Terms and Conditions of Entry for the "2013 Lifebroker Mark of the Year  Promotion" (Promotion)

GENERAL

1. Information on How to Enter and prize information form part of these Conditions of Entry (Conditions of Entry).

2. Entry into the Promotion is deemed acceptance of these Conditions of Entry.

3. The Entrant is responsible for ensuring his or her familiarity with the Conditions of Entry at the time of participation. The Promoter’s decision not to enforce a specific restriction (whether communicated to an Entrant or not) does not constitute a waiver of that restriction or of the Conditions of Entry generally.

4. All Entrants acknowledge that the Promoter can rely on these Conditions of Entry even if the Promoter only learns of a person’s ineligibility after the Promoter has awarded a prize to the ineligible person. Return of the prize or payment of its equivalent value to the Promoter may be required by the Promoter if this occurs.

5. The Promoter’s decision in relation to any aspect of these Conditions of Entry and the Promotion is final and binding on every person who enters. No correspondence will be entered into.

6. The Promoter is Lifebroker ABN: 92083177011 of 66-76 Moray Street Southbank Vic 3006 (Promoter).

7. All prices stated are in Australian dollars, represent the recommended retail price (RRP) and include GST. All references to times and dates are to times and dates in Melbourne, which may be Australian Eastern Standard Time (AEST) or Australian Eastern Daylight Saving Time (AEDST) depending on the date. All times are stated using the 24 hour clock.

PROMOTION PERIOD

8. The Promotion will commence 19:00 AEDT on 2/04/13 until 12:00 AEDT on 17/09/13 (Promotion Period).

9. Entry in the Promotion is only open to Australian residents aged 18 years and over or aged under 18 years, who have obtained their parent or guardian's consent to enter the Promotion on these Conditions of Entry and whose parent or guardian have agreed to these Conditions of Entry, and shall exclude:

(a)  management, employees, directors and contractors of the Promoter, its related entities and other agencies, firms or companies associated with the Promotion (including the AFL and suppliers of prizes);

(b)  a spouse, de-facto spouse, parent, guardian, child or sibling of a person referred to in paragraph (a) of these Conditions of Entry;

(c)  persons who have won a prize/prizes valued either individually or collectively at more than $5,000 from the Promoter, or in any contest run by the Promoter, in the prior 12 month period prior to the commencement of this Promotion; and

(d)  persons have not been discovered to have used or attempted to use any more than one name in order to qualify to win any contest run by the Promoter except in the case of a legal change of name; and

(e)  persons who have breached the terms and conditions of any promotion run by or on behalf of the Promoter,

(Eligible Entrants).

The persons referred to in paragraph (b) of these Conditions of Entry includes natural and non-natural relations (in the opinion of the Promoter) and the Promoter is responsible for determining whether a person is an Eligible Entrant in its absolute discretion.

HOW TO ENTER

10. The Australian Football League (AFL) will be conducting the 2013 Lifebroker Mark of the Year competition (Competition). This Promotion will be conducted in conjunction with the Competition. In the Competition, the AFL will select three (3) marks scored in the matches played in the relevant AFL round (Competition Round) and post them on its website www.afl.com.au/mark (Online Entry Site). Individuals can vote for their favourite mark in each of the twenty three (23) regular rounds of the 2013 Toyota AFL Premiership Season by following the directions on the Website. In the Competition, the AFL will select three (3) marks from the twenty three (23) standard rounds and post these marks on www.afl.com.au for the purpose of determining the overall winner of the Competition (i.e. “the 2013 Lifebroker Mark of the Year for 2013”). After the individuals submit a vote in the Competition, they will then be directed to enter this Promotion

11. Entry into the Competition is via the Online Entry Site only

12. Eligible Entrants can complete their Eligible Entry during the Promotion Period by:  

(a)  logging on to the Online Entry Site and submitting a vote in the Competition, and then fully completing the requested details in accordance with the directions on the entry page for the Promotion, during the Promotion Period; and

(b)  indicating their acceptance of these Conditions of Entry, (Qualifying Entry).

