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2017 Mitre 10 Tipping League Promotion - Terms & Conditions of Entry

1 Information on how to enter, scoring and prizes forms part of these Terms & Conditions of Entry. 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 the Promotion is deemed to constitute acceptance of these Terms & Conditions of Entry.
2 AFL Code: Tips open for the AFL Tipping Competition on 23 March 2017 and end at the scheduled start time for the last AFL Match in Round 23 of the 2017 AFL Season, which is on 26 August 2017. NRL Code: Tips open for the NRL Tipping Competition on 2 March 2017 and end at the scheduled start time for the last NRL Match in Round 26 of the 2017 NRL Season, which is estimated to be 4 September 2017.
3 In these Terms & Conditions of Entry, unless the contrary intention appears, the following words and phrases have the meanings set out opposite them:
“Away Team” means the team that is listed by the 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.
"Codes" mean the following two (2) football codes: Australian Football League (AFL) and National Rugby League (NRL).
"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 participates in the Promotion;
"Promotion" means this footy tipping competition conducted in accordance with the Terms and Conditions herein, whereby Participants register to participate on the Web Site and winning entries are based on the Results of Matches at the conclusion of the relevant Code's Season, and on results of correct answers and draws in the case of selected prizes only. There are two (2) elements to the Promotion: (1) AFL Tipping Competition; and (2) NRL Tipping Competition. Participants once registered for the Promotion may tip in one or both Competitions;
"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;
"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 Round Margin will equal the actual margin plus the margin entered by the Participant;
"Score" means the allocation of points to a Participant for the correct selection of a Match;
“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 for the 2017 Season of the relevant Code (excluding finals);
"Total Margin" means the sum of the Round Margins for all Rounds to date in a given Season for a particular Participant;
"Web Site" means the Web Site for the Promotion (http://mitre10.footytips.com.au) accessible on the Internet through the World Wide Web.
4 The Promotion is only open to residents of Australia. Participants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the Participant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this Promotion. 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 Tipping Competition. 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. If a winner of any prize is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian on the winner’s behalf.
5 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.
6 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 or inappropriate in any way, as determined by the Promoter in its absolute discretion acting reasonably. Likewise, the Participant’s participation in the Promotion can be withdrawn due to unsightly or inappropriate 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 acting reasonably.
7 To be eligible to enter the Promotion, a Participant must first register for the Promotion via the on-line registration form located on the Web Site. Registration must occur before a Participant may submit tips. Once registered, Participants may choose to submit tips for the AFL Tipping Competition or the NRL Tipping Competition or both.
8 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 by the date/time set out on the Web Site. A ‘draw’ result 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. 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 the winner 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 If a Participant:
a) 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, then no tip is allocated;
b) 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 Web Site. If no Away Team is allocated for that Code, then zero tips are allocated;
c) registers for 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 number of tips for each such Round as defined on the Web Site. If no Away Team is allocated for that Code, then zero tips are allocated.
Minor Prize Winners
11 There will be a multiple-choice question featured on the Web Site for each Round of each Code. Participants will be able to answer the relevant question for a Round until tips close for that Round, as stated on the Web Site. Whether or not an answer is provided or whether that answer is correct will have no impact on the Participant’s tips. However, if a Participant provides the correct answer to the relevant multiple-choice question by the specified date, the Participant will receive an entry into a draw that will be conducted for that particular Round. No entry will be awarded to a Participant into a particular draw for a Round if he/she fails to answer the multiple-choice question for that Round or provides an incorrect answer. There is a limit of one (1) entry per person per draw.
12 There will be a draw conducted for each Round of each Code, for a total of forty nine (49) draws (consisting of twenty three (23) draws for the AFL Code and twenty six (26) draws for the NRL Code). All draws will take place at Mitre 10 Australia Pty. Ltd. at 12 Dansu Court Hallam Victoria 3803 at 10am (local VIC time) on the first business day after entries close for that draw. For the AFL Code the first draws will take place on Monday, 27 March, 2017 and the last draws will take place on Monday 28th August, 2017. For the NRL Code the first draws will take place on Monday, 6th March, 2017 and the last draws will take place on Tuesday, 5th September, 2017. For the removal of doubt, if the first day of the week after entries close for a particular draw is a public holiday at the draw address, then that draw will take place on the next business day. Entries in each draw will NOT be entered into any other draw(s) for any other Round(s). All draw winners will be notified by email within two (2) business days of the draw and their names names will be published at www.mitre10.footytips.com.au on 19 September 2017.
