RED ENERGY HERALD SUN MILLION DOLLAR LADDER COMPETITION
TERMS AND CONDITIONS
(AS AT 06 APRIL 2013)
In these Terms and Conditions:
(1)“AFL” means the Australian Football League;
(2)“AFL 2013 Regular Season” means the AFL 2013 football season that comprises of 23 rounds, including Round 1, which commences on Friday, 22 March 2013 up to and including Round 23 which ends on Sunday, 1 September 2013.
(3)“AFL 2013 Final Ladder” means the final standings of the eighteen (18) clubs that participate in the AFL 2013 Regular Season, in EXACT order of finish from first (1st) through to eighteenth (18) at the conclusion of the AFL 2013 Regular Season, as determined in accordance with the AFL official regulations and which are published on the AFL’s website www.afl.com.au at the completion of the AFL 2013 Regular Season taking into account the results of Round 23 matches;
(4)“Closing Date” means 05.00pm Australian Eastern Standard Time on 24 April 2013;
(5)“Competition” means this “Red Energy Herald Sun Million Dollar Ladder” competition;
(6)“Competition Period” means the period commencing 12:01am Australian Eastern Standard Time on 6 April 2013 up to and including the Closing Date;
(8)“Promoter” or “Red Energy” means Red Energy Pty Limited ABN 60 107 479 372 of 2 William Street, East Richmond, Victoria, 3121; and
(9)“Website” means http://www.milliondollarladder.com.au.
(1)Information on how to apply for and enter this Competition forms part of these Terms and Conditions. Participation in this Competition is deemed to be acceptance of these Terms and Conditions and any other terms and conditions appearing on the Promoter's Website.
(2)This Competition is a game of skill, based on the correct prediction of the AFL 2013 Final Ladder by an Eligible Participant.
(1)Subject to these Terms and Conditions, participation in this Competition is only open to individuals who are residents of Victoria, who are aged 18 years or over and who are not referred to in clause 3(2) below (“Eligible Participants”).
(2)The Competition is not open to employees, agents, successors, and assignees of the Promoter, its advertising agencies and promotional companies involved in this Competition, as well as family and household members of same.
(3)For avoidance of doubt, clause 3(2) extends to employees, agents, successors, and assignees of Essendon Football Club, the Herald and Weekly Times Pty Limited as well as family and household members of the same.
4.HOW TO ENTER
(1)To enter the Competition the Eligible Participant must, during the Competition Period:
(b)read, acknowledge and agree to these Terms and Conditions;
(c)complete and submit the online entry form by submitting their full name, email address, address, postcode, date of birth, password, mobile phone number and the AFL team they support; and
(d)complete and submit a list of the eighteen (18) clubs in EXACT order of finish for the 2013 regular season, first (1st) through eighteenth (18th).
(2)Eligible Participants will receive a return email confirming their successful entry into the Competition. By entering the Competition, Eligible Participants consent to receiving this email.
(3)An Eligible Participant may change and resubmit their predictions of the AFL 2013 Final Ladder at any time prior to the Closing Date.
(4)There is a limit of one (1) entry per Eligible Participant throughout the Competition Period. Any attempt by any Eligible Participant to obtain more than one (1) entry by using multiple/different email addresses, identities or any other methods will void that Eligible Participant’s entries and that Eligible Participant will not be eligible to win the Competition.
(5)The number of entrants in this Competition is capped at 200,000. Once 200,000 entries are received by the Promoter, no further entries will be received or considered by the Promoter.
The maximum prize pool value for this Competition is AUD $1,000,000 (“Prize”). All prizes must be taken as offered and are not exchangeable or transferable.
(1)Subject to clause 6(3), an Eligible Participant who correctly predicts the AFL 2013 Final Ladder will be deemed the major prize winner (“Major Prize Winner”) and, subject to compliance with these Terms and Conditions, will receive the Prize.
(2)The Major Prize Winner will be verified by representatives of the Promoter on Monday, 9 September 2013 at 11.00 am (Australian Eastern Standard Time) at 2 William Street East Richmond, Victoria 3121.
(3)In the event that more than one Eligible Participant correctly predicts the AFL 2013 Final Ladder, each Eligible Participant will be classified as a Major Prize Winner and the Prize will be divided equally between the Major Prize Winners.
(4)In the event that no Eligible Participant correctly predicts the AFL 2013 Final Ladder, the Prize will not be awarded to anyone.
(5)The Promoter's decision in relation to any aspect of this Competition, including the verification of any Major Prize Winner(s), is final and binding on every Eligible Participant who enters.
7.NOTIFICATION OF WINNERS
(1)The Major Prize Winner(s) will be notified by email and by phone and their name will be displayed on the Website within 2 weeks of the conclusion of the AFL 2013 Regular Season and the Major Prize Winner(s) being verified by the Promoter in accordance with clause 6(2).
