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« : Tuesday 05 March 2013, 04:22:32 pm » |
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Win a Hyundai i20
http://www.winahyundai.com.au/t/1020b969dfb9ffdb9dfbeb6bc0c854
Think you know your A-league?
How it works It's as easy as 1-2-3
1 We give you 1000 bucks (Fantasy dollars) to bet with across the full round of A-League.
2 After each game in the round, check back on the leader board to see if you need to bet again or sit tight for the win.
3 Turn you “Bucks” into the most and you’re on your way to the FINAL
The winner from each round will receive a signed Adelaide United shirt from the squad.
In each round of the A-League comp the TOP FIVE PLACES in the tournament will progress to the final to try and WIN the HYUNDAi20.
Sign up now
Someone HAS to drive away with a BRAND NEW HYUNDAI i20, so why can't it be you?
TERMS AND CONDITIONS
For Privacy Policy, click here.
For Refer a Friend, click here.
For Prize Payout Percentages, click here.
1 TopBetta
1.1Licensing and general terms
1.1.1 These terms and conditions (“Terms”) apply to your use of the TopBetta website (“Website”) and the services provided by TopBetta Pty Ltd ABN 87 132 843 817, a company registered in Australia under the Corporations Act 2001 (Cth), via the Website ("Services"). By using the Website, becoming a Member or placing a bet via the website you indicate your agreement to be bound by the Terms, forming a binding agreement between you and TopBetta. TopBetta is fully licensed in Norfolk Island, Australia by the Norfolk Island Gaming Authority to accept bets via the internet.
1.1.2The Terms are governed by and will be construed in accordance with the laws in force in Norfolk Island, Australia. Each party irrevocably and unconditionally submits to the jurisdiction of the courts of Norfolk Island, Australia, and any courts which have jurisdiction to hear appeals from the courts of Norfolk Island, and waives any right to object to any proceedings being brought in those courts.
1.1.3TopBetta grants you a limited licence to access the Website provided you comply at all times with the Terms.
1.1.4The availability of the TopBetta site does not constitute an offer or invitation by TopBetta to you to use the Website in any jurisdiction in which such use is illegal.
1.1.5You may only assign your rights under the Terms with the prior written consent of TopBetta. Where TopBetta reasonably considers there is no detriment to you, TopBetta may assign any or all of its rights or obligations under the Terms to any third party at any time without notice to you.
1.1.6Any term by its nature that is intended to survive termination of the Terms survives termination of the Terms.
1.1.7A term or part of a term of the Terms that is illegal or unenforceable in any jurisdiction may be severed from the Terms for the purposes of that jurisdiction only and the remaining terms or parts of the terms of the Terms continue in force.
1.1.8TopBetta may change the Terms, guides or policies where you agree to the change or, where the change will not adversely affect you and, before the change takes effect, we have given you notice of the change. Notice of a change to the Terms may be given by TopBetta by email to your nominated account email address or otherwise in writing.
1.1.9Your ongoing use of the Services after the date of a variation, alteration or replacement of the Terms is deemed acceptance of the variation, alteration or replacement.
1.1.10The Terms and any terms incorporated into them by law constitute the entire and only agreement between the parties with regards to its subject matter and each party confirms that it has not been induced to accept the Terms in reliance upon, nor has it been given, any warranty (including in particular any warranty as to merchantability, fitness for purpose or uninterrupted functionality), representation, statement, assurance, covenant, agreement, undertaking, indemnity or commitment of any nature whatsoever other than as are expressly set out in the Terms and, to the extent that it has been, it unconditionally and irrevocably waives any claims, rights or remedies which it might otherwise have had in relation thereto.
1.1.11No failure or delay by a party to exercise any of its rights under the Terms shall operate as a waiver thereof and no single or partial exercise of any such right shall prevent any other or further exercise of that or any other right. Further, any such failure will not give rise to any claim or right of action by you or other person.
2 Definitions
Definitions in the Terms:
The Authority is the Norfolk Island Gaming Authority.
The Dead Heat Rule in the event of a tie/dead heat where dividends were not offered by TopBetta on such an outcome, bets will be paid at face value of the ticket divided by the number of competitors tying for that placing.
In any event for which each way betting is available, place ties will be paid such that the place portion of the face value of the ticket is multiplied by the remaining number of places available and divided by the number of competitors tying for those available number of placings.
In the event of a tie/dead heat where odds were offered by TopBetta on such an outcome, then all win or place bets are losers and the draw option is paid as the winner.
Displayed Odds is an indicative price quoted by TopBetta to the Member at the time of placing a bet.
Entrant means a person who is eligible to participate (which requires them to be a Member) and registers for or participates in a Tournament.
An Event is a race, game, match, round or other contingency for which wagering is offered by TopBetta on the Website.
Late Scratching means a horse, dog etc, is withdrawn late by order of the stewards.
Member means a person that is at least 18 years of age, has registered as a member of the Website and holds a betting account with TopBetta.
Participant means a person who is eligible to participate and registers for or participates in any of the Promotion(s) by logging into the Web Site with their username and password;
Time, references to time refer to Australian Eastern Standard Time;
TopBetta, we or us means TopBetta Pty Ltd (ABN 87 132 8843 817).
