Ever had the most epic idea for a prank, but couldn't quite pull it off? We can help. Tell us your greatest prank concept, and we could give you a massive $10,000 budget to execute it, a film crew to capture the whole thing, PLUS $5000 cash!
https://www.facebook.com/jacklinksbeefjerkyAU?sk=app_162098767254434JACK LINK’S COMPETITION – "WORLD'S GREATEST PRANK"
TERMS AND CONDITIONS (AUSTRALIA)
Information on how to enter the Competition is available on the Facebook Page and forms part of these Terms and Conditions. As a condition of participation and registration, the Entrant agrees to be bound by these Terms and Conditions and any variations thereto. The Promoter reserves the right to amend the Terms and Conditions from time to time and implement additional rules, policies or procedures for the Competition.
1. DEFINITIONS
1.1 "Agreed Production Costs" means the Production Costs submitted by the Winner and approved by the Promoter.
1.2 “Cash Prize” means the prize of five thousand dollars ($5,000.00) AUD awarded to the Winner in accordance with Clause 7 of these Terms and Conditions.
1.3 “Competition” is the Jack Link’s “World's Greatest Prank” promotional competition run by the Promoter in accordance with these Terms and Conditions and any other information provided to the Entrants (including on the Facebook Page).
1.4 “Competition Period” is the period commencing on Monday 9 July 2012 and ending on Friday 31 August 2012.
1.5 “Entrant” is a person who enters the Competition by submitting an Entry in accordance with these Terms and Conditions.
1.6 “Entry” means the Prank Summary and Submission Information.
1.7 "Estimated Production Budget" means the estimate of the production costs required to produce the Prank prepared by the Entrant in accordance with Clause 3.3.
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1.8 "Prank" means the original idea for a prank conceived by the Entrant.
1.9 "Prank Summary" is the description of the Prank (including the title of the Prank) prepared by the Entrant in one hundred (100) words or less.
1.10 “Prize” is the Cash Prize and Production Prize awarded by the Promoter to the Winner in accordance with Clauses 5, 6 and 7.
1.11 "Production Budget" means the production budget of ten thousand dollars ($10,000.00) AUD.
1.12 "Production Prize" means the prize awarded by the Promoter to the Winner to enable the Winner to complete the Prank.
1.13 "Production Costs" means the production costs of effecting the Prank incurred by the Winner. The Production Costs will exclude the costs of filming the Prank.
1.14 “Promoter” means Jack Link’s – Australia, LLC (ABN 21 103 798 125) of Suite 610, 12 Century Circuit, Baulkham Hills NSW 2153, Ph: 02 8853 7850, Fax: 02 9332 6193.
1.15 “Promoter’s Brand Agency” means Merchantwise located at First Floor, 266 – 268 Chapel Street, Prahran, VIC 3181.
1.16 "Promoter's Facebook App" means the Promoter's Competition Application located on the Facebook Pages.
1.17 "Promoter's Facebook Pages" means the Promoter's Facebook Page located at:
http://www.facebook.com/jacklinksbeefjerkyAU1.18 "Shortlist" means the list of two (2) - five (5) Entries determined by the Promoter in accordance with Clause 3.1.
1.19 "Shortlisted Entrants" means the Entrants whose Entries have been included in the Shortlist in accordance with Clause 3.1.
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1.20 "Shortlist Application Form" means the shortlist application form annexed to these Terms and Conditions at Annexure A.
1.21 “Submission Information” means the information provided by the Entrant in accordance with Clause 2.5 of these Terms and Conditions.
1.22 "Suppliers" means the suppliers engaged by the Winner and approved by the Promoter to effect the Prank.
1.23 "Talent Release Form" means the talent release form annexed to these Terms and Conditions at Annexure B.
1.24 "Tax Invoices" means the formal, written tax invoices provided by the Suppliers in relation to their costs associated with effecting the Prank.
