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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 website. 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 11 and 13;
"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; or
b)
National Rugby League conducted by the National Rugby League (NRL) between
member teams of the NRL over the NRL Season; or
"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 11
and 13;
"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 this Paxus Picks 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 2024 season of a relevant Code;
"Score"
means the allocation of points to a Participant for the correct selection
of winning teams;
"Website"
means the website of the Promoter at http://footytips.paxus.com.au
accessible on the Internet through the World Wide Web.
3 The
Promotion is open to residents of Australia (ACT residents are not eligible
to enter. Other countries where the law allows residents to enter
promotions of this nature are permitted). 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 for the following Codes, if
applicable:
a)
from on 16/02/2024 and closes on 16/06/2024 for the NRL Code;
b)
from on 16/02/2024 and closes on 23/06/2024 for the AFL Code;
5 To
enter the Promotion for a particular Code, a Participant must:
a)
register their details via the on-line registration form located on the
website; and
b)
for each Round, make a selection of the 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 website in the manner and
within the time frames set out on the website. A draw cannot be selected as
a Match selection.
6 To
be eligible to claim the prize, the registered tipper must have done
business with Paxus either as a contractor, candidate and/or client; this
means that the tipper's contact details will already reside on the Paxus
customer database.
7 A
Participant may register their own personal details for participation in
the Promotion. The Promoter however reserves the right not to accept for
registration any Participant if the registration contains anything
slanderous or defamatory or is otherwise unsightly in any way.
8
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. 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 schedule to be played,
it is treated as a win for both teams competing in that Match.
9 A
Participant may make or change a tip for a given Match in a Round at 10
minutes prior to the scheduled starting time of that Match.
10 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 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 to be the "away teams" to a for that Round;
c)
enters the Promotion after the commencement of the first Round, then the
Participants tips for those Rounds that have been completed will be deemed
to be those of the teams determined to be the "away teams" to a
for each such Round.
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 whose tips were
completed on the earlier occasion will be ranked higher than those with a
night Accumulative Margin. Prizes and their values (if any) for weekly
place winners are as set out on the website for the relevant Code.
12
The ranking of end of season place winners for each Code will be determined
firstly by their total Score for all Rounds and then by their Accumulative
Margin. Where the Participants have identical Scores and identical Margin
Differences the Participant whose tips were completed on the earlier
occasion will be ranked higher than those with a night Accumulative Margin.
Therefore:
a)
the Participant with the highest rank will be considered the first place
winner; and
b)
the Participant with the second highest rank will be considered the second
place winner; and
13
End of season place winners will be determined on the dates and times
listed below for the relevant Code, if applicable:
a) 28/08/2024
for the AFL Code;
b) 04/09/2024
for the NRL Code;
In
the event of Any unclaimed prizes within three months, an additional draw
will take place at the original place of draw.
14
Subject to condition 14, in the event that:
a)
two Participants have an equal highest rank, then the first place prize
will be combined with the second place prize and the resulting amount will
be shared equally between those Participants.
b)
more than two Participants have an equal highest rank, then the first and
second will be combined and the resulting amount will be shared equally
between those Participants;
c)
the first place prize is won by one Participant only and two or more
Participants have an equal second highest rank, then the second place prize
will be shared equally between those Participants;
d) a
place 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.
15 If
a weekly or end of season place winning prize is a non-monetary prize (and
had it been a monetary prize it would have been shared by more than one
Participant as provided for in conditions 11c) or 13 then the details of
those Participants which would have shared the monetary prize will be
entered into a draw and the Participant first drawn will win that
non-monetary prize. Prizes and their values (if any) for end of season
place winners are as set out on the website for the relevant Code.
16
All winners will be notified by email and could be published on the Promoter’s
website upon determination, including social media pages.
17
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 website 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
uses in any way or solely rely on the website as a means for collection and
disbursement of data to their participants;
b)
any lost, misdirected or corrupt emails to or from the website;
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 website or incorrect or corrupt data supplied by the Promoter to
Participant.
18
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 website.
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.
19
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.
20 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.
21
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.
22
The Promoter is Paxus Australia Pty Ltd, Head Office, Level 9, 333 Collins Street,
Melbourne 3000. ABN: 35 004 609 616.
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