3Contact Us
Communications and notices to be given by you to us under the Terms (other than those exchanges of information occurring in the normal operation of the Website) must be provided to us as set out in the Contact us section on the Website. Any communication with TopBetta via telephone is recorded as required by government regulations. These recordings provide protection to you and TopBetta in the event of a dispute. They also enable regulatory authorities to carry out their respective duties. Similarly, the content of all bets and betting requests are stored on the TopBetta computer system (and a copy provided to the regulator).
4TopBetta - Use of Our Services
4.1 Undertakings
4.1.1 Your use of the Website or any data feeds we may provide to you confers no rights whatsoever to the content or related intellectual property rights subsisting in the Website or in any such data feeds. You agree not to monitor, use or copy the pages of the Website or any content of the Website or any data feeds, including without limitation any price data. You will not attempt to hack, make unauthorised alterations or introduce any kind of malicious code to the Website by any means. You will not (a) reverse engineer or decompile (whether in whole or in part) any software available through the Website; or (b) make copies, modify, reproduce, transmit, alter or distribute all or any part of the Website or any material or information contained on it or in any data feeds. Any unauthorised use or reproduction may be prosecuted.
4.1.2You understand that you may lose money on bets placed and Tournament entry fees paid and accept that you are fully responsible for any such loss. You accept that under no circumstances will any amounts lost by you under any bet be recoverable from us.
4.1.3It is your responsibility to verify that you are permitted to bet with us in any jurisdiction in which you are located and you agree that you will not bet with us while you are located in a jurisdiction which prohibits you from betting with us. In particular, you will not bet or attempt to bet with us if you are located in the United States of America or such other restricted jurisdictions as TopBetta may from time to time determine.
4.1.4You undertake to use our services for legitimate betting purposes only. In particular you undertake not to:
4.1.4.1engage in any activity which has the purpose or effect of causing damage to or in any way hindering our business operations or generating or increasing any liability on us, including without limitation any tax, levy or duty; or
4.1.4.2bet on or manipulate any individual Event in a manner which we believe has the purpose or effect of adversely affecting the integrity of the Event.
4.1.5To use the Website correctly, you must ensure that your browser is set to accept "cookies" and your browser must support JavaScript.
5TopBetta – Your Conduct
5.1 Undertakings
5.1.1You will not attempt to use the Website to deliberately transfer money from one TopBetta account to another by attempting to match bets on an event with another account through collusion.
5.1.2You will inform us as soon as you become aware of any errors in calculations with respect to any betting transaction. TopBetta reserves the right to declare null and void any bets which are the subject of such an error.
5.1.3You will not disguise or interfere in any way with the IP address of the computer you are using to access the Website or otherwise take steps to prevent us from correctly identifying the actual IP address of the computer you are using whilst accessing the Website.
5.1.4You agree it is your responsibility to account for any tax or duty imposed on you as a result of any of your betting transactions.
5.1.5You will not make offensive comments, use offensive or pornographic material or make potentially defamatory or inflammatory remarks in connection with any part of the Website including within your own username or in other information contributed to the Website.
5.2 Self-Exclusion
5.2.1You agree that you will not access any other TopBetta account to use any of our services or products from which you have self-excluded, during the period of any such self-exclusion.
5.2.2To commence a self-exclusion period, you must either:
5.2.2.1email help@topbetta.com with your account details and the desired period of your self-exclusion; or
5.2.2.2click on the “Self Exclusion” button located on the Website.
5.2.3On receipt of a self-exclusion request made under 5.2.2, you will be logged out of the Website immediately and blocked from accessing the Website for the period nominated (which is the case of paragraph 5.2.2.2 will be a period of seven days) and an email will be sent to you confirming your self-exclusion.
5.2.4The self-exclusion period cannot be cancelled or shortened. The self-exclusion period may however be extended at any time.
6Members Responsibility
6.1 Minimum Age and Personal Information
6.1.1The minimum age to open an account on the Website is eighteen (18) years. TopBetta does not accept responsibility for under-age applicants.
6.1.2TopBetta can refuse to pay out a bet if we believe you are under eighteen (18) years of age, or you make a bet on behalf of a person who is under eighteen (18) years of age.
6.1.3You warrant that you are eighteen (18) years of age or older, that the name and address you supplied when opening your account are correct and that you are the owner of the sums which are deposited in your account. You agree that we may use personal information provided by you in order to conduct appropriate anti fraud checks and to comply with any anti-money laundering and counter-terrorism financing requirements. Personal information that you provide may be disclosed to a credit reference, fraud prevention agency or law enforcement agency, which may keep a record of that information.
6.1.4If we cannot verify your details electronically, including but not limited to verifying your age or identity (which we are legally obliged to verify), we will contact you and ask you to provide further information to us directly.
6.1.5If we are unable to verify your identification details within 90 days of your account being opened, then we will suspend your account, as required by law.
6.1.6No funds will be returned to you until identification acceptable to us has been provided.
