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FOOTYTIPS.COM.AU GENERAL TERMS & CONDITIONS

REGISTRATION

1. Registration to the Web Site and entry into any Promotion conducted on the Web Site is free.

DEFINITIONS

2. In these Terms & Conditions, the following capitalised words and phrases have the meanings set out opposite them:

"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 Web Site. An Away Team may not be nominated for finals matches if included.

"Code" means the series of Matches of the sporting code listed on the Web Site.

"Margin Game" means the Match selected by the Promoter in a given Round for which Participants are required to select the winning margin. In the event of tipping for any Code containing Cricket, the Margin Game will consist only of selecting the highest individual batting score;

"Match" means a single game conducted by the relevant Code, between member teams of that Code, in a Season that is made available on the Website. For some tipping in any Code containing Cricket, a Match for the purposes of this website may be tipping the outcome of events within a single game;

"Participant" means a person who is eligible to participate and registers for or participates in any of the Promotion(s) by logging into the Web Site with their username and password;

"Promotion" means any tipping competition for any Season of Matches or Rounds in a Season, of any Code made available on the Web Site whereby winning entries are based on the Results of Matches (for tipping promotions) at the conclusion of the relevant Round or Season, as the case may be;

"Results" are the results or outcomes 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 that is made available for tipping as outlined on the website. Where a Code does not have a determined Round structure, rounds will be determined at the discretion of the Promoter and outlined on the Web Site;

"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 Round 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 Round 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. In the event of tipping for any Code containing Cricket, the Round Margin will be the difference between the predicted highest individual batting score and the actual highest individual batting score;

"Season" means the series of home and away games (or series of Matches as indicated otherwise on the Web Site) for a Code as listed on the Web Site. At the discretion of the Promoter, Seasons may or may not contain the finals series for the Code available for any Promotion and will be posted on the Web Site;

"Score" means the allocation of points to a Participant for the correct selection of a Match as defined by the website;

"Total Margin" means the sum of the Round Margins for all Rounds to date in a given Season for a particular Participant. Participants with a lower Accumulative Margin will be ranked higher than those with a higher Accumulative Margin, subject to further conditions;

"Web Site" means the website of the Promoter at http://www.footytips.com.au, accessible on the Internet through the World Wide Web or through any mobile App of the Promoter.

ENTRY CONDITIONS

3. Information on how to enter and scoring as posted on the Web Site forms part of these Terms & Conditions. These Terms and Conditions serve as separate Terms and Conditions for the Promotions being conducted for any of the Codes referred to on the Web Site. Any persons not complying with these Terms & Conditions are ineligible and the Promoter reserves its absolute right to disqualify any person from the Promotions if any entries do not comply with these Terms & Conditions. Entry into any Promotion is deemed to constitute full and unconditional acceptance of these Terms & Conditions.

4. Promotions are open to residents of Australia and (and other countries where the law allows residents to enter Promotions of this nature). The Promoter reserves the right, in its sole discretion, to verify the identity of any Participant. If the individual is found to have registered as more than one Participant in any single Promotion, the Promoter reserves the right to disqualify the Participant, or restrict their access to the Promotions.

5. Entry into any Promotion conducted on the Web Site is available for the Codes as specified on the Web Site anytime during the relevant Season provided there is one game within the final Round that has not commenced.

6. The Promoter however reserves the right not to accept any registration (i) for any Participant if the registration contains anything defamatory or is otherwise offensive or inappropriate in any way, as determined by the Promoter in its absolute discretion, or (ii) any registration that the Promoter reasonably suspects have been created using a computerised scripting tool.

7. The Participant's registration, participation in any Promotion and use of the message board functions on the Web Site can be withdrawn at any time during or after any Promotion due to defamatory or otherwise offensive or inappropriate conduct, including any such conduct on messaging chat boards on the Web Site, or any other actions that violate these Terms & Conditions, as determined by the Promoter in its absolute discretion. Participants are strictly prohibited from marketing, promoting, offering or selling any goods or services using the message board functions on the Web Site and any such actions shall be deemed a breach of these Terms & Conditions and cause for removal.

8. Promoter reserves the right to remove any messages that is defamatory or otherwise offensive or inappropriate, as determined by Promoter in its sole discretion.

TIPPING PROMOTIONS

9. To enter any tipping Promotion for any particular Code, a Participant must:

a. Make a selection of the teams the Participant tips to win and the margin by which they expect the winning team's score to exceed the losing team's score for each specified Margin Game for a nominated Round. Some Codes may allow a draw to be selected, as outlined on the Web Site, in which case the margin tipped for that Match must be zero (0). A margin is required for the Margin Game in each Round as specified on the Web Site.

b. Participants will be allocated the Away Teams for the Code they have indicated as their favourite Code if they fail to do so and be entered into the Promotion.