1.25 "Video" means the video recording of the Prank by the Promoter.
1.26 “Vote” means a vote submitted by a Voter on the Facebook Page.
1.27 “Voter” means a member of the general public who submits a Vote on the Facebook Page during the Voting Period.
1.28 “Voting Period” means the period commencing on Sunday 16 September 2012 at 6.00 am (AEST) and concluding on Sunday 23 September 2012 at 11.59 pm (AEST).
1.29 “Winner” means the Entrant who receives the highest number of Votes in the Competition (or as otherwise determined in accordance with Clause 5.5 of these Terms and Conditions) and is entitled to the Prize in accordance with Clause 5 of these Terms and Conditions.
1.30 "Winning Entry" means the Entry submitted by the Winner.
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2. COMPETITION ENTRY DETAILS
2.1 Entry into the Competition is deemed acceptance of these terms and conditions of entry and Entrants must comply with these Terms and Conditions for their Entries to be valid.
2.2 The Competition commences on the first date of the Competition Period at 6.00 am (AEST) and closes on the last date of the Competition Period at 11.59 pm (AEST).
2.3 The time of entry into the Competition will in each case be the time that the Entry has been received by the Promoter in accordance with the entry process detailed in this Clause 2.
2.4 Subject to Clause 2.5, entry is open to all Entrants who are permanent residents of Australia and who are residing in Australia at the time of submitting their Entry.
2.5 The minimum age for entry to the Competition by an Entrant is fifteen (15) years. Entrants under the age of eighteen (18) years must obtain prior permission to enter the Competition from his or her parent or guardian (who must be over the age of eighteen (18) years).
2.6 Directors, management, employees and their immediate families of the Promoter and their associated agencies and companies are not eligible to enter the Competition. “Immediate family” means any of the following: spouse, ex-spouse, de-factor 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 first cousin.
2.7 Entry is effected by Entrants submitting their Entry via the Facebook App on the Facebook Pages during the Competition Period only.
2.8 Entrants will be required to supply all the following details for their Entry to be valid:
(a) Full name;
(b) Current email address;
(c) Details of the State the Entrant currently resides in; and
(c) The Prank Summary.
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2.9 To enter the competition, Entrants must successfully:
(a) Access the Promoter's Facebook Page;
(b) "Like" the Promoter's Facebook Page;
(c) Access the Promoter's Facebook App;
(b) Insert his or her Submission Information in the Entry Form; and
(c) Insert the Prank Summary in the Entry Form.
2.10 The Promoter has not designated a maximum number of Entries that may be submitted by an Entrant to the Competition. However, each Entry by an Entrant must be submitted separately and in accordance with these Terms and Conditions.
2.12 In order to be considered eligible, an Entrant’s Entry must meet the following criteria:
(a) The Prank Summary must include a title, be described in one hundred (100) words or less, and may include attachments such as sketches, diagrams and/or videos;
(b) The Prank must be an original concept and must not have been made available for broadcast by or on behalf of the Entrant for viewing by any member of the public other than privately by the Entrant on a confidential basis and the Prank must not have been previously submitted for any other competition; and
(c) Incomprehensible, incomplete, dangerous or offensive Entries will be deemed invalid in the absolute discretion of the Promoter.
2.13 Following submission of an Entry, the Entrant will receive an email confirmation at the email address provided by the Entrant in accordance with Clause 2.8(b). The following Wall Post may also be included on the Entrant's Facebook Page:
"I've just entered Jack Link's World's Greatest Prank, for my chance of planning a $10,000.00 prank."
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2.14 Prior to establishing the Shortlist referred to in the following Clause 3 of these Terms and Conditions the Promoter will be entitled to post noteworthy Entries on the Promoter's Facebook Pages.
3. DETERMINATION OF THE SHORTLIST
3.1 Once all Entries have been submitted in accordance with the entry details outlined in Clause 2 of these Terms and Conditions, the Promoter will review the Entries and create the Shortlist.
