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Terms and Conditions

2010 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 11 and 13;  
“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.
"Code" means an official series of Matches for a particular sporting. 
"Weekly 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 11 and 13; 
"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;
“Premium SMS Number” means the Premium number that may be nominated by the Promoter for the relevant Code on the website where each SMS message sent by the Participant attracts a maximum call cost of .55 cents including GST. Premium SMS service access is required on the Participant’s mobile handset and carrier network/plan to use the Premium SMS Number; 
"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 home and away 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;
"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 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: 
a)	register their details via the on-line registration form located on the Web Site; or
b)	login to the Web Site with their username and password for an existing registration; or
c)	if a Premium SMS Number is made available by the Promoter, send the word “START” to the Premium SMS Number;
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: 
a)	submit that entry via the Web Site in the manner and within the time frames set out on the Web Site; or
b)	if a Premium SMS Number is made available by the Promoter, submit a text message to the Premium SMS Number by following the instructions as set out on the Web Site, where a three letter code as outlined on the Web Site represents the team they tip to win in each Match, plus a margin for the Margin Game, for the current Round (or future Round, if indicated). 
A draw cannot be selected as a Match selection. 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. However, any change to a previously submitted tip or tips which is submitted via a Premium SMS Number (if made available by the Promoter) will incur an additional SMS charge of .55 cents. If a Participant’s entry is incorrectly submitted or incomplete, they will receive an SMS from the Promoter requesting that they correctly submit their tips and on each such occasion that the Participant elects to resubmit their tips, the additional SMS charge of .55 cents will apply.
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: 
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 website. If no Away Team is allocated for that Code, then zero tips are allocated; 
c)	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, 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 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 13. 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:
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 weekly Weekly 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 Weekly Margin in each preceding Round, in reverse chronological order, until the tie is broken. 
End of Season rankings will be determined 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 14. 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	The Premium SMS Number service (if enabled) is only available to Participants connected to a compatible mobile phone network in Australia. Participants wishing to utilise the Promoter’s optional SMS information services must first register to use this service by either sending a command by text message to the Premium SMS Number or register for the service via the Web Site.
17	The Promoter may make available additional optional SMS information and service tools for promotional information, tipping reminders, fixtures and results. Participants wishing to utilise these optional SMS information and service tools can do so by sending a text message with the code relevant to that information or service as set out on the Web Site to the relevant Premium SMS Number, for the premium SMS cost identified for that information or service on the Web Site.
18	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.
19	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 (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.
20	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)	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 and/or Premium SMS Number 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; or
f)	any tax liability incurred by a Participant or prize winner.
21	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.
22	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. 
23	Notwithstanding the Promoter's rights under condition 7 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. 
24	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. 
25	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.
26	The Promoter is Pharmacy Information Exchange Pty Ltd (ABN 16 590 908 570) of 17-27 Cotham Road, Kew, Vic, 3101 (“Promoter”).
27	Permit Numbers: [INSERT NUMBER IF REQUIRED]

Promotion Name: 	PHARMeFOOTY
Promotion commences:	13th March 2010
Promotion ends:	7th September
Total prize value across all Codes:	$5000

Website URL: 	http://www.pharmefooty.com.au

Code:	AFL
Season:	2010 Home and Away Season
Commencement date:	26th March 2010
Closing date (beginning of final match of the Season):	30th August 2010
Weekly prizes and values (if any):	22 Round Winners at $50 each
End of Season prizes and values (if any);	1st  $1000;  2nd $200; 3rd $100
Announcement date in The Australian (for any prizes over AUD$100):	21st September 2010
Total prize value (AUD$):	$2500

Code:	NRL
Season:	2010 Home and Away Season
Commencement date:	13th March 2010
Closing date (beginning of final match of the Season):	6th September 2010
Weekly prizes and values (if any):	26 Round Winners at $50 each
End of Season prizes and values (if any);	1st  $1000;  2nd $200; 3rd $100
Announcement date in The Australian (for any prizes over AUD$100):	20th September 2010.

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