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Terms and Conditions Current as at: 13 January 2011 Latest Revision Date: 13 January 2011 Contact: dmg Radio Australia’s Legal Counsel Trade Promotion: Game of Skill Schedule to Terms of Entry Name of Promotion - FIVEaa Footy Tipping Station and Station Website - Fiveaa (www.fiveaa.com.au) Promoter - Festival City Broadcasters Pty Ltd (ACN 007 767 768) of Level 4, 75 Hindmarsh Square, Adelaide SA 5000 Relevant State/s - SA Entry Restrictions - Entrants must be 18 years of age or over. This Promotion is run in conjunction with ExtraCorp Pty Ltd (“ExtraCorp”). By entering this Promotion the Entrant agrees to be bound by the ExtraCorp Footy Tipping Competition Terms of Entry (as applicable) a copy of which is attached (“ExtraCorp Terms”). Unless otherwise specified the terms defined in the ExtraCorp Terms will have the same meaning in these Terms of Entry. In the event of inconsistency between theses Terms of Entry and the ExtraCorp Terms, these Terms of Entry will prevail. Tips can be submitted or changed at any time prior to the start time for each game, however once a game has started tips will no longer be accepted for that game. Entrants may only register for the Promotion once (entrants cannot register multiple accounts). Entrants must be able to collect the prize from the Station as specified by the Promoter. Competition Period The competition begins at 9am ACDST on Monday the 14th March 2011. Entries into the competition close prior to the start of the last game in Round 24 scheduled for Sunday the 4th of September 2011 or as otherwise revised and advertised by the AFL. Entry Method Web entry: During the Competition Period: (a) listeners will be invited to visit the Station Website and fully complete the online “Footy Tipping” registration form including by providing their name, address, contact number and email address and submitting their tips for each Round in accordance with the ExtraCorp Terms; (b) for each Round, one game will be selected as the Margin Game and entrants must also and insert a margin by which they expect their selected winning team to win by; (c) Entrants may enter or amend their tips on the Station Website at any time prior to the start of each game. (for the avoidance of doubt the start time for each game is the actual start time of the game in the State in which the game is being held, the start time IS NOT the broadcast time of the match or the time of any replay) (d) Each week, at the end of each round, the “Top Tipper” (based on the number of correct tips and the figure inserted for the Margin Game as determined by ExtraCorp in accordance with the ExtraCorp Terms) will be awarded a Minor Prize; (e) The overall Top Tipper (based on the number of correct tips and the figures inserted for the Margin Game as determined by ExtraCorp in accordance with the ExtraCorp Terms) will be awarded the Major Prize. Maximum Number of Entries - One entry per person during the Competition Period. Challenge Details - N/A Challenge Date and Challenge Location - N/A Judging Criteria - N/A Prize Details Minor Prize/s There are up to 24 Minor Prize/s to be won, as follows: Minor Prize: Tattsbet voucher valued at $100AUD (inc GST) Major prize There is up to one 1 Major Prize to be won, as follows: Major Prize: $5,000AUD (inc GST) cash Total Prize Pool - Up to $7,400 (inc GST) Notification of Winners Winners will be notified: - via email - via telephone Prize Claim Date and Time - Prize/s must be claimed by 9am ACDST Monday 23rd December 2011. Prize Delivery The prize will be transferred to the winner’s nominated bank account via electronic funds transfer. The Station will contact the winner when their prize is ready for collection. Trade Promotion: Game of Skill Terms of Entry 1 These terms must be read together with the Schedule for this competition. The Schedule defines certain terminology used in these terms. By entering, entrants accept these terms. To the extent of any inconsistency between the Schedule and these terms, the Schedule prevails. For the avoidance of doubt, the Promoter’s General Terms of Entry (available on the Station Website) do not apply to this competition. 2 Entry is open only to residents of the Relevant State/s who comply with the Entry Restrictions (if any). Directors, officers, management, employees and other staff (and the immediate families of directors, officers, management, employees and other staff) of the Promoter or of its related bodies corporate, or of the agencies or companies associated with this competition or of any Australian commercial radio broadcaster are ineligible to enter. 3 The competition will be conducted during the Competition Period. 4 To enter the competition, entrants must follow the Entry Method during the Competition Period. 5 Entries must be received by the Promoter during the Competition Period. Entrants may submit up to the Maximum Number of Entries. Multiple entries (where permitted) must be submitted separately. 6 The Promoter accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over communications networks or services, the Internet, or computer or telephone networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. Any form of automated entry using any device or software is invalid. Entries via SMS or email are deemed to be received at the time of receipt into the Promoter’s database not at the time of transmission by the entrant. 