3.2 For the purpose of creating the Shortlist in accordance with Clause 3.1, the Promoter will have regard to the creativity, humour, viability and suitability of the Entries.
3.3 For the purpose of creating the Shortlist, the Promoter will:
(a) contact an Entrant to discuss the Entry; and
(b) ask the Entrant to complete the Shortlist Application Form.
3.4 The Shortlisted Entrants will be notified of their Entry's inclusion on the Shortlist by the Promoter by email to the email address provided by the Entrant in accordance with Clause 2.8(b)
3.5 The Promoter will post the Shortlisted Entries on the Promoter's Facebook Page.
3.6 The Promoter reserves its right to amend the Shortlist Application Form (including the Talent Release Form) at any time during the Competition Period.
3.6 The Promoter’s decision in accordance with this Clause 3 will be final and the Promoter will not enter into any correspondence regarding the constitution of the Shortlist.
4. VOTING
4.1 Once the Shortlisted Entries have been posted on the Promoter's Facebook Page, the general public will be invited to submit an online Vote for his or her favourite Shortlisted Entry during the Voting Period only.
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5. DETERMINATION OF WINNER
5.1 The Winner will be determined by the Promoter within fourteen (14) days of the conclusion of the Voting Period at the location of the Promoter’s Brand Agency.
5.2 There will only be one (1) winner of the Competition who will receive the Prize.
5.3 The Winner will be determined as the Entrant who has received the highest number of Votes submitted online by Voters on the Promoter's Facebook Page during the Voting Period.
5.4 In the event that there is a tie in the number of Votes submitted by the Voters, the Winner will be determined by the Promoter in its absolute discretion.
5.5 The Promoter will judge the tied Shortlisted Entries in accordance with the following criteria:
(a) individuality;
(b) creativity; and
(c) sense of humour.
5.6 The decision of the Promoter will be final and the Promoter will not enter into any correspondence regarding its decision.
5.7 The Winner will be notified by email seven (7) days after the Winner has been determined in accordance with Clause 5.1 that he or she has been awarded the Prize by the Promoter.
5.8 The Entrant acknowledges that the Competition is a game of skill and chance will play no part in determining the Winner.
6. PRODUCTION PRIZE
6.1 Once the Winner has been notified in accordance with Clause 5.7, he or she will be contacted by the Promoter and asked to submit to the Promoter:
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(a) a final written script for the Prank based on the Prank Summary submitted as a part of the Winning Entry;
(b) the Production Costs;
(c) the address details of the location where the Video will be filmed; and
(d) executed Talent Release Forms completed by all proposed participants in the Prank.
6.2 The items referred to in Clause 6.1 must be provided to the Promoter in accordance with its instructions within fourteen (14) days of being contacted by the Promoter in accordance with Clause 5.7.
6.3 For the purpose of preparing the Production Costs in accordance with Clause 6.1(b) the Entrant must obtain and provide to the Promoter written quotations from all suppliers for their costs associated with effecting the Prank. The Production Costs will exclude the costs of filming the Prank, which will be borne by the Promoter.
6.3 Once the Promoter has received and approved the items referred to in Clause 6.1, the Promoter will arrange for a film crew to be sent to the location referred to in Clause 6.1(c) to film the Video.
6.4 The Video will be used by the Promoter to promote its products.
6.5 The Promoter will pay the Agreed Production Costs directly to the Suppliers within fourteen (14) days of the Promoter receiving the Tax Invoices.
6.6 In the event that the Tax Invoices are higher than the Production Budget, the balance owing to the Suppliers will be subtracted from the Cash Prize.
6.7 The Promoter will only be liable to pay the total value of the Production Prize and the Cash Prize. The Promoter will not be liable to pay any additional amounts payable to the Suppliers including any costs associated with delays in filming the Video caused by bad weather, cancelled flights, technical difficulties etc) with such amounts to be borne by the Winner.
