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Back to CNBC AustraliaCNBC's Trading Matters Challenge Terms & Conditions


CNBC Trading Matters Challenge
Terms and Conditions of Entry and Rules of Contest
November 12, 2007 – February 15, 2008


Promoter:

The Promoter is GE International Inc of Level 4, 450-456 Victoria Road, Gladesville, NZW 2111  (AbN 85 002 420 751).  

Acknowledgment:

By registering to play the CNBC Trading Matters Challenge (the “Contest”) on http://www.tradingmatterschallenge.com.au (the “Site”) and by checking the “I have read and agree to the rules of www.cnbc.com.au’s CNBC Trading Matters Challenge” box on the registration page, you (“you” or “Participant”) acknowledge that you have read these official rules (the “Rules”), understand them and agree to be bound by all of the terms and conditions and any amendments thereto.  Registrants further agree to waive any right to claim any ambiguity or error in the Rules, or the Contest itself.    You also acknowledge that you understand that in registering for the Contest you are required to provide certain personal information to Promoter and/or CNBC, Inc.  You agree that Promoter and/or CNBC, Inc. may disclose the information that you provide to related parties and that Promoter and/or CNBC, Inc. and related parties may use that information for all matters relating to the administration of the Contest.  Where you have agreed, in the course of registering for the Contest, that you would like to receive information about other companies products or services, you also consent to Promoter and/or CNBC, Inc. and its related entities providing your personal information to those other companies for the purpose of them contacting you to inform you about their products and services.  Participants’ personal information may be disclosed to State and Territory lottery departments and winners’ names may be published as required under the relevant lottery legislation. 


Eligibility Criteria:

You must be a legal Australian resident physically residing within the Commonwealth of Australia.  You must also be at least 18 years old or the age of majority in your state/territory of residence, if such age of majority is greater than 18, as of November 12, 2007 and you must hold a valid Australian drivers’ permit/license. Employees of Promoter, NBC Universal, Inc. or any sponsors of the Contest, their respective advertising and promotion agencies as well as members of their immediate families and households (including children, spouses and siblings and/or persons living in the same households as such persons, whether related or not) are not eligible. The Contest is void wherever prohibited, and subject to all federal, state and local laws. 

Registration:

Registration for the Contest is a self-service, online-only process that can be accessed by clicking on the registration page at the Site.  Participants must first register for cnbc.com.au in order to register for the Contest.  No entry fee is required.  Participants may register beginning on October 15th, 2007 at 9:00 a.m..  The Contest will begin on November 12th, 2007 (the “Start Date”).  Any Participant who registers after January 28, 2008 at 9:29 a.m. will not be eligible for winning any prizes.  To be eligible for any Weekly Prize, Participants must register by the Monday of the relevant week by 9:00 a.m., but in no event may any Participant be eligible to win more than one (1) Weekly Prize.  All times listed in these Rules will be Eastern Standard Time / Eastern Daylight Standard Time. 
A Weekly Prize will be awarded for each week of the following weeks of the Contest.  To be eligible for the Weekly Prize, Participants must be registered in accordance with the following schedule:

Week of November 12th Prize: must register by November 12th at 9:29 a.m.
Week of November 19th Prize: must register by November 19th at 9:29 a.m.
Week of November26th Prize: must register by November26th at 9:29 a.m.
Week of December 3rd  Prize: must register by December 3rd  at 9:29 a.m.
Week of December10th Prize: must register by December 10th at 9:29 a.m.
Week of December 17th  Prize: must register by December 17th at 9:29 a.m.
Week of January 7th  Prize: must register by January 7th  at 9:29 a.m.
Week of January 14th Prize: must register by January 14th at 9:29 a.m.
Week of January 21st  Prize:  must register by January 21st  at 9:29 a.m.
Week of January 28th Prize: must register by January 28th at 9:29 a.m.

After the end of the ten (10) weeks listed above, the ten (10) Weekly Prize winners together with the Participants with the ten (10) highest portfolio valuations (collectively, the “Finalists”) will compete for the Grand Prize in a play-off during the remaining two (2) weeks of the Contest (the “Finals”).  For a detailed explanation of portfolio valuation, see below.  In the event that a Weekly Winner is later determined to be ineligible for whatever reason, the Participant with the next highest portfolio valuation for that week will be deemed eligible for that Weekly Prize, however, in such event, there will be no replacement players added to the Finals.  If one or more Weekly Winners(s) also has a top ten portfolio, the Participant with the next highest portfolios(s) will be eligible to participate in the Finals as a Finalist. For purposes of clarification, each Participant may only receive one (1) place in the Finals, irrespective of the number of portfolios entered. The following information is required for registration: first name, last name, valid email address, state of legal residence, telephone number (optional) and year of birth.