13 The first valid and correct entry randomly drawn in each draw (for each Round) will win a $100 Mitre 10 gift card. Any ancillary costs associated with redeeming a Mitre 10 gift card are not included. Any unused balance of a Mitre 10 gift card will not be awarded as cash. Redemption of a Mitre 10 gift card is subject to any terms and conditions of the issuer including those specified on the Mitre 10 gift card.
14 A draw(s) for any unclaimed minor prize(s) may take place on Tuesday 5th December 2017 at the same time and place as the original draws, subject to any directions from a regulatory authority. Winners will be notified by email within two (2) business days of the draw and published at www.mitre10.footytips.com.au on Tuesday 19th September 2017.
Major Prize Winners:
15 Participants ranked 1st to 3rd on the ladder of ranked Participants for each of the AFL Tipping Competition and NRL Tipping Competition (determined in accordance with clause 16 below) will win the relevant prize outlined below for their ranking:
• 1st Placed: The 1st place Participant will receive $10,000, which will be issued to the winner as a cheque in the winner’s name and marked “not negotiable”. The 1st place Participant will also receive a Mitre10 voucher worth $10,000 valid for 12 months from the date of issue. Total value of 1st place prize is $20,000.
• 2nd Placed: The 2nd place Participant will receive $2,500, which will be issued to the winner as a cheque in the winner’s name and marked “not negotiable”. The 2nd place Participant will also receive a Mitre10 voucher worth $2,500 valid for 12 months from the date of issue. Total value of 2nd place prize is $5,000.
• 3rd Placed: The 3rd place Participant will receive $500 which will be issued to the winner as a cheque in the winner’s name and marked “not negotiable”. The 3rd place Participant will also receive a Mitre10 voucher worth $500 valid for 12 months from the date of issue. Total value of 3rd place prize is $1,000.
16 The ranking of end of Season place winners for each Code will be determined:
a) firstly, by the Participant’s total Score for all Rounds, where the highest Score has the highest rank;
b) 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;
c) then, where Participants have identical Scores and identical Total Margins, the Participant with the lowest Round Margin for the last Round within the Season will be ranked highest; and
d) in the event of a further tie, the process in paragraph (c) will apply to the Round 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 at Mitre 10 Australia Pty. Ltd. at 12 Dansu Court Hallam Victoria 3803.
17 In the case of a further tie after any tie break mechanic indicated in these Terms and Conditions have been implemented, the Promoter will conduct another skill based tie mechanic (as determined by the Promoter in its complete discretion) in order to determine ranking of those Participants who are still tied.
18 All major prize winners will be notified by email within two (2) business days of winner determination. Winners names will be published at www.mitre10.footytips.com.au on 19 September 2017.
19 In the event that a prize winning Participant is unable to accept their major 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. Any such winner will be notified via email within two (2) business days of winner determination and published on 19 December 2017.
20 Any ancillary costs associated with redeeming a Mitre 10 voucher are not included. Any unused balance of a Mitre 10 voucher will not be awarded as cash. Redemption of a Mitre 10 voucher is subject to any terms and conditions of the issuer including those specified on the Mitre 10 voucher.
Selected Mitre 10 Store Prize Winners:
21 At the time of registration, Participants will be required to select their local Mitre 10 store.
22 AFL Tipping Competition Participants whose local store is Clennett’s Mitre 10 Kingston, Clennett’s Mitre 10 Huonville or Clennett’s Mitre 10 Mornington and who participate in the AFL Tipping Competition will have a chance to win a store prize. Specifically, the Participant ranked 1st on the ladder of ranked Participants for each Round of the AFL Tipping Competition (determined in accordance with clause 24 below) in each selected store listed in this clause will win the store prize of a $50 Mitre 10 gift card. A total of sixty nine (69) $50 Mitre 10 gift card prizes will be awarded in accordance with this clause.
23 AFL Tipping Competition Participants and NRL Tipping Competition Participants whose local store is Sapphire Coast Pambula Mitre 10, Sapphire Coast Bega Mitre 10 or Sapphire Coast Eden Mitre 10 and who participate in the AFL Tipping Competition or the NRL Tipping Competition will also have a chance to win a store prize. Specifically, the Participant ranked 1st on the ladder of ranked Participants for each Round of the AFL Tipping Competition and the NRL Tipping Competition (determined in accordance with clause 24 below) in each selected store listed in this clause will win the store prize of a $25 Mitre 10 gift card. A total of one hundred and forty seven (147) $25 Mitre 10 gift card prizes will be awarded (i.e. 69 in the AFL Tipping Competition and 78 in the NRL Tipping Competition) in accordance with this clause.