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6.8 The Promoter will not be liable to award the Production Prize to the Winner in the event that the Winner does not comply with these Terms and Conditions.
7. CASH PRIZE
7.1 The Cash Prize will be paid by the Promoter to the Winner within fourteen (14) days of the date that:
(a) the Video is filmed and produced to the satisfaction of the Promoter; and
(b) all Tax Invoices issued by the Suppliers and submitted to the Promoter by the Winner have been paid by the Promoter.
(whichever is later).
7.2 The Cash Prize will be paid into the Winner’s nominated bank account, with such details to be advised by the Winner to the Promoter within fourteen (14) days of the Winner being notified of the Prize in accordance with Clause 5.7.
7.3 The Promoter nor its agents, suppliers or vendors, shall not in any circumstance or event whatsoever, be responsible or liable for misdirection of any prize or for loss, damage or destruction of the Prize in transit.
7.4 The Promoter will not be liable to award the Cash Prize to the Winner in the event that the Winner does not comply with these Terms and Conditions, including but not limited to compliance with Clause 6.1(d) of these Terms and Conditions.
8. RUNNING THE COMPETITION
8.1 The Winner agrees to participate in any news media activities surrounding the Competition such as photographic shoots and interviews.
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8.2 The Promoter reserves the right to request that the Winner’s provide proof of identity, proof of residency at the nominated prize delivery address. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter, and the Promoter’s decision is final. In the event that the Winner cannot provide suitable proof, the Winner will forfeit the prize in whole and no substitute will be offered.
8.3 The Promoter reserves the right to verify the validity of Entries and to disqualify any Entry which, in the opinion of the Promoter, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, disqualify any Entrant who tampers with the entry process, who submits an Entry that is not in accordance with these terms and conditions of entry, or who has, in the opinion of the Promoter, engaged in conduct in entering the Competition which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Competition and/or the Promoter. The Promoter reserves the right to disqualify a winner if the Promoter becomes aware that the Winner and/or the Winner’s Entry is of a type described in this Clause.
8.4 If the Prize is unclaimed by the Winner after a period of three (3) months from the announcement date of the Winner, the Prize will be forfeited, subject to State regulations.
8.5 If for any reason this Competition is not capable of proceeding as planned by the Promoter, including (but not by way of limitation) due to infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any cause beyond the control of the Promoter which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Competition, the Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Competition.
8.6 The Promoter will not award the Prize if the Competition is cancelled, terminated or suspended in accordance with Clause 8.5.
8.7 The Promoter reserves its right in its sole discretion to disqualify an individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the Competition.
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8.8 Neither the Promoter, its agents affiliates or representatives is responsible, to the extent permitted by law, for acts of god, acts of terrorism or war (declared or undeclared), natural disasters or events beyond their control which prevents the Promoter from awarding of the Prize, or subject to any applicable laws, for any decision to cancel, terminate, modify or suspend the Competition.
8.9 No responsibility will be taken by the Promoter for lost, late or misdirected entries due to technical issues or any other reason.
8.10 The Promoter reserves the right to exclude any person from participating in the Competition or the Prize for any reason, including but not limited to, the person’s criminal or medical history, the preservation of the safety of the Promoter’s staff members or affiliates or any other person or because the Promoter deems in its own discretion that the behavior of a person may bring the Promoter’s brand into disrepute.
9. USE OF DATA
9.1 By entering the Competition (and thereby accepting these Terms and Conditions) the Entrant consents to the Promoter collecting, retaining and using the information provided by the Entrant as part of the Entry process for the purpose of promoting and marketing the Competition, the Promoter and its business without any further reference, payment or other compensation to the Entrant.
10. INTELLECTUAL PROPERTY
10.1 Each Entrant warrants and confirms that the Entrant has obtained permission from the owner of the copyright in any sound recordings, underlying musical works or other copyright material included by the Entrant in the Entry and Video and permit further use and/or exploitation and/or development of the Video without further reference to payment to such parties, in accordance with these Terms and Conditions and other information governing the Competition.