6.1.7It is your responsibility to ensure that your personal details, especially your address, telephone number and payment/bank details, are kept up to date. In the event that you do not keep your personal details up to date, TopBetta reserves the right to suspend your account.
6.1.8You are responsible for all wagers in which your Member ID is used.
6.1.9Any bet (wager) made via the Internet where a valid Member ID and password have been used will be regarded by TopBetta as being valid and may not be changed, cancelled or modified.
6.1.10In accordance with Norfolk Island Government licensing regulations, you must have your identification verified.
6.1.11All credit cards you use, must be in your name.
6.1.12Where you reside outside of Australia, you will be required to fulfil all our ID requirements prior to your account being activated.
6.1.13Under the terms of our Norfolk Island licence, where an account is suspended, all bets will stand.
6.2 Personal Information and Privacy
6.2.1Your personal information is any information about you where your identity is apparent or can reasonably be ascertained from the information. Personal information we may collect about you may include, without limitation, your:
6.2.1.1name;
6.2.1.2address;
6.2.1.3bank account/ credit card details;
6.2.1.4betting records; and
6.2.1.5IP address.
6.2.2TopBetta will collect, store and disclose your personal information in accordance with the requirements of the Privacy Act 1988 (Cth).
6.2.3The type of personal information that TopBetta collects from you will depend on the dealings you have with TopBetta, the requirements of any licences TopBetta holds, the accompanying conditions that apply to those licences, and the laws and regulations that apply to TopBetta's business, including, without limitation , the Anti-Money Laundering and Counter Terrorism Financing Act 2006 (Cth).
6.2.4You warrant and represent that any personal information supplied by you to TopBetta is true, correct and complete and will remain so.
6.2.5You will, upon request by TopBetta, establish the truth, correctness and completeness of any of your personal Information to the satisfaction of TopBetta.
6.2.6TopBetta will take reasonable steps to:
6.2.6.1make sure that the personal information it collects, uses or discloses is accurate, complete and up to date;
6.2.6.2protect the personal information it holds from misuse and loss and from unauthorised access, modification or disclosure; and
6.2.6.3destroy or permanently de-identify personal information if it is no longer needed for any purpose for which the information may be used or disclosed under the Privacy Act 1988 (Cth).
6.2.7You acknowledge and agrees that all personal information held by TopBetta may be used or disclosed by TopBetta as set out below and as permitted by the Privacy Act 1988 (Cth). Without limitation, your personal information may be collected, stored, used or disclosed:
6.2.7.1to enable TopBetta to perform its obligations to you under the Terms;
6.2.7.2to enable TopBetta to ensure that you perform your obligations under the Terms;
6.2.7.3 to a credit reporting agency;
6.2.7.4 to maintain a credit information file about you;
6.2.7.5 to carry out TopBetta's own credit assessment on you;
6.2.7.6for planning, research, promotion and marketing of TopBetta products and services;
6.2.7.7to organisations associated with the provision of TopBetta's services, such as associated data centres, including for marketing and analysis purposes;
6.2.7.8to a potential purchaser of, or investor in, any business conducted by TopBetta;
6.2.7.9where TopBetta is required to do so by law or where the disclosure is reasonably necessary to enforce the law;
6.2.7.10to assist any other government agencies with enquiries made under state or federal legislation, for example Child Support Agencies;
6.2.7.11to comply with TopBetta's disclosure obligations to the racing industries and authorised sporting bodies in accordance with TopBetta's contractual obligations to those racing industries and authorised sporting bodies;
6.2.7.12to comply with all obligations that TopBetta has under its licence conditions, laws and regulations, including, without limitation, the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth);
6.2.7.13to assist a law enforcement agency or any government agency in the performance of its functions; and
6.2.7.14to protect TopBetta's rights or property or those of any other website, user of the Services or any member of the public.
6.2.8You are welcome to request access to any of your personal information that TopBetta holds by contacting TopBetta.
6.2.9There are circumstances in which TopBetta is not required to give you access to your personal information. TopBetta will let you know if one of these exceptions applies to your request.
6.2.10If TopBetta intends to charge you a fee for TopBetta providing you with a copy of the personal information TopBetta holds on you, TopBetta will inform you of the cost before providing you with the information.
6.2.11If you do not, or refuse to, provide TopBetta with any information (including personal information) that TopBetta reasonably requires, TopBetta may, at TopBetta's discretion, suspend or close any account you hold with TopBetta.
6.2.12You acknowledges and agree that you may only hold one TopBetta account.
6.3 Participants in Events
6.3.1If you are a participant in, or are an associate of any participant in, an Event ("Relevant Events"), you are likely to be subject to the rules, regulations, codes, agreements and/or guidelines made by the sporting body or racing industry that administers those events ("the Rules").
6.3.2If you are subject to the Rules, you may only place bets in accordance with those Rules. If those Rules preclude you from betting on the Relevant Events or any aspect of the Relevant Events, you agree that you will not bet on those Relevant Events or aspects of those Relevant Events (as applicable).