(2)The Promoter reserves the right to require each Major Prize Winner to provide proof of age, and proof of identity and/or residency to be awarded the Prize or a portion of the Prize, as the case may be. Identification considered suitable for such verification is at the discretion of the Promoter. For avoidance of doubt, entries submitted by individuals under the age of 18 years will be void and the Promoter will not in any circumstances be obliged to award any Prize or portion of the Prize to a legal guardian of such individual.
(3)As a condition of accepting the Prize, the Major Prize Winner(s) may be requested to sign 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.
(4)The Prize will be paid via bank cheque, which must be collected from a collection point to be nominated by the Promoter and at a date and time to be nominated by the Promoter in consultation with the Major Prize Winner(s).
(5)A Major Prize Winner(s) must, at the Promoter's request, participate in all promotional activity (such as publicity and photography) regarding the winning of any Prize, free of charge. Eligible Participants to the Competition consent to use of their name, likeness, image and/or voice by or on behalf of the Promoter and any prize supplier 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 Competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
If, despite all reasonable efforts, the Promoter is not able to contact the Major Prize Winner(s) or the Major Prize Winner does not respond to Promoter’s email or contact the Promoter by 30 September 2013, the Prize will be forfeited and will not be redistributed. If the Prize is won by more than one Major Prize Winner, and any of the Major Prize Winners do not accept or claim their portion of the Prize by 30 September 2013, the relevant Major Prize Winner's entry will be deemed invalid and their portion of the Prize will be redistributed evenly amongst the other Major Prize Winners.
(1)Each person submitting an entry to this Competition consents to:
(a)the Promoter using their contact information and any other information submitted as part of their entry to administer and operate the Competition, contact Major Prize Winners and publicise their names as provided in clause 7, and for market analysis and direct marketing purposes;
(b)the Promoter disclosing their personal information submitted as part of their entry to:
(i)parties engaged to assist with the administration and operation of the Competition (including: the hosting provider located in the United States; and prize supplier located in the United States);
(ii)those entities with naming rights or other rights associated with this Competition, being The Herald and Weekly Times Pty Limited and the Essendon Football Club, for direct marketing purposes in accordance with applicable laws, and as described in further detail in clause 9(2) below;
(iii)otherwise using and disclosing their personal information submitted as part of their entry, as required by or authorised by law.
(2)By ticking the "tick" box on the MDL Competition Web Site entry form you consent to the storage and use of your personal information by the Promoter, The Herald and Weekly Times Pty Ltd and the Essendon Football Club or other connected entities for the purposes detailed below:
(b)The Herald and Weekly Times Pty Ltd:
www.heraldsun.com.au/privacy. If you tick the “tick” box on the MDL Competition Web Site entry form, The Herald and Weekly Times Pty Ltd or any of its Australian related companies may contact you by any means (including by SMS or
(c)Essendon Football Club:
Essendon Football Club is bound by the National Privacy Principles in the Privacy Act 1988. If you tick the “tick” box on the MDL Competition Web Site entry form, Essendon Football Club may contact you by any means (including by SMS or e-mail) in the future to let you know about goods, services or promotions which may be of interest to you. It may also share your information with other persons or entities who assist it in providing its services or running competitions or with other companies who provide prizes for competitions. If you would like to access the personal information that Essendon Football Club holds about you, please write to its Privacy Officer at: email@example.com.
(3)If a person does not wish for their information submitted as part of their entry to be used for marketing, special offers or promotional purposes by the Promoter, The Herald and Weekly Times Pty Limited or the Essendon Football Club [click here] or email firstname.lastname@example.org and submit your full name and email address.
(1)All entries are the property of the Promoter. Entries that are incomplete, ineligible or have not been completed in accordance with these Terms and Conditions or received after the Closing Date will not be considered.
(2)The Promoter accepts no responsibility for an Eligible Participant’s late, lost, incomplete, misdirected, incorrectly submitted, or delayed entry (whether or not due to error), effects of hackers, failure of any electronic equipment, computer transmissions and/or network connections. The Promoter is not responsible for any technical or human error which may occur in the processing of entries. The Promoter has no control over telephone communications, the Internet, networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise, and is not liable for any consequences of user error including (without limitation) costs incurred.
(3)The Promoter is not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer or telephone transmission or technical failure, jumbled, scrambled or misdirected transmissions (including but not limited to email communication being marked as “spam” or “junk” in Eligible Participant’s email accounts), or other error of any kind whether human mechanical or electronic.
(4)The Promoter reserves the right at any time to disqualify and prohibit further participation in this Competition by any person who tampers with or benefits from any tampering with the entry process or with the operation of the Competition or acts in violation of these Terms and Conditions, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.
(5)An Eligible Participant’s entry which is generated by computer hardware or software
(6)Any costs associated with becoming eligible to apply, applying or participating in this Competition such as internet access, downloading of smart phone apps or internet download costs, will be at the cost of the Eligible Participant.