By entering, you agree that Promoter may disclose your first name, last name, and state at any time during the course of, or after, the Contest, either on-air on CNBC television or on the Site, at the discretion of Promoter,
Each Participant hereby agrees that any information transmitted to the Site in connection with the Contest is not confidential and such Participant acknowledges that he/she has no expectation of privacy with respect to such information, subject to the terms of the Site’s Privacy Policy.  By completing a registration, you hereby agree that any and all information that you supply in the registration process is current, truthful and complete.  To the extent that any such information is not current, truthful and complete, you may be disqualified from the Contest.

During registration, Participants may be asked whether they wish to receive information from Promoter and/or third party marketing partners of Promoter. By registering for the Contest, you agree to receive Contest updates in the form of emails throughout the Contest Term (as defined below).   If a Participant elects to receive information from such marketing partners, such Participant acknowledges and agrees that such information will be entirely unrelated to Promoter and that Promoter will not be responsible for any of the content of such information. 

Description of Contest:

The Contest is a stock trading game that provides Participants with a fictional trading account, One Hundred Thousand (100,000) fictional dollars (“CNBC Dollars”) and the fictional ability to trade individual stocks on the Australian Securities Exchange 300 Index (“S&P/ASX 300”) exchange. At the end of the Contest, the winner will be announced on CNBC television and/or www.cnbc.com.au. 

Duration of Contest:

The Contest will begin on November 12, 2007 at 9:30:00 a.m. and end on February 15, 2008 at 3:59:59 p.m. (the “Contest Term”). 

Trading:

Each Participant begins the Contest with One Hundred Thousand (100,000) CNBC Dollars to create and manage a fictional portfolio of S&P/ASX 300-traded stocks.  Limit orders, open orders, short selling, margin buying, and the trading of derivatives, options, bonds, mutual funds, exchange traded funds or other securities is not permitted.  The Contest reserves the right to suspend trading in certain stocks or certain types of trades not specified in these rules due to unusual trading situations, computer system errors or situations beyond the control of the Contest.  Each Participant can make as many trades per Day as desired. Each trade will be charged a notional brokerage fee of $32.95 in CNBC Dollars.  A "Day" is defined as 4:00 p.m. to 3:59:59 p.m. on the next trading day.A trade is defined as a single purchase of one or more shares of a single stock for "cash" or a sale of one or more shares of a single stock for "cash."  Participants can enter trades seven days per week, at any time except during the period each day, if any, when maintenance is being performed on the Site.  It is currently expected that such maintenance will take place between approximately 2:00 a.m. and 4:00 a.m. each day; however, such timing may be changed as needed. Participants will have the ability to prioritize trades within a given day of trading; provided that, all sales will be processed before all purchases.  If a Participant does not elect to grant a ranking of priority, trades will default to prioritization based upon the time the trade is entered with earlier trades taking priority over any subsequently entered trades.If a Participant submits a trade that, in Promoter's sole discretion, is inappropriate, such trade will not be processed.  If a Participant enters a trade to buy, and at the time the trade is executed, the Participant's account does not have enough available cash to purchase the number of entered shares, the Participant will receive the maximum number of shares available to be purchased based on the Participant's available cash balance and in accordance with the priority of the stocks to be purchased. Stocks will be purchased in the order of priority until funds in the Participant's account are depleted. Pending trades can be cancelled up until 3:59:59 p.m. on the same day of the trade, however, all trades are final after 3:59:59 p.m.  It is each Participant's responsibility to review the "Pending Trades" section of the Site and confirm that each of his or her entered trades has been executed by the Site.  The Contest will not recognize any attempted trades that have not been executed by the Site.
Pricing of Trades:

Trades submitted on trading days (Monday through Friday, other than market holidays) prior to 3:59:59 p.m. will be priced at real time. The official time for all trades will be determined in accordance with http://www.tradingmatterschallenge.com.au's internal clock, maintained at Promoter offices.All pricing information is received from Comstock, an independent data provider, and Promoter is not responsible for the accuracy of such data. All prices are an approximation of market value at the time each trade is executed.  There is no guarantee that the price at which a Participant buys or sells a stock will match any other price that may be found outside of the Contest.  All prices are final.  Participants will not be permitted to dispute any price at which their trade is executed.
Portfolio Valuation:Each Participant's trades are processed, and his/her portfolio is recalculated every twenty minutes. Portfolio value is based on each stock's real time price, as provided to the Site by Comstock, plus any uninvested cash balances.