EACH ENTRY MUST RELATE TO A SEPERATE QUALIFYING ENTRY

13. Any costs associated with accessing the Promotion website are the entrant’s responsibility and are dependent on the internet service provider used. Eligible Entrants must submit their entries manually using an internet browser.

14. Post Office boxes, Private Bags, Locked Bags or Common Boxes will not be accepted as postal addresses.

15. If an Eligible Entrant submits an entry:

1. which complies with accessing the Promotion website are the entrant's responsibility and are dependent on the internet service provider used. Eligible Entrants must submit their entries manually using an internet browser.
2. which does not comply with these Terms, they will receive an on-screen notification that their entry is invalid,

 whichever is applicable in the circumstances. 

16. The Promoter is not responsible for technical difficulties with the entry mechanism and does not warrant that any entry mechanism will be available at all times.

17. The use of any automated entry software or any other mechanical or electronic means that facilitate or procure that automatic and/or repeated entries are submitted by the entrant are prohibited and any entry submitted using such means invalid.

18. Incomplete, illegible or incorrect entries, or which contain offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win.

19. Entries are deemed to be received at the time of receipt into the Promoter's database, not time of transmission by the entrant.

20. All entries received between 19:00 AEDT on 09/09/13 and 12:00 AEDT on 16/09/2013 will be entered into the Major Prize Draw.

VERIFICATION

21. If requested by the Promoter, entrants must produce, within the time requested by the Promoter at its absolute discretion appropriate photo identification or other documentation, required by the Promoter to verify their identity, age, eligibility to enter the Promotion and claim a prize (if drawn) and compliance with these Conditions of Entry. If the items required by the Promoter are not received or an entry has not been verified to the satisfaction of the Promoter within the time period required by the Promoter, the entry will be deemed invalid and, at the Promoter's absolute discretion, all of the entrant's remaining entries will be invalid. A prize will only be awarded following all validation and verification requirements of the Promoter being met to its satisfaction.

22. All costs associated or arising in connection with the prizes are the responsibility of the respective prize winner.

23. Entrants can only enter the Promotion in their own name.

DRAW AND PRIZE INFORMATION

MAJOR PRIZE

24. A random prize draw will be conducted at [66-76 Moray Street Southbank Draw Location) by a representative of the Promoter at 16:00 on 16/09/2013 from all Eligible Entries received during the Promotion (Major Prize Draw).

25. The first Eligible Entrant with a valid Eligible Entry drawn in the Major Prize Draw will win $5000 including GST) (Major Prize).

MINOR PRIZES

26. A random prize draw will be conducted at the Draw Location by a representative of the Promoter at 10:00 on the dates indicated below from all Eligible Entries received during each Competition Round (Minor Prize Draws).

Round	Start Date (Start Time 19:00)	Close Date (Close Time 12:00pm)	Draw Date (Draw Time 16:00)
1	Tuesday 02-Apr-2013*	08-Apr-2013	08-Apr-2013
2	08-Apr-2013	15-Apr-2013	15-Apr-2013
3	15-Apr-2013	22-Apr-2013	22-Apr-2013
4	22-Apr-2013	29-Apr-2013	29-Apr-2013
5	29-Apr-2013	06-May-2013	06-May-2013
6	06-May-2013	14-May-2013	14-May-2013
7	14-May-2013	20-May-2013	20-May-2013
8	20-May-2013	27-May-2013	27-May-2013
9	28-May-2013	04-Jun-2013	04-Jun-2013
10	Tuesday 04-Jun-2013*	Tuesday 11-Jun-2013**	11-Jun-2013
11	Tuesday 11-Jun-2013*	17-Jun-2013	17-Jun-2013
12	17-Jun-2013	24-Jun-2013	24-Jun-2013
13	24-Jun-2013	01-Jul-2013	01-Jul-2013
14	01-Jul-2013	08-Jul-2013	08-Jul-2013
15	08-Jul-2013	15-Jul-2013	15-Jul-2013
16	15-Jul-2013	22-Jul-2013	22-Jul-2013
17	22-Jul-2013	29-Jul-2013	29-Jul-2013
18	29-Jul-2013	05-Aug-2013	05-Aug-2013
19	05-Aug-2013	12-Aug-2013	12-Aug-2013
20	12-Aug-2013	19-Aug-2013	19-Aug-2013
21	19-Aug-2013	26-Aug-2013	26-Aug-2013
22	26-Aug-2013	02-Sep-2013	02-Sep-2013
23	02-Sep-2013	09-Sep-2013	09-Sep-2013
Final 3	09-April-2013	16-Sep-2013	16-Sep-2013