7 If this promotion involves SMS entry, the maximum cost of each SMS is 55 cents (inc GST) and entries must be submitted from the entrant’s mobile phone. SMS entry is only open to entrants with an SMS compatible mobile phone with calling line identification connected to a service provider which permits text and premium messaging to and from the promotional SMS number. Entrants should check with their network service provider to see if their mobile phone is compatible. Entrants under the age of 18 must obtain the bill payer’s permission prior to entering. The Promoter’s Service Provider is 5th Finger Pty Ltd (helpline: 1300 464 866). 8 If this promotion involves entry via a competition phone line, the maximum cost of a call to the competition phone line is 55 cents (inc GST) except that higher rates may apply from mobile or public phones. Entrants under the age of 18 must obtain the bill payer’s permission prior to entering. 9 This is a game of skill; chance plays no part in determining the winner/s. Each valid entry will be individually judged (by representatives of the Promoter) based on the Judging Criteria. 10 The judges' decisions are final and no correspondence will be entered into. 11 All entries and materials submitted to the Promoter in connection with this competition (in any form, including without limitation in hard copy or electronic form), become the property of the Promoter and each entrant warrants that it has the right to transfer these things to the Promoter. Each entry must be the entrant’s original work. By entering this competition entrants: (a) consent to the Promoter making copies of or publishing the whole or any part of their entry and otherwise exploiting the entry and any rights in relation to the entry, to publicise this competition or for any other purposes; and (b) undertake to the Promoter that their entry is not, and its use by the Promoter will not be, in breach of any third party intellectual property rights. 12 The prize/s will be awarded to the valid entrant or entrants (as applicable) which best meet the Judging Criteria, as determined by the judges, in accordance with the Prize Details. Entries that, in the Promoter’s judgment, contain offensive, defamatory or otherwise objectionable or inappropriate material or that infringe any third party rights will be invalid. 13 If the competition involves a challenge as described in the Challenge Details (the Challenge), the Challenge will be conducted in accordance with the Challenge Details on the Challenge Date at the Challenge Location. If an entrant participating in the Challenge is deemed, by representatives of the Promoter, to have completed the Challenge successfully within the time period specified by the Promoter (where applicable), and in accordance with any other criteria specified in the Schedule or by the Promoter, they will receive a prize as described in the Prize Details. Unless otherwise specified, entrants are responsible for making their own way to and from the Challenge Location to participate in the Challenge. If the Challenge Location is specified to be an “entrant’s home” or similar, the entrant warrants that the address nominated by the entrant is the address where the entrant lawfully and usually resides and that the entrant has authority to allow persons access to the home and the land on which it is situated. The entrant consents to the Promoter and any other persons as required by the Promoter accessing and entering the home and the land, for the duration of the Challenge and for any period before or after the Challenge, as reasonably required for the purposes of the Challenge. Unless the contrary intention appears, a reference in these terms to the word “person” includes an individual, a firm, a body corporate, a partnership, a joint venture, an unincorporated body or association, or any government agency or entity. 14 The prize/s are specified in the Prize Details. The total prize pool is specified in the Total Prize Pool section of the Schedule. 15 Where a prize includes international or domestic travel, the prize cannot be taken during peak periods and must be booked and completed as specified by the Promoter and/or the supplier or organiser of the prize. If the prize is event based, travel must be taken to coincide with the relevant event on the dates specified by the Promoter. Any flights and accommodation constituting part of a prize are subject to booking and availability. All costs associated with a travel prize which are not specified to be included in the prize, including but not limited to any transfer costs, meals, taxes, insurance and other ancillary costs, are the responsibility of the winner and their companion/s. The winner and any travelling companion/s are responsible for ensuring that they have all necessary travel insurance and documents to travel to the relevant place (including a current passport and visas, if required). The Promoter is not responsible for any cancellation, delay or rescheduling of flights and any costs incurred as a result (including, without limitation, accommodation costs) will be the sole responsibility of the winner. Where a prize includes international travel, winners are advised to consult their healthcare professional regarding recommended immunisations and/or health checks prior to travelling and to check for travel warnings and any perceived hazards with appropriate authorities, including www.dfat.gov.au. 16 If the prize includes any vehicle (Vehicle), including a motor vehicle/motorcycle/motor scooter/boat or any other vehicle, the prize does not include any insurance or accessories not specified. If a winner of a Vehicle is under the age of 18 years, the prize will be awarded to the winner’s