Trivia Questions:

On each trading day during the ten (10) weeks of the Contest listed in paragraph 3, under the heading “Registration”, Participants will be given the opportunity to answer one multiple-choice trivia question.  The question (the “Question”) will be asked on the air on CNBC television during the day between 9:30 a.m. and 3:59:59 p.m.  Participants will receive Ten Thousand (10,000) CNBC Dollars for each correctly answered Question. Questions will be posted after 9:30 a.m. each day, and will be available to be answered on the Site until 5:59:59 a.m. the following day.  A Participant who makes three incorrect attempts to answer a Question will be locked out from any further attempts to answer that Question.  The lock out will terminate once that particular Question is no longer available to be answered on the Site.  CNBC Dollars received by a Participant for correctly answering Questions will be added to his/her portfolio’s cash balance by 8:30 a.m. on the day after the trivia question was originally posted.  For purposes of clarification, there will be no trivia questions for bonus CNBC Dollars during Finals.

Refer-A-Friend:

The Refer-A-Friend scheme was terminated as of 30 November, 2007.Portfolio Valuation:

Each Participant’s trades are processed, and his/her portfolio is recalculated, once per trading day, no later than 8:30 a.m. on the following trading day.  Portfolio value is based on each stock’s closing price, as provided to the Site by Comstock, plus any uninvested cash balances. 

Special Processing of Corporate Actions:

The Contest will process stock splits, mergers and acquisitions, halted/suspended trading, delistings and ticker symbol changes. These corporate actions will be processed after the close of the markets on the date they occur, and will not count towards a Participant’s number of weekly trades.  In the event that a Participant’s account does not reflect a corporate action, the Participant must email the Site’s support department no later than 11:59:59 p.m. on the date of such corporate action, with the stock symbol, type of corporate action and effective date. Adjustments will be determined by Promoter in its sole discretion. Trades executed with funds incorrectly deposited due to corporate action issues or Site mistakes will be removed from the Participant’s account, but will count towards a Participant’s maximum daily trades.  The Contest reserves the right to suspend trading in a stock, or take any other action deemed necessary to cause the Site to properly adjust to a corporate action. 

Dividends, whether stock or cash, will not be processed or reflected in the Contest.  In the event of a stock split, the quantity and price of such stock will be adjusted after the market closes on the date of the stock split, and before 9:30 a.m. the following trading day.  If trading on a stock is suspended for any reason other than a merger or acquisition, the Contest will halt trading in the stock and Participants’ portfolio positions in the stock will be frozen until the stock is relisted or trading resumes.  Any suspension, halt or de-listing that recurs for the same stock within one calendar day after resolution or any such action will not be taken into account for purposes of valuation of portfolios for the Contest.  During such time that trading in a stock is halted, Participants will not be permitted to buy or sell such stock. The stock will remain in the Participant’s portfolio and will be valued based on the last price received from the Contest's data feed.  If a company is delisted from its exchange, it will automatically be sold at its last trading price prior to the delisting, as such price is provided to the Site.  In the event a stock is delisted due to a merger or acquisition, it shall be considered the equivalent of a sale and the sale price shall be the final price received by the Site for that stock.  All ticker symbol changes will be reflected on the Site within one (1) business day.
 
Prize Winners:

After trading closes on the Friday of each of the first eleven (11) weeks of the Contest, all trades are processed, all corrections (if any) are made, and all site maintenance is performed, the Participant with the highest percentage gain in his/her total portfolio value during such week will be declared the Weekly Winner for that week and will be entitled to receive a Weekly Prize, as described below, subject to confirmation of eligibility.  In the event of a tie, the Weekly Winner will be determined using the following tiebreakers: First, the highest dollar increase in total portfolio value during such week; Second, the most CNBC Dollars received by answering trivia questions during such week; Third, the most trades made during such week. In the further event of a tie, the Weekly Prize will be awarded to the Participant who registered earliest for the Contest.

