Terms and Conditions

Terms of Access

These terms and conditions ("Terms") set out how you may enter into, and continue to participate in, the Jimungo community ("Community"). Please read through these Terms carefully. If you do not accept the Terms, do not enter the Community. If you do not accept any changes to these Terms do not continue to participate in the Community. By entering and continuing to participate in the Community, you are indicating your acceptance of the Terms (including any changes) and your willingness to be bound by them.

Introduction

By entering the Community, you confirm that you are an individual who is at least 18 years old, or, if you are under 18, that you have parental/guardian consent to do so.

The terms 'you', 'participant' and 'user' are used, for the purposes of the Terms, to refer to any individual or entity participating in the Community. The expressions 'us', 'we' or 'our' refer to APN Online (New Zealand) Limited and their partners.

Country of Residence

The Community is open to any resident of any country who is 18 years and over, provided that it is legal for that person to enter in their own country, state or jurisdiction.

Changes

We may, at any time, amend or delete any of these Terms. Please ensure that you check the Terms on a regular basis to review any changes we have made. Your continued participation in the Community following the publication of any changes to the Terms and/or the Rules confirms your acceptance of those changes.

Registration

To enter the Community, you need to register and provide accurate and complete registration information. It is your responsibility to update and maintain that information by advising us of changes to your details as appropriate. Registration is for a single user only. On registration, you will need to select a "player name" and password. We will not permit:

• any other person to register using your player name and player code;
• any other person sharing your player name and password;
• any offensive words or word strings (we reserve the right to edit your player details should we find any of your player details offensive).

When you register to participate in the Community, you will be obliged to click on an icon confirming that you have read, understood and accepted these Terms. You will not be allowed to register unless you have indicated acceptance of the Terms and any other terms and conditions which may apply.

You must keep your password confidential at all times. Any entry or picks submitted using your player name and password will be deemed to have been submitted by you, and we do not have any responsibility or liability for any entry or picks submitted using your details.

On registration at the Community you agree that we can hold your registration details so we can invite you to participate in future seasons or tournaments.

Prizes

The winner of the Grand Prize will be the participant who has accumulated most points during the Competition under the one player name. The winner of the Grand Prize will be notified by email. In the event of a tie between one or more participants, the winner of the Grand Prize will be selected by random draw between those highest scoring participants by the judges

In the event of a tie between one or more participants for any other prize, the winner will be decided by the person who has invited the most friends to join the competition; In the continued event of a tie a random draw between those highest scoring participants by the judges will be undertaken. No prize may be redeemed for cash or any other reward. No prize may be transferred.

We reserve the right to make any changes to any prizes and to provide the winner with a substitute prize.

The judges' decision is final and no correspondence whatsoever will be entered into regarding the Competition.

Prizes are available to New Zealand residents only. International participants are not eligible for prizes. Participants must be in New Zealand to collect the prize.

We will not be liable for delays in the delivery of any prizes, or the non-delivery of any prizes.

We reserve the right to make whatever enquiries we see fit to prove the identity and eligibility of any participant and/or winner.

No participant under the age of 18 years can win the grand prize.

Winners will be notified by phone/mail. The Promoter and Jimungo have no responsibility or liability for the inability to contact prize winners due to illegibility or error in information provided by the entrant or subsequent change of address or phone number. If the Promoter is unable to contact any winner within 21 days of the draw date, that prize will be redrawn.

Submission of Competition Entries

All competition entries must be submitted via this on-line website. An entry will only be deemed to be accepted upon receipt by you of confirmation, from us, that your selection has been received.

All entries must be made by 6.00pm or as advised by Jimungo from time to time on the close off day for each round to which the entry relates. No entries will be accepted after these times. Participants are entitled to 'default picks' on a pre-determined number of occasions (game dependent) if they do not make their picks in time.

Winning team selections and winning margin selections may be changed any number of times, up until the round closes, or as advised by Jimungo from time to time, on the close off day for the round. All updated selections must be re-submitted. An updated entry will only be deemed to be accepted upon receipt by you of confirmation, from us, that your selection has been received.

