2 In these Terms & Conditions of Entry, unless the contrary intention appears, the following words and phrases have the meanings set out opposite them:
"participant" means a person who is eligible to participate and registers for or participates in any of the tipping comp(s) by logging into the web site with their username and password or by emailing your selections to admin users; Your use of and access to this site indicates your acceptance of these Terms & Conditions, as they exist at that time.
"web site" means the web site of the tipping comp(s) at http://www.whoyaon.com accessible on the internet through the world wide web.
"site owner" means whoyan.com is owned by Whoyaon Unit Trust
"comp owner" means the person who setup the tipping comp and who has entered the comp rules including comp fee if applicable. The comp owner is also responsible for allocating the comp prizes if applicable.
"code" means the series of matches of the sporting code listed on the web site.
"round" means a round of the relevant code conducted during that code's season that is made available for tipping as outlined on the web site. Where a code does not have a determined round structure, rounds will be determined at the discretion of the site owner and outlined on the web site;
"season" means the series of home and away games (or series of matches as indicated otherwise on the web site) for a code as listed on the web site. At the discretion of the comp owner, seasons may or may not contain the finals series for the code. Information on the season duration will be posted on the web site;
"score" means the allocation of points to a participant for the correct selection of a match as defined by the web site;
3 Information on how to enter, scoring and prizes as posted on the web site forms part of these Terms & Conditions of Entry. Participants not complying with these Terms & Conditions of Entry are ineligible and the comp owner or site owner reserves its absolute right to disqualify any participant from the tipping competition if any entries do not comply with these Terms & Conditions of Entry. Entry into any tipping competition is deemed to constitute acceptance of these Terms & Conditions of Entry.
4 Tipping competitions are open to residents of Australia (and other countries where the law allows residents to enter tipping competitions of this nature). Employees of the site owner and its agencies associated with this tipping competition and their immediate families are ineligible to enter. An individual may only be eligible for prizes if they registered as a participant once and therefore may only place one set of tips per round of the season. The comp owner reserves the right, in its sole discretion, to verify their identity of the participant. If the individual is found to have registered more than once as a participant the comp owner reserves the right to refuse to grant prizes.
5 The comp owner 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 comp owner in its absolute discretion. The participants participation in a tipping competition can be withdrawn due to unsightly conduct at any time during and after the tipping competition. This includes any registration that the comp owner reasonable suspects have been created using a computerised scripting tool.
6 To enter any tipping competition, a participant must:
a) Make a selection of the teams/horses the participant tips to win for each game/race in a nominated round. We allow a draw to be deemed "still alive" you will be then able to continue into the following week.
b) Participants will be allocated 1 race day to pick any horse in for their weeks selections - selected race will be nominated by site admin.
7 In the event of a match in a given round being cancelled, abandoned, not completed or not played for any reason and/or a result is not officially declared within three days of the date the match was originally scheduled to be played, it is treated as a win or horse being scratched. You will continue to the next round.
8 A Participant may make or change a tip for a given match in a round at any time prior to each rounds commencement time as published on the web site. Though you can only do this by emailing email@example.com with the subject line "Changed Selection" **NO OTHER WAY**
9 Any entry fees (none) will be collected and managed by the comp owner offline, including the payout of any prize money at the end of the tipping competition.
10 Prizes ($1000) and their values are as set out on the web site by the comp owner. In Bonus Bets - Subject to living location. Excludes SA residents.
11 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 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 comp owner and the telecommunications provider in relation to any such transactions.
12 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 comp owner 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 tipping comp.
13 The comp owner reserves the right, at any time, to verify the validity of registrations and web site activity 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, tip, or any other information on the site that is not in accordance with these Terms and Conditions of Entry or who tampers with the registration or any processes of the web site. Failure by the comp owner to enforce any of its rights at any stage does not constitute a waiver of those rights.
14 Except for any liability that cannot be excluded by law, the comp owner and its agencies associated with this tipping comp (including their respective officers, employees and agents) are not liable and do not accept responsibility for:
a) a participant's tips selections that are not received or which are received and subsequently corrupted or rejected by the web site server, whether or not after receipt by the comp owner;
b) any lost, delayed, misdirected or corrupt emails messages to or from the web site;
c) the web site not being continuously available for use;
d) any loss or damage whatsoever (including but not limited to direct, indirect or consequential loss) or personal injury suffered or sustained in connection with a participant's participation in the tipping comp or the taking of a prize or otherwise relating to the conduct of the tipping comp, however caused, including failure of the web site or incorrect or corrupt data supplied by the comp owner to a participant;
e) any theft, unauthorised access or third party interference;
f) any variation in the value of any prize; or any tax liability incurred by a participant or prize winner.
15 As a condition of accepting any prize, the winner must sign any legal documentation as and in the form required by the comp owner and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
16 Information about participants is used by the comp owner to assess and process registration in the tipping comp. If an applicant does not provide the required information, the comp owner cannot process the registration. All entries become the property of the comp owner and will be entered into a database. Information emanating from the participant's participation in the tipping comp is used by the comp owner and its agencies associated with this tipping comp 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 comp owner 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 comp owner, 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.
18 Notwithstanding the comp owner's rights to not accept or to subsequently disqualify a participant, the comp owner 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 tipping comp, the participant agrees to indemnify the comp owner, its agents, contractors and related companies from any legal action, claim or dispute arising in relation thereto.
19 In the event there is a dispute concerning the conduct of the tipping comp, the decision of the comp owner is final and no correspondence will be entered into.
20 The comp owner 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. The use of any automated entry software or any other mechanical or electronic means that permits any person to enter the tipping competition repeatedly is prohibited and all participants or entries submitted reasonable suspected of originating from a participant engaging in such practices will be terminated at the discretion of the comp owner.
21 By entering a tipping competition all entrants:
a) assign to the comp owner all rights including present and future copyright in their entry and the publicity materials in all media (including, without limitation, the internet) and whether in existence now or created in the future;
b) agree not to assert any moral rights in respect of their entry and the publicity materials (wherever and whenever such rights are recognised) against the comp owner, its assigns licensees and successors in title;
c) undertake to the comp owner that their entry is not in breach of any third party intellectual property rights.
22 A failure by the comp owner 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 participant.
23 As a participant of the web site, the participant agrees to receive one email per week from www.whoyaon.com that contains an advertisement from a sponsor of whoyaon.com The Participant can elect to be excluded from said emails however some web site features may be made unavailable.
24 The Comp owner reserves the right to update terms and conditions from time to time. Changes will be posted on the website.
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