parent or guardian. The winner or his or her parent or guardian (as the case may be) (Deemed Winner) is responsible for arranging their attendance at the premises nominated by the Promoter to collect the Vehicle. The Deemed Winner must provide all information and sign all documentation necessary to enable the Promoter to register the Vehicle in the name of the Deemed Winner prior to collection. To be eligible to claim the Vehicle, the Deemed Winner must be capable of obtaining registration of the Vehicle in his or her name in accordance with any applicable legislation in the Relevant State in which the Vehicle is collected. If the Deemed Winner is, through any legal incapacity or otherwise, unable to register the Vehicle in his or her name then he or she may assign the Vehicle to another person with legal capacity for the purpose of registration of the Vehicle. 17 Where a prize involves the winner: (a) attending an event, if any part of the event is abandoned, called off, varied or postponed for any reason, then at the Promoter’s discretion, the relevant winner (and their companion/s, if applicable) forfeits all rights to attend the relevant event and no cash or alternative tickets will be substituted for that element of the prize; and/or (b) meeting or attending a function with a celebrity or other public figure, the Promoter will not be liable for the failure of the winner (and their companion/s, if applicable) to meet that person or failure of that person to attend the function, for whatever reason. 18 If the prize includes vouchers, all vouchers are valid until the voucher expiry date as specified on the voucher or by the provider of the voucher. Vouchers are subject to the conditions stipulated by the provider of the voucher. If the total value of a voucher is not used at the time of redemption, a new voucher may (subject to the conditions stipulated by the provider) be issued for the remaining amount. Any such further voucher is valid for the remainder of the original voucher expiry period. Vouchers cannot be redeemed for further vouchers. 19 If the prize includes tickets, all tickets are valid for the date or period as indicated on the tickets. Tickets are subject to the conditions stipulated by the provider of the tickets. 20 If a winner of a prize is under the age of 18 years (where entry by persons under 18 is permitted), the Promoter may, at its discretion, award the prize to the winner’s parent or guardian. 21 The Promoter may, at its discretion, require any person taking any prize to be 18 years of age or over, or if a person is under the age of 18, require that that person be accompanied by a parent or legal guardian while taking the prize. 22 The Promoter may in its absolute discretion prohibit an entrant’s participation in this competition, cancel a prize or otherwise cease to provide any benefit of a prize to a winner and their companion/s if the entrant or the winner (or their companion/s), in the opinion of the Promoter, is under the influence of alcohol or any other drug, behaves aggressively or offensively, or behaves in a manner which may diminish the good name or reputation of the Promoter or any of its related bodies corporate (or of the business of the Promoter or any of its related bodies corporate), is contrary to law or is otherwise inappropriate. 23 The Promoter encourages consumers to enjoy alcohol responsibly. Legal aged consumers are advised to consider the safe drinking levels recommended in the National Health and Medical Research Council Australian Alcohol Guidelines. A full version of the Guidelines is available at http://www.alcoholguidelines.gov.au/. 24 Entrants must, at the Promoter’s request, participate in all promotional activity (such as publicity and photography) surrounding this competition or the winning of any prize, free of charge, and they consent to the Promoter and its related bodies corporate using their name and image in promotional material. Without limitation, entrants consent to being broadcast, filmed, photographed or otherwise recorded without compensation while participating in this competition, or any Challenge involved in this competition, or in taking or using any prize, and they consent to the Promoter repeating any such broadcast, film or other recording at any time. 25 If an entrant is unable to or refuses or fails to take part in any element of this competition (including, without limitation, a Challenge forming part of this competition), or a winning entry is deemed not to comply with these terms, the Promoter reserves the right to discard that entrant’s entry and proceed as if that entrant had not entered the competition. 26 The winner/s will be notified as stated in the Notification of Winners section of the Schedule. 27 If any prize is not claimed by the Prize Claim Date and Time, the relevant winner’s entry will be deemed invalid and the Promoter reserves the right to award the relevant prize/s to the next best valid entry or entries (as applicable) which meet the Judging Criteria, as determined by the judges, that has not already received a prize. If a prize is no longer capable of being redeemed, the new winner/s will receive a prize, as determined by the Promoter, of equivalent value (as if the original prize had been awarded to that person, less any administrative expenses incurred by the Promoter). 