24 The ranking of each selected store winners for each Round will be determined as follows (with the following applying to the Participants registered in each selected store only):
a) firstly, by the Participant’s total Score for the relevant Round, where the highest Score in each store has the highest rank;
b) then, in the case of a tie, by each Participant’s Round Margin, where the lowest Round Margin in the selected store has the highest rank;
c) then, in the case of a further tie, by each Participant’s, in the selected store, 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 after any tie break mechanic indicated above have been implemented, the Promoter will conduct another skill based tie mechanic (as determined by the Promoter in its complete discretion) in order to determine ranking of those Participants who are still tied in each relevant selected store.
Rankings for a given Round will be determined no later than 72 hours after the last Match of the particular Round has ended at Mitre 10 Australia Pty. Ltd. at 12 Dansu Court Hallam Victoria 3803.
25 All store prize winners will be notified by email within two (2( business days of winner determination. Winners names will be published at www.mitre10.footytips.com.au on 19 September 2017.
26 Any ancillary costs associated with redeeming a Mitre 10 gift card are not included. Any unused balance of a Mitre 10 gift card will not be awarded as cash. Redemption of a Mitre 10 gift card is subject to any terms and conditions of the issuer including those specified on the Mitre 10 gift card.
27 A total of two hundred and sixteen (216) store prizes will be awarded, and the total prize pool of this element of the Competition is $7,215.
28 In the event that a prize winning Participant is unable to accept their store 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. Any such winner will be notified via email within two (2) business days of winner determination and published on 19 December 2017.
General
29 All prizes must be collected from the Mitre 10 store nominated by the Participant as their ‘local store’ at the time of registration into this Promotion. Cash prizes will be awarded in the form of a cheque made payable in the winner’s name.
30 Total prize pool value of the major prizes is $52,000. Total prize pool for the selected store prizes is $7,215. Total prize pool value of the drawn prizes is $4,900. Total overall prize pool value for the Promotion is $64,115.
31 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.
32 Incomplete or indecipherable registrations/tips/entries will be deemed invalid.
33 The Promoter reserves the right, at any time, to verify the validity of registrations, entries 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 the Promoter has reason to believe has breached any of these Terms and Conditions, submits a registration, entry or tip that is not in accordance with these Terms and Conditions of Entry, who tampers with the registration, entry or tipping processes or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Promotion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
34 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 or entries 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;
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, 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.
d) any theft, unauthorised access or third party interference;
e) any variation in the value of any prize;
f) any tax liability incurred by a Participant or prize winner; or
g) use and/or taking of a prize.
35 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. In the event a winner is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf.
36 Information about Participants is used by the Promoter to assess and process registration in the Promotion and conduct the Promotion and the Promoter may, for this purpose, disclose such personal information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. If an applicant does not provide the required information, the Promoter cannot process the registration. The Promoter will also use and handle personal information as set out in its Privacy Policy, which can be viewed at http://www.mitre10.com.au/Legal/Privacy-Policy/. The Privacy Policy also contains information about how Participants may opt out, access, update or correct their PI, how Participants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. The Promoter will not disclose Participants’ personal information to any entity outside of Australia. All entries become the property of the Promoter and will be entered into a database. Participants consent to the Promoter 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 and for publicity, research and profiling purposes unless a Participant otherwise withdraws their consent to the use of their information in this manner. The Promoter may also disclose personal information collected from Participants to the Mitre 10 store nominated by the Participant at the time of registration. Any such Mitre 10 store may use the personal information for the purposes of carrying out marketing, planning, product development and direct mail, telemarketing and promotional campaigns and for publicity, research and profiling purposes unless a Participant otherwise withdraws their consent to the use of their information in this manner.
37 Notwithstanding the Promoter's rights under these Terms and Conditions 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.
38 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.
39 If for any reason a winner does not take a prize (or an element of the prize) at or by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
40 If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
41 Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
42 Participants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
43 If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any Participant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Promotion, as appropriate.
44 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.
45 The Promoter is Mitre 10 Australia Pty Ltd (ABN 98 009 713 704) of 12 Dansu Court Hallam VIC 3803, telephone: 1300 880 440 (“Promoter”).

Permits: NSW LTPS/16/09903, ACT TP16/02446.