Commencing on February 4, 2008 at 9:30 a.m., the ten (10) Weekly Prize winners and the Participants with the next ten (10) highest portfolio valuations will be automatically entered into the Finals. If one or more Weekly Winners(s) also has a top ten portfolio, the Participant(s) with the next highest portfolio(s) will be eligible to participate in the Finals as a Finalist. For purposes of clarification, each Participant may only receive one (1) place in the Finals, irrespective of the number of portfolios entered. There is a limit of 25 trades per day for the duration of the finals (a trade is considered a buy or sell). In the event of a tie, the Participants eligible to enter the Finals will be determined using the following tiebreakers: First, the most CNBC Dollars received by answering trivia questions; Second, the most stock trades during the Contest; and Third, the Participant who registered the earliest for the Contest.  At the beginning of the Finals, the portfolio value for each Finalist will revert to One Hundred Thousand (100,000) CNBC Dollars.

After trading closes on February 15, 2008 and all trades are processed, the Finalist with the highest total portfolio value will be declared the Grand Prize Winner of the Contest and will be entitled to receive the Grand Prize, as described below.  In the event of a tie, the Grand Prize Winner will be determined using the following tiebreakers: First, the most CNBC Dollars received by answering trivia questions; Second, the most stock trades during the Contest; and Third, the Participant who registered the earliest for the Contest.  If there is still a tie, the Grand Prize will be awarded to the first name randomly drawn from among the tied Finalists.

The Participants with the 2nd through 4th highest total portfolio values (such valuation determined based on reconciliation of all activity as of the close of trading on February 15, 2008) (the “First Prize Winners”) will receive the First Prizes.  In the event of a tie, the First Prize Winners will be determined using the following tiebreakers: First, the most CNBC Dollars received by answering trivia questions; Second, the most stock trades during the Contest; and Third, the Participant who registered the earliest for the Contest.

Any Participant who registers after January 28, 2008 at 9:29 a.m. will not be eligible for winning any prizes.  To be eligible to win a Weekly Prize, a Participant must have a total portfolio value of at least Two Hundred and Fifty Thousand (250,000) CNBC Dollars as of 9:29 a.m. on the Monday of the beginning of such week.

Finalists:

Promoter reserves the right to post any and all of the Finalists’ portfolios (as at the close of trading on February 1, 2008 after reconciliation of all activity) on the Site during the remainder of the Contest Term.  By entering the Contest, each Finalist agrees to provide a photograph of himself/herself to Promoter and to permit such photograph to be posted on the Site. 
 
Winner Notification:

After the conclusion of the Contest, the Grand Prize Winner, the First Prize Winners and the Weekly Winners will be notified by phone (if phone number is provided), email and/or mail.  Each of the Grand Prize Winner, First Prize Winners and the Weekly Winners may be required to sign and return to Promoter, within three (3) days of notification, an affidavit of eligibility and liability and publicity release, including evidence of age and residence, unless prohibited by law (the “Affidavit/Release”).  The Affidavit/Release is available for viewing at [link].  If the Grand Prize winner cannot be reached after a reasonable effort has been exerted, if he/she is found to be ineligible, if he/she cannot or does not comply with these Rules, if his/her prize or prize notification is returned as undeliverable, and/or if he/she does not complete and return the Affidavit/Release within the designated time period, that potential winner will be disqualified and the Finalist with the 2nd highest total portfolio value will be declared the Grand Prize Winner. If the alternate potential winner is found to be ineligible, or if he or she has not complied with these Rules or declines a prize for any reason prior to award, another alternate winner (next highest portfolio value) will be selected until the Grand Prize is awarded.  If a First Prize Winner cannot be reached after a reasonable effort has been exerted, if he/she is found to be ineligible, if he/she cannot or does not comply with these Rules, if his/her prize or prize notification is returned as undeliverable, and/or if he/she does not complete and return the Affidavit/Release within the designated time period, that potential winner will be disqualified and the Participant with the next highest total portfolio value will be declared a First Prize Winner.  If the alternate potential winner is found to be ineligible, or if he/she has not complied with these Rules or declines a prize for any reason prior to award, another alternate winner will be selected until all four (4) of the First Prizes are awarded.  No more than the stated number of prizes per these Rules will be awarded.