* Monday games (1/4/2013, 3/6/2013 and 10/6/2013,).  Voting will open Tuesday at 7pm

27. Entries will only be entered into the ‘next’ scheduled Minor Round Prize Draw depending on when the entry is received. 

Entries will not be entered into any subsequent Minor Prize Draw(s) (for example an entry received on the 07/04/13 will be entered into the Minor Round Prize Draw on 8/04/13 only).

All Entries received in the Promotion Period will be entered into the Major Prize Draw.

28. The first Eligible Entrant with a valid Eligible Entry drawn in each of the twenty three (23) Minor Prize Draws will win  $200 in cash (including GST) (RRP) (Minor Prize).

29. The total value of the prize pool available to be won in the Promotion is AU$9,600 [including GST).

NOTIFICATION OF WINNERS

30. The Major and Minor Prize winners will be:

(a)  notified by Phone

(b)  published on the AFL website; and

(c)  the Major Prize Winner will published in The Age & Herald Sun on 01/10/2013.

UNCLAIMED PRIZE DRAW

31. If a Major or Minor Prize is won by:

(a)  an Eligible Entrant who is not a resident of Western Australia and they do not claim their Prize by 10:00 on the 28/12/13, a random electronic re-draw will be conducted on that date and time at the Draw Location by a representative of the Promoter from all remaining Eligible Entries received in the Promotion, subject to any directions from State and Territory Gaming Departments; or

(b)  an Eligible Entrant who is a resident of Western Australia and their Prize remains unclaimed, the Promoter will retain their prize until 10:00 on the 1/10/13, before seeking directions from the Department of Gaming, Racing and Liquor, Western Australia (Re-Draw).

NOTIFICATIONS OF RE-DRAW WINNERS

32. The Re-Draw winners, if any, will be:

 (a)  notified by Phone;

 (b)  Published on the AFL website; and

 (c)  the Major Prize winner published in The Age & Herald Sun on 07/01/2014.

33. Prizes will be delivered to the residential address as advised by the respective winner.

34. Acceptance and use of the prizes is subject to terms and conditions imposed by those involved in providing goods and / or services as part of or in connection with the Prizes. 

35. Prizes cannot be sold, scalped, auctioned, raffled, pledged, or promoted as an incentive or reward by any third party as an inducement for any person or other entity to enter into any commercial or other arrangements with that third party. If a prize is obtained through any of these methods, it will not be honored.

36. If more than one person attempts to claim a Prize, the Promoter has sole and absolute discretion to determine which of those persons is the winning entrant(s).

37. If a Prize winner is under 18 years of age, the prize will be awarded to their parent or guardian on the Prize winners' behalf.

38. The parent or guardian of each entrant under 18 years of age agrees to indemnify the Promoter against:

(a)  any claims made by the entrant, his or her guardian, any member of his or her family or any other party, against the Promoter in connection with the Promotion or the entrant's participation in the Promotion; and

(b)  any losses (including any liability) caused by any act or omission of the entrant which is inconsistent with these Conditions of Entry.

GENERAL ELIGIBILITY TERMS & DISCLAIMERS

39. Each Qualifying Entry counts towards one (1) entry only.

40. Eligible Entrants may enter the Promotion as many times as they wish provided;

(a)  each entry is based on a separate Qualifying Entry; and

(b)  is submitted separately in accordance with these Terms

41. Eligible Entrants who are not residents of South Australia may win a maximum of one (1) Minor Prize in the Promotion only.

42. Prizes are not transferable, exchangeable or redeemable for cash. Prizes must be taken as offered and may not be varied.

43. The Promoter shall not be liable for the prizes being lost, stolen, damaged or tampered with in any way before they reach the winners or after they have been released to the winners.