10. Participants will be allocated one (1) point towards their Score for each correct selection of a Match (or for correctly tipping a draw, if this is permitted at the discretion of the promoter). In the event of a Match in a given Round being drawn (where tipping a draw is not permitted for that Code), 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 Participants' Score.

11. 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.

12. If a Participant does not submit tips for a given Match in a Round, a default Score will be allocated via one of the two following methods depending on the Code, as set out on the Web Site:

a. For Codes with the Away Team as a default Score, the Participant will have the Away Team nominated as their tip for a Match, and if the Away Team wins that Match the Participant will be awarded one (1) point. In the case where a Participant does not submit a tip for a Margin Game, their margin tipped for that Margin Game will be deemed to be zero (0). If there are no tips received for a Round at all, then all the Away Teams for that Round will be nominated as that Participant's tips but there will be a maximum number of points allocated to the Participant for a given Round, as outlined on the Web Site for that Code.

b. For Codes without the Away Team as a default Score, the Participant will not receive any points for any Matches or Rounds in which tips are not submitted.
Should a Participant enter the Promotion after the commencement of any Round or Season, then the Participant will be allocated a default Score in the same manner as if they were a Participant at the commencement of the Season and had failed to enter any tips.

13. 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 Round Margin for the same Round, where the lowest Round Margin has the highest rank;

c. then, in the case of a further tie, by each Participant's Accumulative Margin for the Season to date, where the lowest Accumulative Margin has the highest rank; and

d. the, in the case of a further tie, the Participant who first initially registered to participate (either in a current Season or in a previous Season) has the higher rank.

Round rankings will be determined no later than 72 hours after the last Match of the particular Round has ended.

14. The end of Season rankings for each Code will be determined:

a. firstly by the Participant's total Score for all Rounds;

b. then, in the case of a tie, by each Participant's Accumulative Margin for the Season;

c. then, where Participants have identical Scores and identical Accumulative Margins, the Participant with the lowest Round Margin for the last Round within the Season will be ranked highest; and

d. then, in the case of a further tie, the Participant who first initially registered to participate (either in a current Season or in a previous Season) has the higher rank.

End of Season rankings will be determined no later than 72 hours after the final Round of the Season has been completed.

GENERAL TERMS

15. 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 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.

16. No prizes are being offered as part of any of the Promotions. If any prize becomes available for any Promotion, information about such prize shall be expressly published on the Web Site, including their values, and shall be governed by separate terms and conditions made available on the Web Site.

17. The Promoter reserves the right, at any time, to verify the validity of registrations and site activity 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, tip or any other information on the site that is not in accordance with these Terms and Conditions or who tampers with the registration or any processes of the website (including but not limited to tampering by way of use of techniques designed to avoid the payment of SMS costs). Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

18. Except for any liability that cannot be excluded by law, the Promoter and its agencies associated with this Promotion (including their respective officers, employees and agents) are not liable and do not accept responsibility for:

a. a Participant's tips that are not received or which are received and subsequently corrupted or rejected by the Web Site server and/or Premium SMS Number service, whether or not after receipt by the Promoter;

b. any lost, misdirected or corrupt emails or SMS messages to or from the Web Site and/or Premium SMS Number service;

c. the Web Site not being available for use at any time;

d. any loss or damage whatsoever (including but not limited to direct, indirect or consequential loss) or personal injury suffered or sustained in connection with a Participant's participation in the Promotion or otherwise relating to the conduct of the Promotion, however caused, including failure of the Web Site and/or Premium SMS Number service or incorrect or corrupt data supplied by the Promoter to a Participant;

e. any theft, unauthorised access or third party interference; or

f. any tax liability incurred by a Participant.

19. 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 agents for the purpose of determining Promotion results. Participants hereby given their 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. 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 for purposes of the Promotions.

20. By entering any Promotion, Participants agree that any personal information supplied by them when entering the Promotions will be used by the Promoter in accordance with The Walt Disney Company Privacy Policy, available at https://disneyprivacycenter.com/privacy-policy-translations/english/. All Participants may have their details removed from the Promoter's database by contacting the Promoter.

21. Notwithstanding the Promoter's rights 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 defamatory or unsightly to the public at large, except for any liability that cannot be excluded by law. By participating in the Promotion, the 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 or administration of any Promotion, the decision of the Promoter is final and no correspondence will be entered into.

23. The use of any automated entry software or any other mechanical or electronic means that permits any person to enter any Promotion repeatedly is prohibited and all Participants or entries reasonably suspected of originating from a Participant engaging in such practices will be terminated at the Promoter’s sole discretion.