6.3.3You acknowledge and agree that TopBetta will provide information to sporting bodies, racing industries and government authorities authorised to issue licences for the conduct of betting services and/or responsible for supervising the betting operations of TopBetta (each a "Relevant Authority"), in respect of persons:
6.3.3.1who are precluded by the Rules from betting on any Relevant Events or aspects of any Relevant Events;
6.3.3.2whom TopBetta or any authority has reasonable grounds to suspect is connected to a member of the Website and TopBetta or any Relevant Authority has reasonable grounds to suspect that that person or the Member is in breach of the Rules;
6.3.3.3whom TopBetta or any Relevant Authority has reasonable grounds to suspect have engaged in conduct prejudicial to the interests of TopBetta or the Relevant Authority or who may have relevant knowledge concerning corruption within the relevant sport; or
6.3.3.4whom TopBetta or any Relevant Authority believes have made unusual or suspicious bets or have unusual or suspicious betting trends or movements or other information leading TopBetta or the Relevant Authority to query the integrity of any of the Relevant Events or a person subject to the Rules.
6.3.4In addition, you are precluded from the Services if you are a close associate of a person specified in section 6.3.1 to 6.3.4. For the purposes of the Terms, two persons are “close associates” if:
6.3.4.1one is a spouse, parent, brother, sister or child of the other; or
6.3.4.2they are members of the same household; or
6.3.4.3they are in partnership or are joint venturers; or
6.3.4.4one is a body corporate and the other is a director or executive officer of the body corporate; or
6.3.4.5one is a body corporate (other than a body corporate whose shares are listed on a stock exchange) and the other is a shareholder in the body corporate; or
6.3.4.6one is a body corporate whose shares are listed on a stock exchange and the other is a substantial shareholder in the body corporate: or
6.3.4.7one has a right to participate (otherwise than as a shareholder in a body corporate) in the income or profits derived from a licensee’s licensed operations and the other is the licensee: or
6.3.4.8one provides:
a.goods; or
b.services (whether as an employee or otherwise);
to the other in respect of licensed operations; or
6.3.4.10a chain of relationships can be traced between them under any one or more of the paragraphs of this section.
7Conditions Relating to Betting
7.1 Operation of our Services
7.1.1You are responsible for understanding the contents of the Website and the operation of the Services. TopBetta reserves the right to change the format of the Services at any time, including in order to enhance such Services.
7.1.2We may determine when Events are open for betting and may close the Events at any time in our absolute discretion.
7.1.3TopBetta may take steps to block you from betting on our site if you are located in certain jurisdictions, for example the United States of America. However, you are entirely responsible for the information that you provide to us concerning the bets that you wish to place. TopBetta will not enquire into the reasonableness of any bets that you may offer to make. TopBetta will not be liable for incorrect entries made by you, including data input errors with respect to the odds, price or stake on offer.
7.1.4In the interests of maintaining integrity and fairness we may, at our sole and absolute discretion, decide to suspend betting on an Event earlier than anticipated and/or void certain bets on an Event in its entirety.
7.2 Cancellation, Termination, Suspension and Breach
7.2.1TopBetta may restrict your access to the Services, suspend or terminate your account, withdraw your bets or void or cancel any bets outstanding to your account, in our absolute discretion with or without cause at any time, including if:
7.2.1.1there is a technological failure;
7.2.1.2TopBetta suspects that you are engaging in illegal or fraudulent activity;
7.2.1.3TopBetta suspects that you have (or may have) breached any part of the Terms;
7.2.1.4TopBetta suspects you are acting in a manner that is detrimental to the conduct of our business or which may result in legal liability for you, us or third parties; or
7.2.1.5TopBetta suspects that you may be having difficulties obtaining credit.
7.2.2In relation to any cancelled or void bets, TopBetta reserves the right to:
7.2.2.1notify the Authority of any actions we have taken;
7.2.2.2hold in your account any money relating to these bets, until a determination has been made by the Authority as to how these funds are dispersed; and/or
7.2.2.3demand that you pay TopBetta the relevant outstanding amount relating to these bets if there are insufficient funds in your accounts.
7.2.3If you wish to cancel your account, this can be done by emailing help@topbetta.com with details. Any existing bets as at the cancellation date will stand and a final payout value will be determined once all bets have been concluded. It will be your responsibility to clear your account.
7.3 Gambling by those under age
If TopBetta is notified that you are under 18 or were under 18 when you entered into any betting transactions on the Website ("under age"):
7.3.1TopBetta will immediately prevent you from entering into any betting transactions, making any withdrawals from or using your account;
7.3.2TopBetta will investigate the claim that you are, or were, under age, including whether in fact you have been betting as an agent for or at the behest or on behalf of another person;
7.3.3if TopBetta finds that you are, or were, under age, TopBetta will notify the Authority and any other relevant party and all winnings which have accrued and remain in your account or which are otherwise due to be credited to your account, will remain in your account until a determination has been made by the Authority as to how these funds are dispersed;
7.3.4you must pay to TopBetta all winnings gained from betting whilst under age on demand. Should you not comply with this duty, we will seek to recover from you or to set off against any stakes placed by you any winnings paid to you as a result of bets placed together with the costs of such recovery. Any sums recovered will belong to TopBetta;
7.3.5we will not return to you any charges paid by you to us in respect of bets made whilst you were under age; and
7.3.6any winnings you may make through your account shall be forfeited to the Authority.