The Prizes:

One (1) Grand Prize Winner will receive one (1) Maserati Grandsport plus registration and on road costs (the “Grand Prize”). Prize value is $260,000.

Each Weekly Winner will be entitled to open a trading account with E*Trade Australia (a service provided by E*TRADE Australia Securities Ltd) and will receive One Thousand Australian Dollars (AUD1000) in his/her E*Trade account and One Thousand and One Hundred Australian Dollars (AUD1100) worth of brokerage fees.  The opening and operation of all E*Trade Australia trading accounts are subject to all of E*Trade Australia’s standard terms and conditions as applicable from time to time.  If a Weekly Winner is not eligible, pursuant to E*Trade Australia’s terms and conditions, to open the E*Trade Australia trading account, then Promoter shall provide a substitute prize of A$1000 in cash to that Weekly Winner.  Payment of such cash amount to the Weekly Winner shall constitute full satisfaction of Promoter’s prize obligation and no additional compensation will be awarded.  Participants consent to E*Trade Australia communicating with Promoter regarding the opening of the trading accounts (including any unsuccessful attempts to open trading accounts).

The brokerage prize only applies to ASX-listed equity trades.  E*TRADE Australia's standard brokerage is $32.95 (GST-inclusive) on ASX-listed equities trades up to $30,000, and 0.11% (GST-inclusive) on trades over that amount. For the purpose of this prize, total brokerage up to a maximum value of $1100 (GST-inclusive) will not be charged on your first 20 ASX-listed equities trades executed within the first 60 days of account being opened ("Qualifying Period") with a trade value of up to $50,000. Trades must execute within the Qualifying Period to qualify for this prize. The brokerage value on your first 20 ASX-listed equities trades where E*TRADE Australia's standard brokerage does not exceed $55.00 (GST-inclusive; equivalent trade value $50,000), will be deducted from the $1100 prize value, until the prize value has been reached. No brokerage will be shown on the E*TRADE Australia contract notes issued in respect of such trades. Where any of the trades has a value in excess of $50,000, E*TRADE Australia will charge brokerage at its standard rate (0.11%, GST-inclusive) on the excess in trade value above $50,000. These charges will be disclosed on your E*TRADE Australia contract note. Brokerage charged on trades above $50,000 will not form part of this prize, and will not count toward the $1100. This prize is not redeemable for cash and is not transferable. Any portion of the prize value unused within the Qualifying Period will be forfeited. Normal E*TRADE Australia trading account opening and maintenance conditions apply unless otherwise specified here. Applicants must be 18 years or over.

Three (3) First Prize Winners will each receive an IBM ThinkPad Z60t (Model No. 2513-A12, date of manufacture: 26-1-2006).  Prize value: A$3,000 each.

All prize values stated in these Rules are based upon the recommended retail value at the time of release of these Rules.  Promoter accepts no responsibility for change in prize value between now and the ultimate prize redemption date.

Promoter may, in its absolute discretion, invite all or any of the winners to appear on air.  Winners may decline an invitation from Promoter to appear on-air.

In order to accept the Grand Prize, the Grand Prize Winner is required to provide proof of age, residence and valid Australian driver’s license and agrees to be interviewed by CNBC.  The Grand Prize Winner must take delivery of the Grand Prize from authorized Maserati’s authorized dealer in Sydney, European Automotive Imports Pty Ltd (“Dealer”), at 350 Parramatta Rd Homebush NSW 2140 (Heritage Building, Campus Business Park).  Dealer will use all reasonable efforts, subject to availability, to deliver the Grand Prize within 90 days of receipt of completed Affidavit/Release.  In order to accept the Grand Prize, the Grand Prize Winner is required to personally retrieve the Grand Prize and must possess and present adequate personal identification, evidence of legally required insurance, and a valid Australian driver’s license.  Grand Prize Winner bears risk of damage to the Grand Prize after delivery to specified delivery site and the Grand Prize is forfeited if not picked up within 30 days after notification to the winner of delivery to the site.  The Grand Prize shown may not be actual vehicle delivered.  All reasonable efforts shall be used to provide the same model and year as shown or at least a vehicle having substantially the same dealer cost.  If the Grand Prize Winner does not reside in Sydney, he/she will be provided with a one-way ticket from an airport nearest to his/her place of residence to Sydney (on an airline of Promoter’s choice) and accommodation for one night in Sydney (at a hotel of Promoter’s choice) for Grand Prize Winner to travel to Sydney to retrieve the Grand Prize, and Grand Prize Winner will be responsible for collecting the Grand Prize.  Otherwise, the Grand Prize Winner is solely responsible for all travel transportation costs for collecting prize at the Dealer. 
 