28 Entrants acknowledge that there may be inherent risks in some aspects of the competition, including without limitation any Challenge involved in this competition, or the prize and that participation in the competition and/or using the prize may involve participating in dangerous activities. By entering this competition and/or accepting the prize, entrants accept that risk. 29 In order to participate in this competition and/or the activities which may be awarded as part of the prize, the winner (and their companion/s, as applicable) must comply with applicable height, weight, health, fitness, skill, balance, dexterity and any other requirements normally associated with the particular activity. It is the entrant’s responsibility to ensure that they (and their companion/s, as applicable) are sufficiently healthy and fit so as to safely participate in this competition and/or undertake the activities awarded as part of the prize. The Promoter reserves the right to deem that an entrant/winner (or their companion/s, as applicable) is not sufficiently healthy or fit. The entrant/winner must comply with all requirements and directions of the people responsible for the conduct of the relevant activity and must ensure that their companion/s also comply, if applicable. 30 If requested by the Promoter, any entrant or winner (and their companion/s, if applicable) (or if an entrant, winner or companion is not an adult, their parent or guardian) must sign an indemnity and exclusion of liability form (provided by the Promoter) in favour of all parties involved in this competition and/or providing the prize prior to undertaking any specified activities forming part of the competition or prize. If any entrant, winner, nominated companion or parent/guardian (if applicable) do not sign the indemnity form provided by the Promoter within the time requested by the Promoter, the relevant entrant’s or winner’s entry or claim will be deemed invalid. Where a winner’s entry or claim is deemed invalid, the Promoter reserves the right to determine a new winner in accordance with paragraph 12 or 13 (as applicable). 31 Prizes and participation in this competition are subject to any conditions imposed by the supplier or organiser of the prize, as applicable. 32 The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this competition or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law). 33 Without limiting the previous paragraph, the Promoter and its associated agencies and companies will not be liable for any damage to or delay in transit of prizes. Prizes will be provided by the Promoter to the winner/s as stated in the Prize Delivery section of the Schedule. 34 The Promoter may require the winner/s to provide identification as requested by the Promoter including (without limitation) proof of identity, proof of age and proof of residency. Identification considered suitable for verification is at the Promoter’s discretion. 35 If due to any reason whatsoever the Promoter becomes aware after an entrant has won a prize that the entrant has not complied with these terms, that entrant will have no entitlement to the prize, even if the Promoter has announced them as a winner and that entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the prize. 36 The Promoter may, in its sole discretion, disqualify any or all entries from, and prohibit further participation in this competition by, any person who tampers with or benefits from any tampering with the entry process or with the operation of the competition or acts in violation of these terms, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person. 37 No prize is transferable or exchangeable, nor can it be redeemed for cash. In the event for any reason a winner does not take an element of any prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be supplied for that element of the prize. The Promoter accepts no responsibility for any variation in prize value. Where a prize is unavailable for any reason, the Promoter may substitute for that prize another item of equal or higher value as determined by the Promoter. Without limiting the foregoing, the Promoter may, in its absolute discretion, substitute cash for any prize (the amount of cash being equal to the prize value specified in the Prize Details). 38 Without limiting paragraph 32, The Promoter and its associated agencies and companies make no warranties or representations about the fitness for purpose or suitability of any prize and will not accept responsibility for the quality or fitness for any purpose of any prize, or the failure of any prize to be of merchantable quality. If liability under terms implied by legislation cannot be excluded, the liability of the Promoter and its associated agencies and companies is limited to re-supplying the relevant goods or services or paying the cost of replacing them. 39 If for any reason any aspect of this competition is not capable of running as planned, including by reason of infection by computer virus, telephone network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the competition, or invalidate any affected entries. 40 Without limiting any other paragraph, the Promoter may at its discretion amend any aspect of this competition or of these terms, subject to applicable laws in each Relevant State. 41 The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. Where the operation of this competition results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values. 42 Each entrant must ensure that any other person whose details have been provided by the entrant to the Promoter for the purposes of the entrant’s participation in this competition has given their implied or express consent for their details to be provided to the Promoter and any of its related bodies corporate and to be contacted by the Promoter or any of its related bodies corporate in relation to this competition. 