7.4 Bet Placement and Acceptance
7.4.1You must be a Member to use the Services.
7.4.2All bets are placed and received in Norfolk Island in the Commonwealth of Australia and accordingly all betting transactions are formed in Norfolk Island.
7.4.3Bets will be accepted up to the advertised start time of the Event or such earlier time as dictated by TopBetta and specified on the Website. If a bet is inadvertently accepted in respect to an Event after its start time, the bet shall be deemed to have been made invalidly and will be refunded to you.
7.4.4If an Event is abandoned or postponed and not completed within 24 hours of its scheduled completion, all bets you have made will be void and wagers refunded to you.
7.4.5When making a bet via the Internet, a bet is accepted when you receive a “confirmation” message after the bet is processed through the Services, subject at all times to the Terms.
7.5 Bet Amendments and Changes
7.5.1With respect to horse and dog races:
7.5.1.1(postponed) if a race meeting is postponed, your bet on the postponed meeting is cancelled;
7.5.1.2(scratching) your bets struck after the final field is declared are subject to refunds on scratched horses, and deductions may apply on remaining runners. The value of the deduction is determined by the price of the scratched horse as declared by the principal club.
7.5.1.3(starting time) all interstate and country wagers are strictly subject to time. If your bet is accepted, but afterwards found to have been taken after the actual starting time, the bet will be voided and refunded.
7.5.1.4(transferred) if a race meeting is transferred from one racecourse to another, all betting rules will apply as if the meeting were not transferred.
7.5.2With respect to other events, if a game or match is postponed and subject to section 8, your bet on the postponed game or match is cancelled.
7.6 Cancellation of a bet
Once placed and accepted, a bet may not be altered or cancelled except in accordance with the Terms.
7.7 Minimum and maximum bet stakes
Depending on the product or type of Event you are betting on and depending on the currency that you are betting in, there are minimum and maximum bet sizes that apply. These minimum and maximum bet sizes are subject to change and may differ between Events.
Please see our betting limits Click Here
7.8 Displayed Odds
7.8.1The TopBetta odds displayed for horse and dog races are totalisator odds. As winnings on totalisator betting are determined by dividing the entire pool invested amongst those who win, we are unable to provide exact odds prior to the close of betting. However, for your benefit, we will provide indicative odds for events, in the form of a win or a place.
7.8.2The TopBetta odds displayed for the football codes are fixed price odds. Fixed odds are the odds accepted at the time of the wager.
7.9 Bet Settlement
7.9.1Subject to the Terms and any specific conditions applicable in respect of a particular Event, we will settle Events in accordance with the Terms.
7.9.2We reserve the right to reverse or amend settlement if an Event is settled incorrectly. This may lead to amendments being made to your account to reflect changes in the Event settlement and, if there are insufficient funds in your account we may demand that you put funds into your account, to address the outstanding balance.
7.9.3Winnings will be credited to your account following confirmation of the final result. In the event that:
7.9.3.1an incorrect balance is provided by you, it is your responsibility to notify TopBetta of the error without delay; and/or
7.9.3.2funds or bets are credited to your account in error by TopBetta, it is your responsibility to notify TopBetta of the error without delay and you shall return to TopBetta any funds credited in error.
7.10 Unclaimed Prize Remittances
If a prize or winnings are not claimed within 2 years after the start time of the event in which the prize/winnings was won, the entitlement to the prize or winnings is forfeited to the Authority.
7.11 Dishonoured Payments
7.11.1If a credit or debit card payment is dishonoured at any stage after TopBetta receives authorisation from the relevant financial institution, all winnings which have accrued and remain in your account or which are otherwise due to be credited to your account shall be suspended until such time as the dishonoured payment is honoured.
7.11.2If the payment remains dishonoured:
7.11.2.1all winnings which have accrued and remain in your account or which are otherwise due to be credited to your account that relate to the dishonoured payment will remain in the account and shall be forfeited to the Authority; and
7.11.2.2you must pay to TopBetta all winnings gained from the dishonoured payment(s). Should you not comply with this duty we will seek to recover from you or will set off against any stakes placed by you, any winnings paid to you as a result of bets placed together with the costs of such recovery. Any sums recovered will belong to TopBetta.
7.12 Rounding
7.12.1All bets and winnings relating to a bet on an Event will be rounded to the nearest cent.
7.12.2Where required, a bet will be rounded before it is accepted.
7.12.3For winnings, the rounding will take place after the payout has been calculated. Any fractions of a cent will be rounded to the nearest cent, with fractions greater than or equal to 0.5 being rounded up.