The Grand Prize Winner, First Prize Winners and Weekly Winners are responsible for the payment of all taxes attributable to the Grand Prize, First Prize and the Weekly Prize, as applicable. Independent financial advice should be sought as tax implications may arise as a result of accepting a prize.  All other expenses and incidentals not specified herein are the sole responsibility of the winner.  No substitution, transfer, or cash equivalent will be awarded for any prize, except that Promoter may substitute a prize of equal value for any reason. Prize notification will be shipped to an Australian address only.  Any depictions of prize are for illustrative purposes only.  

The award of each First Prize and Weekly Prize is contingent upon confirmation of eligibility and completion of the Affidavit/Release, as required.

Prizes are not transferable or redeemable for cash.  Promoter reserves the right to substitute the prizes above with a prize of equal or greater value at their sole discretion.In the event that any prize component is unavailable for any reason, the remaining elements of the Prize shall constitute full satisfaction of Promoter’s obligation to winner and no additional compensation will be awarded.

Winner Announcement:

For the name of the Grand Prize Winner and Weekly Winners, available after February 16, 2008, visit http://www.tradingmatterschallenge.com.au

A list of the Grand Prize Winner and Weekly Winners will be published on the Australian on February 17, 2008. 

Additional Rules:

By entering the Contest, Participants agree to waive any right to claim any ambiguity or error in these Rules, or the Contest itself, and agree to be bound by these Rules and by all decisions of Promoter, which are binding and final.  Failure to comply with these rules may result in disqualification from this Contest.  In the event of any unanticipated occurrence that was not fully addressed by the Rules, Promoter may modify the Rules to address such occurrence.  Any changes to the Rules will be posted on the Site.

Ownership of Content:

The Contest and the Site, including the artwork, graphics, music and other components included therein (the “Content”), is protected by copyright and trademark laws and international copyright treaties, as well as other intellectual property laws and treaties.  Promoter retains all rights, title and interest, including, without limitation, ownership of all intellectual property rights relating to the Content or otherwise residing within the Site.   

Participant Behavior:

Promoter reserves the right to prevent access by any Participant who acts irresponsibly or inappropriately in playing the Contest.  As on-air references will be made using Participant’s usernames, Participants should not include any personal information in their usernames.  Promoter reserves the right to reject any username that it considers inappropriate, in its sole discretion.  Although all trading in the Contest is fictional, Participants are expected to engage in trading activity that fully complies with all federal and state securities laws (including without limitation insider trading), as if they were trading actual stocks.  Promoter reserves the right to terminate Contest participation by any Participants suspected of cheating, attempting to exploit the Contest or other inappropriate behavior.  All such action will be determined by Promoter in its sole discretion.

At various times during the Contest, one or more of the Participants who are among the leaders in total portfolio value, including the eventual Grand Prize Winner and Weekly Winners, may be given the opportunity to appear on-air on CNBC television to discuss their strategy in playing the Contest.  A Participant may decline an invitation to appear on-air.  If any such Participant is a financial professional, he/she will be required to comply with CNBC television’s Guidelines for Appearances by Financial Professionals, which will be provided to them prior to their appearance.  These guidelines require financial professionals to disclose their own and their family’s stock holdings in any security they discuss, as well as whether their firm owns one percent (1%) or more of the company’s stock.  They also must disclose whether their firm has had a fee-generating relationship (investment banking or other) or whether it intends to seek such a relationship within the next three months, with a company they are discussing on-air.  The guidelines also require disclosure of the potential for other conflicts, such as board memberships, advisory committees or officer positions. 

