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Instant Competition Terms

Definitions:

CLOSING DATE: Subject to clause 15, 5th Aug 2009 at 23:59pm

COMPETITION: the Competition operated by the Promoter to which these Terms and Conditions apply, whereby the Entrants submit entries via the Website.

ENTRANT: any person (not including a limited company, partnership or limited liability partnership) who enters the Competition.

ENTRY: an entry to the Competition via the Website.

ENTRY FEE: the sum of $10 payable in pounds sterling in respect of each Entry.

JUDGE: The referee from the game shown in the Photograph.

JUDGE'S OPINION: the co-ordinates selected by the Judge representing where the Judge, using his footballing expertise, believes the centre of the football is most likely to be in the Photograph.

PRIZE: [ ]

PROMOTER: : Play4Property Pty LTD incorporated and registered in New South Wales with Australian Company Number 134 648 749 whose registered office is at Level 29, Chifley Tower, Chifley Sq, Sydney, NSW, 2000.

SELECTION: the selection of co-ordinates on the Photograph by an Entrant in accordance with clause 11.

TERMS AND CONDITIONS: the terms and conditions set out herein to govern the Competition.

WINNER: the person determined in accordance with clause 15.

WEBSITE: www.play4property.com.au

General

1. By entering the competition via the Website, Entrants are deemed to have read and accepted these Terms and Conditions and agreed to be bound by them. Failure to comply with these Terms and Conditions will result in an Entrant being ineligible to enter the Competition.

2. The Competition is open for entry to all persons aged 18 or over excluding the Promoter, their family, agents, employees, professional advisers or anyone else connected with the development or operation of the Website or the conduct or administration of the Competition in any way.

3. There is no limit to the number of Entries that any one Entrant can make to the Competition.

4. Entrants are responsible for providing the Promoter with accurate and up to date contact details and the Promoter will not be liable for any inability to make contact with any Entrant due to errors, omissions or inaccuracies in the contact details provided by the Entrants, or technical issues preventing the contact details from being obtained correctly. Entrants shall verify their contact details in the receipt provided, which will be sent by email within 48 hours of submission, and notify the Promoter of any error. Entrants must submit such contact details as requested by the Promoter (which must include a valid e-mail address) which will be used for the following purposes:

(a) to notify the Winner that they have won the prize

(b) to post the Winner's name and town of residence on the Website

(c) to comply with the Privacy Policy.

5. By accepting these Terms and Conditions you confirm that you are not breaching any laws in your country of residence regarding the legality of entering the Competition. The Promoter will not be held responsible for any Entrant entering the Competition unlawfully. If in any doubt you should immediately leave the Website and check with the relevant authorities in your country.

6. Where the Promoter, acting reasonably, believe that an Entrant is not eligible to enter the Competition they may exclude such Entrant from the Competition, withhold all Prizes and will refund the Entry Fee to that Entrant. An entry shall be declared void (without any refund being given) if the entrant engages in:

(a) any form of fraud (actual or apparent)

(b) fraudulent misrepresentation

(c) fraudulent concealment

(d) hacking or interference with the proper functioning of the Website

(e) amending, or unauthorised use of, any of the code that constitutes the Website.

7. The Competition is governed by English Law and the Courts of England shall have exclusive jurisdiction in the event of any dispute arising out of the Competition.

8. English is the only language in which an Entrant may submit their entry and in which any correspondence must be written. Entry to the Competition

9. The price of entering the Competition is the Entry Fee and is payable only by using the "Pay Now" button on the "Enter Competition" page of the Website.

10. An Entrant should follow the online instructions on how to enter the Competition and shall use skill and judgement, having considered all the circumstances of the game set out in the Photograph, in order to identify the exact point which they believe the Judge has identified as the most likely location of the centre of the football.

11. Entry to the Competition takes place on the date of receipt by the Promoter of the Entry Fee. The Promoter will send a confirmation e-mail and receipt to the Entrant.

12. All Entries are final and no refunds will be made, except in the case of entries submitted after the Closing Date.

13. The Winner may be required to provide evidence to prove their identity and that their Entry was made using a valid debit/credit card belonging to the Entrant or used with the express authorisation of the card holder.

The Winner

14. The Winner shall be the Entrant whose Selection is the same as the Judge's Opinion or if no Entrant has selected co-ordinates matching the Judge's Opinion before the Closing Date then the Winner shall be the Entrant whose Selection is closest to the Judge's Opinion. If two or more Entrants at the Closing Date are equally the closest to the Judge's Opinion this shall constitute a tie ("Tie").