24. By entering any Promotion all entrants:

a. assign to the Promoter all rights including present and future copyright in their entry and the publicity materials in all media (including, without limitation, the internet) and whether in existence now or created in the future;

b. agree not to assert any moral rights in respect of their entry and the publicity materials (wherever and whenever such rights are recognised) against the Promoter, its assigns licensees and successors in title;

c. undertake to the Promoter that their entry is not in breach of any third party intellectual property rights.

25. A failure by the Promoter to enforce any one of these terms and conditions in any instance(s) will not give rise to any claim or right of action by any other person or Participant.

26. As a member of the Web Site, the Participant agrees to receive one email per week from footytips.com.au that contains an advertisement from a sponsor of footytips.com.au. The Participant can elect to be excluded from said emails however some Web Site features may be made unavailable.

27. The promoter reserves the right to update these Terms and Conditions from time to time. Changes will be posted on the Web Site.

28. The Promoter is ESPN Australia Pty Ltd. ABN 40 091 402 327 of of Level 5, 650 Chapel Street, South Yarra, Vic 3141 Australia ('Promoter').

29. Apple, the Apple logo, and iPhone are trademarks of Apple Inc., registered in the U.S. and other countries. Apple Watch is a trademark of Apple Inc. App Store is a service mark of Apple Inc.

30. Android, Google Play and the Google Play logo are trademarks of Google Inc.


ESPNfootytips AFL/NRL Finals Bracket Challenge
Terms and Conditions (Skill-Based Competition)

General

1. Information on how to enter and prizes form part of the Terms and Conditions. Entry into this competition deems acceptance of these Terms and Conditions.

2. To the extent of any inconsistency between these Terms and Conditions and any other reference to this competition, these Terms and Conditions prevail.

Who can enter

3. Subject to clause 4, entry is open to all residents of Australia over the age of 15, as of the date of entry, who have fulfilled the requirements set out below ('Eligible Entrants').

4. Employees, and their immediate families, of the Promoter, associated agencies and companies, Permitz Group Pty Ltd (www.permitzgroup.com.au), contractors or individuals are not eligible to enter this competition. Immediate family means any of the following: spouse, ex-spouse, defacto spouse, child or step child (whether natural or by adoption), parent, step parent, grandparent, step grandparent, uncle, aunt, niece, nephew, brother, sister, step brother, step sister or 1st cousin.

5. The Promoter is ESPN Australia Pty Ltd (ABN 40 091 402 327) of Level 3 68 York Street, Sydney NSW 2000 ('Promoter').

How to enter

6. Eligible Entrants may enter this competition during the Promotional Period (defined below) by completing in their entire AFL and/or NRL Finals bracket at http://www.footytips.com.au/ before the beginning of the first game of the AFL or NRL Finals (week 1 Qualifying/Elimination Finals).

7. Brackets must be filled-in in their entirety across all four weeks of the AFL and/or NRL Finals series

8. Entries must include all requested contact details to be eligible to win.

When to enter

9. The competition commences on 29/08/17 at 7:00 AM and closes 1/10/17 at 10:00 PM ('Promotional Period'). Footy Finals AFL competition opens 29/08/17 at 7:00 AM and closes 7/09/17 at 7:30 PM or at bounce down in the first AFL Qualifying or elimination final. No entries will be accepted after the beginning of the first game of the AFL Finals series. Footy Finals NRL competition opens 4/9/17 at 7:00am and closes 8/9/17 at 7:30pm or 1 minute before kick-off in the first NRL Qualifying or elimination final. No entries will be accepted after the beginning of the first game of the NRL Finals series. All times noted in these Terms and Conditions are local times, based on the location of the Promoter. Entries must be received by the Promoter prior to the competition close date and time.

10. The winner/s will be any entries that have completed the perfect bracket as judged by the judging panel.

11. A perfect bracket is deemed when an AFL or NRL Finals bracket is filled in prior to the first game of week 1 of the finals and predicts the below:
- Week one - correctly predict all 4 winners (no margin)
- Week two - correctly predict the 2 winners only (no margin)
- Week three -  correctly predict the 2 winners and correctly predict both exact margins E.g. Sydney Swans to win by 4 and Adelaide Crows to win by 9
- Grand Final - correctly predict the winner and correctly predict exact winning margin E.g. Adelaide Crows to win by 3

12. In the event of multiple perfect brackets, the prize pool will be divided equally amongst the winners.

13. There will be no prize money awarded in the event that there are no perfect brackets completed.

14. Prizes will be sent within 8 weeks of the judging date.

Number of Entries permitted

15. One entry per person accepted.

Prize on offer

16. Total prize pool value is up to $100,000 (Including GST), as at 10/08/17. The total prize pool per competition is $50K prize pool for AFL and $50K prize pool for NRL.