Performance of Site
:

Promoter is not liable for any delay or failure of the Site or the Contest to perform.  There is no guarantee that Participants will be able to access the Site whenever and wherever they want.  There may be extended periods of time when Participants cannot access the Site.  Heavy Site activity may affect Participants’ access to the Site.  No corrections or adjustments will be made for trades, attempted trades, or missed trades affected by the operation or downtime of the Site.  The Contest will not recognize attempted trades that were not processed by the Site.

No Investment Advice
:

You understand and hereby agree that the Contest and Promoter do not recommend any security, financial product or instrument, nor does any mention of a particular security on the Site constitute a recommendation to buy, sell, or hold that or any other security, financial product or investment discussed herein. You also understand and acknowledge that neither the Contest nor Promoter provide tax, legal or investment advice. You further understand and hereby agree that the Contest and Promoter do not offer or provide any investment advice or opinion regarding the nature, potential, value, suitability or profitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. You hereby agree that any investment decisions you make will be based solely on your evaluation of your financial circumstances, investment objectives, risk tolerance, financial condition, and liquidity needs.

Governing Law:

These Rules shall be governed by, and construed in accordance with, the laws of the State of New South Wales, without regard to conflict of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Rules shall be an appropriate state or federal court located in the State of New South Wales, and your use of and access to this site acts as an express consent to the jurisdiction of such appropriate state or federal court located in the State of New South Wales. Use of and access to this Site is unauthorized in any jurisdiction that does not give full effect to this paragraph. Promoter and its affiliates reserve the right to make changes to this Site, these disclaimers or the Rules at any time. If any controversy or claim arising out of or relating to the Rules, or the breach of any term hereof, cannot be otherwise resolved, it shall be resolved by binding arbitration conducted in Sydney and administered by the Australian  Commercial Disputes Centre (ACDC) in accordance with its prevailing rules and procedures.  The ACDC’s rules for selection of an arbitrator shall be followed, except that the arbitrator shall be an experienced arbitrator licensed to practice law in New South Wales. 

Disclaimer:

Winners assume all liability for any injury or damages caused or claimed to be caused by his or her participation in the Contest and/or the acceptance and/or use of any prize, and release Promoter and its parents, subsidiaries, affiliates, agents and assigns and advertising and promotional agencies and their respective officers, directors, and employees (collectively “Released Parties”), from any such liability.  Released Parties assume(s) no responsibility for any injury or damage to Participant’s or to any other person’s computer relating to or resulting from this Contest. Promoter is not responsible for telecommunications, network, electronic, technical or computer failures of any kind, for inaccurate transcription of entry information, errors in any promotional or marketing materials, errors in these rules, for any human or electronic error, including but not limited to, the administration of this Contest, or for entries that are stolen, misdirected, garbled, delayed by computer transmissions, lost, late, damaged, or postage due. Entry constitutes permission (except where prohibited by law) to use winner's name, city, state, likeness and/or voice for purposes of advertising, promotion and publicity without additional compensation. Any attempt by a Participant or any other individual to deliberately damage any online service or Web site or undermine the legitimate operation of the Contest or the Site is a violation of criminal and civil laws and should such an attempt be made, Promoter reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law.

General:

The Contest is for entertainment purposes only.  Use of the Site is limited to personal, non-commercial use and the content contained therein may not be copied, modified, duplicated or distributed in any form or for any reason without the express written consent of Promoter.    These Rules constitute the agreement of Participant and are subject to changes by Promoter without prior notice.   Promoter reserves the right to cancel the Contest at any time, without prior notice, for any reason or no reason.  Data provided on this Site may be delayed as specified by financial exchanges information providers.  Promoter furnishes the information available on this Site without responsibility for accuracy and Participants agree that errors contained in such information shall not be made the basis for any claim, demand or cause of action. Promoter and its vendors believe their data and text services to be reliable, but accuracy is not warranted or guaranteed.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PROMOTER EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND TITLE AND NON-INFRINGEMENT.  PROMOTER DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR THE CONTEST IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE.  

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Permits

Authorised under Permit Numbers

NSW: LTPS/07/25968
ACT: Not Required
SA: Not Required
Vic: Not Required

Current DateTime: 05:26:23 10 Nov 2009
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Current DateTime: 01:02:20 10 Nov 2009
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Current DateTime: 01:17:18 10 Nov 2009
LinksList Documentid: 29779199

Current DateTime: 01:06:21 10 Nov 2009
LinksList Documentid: 29779198
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