Essendonfc.com.au 2009 Footy Tipping Competition Terms & Conditions of Entry

1 Information on how to enter 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 not complying with these Terms & Conditions of Entry are ineligible and the Promoter reserves its absolute right to disqualify any Participant or Group from the Promotion if any entries do not comply with these Terms & Conditions of Entry.
2 In these Terms & Conditions of Entry, unless the contrary intention appears, the following words and phrases have the meanings set out opposite them:
"Accumulative Margin" means the sum of the Margin Differences for all Rounds to date for a Participant. Participants with a lower Accumulative Margin will be ranked higher than those with higher margin Accumulative Margins subject to conditions 12 and 14;
"Code" means the series of Matches of -
a) Australian Rules Football conducted by the Australian Football League (AFL) between member teams of the AFL over the AFL Season;
"Finals Season" means those matches played at the conclusion of the relevant Code's home and away season to determine the premier team for that Code;
"Group" means a group of 2 or more Participants who have entered the Promotion under a collective registration and who may, by using the tipping results of those Participants, conduct a separate non-commercial competition, the winner or winners of which may be eligible for prizes offered by the Group's Manager or other provider and which do not form part of the prizes offered by the Promoter in this Promotion;
"Margin Difference" means the number of points between the margin entered by the Participant for the team they tip to win and the actual margin for the round. The Margin Difference will be calculated depending whether the Participant has tipped the winning team for the Margin Game. If the Participant has tipped the winning team for the Margin Game, the Margin Difference will equal the difference between the actual margin and the margin entered by the Participant. If the Participant tipped the losing team the Margin Difference will equal the actual margin plus the margin entered by the Participant. Participants with a lower Margin Difference will be ranked higher than those with a higher Margin Difference subject to conditions 12 and 14;
"Margin Game" means the difference between the score of the winning and losing team for a Match;
"Match" means a single game, of and conducted by the relevant Code, between member teams of that Code;
"Participant" means a person who is eligible to participate in the Promotion;
"Promotion" means the Essendon Football Club essendonfc.com.au Footy Tipping competition 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 2009 season of a relevant Code;
"Score" means the allocation of points to a Participant for the correct selection of winning teams;
"Web Site" means the Web Site of the Promoter at http://www.essendonfc.com.au accessible on the Internet through the World Wide Web.
3 The Promotion is open to anyone that accesses the Essendon Football Club website at essendonfc.com.au. 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.
4 Entry into the Promotion is available from 26/03/2009 at 5.00pm and closes on 28/08/2009 at 5.00pm for the AFL Code.
5 To enter the Promotion, a Participant must:
a) Access the promotion registration page by entering the appropriate promotional code at essendonfc.com.au,
b) register their details via the on-line registration form located on the Web Site; and
c) for each Round of the Code's Season, make a selection of that Code's teams the Participant tips to win and the margins by which they expect the winning teams' scores to exceed the losing teams and submit that entry via the Web Site in the manner and within the time frames set out on the Web Site. A draw cannot be selected as a Match selection.
6 A Participant may register either their own personal details for participation in the Promotion or enter a Group registration containing the Group name and personal details of each Participant within that Group. The Promoter however reserves the right not to accept for registration any Participant or Group if the registration contains anything slanderous or defamatory or is otherwise unsightly in any way.
7 If a Participant:
a) does not submit an entry for a given Match in a Round, then the Participant's tip for that Match will be deemed to be for that of the team determined by the relevant Code to be the "away team";
b) does not submit an entry into the Promotion for a given Round, the Participant's tips for that Round will be deemed to be those of the teams determined by the relevant Code to be the "away teams" to a maximum of five correct tips for that Round;
c) enters the Promotion after the commencement of the first Round of the relevant Code's Season, then the Participants tips for those Rounds that have been completed will be deemed to be those of the teams determined by the relevant Code to be the "away teams" to a maximum of five correct tips for each such Round.
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 In the event of a Match in a given Round being drawn, cancelled, abandoned, not completed or not played for any reason and/or the relevant Code does not officially declare a Result within three (3) days of the date the Match was originally schedule to be played, it is treated as a win for both teams competing in that Match.
