is final and no correspondence will be entered into.
*
I agree with the above Terms and Conditions
AFL
NRL
SRU
ALE
#
Team
P
Pts
F/A
Streak
1
CHI
11
49
77
W
W
W
L
B
2
STO
11
49
74
W
W
B
W
W
3
BUL
11
47
103
W
B
W
W
L
4
BRU
11
44
65
L
W
W
B
W
5
CRU
12
42
89
W
W
W
L
W
6
SHA
12
41
52
L
B
W
W
W
7
HIG
12
39
12
W
W
L
L
W
8
RED
12
36
-26
L
W
L
W
W
9
HUR
12
35
-7
L
L
W
W
L
10
WAR
12
28
-19
W
L
L
L
L
11
CHE
12
27
-26
B
L
W
L
L
12
REB*
10
24
-84
L
B
L
W
?
13
FOR*
11
18
-91
B
L
L
L
?
14
BLU
12
16
-94
L
L
L
W
L
15
LIO
11
14
-125
B
L
L
L
L
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