10.2 The Entrant warrants and confirms that he or she will obtain from each contributor to the Video and in respect of all copyright material embodied within the Video (including recordings and musical works) a written consent allowing the Entrant to do or omit to do anything which may
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infringe any and all moral rights of the contributor including to edit, alter and/or reproduce the work of the contributor and/or the copying materials, in any manner or context, and such consents have been obtained to the full extent permitted under the Copyright Act 1968 (Cth). The Entrant hereby grant such waiver of rights to the Promoter, and confirms the Entrant’s waiver of all such rights.
10.3 By entering this Competition all Entrants:
(a) Assign to the Promoter all right, title and interest (including present and future copyright) in their Entry (including the Winner's Video) and the publicity materials in all media now known or hereinafter devised;
(b) Agree not to assert any moral rights in respect of their entry (including the Video) and the publicity materials (wherever and wherever such rights are recognized) against the Promoter, its assigns, licensees and successors in title;
(c) Undertake to the Promoter to execute any further documents required to give effect to this Clause; and
(d) Warrant that their entry will not infringe the rights of third parties, is original and is not criminally obscene or defamatory.
10.4 The Entrant acknowledges that the name and photograph of the Winner may be used for promotional purposes by the Promoter unless the Winner specifically notifies the Promoter in writing at the time of accepting the Prize.
11. PRIVACY CONSENT
11.1 By entering the Competition, all Entrants give their consent for the Promoter to collect personal information to process competition entries, and at any time, to contact Entrants by any means (including but not limited to, email, SMS, phone) to provide information on the Promoter’s events, goods, services or promotions of interest. The Promoter respects the privacy of each Entrant and will not disclose any personal details to any unrelated third party unless required by law.
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11.2 Entrants can access their personal details and make corrections to them, in accordance with the Privacy Act and the Promoter’s privacy policy, by contacting the Promoter.
11.3 Entrants can unsubscribe from the Promoter’s customer base at any time.
12. LIMITATION OF LIABILITY
12.1 The Promoter shall not be liable for any loss, damage or injury suffered or sustained (even if caused by negligence) as a result of this Competition or accepting and/or using the Prize, except for liability which cannot be excluded by law, and each Entrant agrees to release and indemnify, defend, and hold harmless the Promoter and its agents, suppliers and vendors from any liability, loss, claim, damages and expenses (including reasonable solicitors' fees), whether direct or indirect, relating to violation of these Terms and Conditions, or due to some negligent act or omission.
12.2 To the maximum extent permitted by applicable law, in no event shall the Promoter, its agents, suppliers or vendors be liable for any direct, indirect, special, punitive, incidental, exemplary, contractual, or consequential damages, or any damages whatsoever of any kind, resulting from any loss (which by way of example, includes loss of use, loss of data, loss of profits, business interruption, litigation, or any other pecuniary loss, whether based on breach of contract, tort (including negligence), product liability, or otherwise) arising out of or in any way connected with the Competition, or use or performance of the Website, with the delay or inability to use this Website, or with the provision of or failure to make available any information, services, products, materials, or other resources contained on or accessible through the Website, even if advised of the possibility of such damages.
12.3 The Entrant indemnifies the Promoter from and against any and all claims and demands made against the Promoter, its assignees and licensees, staff, representatives and agents in relation to the warranties and agreements by the Entrant contained in these Terms and Conditions.
12.4 By entering the Competition, the Entrant warrants and confirms that he or she grants (or waives as applicable) and has obtained all necessary rights, licences, consents and permissions from all
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persons rendering performances in relation to their Video, including but not limited to consents from all persons whose performances are reproduced in the Video. If any such consents, permissions or any clearances have not been properly and legally obtained, then the Entrant, upon submitting the Video, agrees to indemnify and keep the Promoter and its affiliates and licensees fully indemnified from and against any claim, damage, loss (whether foreseeable or not), liability or cost (including reasonable legal fees) arising out of any failure to obtain such consents.