44. The Promoter accepts no responsibility for any variation in the value of the prizes from the time of printing Promotion materials.

45. If the Promoter is unable to provide a winner(s) with a nominated prize, the Promoter reserves the right to supply an alternative prize of similar monetary value to the nominated prize, subject to any directions given by State and / or Territory Gaming Departments.

46. The Promoter accepts no responsibility for any entries not received for any reason during the Promotion Period. No responsibility will be taken for lost, late or misdirected entries. The Promoter does not warrant that the entry mechanism will be available at all times during the Promotion Period.

47. If, for any reason, the Promotion is not capable of being run as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter reserves the right in its absolute discretion to take any action that may be available to it, subject to States and Territories regulations, including cancelling, terminating, modifying or suspending the Promotion.

48. Any entrant who, in the opinion of the Promoter, tampers or interferes with the entry or draw mechanism in any way, engages in any unlawful or improper conduct which jeopardises or is likely to jeopardise the fair or proper conduct of the Promotion, or who does not properly comply with the entry process, will be ineligible to win.

49. Incomplete, illegible, indecipherable or incorrect entries are not eligible to win.

50. Entrants and/or prize winners must, if requested by the Promoter, agree to, sign and return to the Promoter within such time frame as is stipulated by the Promoter:

1. an eligibility form confirming their compliance with the Conditions and eligibility to accept a prize if drawn; and
2. a liability release, waiver and/or indemnity, in a form determined by the Promoter and in favour of the Promoter and/or any person or other entity associated with this Promotion.

A reply paid address will be provided by the Promoter for this purpose.

In the case of an Entrants’ failure to return the signed eligibility form, releases and indemnities will result in the disqualification of that Entrant from the Promotion.

In the case of a prize winners’ failure to return the signed eligibility form, releases and indemnities will result in the entitlement to a prize being forfeited and a selection of a new winner.

51. The:

(a)  Promoter, the Promoter's related entities, the Participating Outlet and all agencies associated with the Promotion including the AFL; and

(b)  the employees, agents, directors and contractors, of all entities referred to in paragraph (a),

shall not be liable for any loss or claim, action, demand, liability, damage, cost, expense or personal injury whatsoever (including but not limited to any direct, indirect or consequential loss), incurred, suffered or sustained by any person or entity (without limitation) in connection with, or arising from, the Promotion or the acceptance or use of the Prizes, except that which cannot be excluded by law (in which case that liability is limited to the maximum extent allowable by law).

52. The Promoter accepts no responsibility for any tax liabilities that may arise from winning or receiving the benefit of a prize.

53. Prize winners must, at the Promoter's and/or the AFL’s request, participate in any Promotion activity (such as publicity, photography, film and/or recording) relating to the winning of a prize, free of charge, and they consent to the Promoter using their name and image in any future promotional material for an unlimited period.

54. CAUTION: Any attempt to deliberately undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the promoter reserves the right to seek damages to the fullest extent permitted by law.

PERSONAL INFORMATION

55. All entries become the sole property of the Promoter.

56. All information Entrants provide (Personal Information) will be used by the Promoter for the purpose of conducting this Promotion and may be entered into a database and the Promoter, the Promoter's related entities, agencies engaged by the Promoter, or any other third party nominated by the Promoter, including the AFL, for the Promoter's and/or the AFL’s current and future promotional and marketing purposes without further reference or compensation to them.

57. The Promoter may disclose Entrants' Personal Information to its contractors and agents to assist in conducting this Promotion and as required, to Australian regulatory authorities.

58. Entrants can request access to update or correct their Personal Information held by the Promoter and may request that they not receive further Promotional or marketing communications from the Promoter by contacting the Promoter at the address above.  Should an Entrant's contact details change during the Promotion Period, it is the Entrant's responsibility to notify the Promoter.

59. The Promoter is bound by the National Privacy Principles in the Privacy Act 1988.

60. Lifebroker Insurance is a registered trade mark of National Financial Solutions and is a holder of Australian Financial Services License 400209, Trade Mark 1110694.

Authorised under permit numbers: SA: T13/354; NSW:  LTPS/13/02282; VIC: 13/467; ACT: TP 13/00816