Annexure A – General “Free-to-Play” Competition Terms
Annexure B – Monthly “Free-to-Play” Competition Rules
“FREE-TO-PLAY” – GENERAL COMPETITION TERMS
- This Annexure A sets out terms and conditions regarding Competitions entered via the SportsHero AU Platform. Terms and conditions regarding general use of the SportsHero AU Platform are set out in Annexure C.
- The Promoter is SportsHero Limited (ABN 98 123 423 987) of 29 Brookside Place, Lota Queensland 4179 (“Promoter”).
- Entry into a Competition deems acceptance of these Terms and Conditions. To the extent of any inconsistency between these Terms and Conditions and any other reference to these Competitions, these Terms and Conditions prevail.
- Registration on the SportsHero AU Platform and entry into Competitions conducted through the SportsHero Au Applications is free, and is open to all residents of Australia other than New South Wales, and the rest of the world, subject to it being legal to enter and play in such jurisdictions.
- In general terms:
- order to climb the rankings of the SportsHero leaderboards and win the relevant Competitions, users will be required to successfully make predictions of varying difficulties. Easier predictions provide an opportunity for steady weekly progression, whilst more skilled users who correctly predict difficult picks will be able to climb the leaderboards more quickly.
- Users at the top of each leaderboard at the end of each Competition will be eligible to win a prize. For the time being Competitions are run monthly in respect of soccer, but as sporting seasons come and go Sports Hero remains focused on bringing its’ user base new and exciting ways to test their sports-predicting skills against each other.
- Information on how to enter and scoring as posted on the SportsHero AU Platform forms part of these Terms and Conditions. These Terms and Conditions serve as separate Terms and Conditions for the Competitions being conducted for any of the Codes referred to on the SportsHero AU Platform. Any persons not complying with these Terms and Conditions are ineligible and the Promoter reserves its absolute right to disqualify any person from the Competitions if any entries do not comply with these Terms and Conditions. Entry into any Competition is deemed to constitute full and unconditional acceptance of these Terms and Conditions.
- There is no consideration payable by residents of Australia to enter the Competitions.
- Competitions are open to residents of Australia (other than New South Wales) and other countries where the law allows residents to enter Competitions of this nature. The Promoter reserves the right, in its sole discretion, to verify the identity of any Participant. If the individual is found to have registered as more than one Participant in any single Competition, the Promoter reserves the right to disqualify the Participant, or restrict their access to the Competitions.
- The Promoter however reserves the right not to accept any registration:
- for any Participant if the registration contains anything defamatory or is otherwise offensive or inappropriate in any way, as determined by the Promoter in its absolute discretion, or
- any registration that the Promoter reasonably suspects have been created using a computerised scripting tool.
- The Participant’s registration, participation in any Competition and use of the message board functions over the SportsHero AU Platform can be withdrawn at any time during or after any Competition due to defamatory or otherwise offensive or inappropriate conduct, including any such conduct on the SportsHero AU Platform, or any other actions that violate these Terms and Conditions, as determined by the Promoter in its absolute discretion. Participants are strictly prohibited from marketing, promoting, offering or selling any goods or services over the SportsHero AU Platform and any such actions shall be deemed a breach of these Terms and Conditions and cause for removal.
- Promoter reserves the right to remove any content that is defamatory or otherwise offensive or inappropriate, as determined by Promoter in its sole discretion.
- Subject to clause 3, entry is open to persons over the age of 18, as of the date of entry, who have fulfilled the requirements set out below (“Eligible Entrants”).
- Employees, and their immediate families, of the Promoter, associated agencies and companies, contractors or individuals are not eligible to enter this competition. Immediate family means any of the following: spouse, ex-spouse, de facto spouse, child or step child (whether natural or by adoption), parent, step parent, grandparent, step grandparent, uncle, aunt, niece, nephew, brother, sister, step brother, step sister or 1st cousin.
- Information about Participants is used by the Promoter to assess and process registration in the Competition. 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 Competition is used by the Promoter and its agents for the purpose of determining Competition results. Participants hereby given their consent to publishing their name and Score in the results section of the Website and as otherwise set out in these Terms and Conditions. The Promoter will not be held responsible for any loss of reputation, status or otherwise in connection with a Participant’s predicting selections and consequential results. It is a condition of entry that Participants consent to these uses and disclosures of their information for purposes of the Competitions.