43 The information entrants provide will be used by the Promoter for the purpose of conducting this competition. By entering this competition, entrants consent to the storage of their personal information on the databases of the Promoter and its related bodies corporate and the Promoter and its related bodies corporate may use this information for future promotional and marketing purposes regarding their products and services including contacting entrants via electronic messaging. The Promoter may disclose entrants’ personal information to its contractors and agents to assist in conducting this competition or communicating with entrants. The Promoter is bound by the National Privacy Principles in the Privacy Act 1988. Listeners can view the dmg Radio (Australia) Privacy Policy at www.dmgradio.com.au/privacy. Entrants can request access to the personal information the Promoter and its related bodies corporate hold about them by contacting the Promoter at the address stated in the Schedule. 44 Unless the contrary intention appears, a reference in these terms or the Schedule or in any advertisement relating to this Competition to Australian dollars, dollars, AUD$ or $ is a reference to the lawful currency of Australia. 45 Where the competition is administered on Facebook entrants and participants in the competition acknowledge that the competition is in no way sponsored, endorsed or administered by or associated with Facebook and entrants and participants of the competition release Facebook and its associated companies from all liability arising from the competition. Footy Tipping Competition Terms & Conditions of Entry 1 Information on how to enter, scoring and prizes forms part of these Terms & Conditions of Entry. These Terms and Conditions of Entry serve as separate Terms and Conditions of Entry for the Promotions being conducted for each of the Codes referred to herein where such a Promotion is being conducted by the Promoter on the Web Site. Entries and Participants not complying with these Terms & Conditions of Entry are ineligible and the Promoter reserves its absolute right to disqualify any Participant from the Promotion if any entries do not comply with these Terms & Conditions of Entry. Entry into any Promotion is deemed to constitute acceptance of these Terms & Conditions of Entry. 2 In these Terms & Conditions of Entry, unless the contrary intention appears, the following words and phrases have the meanings set out opposite them: "Total Margin" means the sum of the Weekly Margins for all Rounds to date in a given Season for a particular Participant. Participants with a lower Total Margin will be ranked higher than those with a higher Total Margin, subject to conditions 13 and 14; “Away Team” means the team that is listed by the sporting code as playing away from their home ground. If the Code does not nominate an Away Team, the Away Team will be nominated at the discretion of the Promoter and will be posted on the website. An away team may not be nominated for finals Rounds if available. "Code" means an official series of Matches for a particular sporting. "Round Margin" means the number of points between the margin entered by the Participant for the team they tip to win in a Margin Game and the actual margin for that team in the Margin Game. The Weekly Margin will be calculated depending on whether the Participant has tipped the winning team for the Margin Game. If the Participant has tipped the winning team for the Margin Game, the Weekly Margin will equal the difference between the actual margin and the margin entered by the Participant. If the Participant tipped the losing team, the Weekly Margin will equal the actual margin plus the margin entered by the Participant. Participants with a lower Weekly Margin will be ranked higher than those with a higher Weekly Margin, subject to conditions 13 and 14; "Margin Game" means the Match selected by the Promoter in a given Round for which Participants are required to select the winning margin; "Match" means a single game conducted by the relevant Code, between member teams of that Code, in a Season; "Participant" means a person who is eligible to participate in the Promotion and registers for or participates in the Promoter; "Promotion" means this tipping competition conducted amongst Participants who register to participate in that particular promotion, for any Season of Matches of any Code run on the Web Site, whereby winning entries are based on the Results of Matches at the conclusion of the relevant Code's Season; "Results" are the results of Matches as officially determined by the relevant Code in accordance with the rules of that Code following the completion of a Round; "Round" means a round of the relevant Code conducted during that Code's Season; “Season” means the series of games (or series of Matches as indicated otherwise on the Web Site) for a relevant Code as listed in the “Tipping” area of the Web Site. At the discretion of the promoter, a Season may or may not contain the finals series for the Code available for tipping and any finals tipping Rounds will be posted on the Website; "Score" means the allocation of points to a Participant for the correct selection of a Match; "Web Site" means the Web Site of the Promoter accessible on the Internet through the World Wide Web. 3 The Promotion is open to residents of Australia (and other countries where the law allows residents to enter promotions of this nature). Employees of the Promoter and its agencies associated with this Promotion and their immediate families are ineligible to enter. Entry into the Promotion is free. Each person may only register once. A Participant may only register their own personal details for individual participation in the Promotion. Each registered Participant may only place one set of tips per Round in each Code/Season. If there is a dispute as to the identity of an applicant or Participant, the Promoter reserves the right, in its sole discretion, to determine their identity. 