8Conditions Relating to Sports Betting
8.1 General
8.1.1The Website is not affiliated with the National Rugby League (NRL), New South Wales Rugby League (NSWRL), Queensland Rugby League (QRL), Super League (Europe), Rugby League International Federation (RLIF), Australian Football League (AFL), Australian Rugby Union (ARU), South Africa New Zealand Australia Rugby (SANZAR), New Zealand Rugby Football Union (NZRFU), South African Rugby Football Union (SARFU) , International Rugby Board (IRB), English Premier League (EPL), Football Association (FA), Fédération Internationale de Football Association (FIFA), Football Federation Australia (FFA), Australian Cricket Board (ACB).
8.2 Australian Rules Football
8.2.1Payouts will be based on the official declared result, although conditions may apply to specific betting options (e.g. end of normal time, including extra time – an extension of normal time)
8.2.2Where a match is abandoned or postponed, and resumed or played within seven (7) days of the original scheduled date, all bets stand.
8.2.3Once the seven (7) days have expired, all single bets are void and wagers will be refunded. Other affected bets will be recalculated excluding the event or leg.
8.2.4When a game starts but is subsequently abandoned before completion of normal time, all bets are void, excepting those results which may already have been decided (e.g. first goal scorer, time of first goal).
8.2.5Where a draw option is offered, the bet is decided on the result at the end of normal time (i.e. extra time is not included). In other options where the draw option is not offered the Dead Heat Rule applies.
8.2.6For match winners and goal kicking options, statistics used by the AFL website (www.afl.com.au) will be the statistics used for payout purposes.
8.2.7For any timed betting, payouts are based on the official Australian Football League clock.
8.3 Rugby League
8.3.1Payouts are based on the official declared result, including the end of any additional time in which the Golden Point Rule is used, although conditions may apply specific betting options. Specifically, Head to Head, Line, Totals, Try Scorers, and Scoring Play markets include extra time.
8.3.2Where a match is incomplete, abandoned or postponed and that match is resumed or played within seven (7) days of the original scheduled date, all bets stand.
8.3.3Once the seven (7) days have expired, all single bets are void and wagers will be refunded. Other affected bets will be recalculated excluding the event or leg.
8.3.4When a game starts but is subsequently abandoned before completion of normal time, all bets are void, excepting those results which may already have been decided (e.g. first try scorer, time of first try).
8.3.5If the result of a match after extra time is a draw, then the Dead Heat Rule applies
8.3.6For any timed betting, payouts are based on the official National Rugby League clock.
8.4 Rugby Union
8.4.1Payouts will be based on the official declared result, although conditions may apply to specific betting options (e.g. end of normal time, including extra time – an extension of normal time)
8.4.2Where a match is abandoned or postponed, and resumed or played within seven (7) days of the original scheduled date, all bets stand.
8.4.3Once the seven (7) days have expired, all single bets are void and wagers will be refunded. Other affected bets will be recalculated excluding the event or leg.
8.4.4When a game starts but is subsequently abandoned before completion of normal time, all bets are void, excepting those results which may already have been decided (e.g. first try scorer, time of first try).
8.4.5Where a draw option is offered, the bet is decided on the result at the end of normal time (i.e. extra time is not included). In other options where the draw option is not offered the Dead Heat Rule applies.
8.4.6For any timed betting, payouts are based on the official Rugby Union clock.
8.5 Soccer (Football)
8.5.1Payouts are determined on the result after normal time. Normal time includes any stoppage time added by the referee. The result is the official result as first declared by the governing association of the match or event as the full time result, notwithstanding the match or event being shortened, later changes of the official result and/or errors, unless otherwise stipulated by TopBetta.
8.5.2Where odds are offered for both the ‘normal time’ result and the ‘outright’ result (e.g. Cup Finals), the member has the option of betting on either outcome.
8.5.3Where a match is abandoned or postponed, and resumed or played within 48 hours of the original scheduled date, all bets stand.
8.5.4Once the 48 hours have expired, all single bets are void and wagers will be refunded. Other affected bets will be recalculated excluding the event or leg.
8.5.5When a game starts but is subsequently abandoned before completion of normal time, all bets are void, excepting those results which may already have been decided (e.g. first goal scorer, time of first goal).
8.5.6For betting on ‘First Goal Scorer’ own goals (goals accidently scored by the opposition for the other team) do not count unless otherwise specified.
8.5.7Where a draw option is offered, the bet is decided on the result at the end of normal time (i.e. extra time is not included). In other options where the draw option is not offered the Dead Heat Rule applies.
8.5.8For any timed betting, payouts are based on the official clock.
9Payments
9.1 General
Web Active Corporation Pty Ltd, trading as eWAY, is responsible for management of credit and debit card payments and credits in relation to the Services. For further information, please refer to www.eway.com.au. TopBetta does not possess or retain any information relating to your credit or debit card information.
9.2 Deposits
Deposits to your account may be made via credit or debit card, PayPal, BPAY or direct bank deposit. You must abide by the respective rules set by the providers of these deposit mechanisms.
9.3 Withdrawals
9.3.1Withdrawals from your betting accounts are governed by the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and as a result certain conditions may apply. These may include, without limitation, a withdrawal being:
9.3.1.1made via the last method of deposit
9.3.1.2restricted by time
9.3.1.3restricted by account activity
9.3.1.4restricted by value
For further information please refer to the legislation.