- The use of any automated entry software or any other mechanical or electronic means that permits any person to enter any Competition repeatedly is prohibited and all Participants or entries reasonably suspected of originating from a Participant engaging in such practices will be terminated at the Promoter’s sole discretion.
- By entering any Competition all entrants:
- assign to the Promoter 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;
- 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 Promoter, its assigns licensees and successors in title;
- undertake to the Promoter that their entry is not in breach of any third party intellectual property rights.
- SportsHero reserves the right, at any time, to verify the validity of Competition entries User registrations and 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, prediction or any other information that is not in accordance with these Terms and Conditions or who tampers with the registration or any processes of the website (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.
- Notwithstanding SportsHero’s rights to not accept or to subsequently disqualify a Participant, or of SportsHero’s rights as outlined under Annexure E, SportsHero will not be liable for any legal action arising out of any Participant’s name or postings on the SportsHero AU Platform being defamatory or unsightly to the public at large, except for any liability that cannot be excluded by law. By participating in the Competition, the Participant agrees to indemnify the Promoter, its agents, contractors and related companies from any legal action, claim or dispute arising in relation thereto.
- Entries must include all requested contact details to be eligible to win.
Winners and Prize Delivery
- Winners will be notified by email within two (2) days of the prize draw.
- The Promoter reserves the right to request winners to sign a winner’s deed of release or any other relevant forms or agreements that the Promoter deems necessary, to provide proof of identity, proof of age, proof of residency at the nominated prize delivery address and/or proof of entry validity (including phone bill) in order to claim a prize. Proof of identification, residency, age and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.
- The Promoter reserves the right to rejudge a Competition in the event of an entrant, claiming to be a winner, being unable to satisfy these Terms and Conditions.
- The judges’ decision in relation to any aspect of the competition is final and binding on each person who enters. Chance plays no part in determining any winner. No correspondence will be entered into. No responsibility is accepted for late, lost or misdirected entries. Prizes are subject to availability, not transferable or exchangeable and, with the exception of cash prizes, cannot be taken as cash. Prizes will be sent to the winner’s nominated address as stated in their original entry. The Promoter and their associated agencies, and companies associated with this promotion will take no responsibility for prizes damaged or lost in transit.
- The Promoter highly recommends a current residential street address be provided when requested for ease of correspondence and potential prize delivery. The Promoter makes all reasonable efforts to deliver prizes to the addresses provided by competition entrants. The Promoter cannot guarantee that any prizes returned to the Promoter due to non-delivery at the provided address will be re-sent to the prize winner.
- In participating in the prizes, the winners agree to participate and co-operate as required in all editorial activities relating to the Competition, including but not limited to being reasonably interviewed and photographed by Promoter. The winners agree to granting the Promoter a perpetual and non-exclusive licence to use such footage and photographs in all media worldwide, including online social networking sites, and the winners (and their companions) will not be entitled to any fee for such use.
Limitations of liability for Competitions
- The Promoter and their associated agencies and companies will not be liable or responsible for any problems or technical malfunction of any telephone network or lines, computer on line systems, servers, or providers, computer equipment, software, technical problems of the phone or of any phone network, or any misadventure, accident, injury, loss (including but not limited to consequential loss) or claim that may occur:
- whilst undertaking any travel won on or connected with their entry into any Competition;
- in the participation in any Competition;
- due to a Participant’s predictions that are not received or which are received and subsequently corrupted or rejected by the SportsHero AU Platform, whether or not after receipt by the Promoter;
- as a consequence of late, lost or misdirected mail, email SMS or phone calls;
- due to the broadcast of any program relating to the competition or the publication of any material, including any statements made by any compere, staff member, journalist, other entrants or any other person;
- any injury or damage to entrant’s or any other person’s computer software or phone; or
- any combination thereof, related to or resulting from participation or sending or receiving of any communication or of any materials in this competition.
Prize delivery matters
- In respect of any Prizes:
- The Promoter shall not be liable for any claim, loss or damage either direct or consequential arising out of any defects arising from the supply or use of the goods;
- The Promoter will not be responsible in any way for any damage caused by negligence, wilful damage, acts of God, misuse or failure to care properly for the goods.