17. The winners of the competition will be determined with reference to whether they achieve a ‘perfect bracket’. A perfect bracket is achieved if the entrant correctly tips every game of the AFL or NRL Finals as well as correctly predicting the exact winning margin for both games in the preliminary finals (week 3) of the AFL or NRL and predicting the exact winning margin in the Grand Final (week 4) E.g. Sydney Swans to win by 9 points or Cronulla Sharks to win by 6 points.

18. An entrant is eliminated from the perfect bracket challenge when they incorrectly tip any game or if they tip the right team but do not correctly predict the exact winning margin in the Preliminary finals or the Grand Final. E.g. Swans to win by 9 and they win by 4.

19. In the event that there are multiple winners, then the prize pool is divided evenly by the number of winners E.g. if there are 2 perfect brackets in the AFL then the 2 winners will receive $25K each.

20. If the Promoter is unable to contact the winner to claim fulfilment of the promotional prize or if the winner is unable to attend any element of the prize, that winner will forfeit the prize in its entirety. The Promoter will not be liable for a winner who cannot be contacted and therefore forfeits their prize and no correspondence will be entered into.

Further Terms and Conditions

21. The Promoter reserves the right to amend these Terms and Conditions if this competition cannot be run as originally planned. The Promoter may also cancel or suspend this competition if an event beyond the control of the Promoter corrupts or affect the administration security, fairness, integrity or proper conduct of this competition. The Promoter will disqualify any individual who has tampered with the entry process or any other aspect of this competition.

22. The Promoter and their associated agencies and companies will not be liable or responsible for any problems or technical malfunction of any telephone network or lines, computer on line systems, servers, or providers, computer equipment, software, technical problems of the phone or of any phone network, or any misadventure, accident, injury, loss (including but not limited to consequential loss) or claim that may occur; whilst undertaking any travel won on or connected with their entry; in the participation in any prize; as a consequence of late, lost or misdirected mail, email SMS or phone call; due to the broadcast of any program relating to the competition or the publication of any material, including any statements made by any compere, staff member, journalist, other entrants or any other person; any injury or damage to entrant's or any other person's computer software or phone; or any combination thereof, related to or resulting from participation or sending or receiving of any communication or of any materials in this competition.

23. The Promoter highly recommends a current residential street address be provided when requested for ease of correspondence and potential prize delivery. The Promoter makes all reasonable efforts to deliver prizes to the addresses provided by competition entrants. The Promoter cannot guarantee that any prizes returned to the Promoter due to non-delivery at the provided address will be re-sent to the prize winner.

24. The Promoter reserves the right to request winners to sign a winner's deed of release or any other relevant forms or agreements that the Promoter deems necessary, to provide proof of identity, proof of age, proof of residency at the nominated prize delivery address and/or proof of entry validity (including phone bill) in order to claim a prize. Proof of identification, residency, age and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.

25. The Promoter reserves the right to rejudge in the event of an entrant, claiming to be a winner, being unable to satisfy these Terms and Conditions.

26. The judges' decision in relation to any aspect of the competition is final and binding on each person who enters. Chance plays no part in determining any winner. No correspondence will be entered into. No responsibility is accepted for late, lost or misdirected entries. Prizes are subject to availability, not transferable or exchangeable and, with the exception of cash prizes, cannot be taken as cash. Prizes will be sent to the winner's nominated address as stated in their original entry. The Promoter and their associated agencies, and companies associated with this promotion will take no responsibility for prizes damaged or lost in transit.

Privacy Collection Statement

27. The Promoter and its related entities collect entrants' personal information for the purpose of conducting and promoting this competition (including but not limited to determining and notifying winners). The Promoter may disclose personal information collected to an agent who is engaged for prize fulfilment. The Promoter may also disclose personal information collected to Australian regulatory authorities, such as the regulators of trade promotions. The Promoter will otherwise handle your personal information in accordance with its Privacy Policy available at https://disneyprivacycenter.com/ . You may request access or to update your personal information or lodge a complaint by writing to The Privacy Officer, ESPN Australia Pty Ltd, Level 3 68 York Street, Sydney NSW 2000.

Copyright, Statutory guarantees, Waiver and liability

28. All entries and any copyright subsisting in the entries become and remain the property of the Promoter who may publish or cause to be published any of the entries received. In participating in the prizes, the winners agree to participate and co-operate as required in all editorial activities relating to the Competition, including but not limited to being interviewed and photographed. The winners (and their companions) agree to granting the Promoter a perpetual and non-exclusive licence to use such footage and photographs in all media worldwide, including online social networking sites, and the winners (and their companions) will not be entitled to any fee for such use.

29. Prize winners are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of that prize.

30. Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), 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').

31. 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.

32. Authorised under: ACT Permit No. TP 17/01548.