9.3.2Withdrawals are normally processed within seven (7) days.
10Conditions Relating to Other Services
10.1 Information Services
10.1.1From time to time TopBetta may provide you with access to various information and content (e.g. form data, results,) via the Website (as part of any runner data and/or results service), emails or any other means of communication. Further TopBetta may provide you with links to third party websites which may include information.
10.1.2This information is supplied "as is" and for guidance only. Use of such information is entirely at your own risk. To the fullest extent permitted by law, TopBetta makes no representations or warranties of any kind, including but not limited to, the accuracy, quality or completeness of the information.
10.1.3TopBetta shall not be liable for any action taken by you as a result of your relying on any of this information or for any loss or damage suffered by you as a result of you using such information or any third party website linked to TopBetta.
10.1.4Any links to third party websites do not constitute an endorsement by TopBetta of any products or services available on such websites. You use such websites at your own risk and TopBetta takes no responsibility for the content on, or use of, such websites.
10.2 Currency
10.2.1There are three separate currencies operating in relation to the Service:
10.2.1.1Cash & Account Balance
“Account Balance” refers to your actual cash funds, which are eligible for withdrawal provided the relevant aspects of the Terms have been satisfied. The Account Balance is funded by deposits (PayPal, credit card, bank account, or BPAY) and also from cash prize winnings.
10.2.1.2Tournament Dollars
“Tournament Dollars“ are funds used to enter Tournaments on the Website. Tournament Dollars can be purchased with money from your Account Balance. Tournament Dollars may also be granted by TopBetta as part of a promotion or as a reward for referring a friend; as a prize given for a tournament, or as a refund when a user withdraws from a Tournament. Tournament Dollars are non-redeemable for cash.
10.2.1.3BettaBucks
“BettaBucks” are the “fantasy dollars” given when participating in a Tournament. Upon entering a Tournament, each Entrant will be given an allotment of BettaBucks to bet with. BettaBucks are only valid for the Tournament in relation to which they are given and may not be transferred or withdrawn at any time. BettaBucks are non-redeemable for cash or Tournament Dollars.
10.3 Tournaments
10.3.1A "Tournament" is a group of predefined Events.
10.3.1.1A Single Round Tournament is made up of a group of Events occurring in close proximity of time and with a common theme i.e. races over the course of a single race meeting , a round of the National Rugby League
10.3.1.2A Jackpot Tournament is a Tournament made up of a number of predefined Single Round Tournaments (or stage) that are in a sequential order. Entry to each stage is achieved by either
a.completing the previous stage and winning an entry to the next stage; or
b.paying the required entry fee, in either Tournament Dollars or cash.
10.3.2To enter a Tournament, an Entrant must:
10.3.2.1be a Member and comply with the Terms, including particularly any identity verification requirements; and
10.3.2.2if the Tournament has any associated fees, pay the required fees for entry into the Tournament (“Tournament Entry Fee”).
10.3.3The Tournament Entry Fee is quoted in two components (i.e. $50 + $5). The larger component is the “Prize Component” (referred to as the ‘buy in’) while the smaller component is the “Administration Component”.
10.3.4TopBetta reserves the right not to accept an application for registration if the registration contains anything slanderous or defamatory or is otherwise unacceptable in any way, as determined by TopBetta in its absolute discretion. An Entrant’s participation in any Tournament can be withdrawn due to unacceptable conduct at any time during and after the Tournament.
10.3.5TopBetta reserves the right, at any time, to verify the validity of registrations and Website activity and the eligibility of applicants and Entrants (including their identity, age and place of residence) and to disqualify any applicant or Entrant who submits a registration, bet or any other information on the Website that is not in accordance with the Terms. or who tampers with the registration or any processes of the Website.
10.3.6Where a Tournament is a Free Tournament, no Tournament Entry Fee is payable under 10.3.2.2.
10.3.7On registration for a Tournament and payment of the Tournament Entry Fee (if any), the Entrant will be allocated for participation in the relevant Tournament a quantity of BettaBucks (these are fantasy dollars, they have no monetary value and are non-redeemable for cash or Tournament Dollars).
10.3.8Bets shall be made in BettaBucks up to a maximum equivalent to the balance held by that Entrant in respect of the Tournament at the time of making that bet.
10.3.9You are permitted to enter each Tournament once only.
10.3.10BettaBucks are for Tournament-use only and are used to determine the Entrants’ finishing positions in the Tournament. 10.3.11During a Tournament, an Entrant shall be entitled to make a number of bets using their BettaBucks, betting on the Events which are the subject of the relevant Tournament.
10.3.12The outcome of the Event shall be determined by reference to the outcome announced by UNiTAB. Accordingly:
10.3.12.1in respect of a race, should the Entrant’s horse (or dog) place in the race;
10.3.12.2in respect of sporting events, should the Entrant’s bet win;
Entrants will receive the allocated winnings in the form of BettaBucks.