11.VARIATIONS TO THE PROMOTION
(1)The Promoter reserves the right at its sole discretion to modify, suspend or terminate all or part of the Competition, or disqualify and prohibit further participation in this Competition, in the event that any portion of this Competition is compromised by a virus, bugs,
(2)The Promoter reserves the right to update these Terms and Conditions from time to time for administrative reasons or to ensure efficient operation of the Competition. Changes will be posted on the Website.
12.LIMITATION OF LIABILITY
(1)Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the state of Victoria (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and The Herald and Weekly Times Pty Ltd and its related bodies corporate (including their respective officers, employees and agents) exclude 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 the Competition..
(2)Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and The Herald and Weekly Times Pty Ltd and its related bodies corporate (including their respective officers, employees and agents) are 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 or The Herald and Weekly Times Pty Ltd or its related bodies corporates’ 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 or The Herald and Weekly Times Pty Ltd or its related bodies corporate; (d) any tax liability incurred by the Major Prize Winner(s) or Eligible Participant; or (e) use of a Prize.
(1)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 Eligible Participant.
(2)The laws of Victoria apply to this Competition.
WEBSITE TERMS AND CONDITIONS
(AS AT 6 APRIL 2013)
(1)This website is provided by Red Energy Pty Ltd ABN 60 107 479 372 (Red Energy) under the domain name http://www.milliondollarladder.com.au/. Your access to and use of this website and the information provided on it is subject to the following terms and conditions. By accessing and using this website, you agree to these terms and conditions. Red Energy may at any time vary the terms and conditions by publishing the varied terms and conditions on this website. Red Energy is under no obligation to specifically notify you of any variation to the terms and conditions, and you acknowledge that by your use of this website after any variation, you are taken to have accepted the new terms and conditions.
(2)This website contains information on the Red Energy Herald Sun Million Dollar Ladder Competition.
(1)Red Energy does not make any warranty, express or implied, with respect to the accuracy, completeness or adequacy of the links or material on our website, nor does Red Energy make any warranty that the material on this website does not infringe the intellectual property rights of any person.
(2)All terms implied by law, except those that cannot be lawfully excluded, are excluded. Liability of Red Energy for breach of condition or warranty implied by law, and which cannot be excluded, is limited to the maximum extent possible and, at Red Energy’s option, to the supply of the goods or services again, the repair of the goods, or the payment of the cost of having the goods or services supplied again or repaired provided that this limitation is reasonable and permitted by law.
(3)To the maximum extent permitted by law, Red Energy and its directors, employees, agents and contractors exclude all liability or responsibility to any persons for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, that may result from the use of this website or from the use of or reliance on any information, advice, opinion, representation, provided on or made available through this website.
(4)You agree that your use of the material on Red Energy’s website is at your own risk. The Internet is not a secure medium and communications to and from our website may be intercepted or altered in transit. We do not warrant that Red Energy’s website is free from anything which may damage any computer which accesses our website or data on such a computer.
(5)Red Energy does not guarantee that the website will be continuously available, error free or free from viruses.
3.COPYRIGHT AND TRADE MARKS
(1)Copyright in the material on this website is owned or licensed by Red Energy. The trade marks appearing on this website are the trade marks of Red Energy or their respective owners. All intellectual property rights are reserved.
(2)You may print or download copies of the material on this website on a single computer for your personal use. No other copying, duplication, redistribution or dissemination of the material on this website is permitted without the prior written consent of Red Energy, except as permitted by applicable laws.
4.LINKS AND THIRD PARTIES
(1)Websites operated by third parties may link to this website. This website may also contain links to third party websites. Those third party websites are not under Red Energy’s control. The inclusion on this website of any links to other sites does not imply that Red Energy endorses or has verified the content of those linked sites. Your use of material on any third party website will be governed by the terms and conditions applicable to that website
(2)Red Energy gives no warranty (express or implied) as to the accuracy, completeness or adequacy of material on any third party website, nor does Red Energy make any warranty that the material on any third party website does not infringe the intellectual property rights of any person.
(3)Any dealings you have with third parties via this website are your responsibility. Should a dispute arise between yourself and any third party due to use of this website, Red Energy may assist you to resolve the dispute but will not be responsible for any loss or damage suffered as a result.
(4)You must not create links to this website or use it in any way to represent or imply that Red Energy sponsors, endorses or is affiliated with or related to any third party (including you) or product without Red Energy’s prior written consent.
(1)These terms and conditions and your access to this website may be altered or terminated at any time by Red Energy without notice to you. All restrictions, licences and disclaimers and limitations of liability will survive termination.
(2)The products and services identified on this website are provided for use by Victorian residents only, who are 18 years old and over. The law applicable to this website is the law of the State of Victoria, Australia.
(3)If you have any questions about this website or these terms and conditions please feel free to contact us on email@example.com.
Thank you for entering the 2013 Million Dollar Ladder, brought to you by Red Energy and The Herald Sun.
Unfortunately, this year we did not have a winner with a perfect ladder; our closest participant had 10 out of 18 correct and the closest anyone came in during the season was 14 out of 18.
We look forward to seeing you try your luck again in 2014.
We'll contact you in the future when the next competition is launched.