4 Entry into the Promotion is considered to occur when a Participant submits one or more tip(s) for any of the Matches available for any Round. 5 The Promoter, however, reserves the right not to accept registration for any Participant if the registration contains anything slanderous or defamatory or is otherwise unsightly in any way, as determined by the Promoter in its absolute discretion. Likewise, the Participant’s participation in the Promotion can be withdrawn due to unsightly conduct during the course of the Promotion, or after the Promotion has ended but before the prizes have been awarded, at the Promoter’s absolute discretion. 6 To enter the Promotion for a particular Code, a Participant must first register as follows: register their details via the on-line registration form located on the Web Site; or login to the Web Site with their username and password for an existing registration; or 7 For each Round, each Participant must then make a selection of the teams the Participant tips to win and the margins by which they expect the winning team’s score to exceed the losing team’s score for each specified Margin Game, and: submit that entry via the Web Site in the manner and within the time frames set out on the Web Site; or A draw can only be entered as a Match selection if made available for that Code or Round. A margin is required for the Margin Game in each Round as specified on the Web Site. 8 A Participant may make or change a tip for a given Match in a Round at any time prior to the scheduled starting time of that Match. 9 Participants will be allocated one (1) point towards their Score for each correct selection of a Match. In the event of a Match in a given Round being drawn, cancelled, abandoned, not completed or not played for any reason and/or a Result is not officially declared within three (3) days of the date the Match was originally scheduled to be played, it is treated as a win for both teams competing in that Match for the purposes of calculating each Participant’s Score. 10 A Participant may make or change a tip for a given Match in a Round at any time prior to the scheduled starting time of that Match. 11 If a Participant: does not submit a tip for a given Match in a Round, then the Participant's tip for that Match will be deemed to be for the Away Team. If no Away Team is allocated for that Code or if the Round is considered a finals Round, then no tip is allocated; does not submit any tips into the Promotion for a given Round, the Participant's tips for that Round will be deemed to be for the Away Team in each case, and the Participant will be limited to a maximum number of tips for that Round as defined on the website. If no Away Team is allocated for that Code or if the Round is considered a finals Round, then zero tips are allocated; enters the Promotion after the commencement of the first Round, then the Participant’s tips for those Rounds that have been completed will be deemed to be for the Away Teams, and the Participant will be limited to a maximum of number of tips for each such Round as defined on the website. If no Away Team is allocated for that Code or if the Round is considered a finals Round, then zero tips are allocated. 12 In order to determine the results in each Round, Participants will be ranked: a) firstly by their Score, where the highest Score has the highest rank; b) then, in the case of a tie, by each Participant’s Weekly Margin for the same Round, where the lowest Weekly Margin has the highest rank; c) then, in the case of a further tie, by each Participant’s Total Margin for the Season to date, where the lowest Total Margin has the highest rank; and d) then, in the case of a further tie, the Participant who initially registered to participate (either in a current Season or in a previous Season) has the higher rank. Weekly rankings for a given Round will be determined no later than 72 hours after the last Match of the particular Round has ended. In the case of Codes where a prize(s) is/are awarded to weekly place winners, the prizes will be awarded to the Participants with the highest rankings, in descending order, based on this clause 12. Prizes (if any) and their values for weekly place winners in each Round are as set out on the Web Site for the relevant Code. 13 The ranking of end of Season place winners for each Code will be determined: firstly, by the Participant’s total Score for all Rounds, where the highest Score has the highest rank; then, in the case of a tie, by each Participant’s Total Margin for the Season, where the lowest Total Margin has the highest rank; then, where Participants have identical Scores and identical Total Margins, the Participant with the lowest weekly Weekly Margin for the last Round within the Season will be ranked highest; and in the event of a further tie, the process in paragraph (c) will apply to the Weekly Margin in each preceding Round, in reverse chronological order, until the tie is broken. End of Season rankings will be determined no later than 72 hours after the final Round of the Season has been completed. In the case of Codes where a prize(s) is/are awarded to Season place winners, the prizes will be awarded to the Participants with the highest rankings, in descending order, based on this clause 13. Prizes (if any) and their values for end of Season place winners are as set out on the Web Site for the relevant Code. 14 In the event that a prize winning Participant is unable to accept their prize for whatever reason, or the prize is unable to be allocated, within three (3) months of the results being determined, the Promoter will award that prize to the Participant who met the eligibility criteria and would have been deemed the prize winner had the original prize winning Participant not participated in the Promotion. 