10 Participants will be allocated one point towards their Score for each correct selection of a winning team. Participants will be ranked firstly by their Score, where the highest Score is the highest rank.
11 Weekly place winners will be determined by the Participant's Score for that Round and then by their Margin Difference for the same Round and then by their Accumulative Margin. Where Participants have identical Scores, the Participant with a lower Margin Difference will be ranked higher than those with a higher Margin Difference. Where the Participants have identical Scores and identical Margin Differences the Participant with a lower Accumulative Margin will be ranked higher than those with a higher Accumulative Margin. In the event that Participants are still tied for a weekly prize after applying the previous formulas, a draw will be held at Essendon Football Club on the Monday following the conclusion of that Round at 2pm to determine the winner. Prizes and their values (if any) for weekly place winners are as set out on the Web Site for the relevant Code.
12 The ranking of the three end of season winners will be determined firstly by their total Score for all Rounds of the relevant Code and then by their Accumulative Margin. Where Participants have identical Scores and identical Accumulative Margins the Participant with the lowest weekly Margin Difference for the final Round will be ranked highest. If two or more participants remain tied, a draw will be held at Essendon Football Club, Napier Street, Essendon on the 3/09/2009 at 2pm to determine the winner.
13 In the event that the winning Participant is unable to accept a prize for whatever reason, the Promoter will award that prize to the Participant or Participants who would have met the eligibility criteria and been deemed the place winner or winners had the place winning Participant not participated in the Promotion.
14 Winners will be notified by email and winners of prizes valued at over $250 will be published in The Australian on 10 September 2009.
15 The Promoter and its agencies associated with this Promotion are not liable and do not accept responsibility for:
a) a Participant's tips that are not received or which are received and subsequently corrupted or rejected by the Web Site server, whether submitted by the Participant or by an administrator if in respect of a Group participation. This explicitly includes any private or public tipping competition which use in any way or solely rely on the Web Site as a means for collection and disbursement of data to their participants;
b) any lost, misdirected or corrupt emails to or from the Web Site;
c) any loss or damage whatsoever (including but not limited to direct or consequential loss) or personal injury suffered or sustained:
(i) in connection with a Participants participation in the Promotion or the taking of a place, except that which cannot be excluded by law; and
(j) relating to the conduct of the Promotion however caused, including failure of the Web Site or incorrect or corrupt data supplied by the Promoter to Participant.
16 The following rules will apply to Codes participating in competitions for the Finals Season conducted by the relevant Code;
a) all Participants will commence with a Score of zero and Margin Difference of zero for the Finals Season; and
b) the same method of scoring and calculating a Participants Score as contained in these Terms and Conditions of Entry shall similarly apply to the Finals Season; and
c) participants will not be allocated default scores for any entries in the Finals Series.
17 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 for the determination of winners and distribution of prizes, if any, awarded to a Participant. Participants consent to publishing their name and accumulated winning team points in the results section of the Web Site. 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 and promotional campaigns unless a Participant otherwise withdraws their consent to the use of their information in this manner.
18 Notwithstanding the Promoter's rights under condition 6 to not accept or to subsequently disqualify a Participant or Group, the Promoter will not be liable for any legal action arising out of any Group name being slanderous, defamatory or unsightly to the public at large or any similarly sounding or related group and any Participant who uses a Group name which is subsequently found to be slanderous, defamatory or unsightly in any way will indemnify the Promoter, its agents, contractors and related companies from any legal action, claim or dispute arising in relation thereto.
19 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.
20 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.
21 Prize values: 1st Prize - Samsung 50" Plasma, Value $2,299 (PS50A550S1F)
Plus $2000 cash. Total 1st prize value: $4299.
2nd prize - 2 tickets to 2009 Crichton Medal plus one night accommodation at Crown Promenade (only valid on night of Crichton Medal, food and beverage not included). Total 2nd prize value: $615)
3rd prize -Essendon Guernsey signed by 2009 team, Value: $250
Weekly Prizes: Samsung MP3 Player 2GB - (Value: $149), duration of competition 22 home and away rounds (22 weeks). Total weekly prize pool value $3278. Total prize pool value: $8,442.
22 The Promoter is Essendon Football Club. VIC Permit No. 09/1118