Any entry which is incomplete, illegible, after the deadline or otherwise does not comply with the Rules and/or these Terms will be disqualified.

We will not have any responsibility or liability for late or undelivered entries, communications or for any technical failure, malfunction or difficulty, or any other event causing disruption to or corruption of the Competition.

No purchase is necessary to enter the Competition or Community.

We will not have any responsibility or liability for the predictions or selections made, or information provided, by any person or entity which is displayed on this website. If you take the comments, predictions, selections and/or information of any other person or entity into consideration you do so entirely at your own risk.

Your participation in the Community

You agree not to:

• impersonate another person or use a false name or name you are not authorised to use, or create a false identity or email address or try to mislead others as to the identity or origin of any communications;
• modify, access or make available data stored on a computer device which you have accessed through our network, when either the owner of the data or computer device has taken steps to prevent you from doing this or the owner has expressed a wish that you do not do this;
• make available or upload files that contain software or other material, data or information not owned or licensed to you or collect information about others (such as names and addresses) without their prior consent;
• damage, interfere with or disrupt access to the Community or this website or do anything which may interrupt or impair its functionality including by means of submitting a virus to this website, overloading, "flooding", "spamming", "crashing" or "mailbombing";
• make any commercial or business use of the Community to resell or commercially benefit from any party of aspect of the Community;
• publish, post, distribute, disseminate or otherwise transmit defamatory, offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;
• publish, post, distribute, disseminate or otherwise transmit content that you did not create or you do not have permission to post.
• threaten, harass, stalk, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
• Solicit personal information, passwords or other information from other users
• make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, "Trojan horses", "worms" or any other harmful software;
• falsify the true ownership of software or other material or information contained in files made available via this website;
• forge any TPC/IP packet header or any part of the header information in any e-mail or newsgroup posting;
• obtain or attempt to obtain unauthorised entry, through whatever means, to the Community, this website or computer systems or area of our or any of our partners' networks which are identified as restricted.
• Make personal or verbal contact with the organizers or sponsors of the game via any means other than the webmaster email address.
• Enter fake or incorrect scores into the Update Score function

You are and remain solely responsible for the content of any comments or other postings submitted to us via your registration details. You are also responsible for your interactions with other members of the Community. We reserve the right (but have no obligation) to monitor and moderate disputes between members of the Community.

Jimungo may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including but not limited to Content that in the sole judgment of the Company violates these terms of use. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.

You authorise us by posting content to the site to make such copies thereof as we deem necessary in order to facilitate the storage and serving of that Content. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide licence (with the right to sublicence) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose. If you remove your User Content from the Site at any time, the licence granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. Jimungo does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

Copyright

By contributing content to this site, you retain ownership of the copyright, and you also grant Jimungo permission to display and distribute that content. You are responsible for the content of the material you make available through the Community. Jimungo has no responsibility for the content of any messages or information posted. However, Jimungo retains the right, which we may or may not exercise, in our sole discretion, to review, edit or delete from the service any third-party material which we deem to be illegal, offensive or otherwise inappropriate.

Jimungo respects the copyrights of others. If you believe that your copyrighted work has been copied and is accessible through the Jimungo Community in a way that constitutes copyright infringement, please send a notice to our Copyright Agent providing the following information:

• The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located, such as the URL where it is posted;
• Your name, address, telephone number and email address;
• A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law; and
• A statement by you that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Jimungo's Copyright Agent for notice of claims of copyright infringement can be reached by mail:

APN Online (New Zealand) Limited Attn: Copyright infringements

PO Box 32

46 Albert St, Auckland 1010, New Zealand.

Jimungo has adopted a policy of terminating the accounts of users that are found to infringe the copyrights of others.

Use of participants' details

Details of the participants in the Community will be displayed on various pages of the site. You agree that we can display your "player name" together with your score and other information.

By entering the Community you give us permission to use your name and your "playername" (e.g. John Smith known as "Gnasher") without compensation.

Participants consent to other participants searching their first and last names on the site using the “Search” features. Participants also consent to having their first and last names available to all fellow Group members upon accepting an invitation to join a Jimungo Group.