15 All prize winners will be notified by email and will be published on the Promoter’s Web Site upon determination. 16 Any cost associated with accessing the Web Site is the Participant’s responsibility and is dependent on the Internet service provider used. A Participant electing to access the Web Site via wireless platforms for the purpose of registering for a Promotion and/or entering tips may be subject to content service fees imposed by its telecommunications provider. No revenue sharing or commission arrangement exists between the Promoter and the telecommunications provider in relation to any such transactions. 17 The Promoter reserves the right, at any time, to verify the validity of registrations and tips and the eligibility of applicants and Participants (including an applicant’s or Participant’s identity, age and place of residence) and to disqualify any Participant who submits a registration or tip that is not in accordance with these Terms and Conditions of Entry or who tampers with the registration or tipping processes. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. 18 Except for any liability that cannot be excluded by law, the Promoter and its agencies associated with this Promotion (including their respective officers, employees and agents) are not liable and do not accept responsibility for: a Participant's tips that are not received or which are received and subsequently corrupted or rejected by the Web Site, whether or not after receipt by the Promoter; any lost, misdirected or corrupt emails to or from the Web Site; any loss or damage whatsoever (including but not limited to direct, indirect or consequential loss) or personal injury suffered or sustained: (i) in connection with a Participant’s participation in the Promotion or the taking of a place or prize; or (ii) otherwise relating to the conduct of the Promotion however caused, including but not limited to failure of the Web Site service or incorrect or corrupt data supplied by the Promoter to a Participant. any theft, unauthorised access or third party interference; any variation in the value of any prize; or any tax liability incurred by a Participant or prize winner. 19 As a condition of accepting any prize, the winner must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. 20 Information about Participants is used by the Promoter to assess and process registration in the Promotion. If an applicant does not provide the required information, the Promoter cannot process the registration. All entries become the property of the Promoter and will be entered into a database. Information emanating from the Participant's participation in the Promotion is used by the Promoter and its agencies associated with this Promotion, including but not limited to ExtraCorp Pty Ltd ABN 40 091 402 327 (“ExtraCorp”), for the determination of winners and distribution of prizes, if any, awarded to a Participant. Participants consent to publishing their name and Score in the results section of the Web Site and as otherwise set out in these Terms and Condition of Entry. The Promoter will not be held responsible for any loss of reputation, status or otherwise in connection with a Participant's tipping selections and consequential results. It is a condition of entry that Participants consent to these uses and disclosures of their information. Information about Participants may also be used by the Promoter, its agents, contractors and related companies, for the purposes of carrying out marketing, planning, product development and direct mail, telemarketing and promotional campaigns unless a Participant otherwise withdraws their consent to the use of their information in this manner. 21 Notwithstanding the Promoter's rights under condition 5 to not accept or to subsequently disqualify a Participant, the Promoter will not be liable for any legal action arising out of any Participant’s name or postings on the Web Site being slanderous, defamatory or unsightly to the public at large, except for any liability that cannot be excluded by law. By participating in the Promotion, each Participant agrees to indemnify the Promoter, its agents, contractors and related companies from any legal action, claim or dispute arising in relation thereto. 22 In the event there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and no correspondence will be entered into. 23 The Promoter shall not be liable for any manufacturer defects in prizes or for any loss, damage or personal injury whatsoever which is suffered or sustained (including but not limited to indirect or consequential loss) as a result of taking a prize, except for any liability which cannot be excluded by law. 24 The Promoter is FIVEaa (ABN 75 093 553 989) of level 4, 75 Hindmarsh Sq, Adelaide, SA, 5000 (“Promoter”). 25 Permit Numbers: N/A * I agree with the above Terms and Conditions