13. TAXES
13.1 Any tax payable as a result of the Prize being awarded to the Winner shall be the responsibility of the Winner. The Winner should seek independent legal and/or financial advice prior to accepting the Prize in relation to the tax implications of accepting the Prize.
14. MISCELLANEOUS
14.1 All decisions and actions of the Promoter relating to the Competition and/or the Prize shall be deemed final. No discussions or correspondence with Entrants or any other person will be entered into.
14.2 The Promoter’s failure to insist upon strict enforcement of any provisions of these Terms and Conditions shall not be construed as a waiver of any provision or right.
14.3 These Terms and Conditions and the resolution of any dispute related to this agreement or this site shall be governed by and construed in accordance with the laws of Victoria, without giving effect to any principles or conflicts of law. Any legal action or proceeding between Promoter or its links, suppliers or vendors and you related to this agreement or this site shall be brought exclusively in a state or federal court of competent jurisdiction sitting in the State of Victoria.
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ANNEXURE A - SHORTLIST APPLICATION FORM
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Jack Link's World's Greatest Prank
Shortlist Application Form
CONTACT DETAILS
Full name: ………………………………………………………………………
Contact number: ………………………………………………………………………
Email Address: ………………………………………………………………………
Home Address: ………………………………………………………………………
Title of Prank: ………………………………………………………………………
PRANK INFORMATION: Please attach a detailed, written description of how you will execute the Prank.
In addition, please provide full particulars of the persons who will be involved in the prank, what their function will be, and what preparations and resources will need to be made/obtained to effect the Prank.
ESTIMATED PRODUCTION BUDGET: Please attach a detailed, itemised list of all anticipated production costs of not more than $10,000.00 AUD to effect the Prank (excluding the costs of filming the Prank, which will be borne by the Promoter).
In this regard, please note Clause 6.6 of the Competition Terms and Conditions.
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ADDRESS FOR FILMING THE PROPOSED PRANK:
Address of where the prank will occur:
TALENT RELEASE FORM: Please review the attached Talent Release Form.
Please note that an Entry will not be entitled to the Prize (including the Cash Prize) in the event that the Entrant does not obtain signed Talent Release Forms from all proposed participants in the Prank (including the Prankee).
Date: ………………………………………………………………………
Signed: ………………………………………………………………………
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ANNEXURE B - TALENT RELEASE FORM
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TALENT RELEASE FORM
1. I acknowledge and confirm that I intend to participate in a video recording associated with the Jack Link's "World's Greatest Prank" Competition.
2. I hereby give and forever grant to Jack Link’s – Australia, LLC (ABN 21 103 798 125), Merchantwise Pty Ltd (ABN 091 282 227) and all associated licensees, producers and/or publishers of their promotional materials and their successors and assigns, the right to use, publish and copyright my picture, portrait and likeness, in whole or part, including alterations, modifications, derivations and composites thereof, in the packaging, advertising and promotion of the Jack Link's "World's Greatest Prank" Competition.
3. This right shall include the right to combine my likeness with others and to alter my likeness, by digital means or otherwise.
4. I acknowledge and confirm that in the event that I am not eighteen (18) years of age, my parent or guardian must complete and sign this Release.
Signed: _________________________________
Full Name: _________________________________
Date: _________________________________
I, [Parent or Guardian], hereby warrant that I am the [Parent or Guardian] of [Name of Talent] a minor, and have full authority to authorise the above Release which I have read and approved and I hereby release and agree to indemnify the licensed parties and their respective successors and assigns, from and against any and all liability arising out of the exercise of the rights granted by the above Talent Release.
Signed (Parent or Guardian): _________________________________
Full Name(Parent or Guardian): _________________________________
Date: _________________________________
Australian Competitions Club