Communication policy

We will not respond unless required to do so by law to any email or posting which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material. We reserve the right to take such action as we, in our discretion, see fit in respect to such material.

Any communication or material you transmit to this website by email or otherwise, including data, questions, comments, suggestions or the like, will be treated in accordance with our Privacy Policy. We reserve the right to use any ideas, concepts, know-how or techniques contained in any communications you send to this website for any purpose whatsoever, without the need to pay any royalties or other amounts.

You agree that we may send you emails for the purpose of advising you of changes or additions to this website, of future competitions, or for promotional purposes. However, you have the opportunity to opt out of receiving communications from us and our partners at any time. To be removed from our mailing list, please ensure you click on the opt-out link in any of the emails that are sent to you.

General disclaimer

Whilst we will endeavour to ensure that the content on the website (including (without limitation) all information on it, whether provided by us or not) (“Content”) is error-free, we do not warrant its accuracy, adequacy or completeness or that it is suitable for your intended use. The Content may contain inaccuracies and typographical errors. The Content may be updated at any time and may, at times, be out of date, inaccurate and/or incomplete. We do not have any responsibility for keeping the Content up to date, accurate and/or complete, nor do we have any liability for any failure to do so.

This website, the Content and access to the Community is provided on an "as is" basis and there are no representations or warranties of any kind about the website, the Content and/or the Community. This website may not be continuously available and we make no assurances it is free from computer viruses or any other malicious or impairing computer program.

You agree that all conditions, warranties and representations in respect of this website, the Content and the Community of any kind, including (without limitation) accuracy, quality, suitability, fitness for purpose, or completeness of any Content, are excluded to the fullest extent permitted by law.

Exclusion of liability

By entering the Community, and/or continuing to participate in it, you release us, Jimungo , and our respective associates, partners and agents from any responsibility or liability, howsoever caused, to yourself, your property or any third party or their property for damages, losses or injury (including (without limitation) entering, downloading and/or relying on any Content from this website).

In no event will we (or any of our employees or agents, or any other party involved in creating, producing or delivering the Community) have any liability of any description including liability for negligence, for any damage or loss (including direct, incidental, consequential, indirect or punitive damages, loss of business, profits or revenue) whatsoever arising from your participation or inability to participate in the Community or in respect of the Content or use of this website.

Software

We are not responsible for any technical or other problems that may arise if you download software from any third party website (such as Acrobat Reader or Macromedia Flash) or upgrade your browser software to enhance your use of this website.

Indemnity

You agree to indemnify Jimungo (and our respective employees and agents) from and against all and any expenses, losses, liabilities, damages and costs of any nature (including solicitor and own client costs) incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from your use of this website, your participation in the Community, your reliance on any of the Content and/or a breach of these Terms.

Links to other websites

This website and user content posted to it may contain links to other websites ("linked websites"). Those linked websites are provided for convenience only and may not remain current. The linked websites are not under our control and are not maintained by us. We have not reviewed the content displayed on the linked websites, or any products or services offered on them. We have no responsibility for the content of linked websites or for the removal of posted links when those linked websites breach these terms.

Links to other websites should not be construed as our endorsement, approval or recommendation of the content, owners or operators of those linked sites. Your dealings with those parties are solely between you and such party. You agree that we are not liable for such dealings and you also agree to indemnify us and Jimungo in the manner referred to above in relation to such dealings.

Termination

We may suspend or cancel the Community or your participation in it at any time without notice. We may suspend, cancel or terminate any user accounts at any time for any reason or no reason at our sole discretion. Our general disclaimer and limitation of liability will survive such cancellation.

Privacy Policy

We take your privacy seriously. Please view our Privacy Policy.

Governing law and jurisdiction

These Terms are governed by and interpreted in accordance with the laws of New Zealand and you irrevocably agree that the courts of New Zealand will (save as expressed below) have exclusive jurisdiction to settle any dispute which may arise in connection with these Terms.

For our benefit, we retain the right to bring proceedings as to the substance of any matter in the courts of your country of residence or, where these Terms are entered into in the course of your business, the country of your principal place of business.