- If the Promoter has any liability which is not otherwise excluded, the Promoter’s liability is limited, at its election, to:
- replacing the goods or supplying similar goods;
- repairing the goods;
- providing the cost for replacing the goods or for acquiring equivalent goods;
- providing the cost for having the goods repaired;
- Any dates specified for delivery are estimated dates only;
- Participant shall inspect all goods delivered and must note any deficiencies before acknowledging receipt;
- No refunds or returns under any circumstances; and
- any consumer warranty from the manufacturer will be passed through, and the Promoter will have no further liability.
Further Terms and Conditions for Competitions
- The Promoter reserves the right to amend these Terms and Conditions if a Competition cannot be run as originally planned. The Promoter may also cancel or suspend this competition if an event beyond the control of the Promoter corrupts or affect the administration security, fairness, integrity or proper conduct of this competition. The Promoter may disqualify any individual who has tampered with the entry process or any other aspect of this competition.
- In the event there is a dispute concerning the conduct or administration of any Competition, the decision of the Promoter is final and no correspondence will be entered into.
- Any cost associated with accessing the SportsHero AU Platform is the Participant’s responsibility and is dependent on the communications service provider used. A Participant electing to access the SportsHero AU Platform may be subject to content service fees imposed by its telecommunications provider. No revenue sharing or commission arrangement exists between the Promoter and the communications provider in relation to any such transactions.
- Prize winners are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of that prize.
MONTHLY COMPETITION RULES – “FREE-TO-PLAY”
Entry into Monthly Competitions
- To enter a competition, the user must opt in by going to championship tab and electing to enter the competition.
- Only one entry per person will be accepted. Multiple accounts or entries are disallowed and may result in disqualification in the competition or forfeiture of any prizes.
- Monthly Competitions commence at 12.01 AM on the 1st day of each calendar month and end at 11.59 PM on the last calendar day of each month, unless otherwise advised by the Promoter. By way of example, the first monthly SportsHero Competition will be held from 01/11/17 at 12.01 AM and closes 30/11/17 at 11.59 PM (“Competition Period”). All times noted in these Terms and Conditions are local times in New South Wales, Australia.
- Entries for Predictions close one (1) minute before the start of the relevant match. Predictions that have been entered cannot be cancelled or changed.
- All Predictions will be voided if the relevant match is cancelled or postponed.
Scoring of Monthly Competitions
- For the Competition, every Participant will start with zero profit/loss.
- The winner is determined by Promoter based on the person with the most points, and ranked highest on the relevant leader-board, for the month.
- On registration of the mobile application for the first time, a user receives 100,000 points.
- In making predictions, users are able to wager based on points in their account. A standard stake per match is 1,000 points. “3X” stake are 3000 points and can be used once in every half day.
- To be eligible to win prizes, users have to make a minimum 40 predictions for the monthly competition.
- If you accurately predict the answers to the questions, you will be awarded a certain number of points. The number of points awarded is based on weighted odds or other criteria that Promoter uses in its’ absolute discretion. Therefore, it is not just the number of answers to questions you accurately predict, but also the relative likelihood of such prediction being accurate that determines your chances of rising up the leaderboards and potentially being the winner.
- You are not obliged to make every Prediction for every question of every match or Competition, though the number of accurate Predictions you make may help determine your success.
- Leaderboards will be endeavoured to be updated daily.
- In the event there are two or more individuals with the same score at the top of the leaderboard, the winner will be determined by the Promoter based on its own criteria.
- The Promoter’s method of determining the winner is absolute and final, and no correspondence will be entered into.
Prizes and Delivery
- The total prize value for each Monthly Competition is up to $A500 (including GST), as at 01/11/17. Until further notice the Monthly Competition prizes will consist of a brand new Sony Playstation 4 and a copy of the corresponding “FIFA 18” video game with a recommended retail price of A$470.
- Further information about SHO Prizes is set out in https://sportshero.mobi/
- The winner of the Monthly Competition will be contacted within 2 days regarding their prizes, provided their contacts are correct.
- If the Promoter is unable to contact the winner to claim fulfilment of the promotional prize within three (3) months of the prize being drawn, or if the winner is unable to attend any element of the prize, that winner will forfeit the prize in its entirety. The Promoter will not be liable for a winner who cannot be reasonably contacted within three (3) months and therefore forfeits their prize, and no correspondence will be entered into.
- Prizes will usually be sent to winners within 28 days upon confirmation of winning email.
- Any prize offer to winners will be forfeited if it contravenes any applicable laws in your country.