15. Once a Winner has been determined in accordance with clause 15 the Competition shall end and the Promoter shall contact the Winner as soon as reasonably practicable ("Winner Notification Date").

16. In the event of a Tie then those Entrants shall make a further Selection on a different Photograph and the Winner will be determined in accordance with clause 15. In the event of a further Tie then the actions under this clause shall be repeated until a single Winner is determined.

17. The Promoter's decision as to the Winner shall be final and no correspondence will be entered into about the administration or result of the Competition following the determination of the Winner as described above.

18. The Winner shall win the Prize.

The Prize

19. The Winner shall have the right for 30 days from the Winner Notification Date to notify the Promoter in writing ("Acceptance Notice") that they wish to claim the Prize.

20. If the Winner does not issue an Acceptance Notice in accordance with clause 20, the Winner shall have no right to claim the Prize.

21. Once an Acceptance Notice has been issued the Promoter shall transfer the Prize to the Winner. The Promoter shall be responsible for the cost of carriage of the Prize for the residential address notified by the Winner. The Promoter gives no warranties as to the Prize.

22. The Promoter shall not be liable for any costs incurred by an Entrant in connection with the Competition. In the interests of certainty the Promoter shall not be liable for any legal fees (whether in the UK or otherwise), local taxes or other fees of whatsoever nature incurred by an Entrant.

23. The Promoter shall be entitled to delay the Competition at any time.

Miscellaneous

24. All Entry Fees will be maintained in a separate bank account by the Promoter until the Winner has been determined.

25. The Winner agrees to allow the Promoter to display his or her name on the Website for the purposes of announcing the Winner of the Competition.

26. The Promoter reserves the right to cancel the Competition at any time either before or after the Opening Date. If the Competition is cancelled, the Promoter will return the Entry Fee to each Entrant (either by bank card refund or by cheque and in one combined payment where several entries have been made by an Entrant). Once the Entry Fee is returned, the Promoter shall have no further liability to the Entrant or to any other person.

27. Save for death or personal injury arising from the negligence of the Promoter, the Promoter will not be liable for any loss (including economic loss) suffered to or sustained by any person or property as a result of any act or omission of the Promoter, nor will their servants or their agents in developing, planning and administrating the Competition, distributing the Prize to the Winner, following the distribution of the Prize.

28. The Promoter does not accept responsibility for entries which they do not receive or which are incomplete due to failures in computer systems, failed computer communications, other malfunctions, high Internet traffic, hardware failure, software failure, server faults or any other reason. It is the responsibility of Entrants to contact the Promoters if they do not receive the combined confirmation e-mail and receipt described in clause 4 within 5 days of the submission of the Entry.

29. Each entrant should retain a copy of these Terms and Conditions for their future reference.

Privacy policy

30. By submitting personal data to the Promoter, Entrants agree and consent that the Promoter may collect, use and store such data as described in this Privacy Policy. The Promoter may use the personal data provided by Entrants in order to administer the Website and conduct the Competition according to the Terms and Conditions. The Promoter may also use the personal data to keep Entrants updated about the Competition and may disclose personal data to relevant third parties for the prevention of fraud, money laundering, and for legal or other financial or regulatory reasons. The Promoter will not sell your personal data or make it available to any third parties except as set out in this Privacy Policy. The Promoter has implemented generally accepted standards of technology and operational security in order to protect personal data from loss, misuse, or unauthorised alteration or destruction. The Website may include links to third-party websites - the Promoter can not control and is not responsible for the contents of such websites or for any privacy or data collection policies they may employ. The Promoter reserves the right to amend this Privacy Policy from time to time without prior notice.

31. The Promoter may use cookies from time to time to keep track of Entrants' identity and log-in status. Such cookies only track a PC logging on to the site and cannot on their own identify an individual user of that PC.

32. The Promoter may record requests for site content in order to analyse this information and help improve the Promoters' websites. This information is anonymous and cannot be used to identify individual users.

33. Entrants have the right in the EEA to access information held by the Promoter and where necessary, to have it amended. For more details, please write to the Promoter at Level 29, Chifley Tower, Chifley Sq, Sydney, NSW, 2000.

34. Disputes - Any controversy, dispute, or claim arising shall be resolved through binding arbitration