10.3.13To be eligible to win a Tournament prize, an Entrant must make bets in the respective Tournament of an amount equivalent to or greater than their initial allocation of BettaBucks. i.e. if the Member receives $1,000 of BettaBucks initially, then bets equal to or greater than $1,000 of BettaBucks must be placed in the course of the Tournament. This bet could be a single bet of $1,000 on a single race or a number of smaller bets across a number of races.
10.3.14 An Entrant unregister from any Tournament, provided a bet has not been placed and the first race/event has yet to start. The Entrant will receive a Tournament Dollars credit to the value of their Tournament Entry Fee.
10.3.15Once a Tournament is open, it shall remain open until the start time of the last Event in that Tournament.
10.3.16A bet in a Tournament will be accepted up to the advertised start time of the specific Event in the Tournament or such earlier time as dictated by TopBetta and specified on the Website. If a bet is inadvertently accepted in respect to an Event after its start time, the bet shall be deemed to have been made invalidly and the BettaBucks refunded to the Member.
10.3.17If a Tournament has to end before all Events have taken place (i.e. a race meeting gets washed out), the Tournament will be cancelled and all Tournament Entry Fees will be credited (as Tournament Dollars) to the Entrants.
10.3.18Unless otherwise determined by TopBetta and notified on the Website, if a particular Event in a Tournament is postponed for more than six (6) hours from its scheduled start time, or is cancelled, it will no longer be a part of the Tournament and all bets on that Event will be refunded (in the form of BettaBucks).
10.3.19If an Entrant has bet on a runner (horse or dog) and that runner is subsequently scratched, the Entrant’s BettaBucks bet for that event will be refunded.
10.3.20If an Entrant has bet on a player (in a sporting event) and that player does not participate in the event (e.g. he is injured or not selected), the Entrant’s BettaBucks bet for that event will not be refunded.
10.3.21Tournaments can be cancelled by TopBetta at any time and all Tournament Entry Fees will be credited (as Tournament Dollars) to the relevant Entrants.
10.3.22Minimum Prizes are displayed on the Tournament Info page after the start of each Tournament and will be distributed in accordance with the Entrant’s finishing order and the Paid Tournaments Payouts spreadsheet.
10.3.23In the event that there is a dispute concerning the conduct of a Tournament, the decision of TopBetta is final and binding (subject to 11.6) and no correspondence will be entered into.
10.3.24The winner of a Tournament (“Tournament Winner“) will be the Entrant that has the most BettaBucks in his or her tournament account at the end of the Tournament.
10.3.25In the event of a tie, the prize will be divided equally between the tying Entrants.
10.3.26In the event that no winner can be determined for a Tournament, the Tournament will be cancelled and each Entrant will forfeit his or her Tournament Entry fee.
10.3.27The odds of winning a Tournament depend, in part, on the number of Entrants and eligible entries received.
10.3.28The Tournament Winners designated “Major Tournament Prize Winners” will be notified by email following the determination of the winner.
10.3.29The Tournament Winners may waive their right to receive any prize.
10.3.30The prize for a Tournament is non-assignable and non-transferable. The Tournament Winner is solely responsible for payment of any taxes on the prize(s).
10.3.31As a condition of participation in any Tournament, each Entrant agrees that, in order to be entitled to receive any prize, s/he must sign any legal documentation as and in the form required by TopBetta and/or its prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
10.3.32Should it be necessary to reallocate a prize, the prize will be allocated to the Entrant with the next highest amount of Betta Bucks. In the event of a tie, the prize will be divided equally between the tying Entrants.
10.3.33Failure to comply with any term or condition of the Terms, may, at the sole discretion of the TopBetta, result in the disqualification of any Entrant, the forfeiture of his or her interest in any prize (including any prize designated as the “Major Tournament Prize”), and the award of the prize to an alternate Entrant in accordance with the Terms.
10.4 Tournament Prize Pools
10.4.1The prize pool for a Tournament is the sum of the Prize Component of the Tournament Entry Fees for that Tournament (“Prize Pool”).
10.4.2Where a Tournament is advertising a "guaranteed" minimum prize pool and the sum of the Prize Component of the Tournament Entry Fees is less than the "guaranteed" minimum prize pool, then the "guaranteed" minimum prize pool will be the total amount of prizes payable on completion of the Tournament.
10.4.3Where a tournament is advertising a "guaranteed" minimum prize pool and the sum of the Prize Component of the Entry Fee is greater than the "guaranteed" minimum prize pool, then the sum of the Prize Component of the Entry Fees will be the total payout amount on completion of the tournament.
10.4.4Where a Tournament is a single Tournament or the last Tournament in a Jackpot Tournament, the winners will receive their winnings as cash and this will be credited to each winner’s Account Balance.
10.4.5Each Tournament will state a "guaranteed" minimum prize pool.
10.5 Tournament Prize Winners
10.5.1Where the Tournament is not a single Tournament or the last Tournament in a Jackpot Tournament and the prize is entry to the next stage of a Jackpot Tournament, all winners will receive their winnings as Tournament Dollars. Where an Entrant has won entry to the next stage of the Jackpot Tournament, the entry fee will be deducted from the winnings to enable entry into the next stage. Any other winners will receive his or her winnings as Tournament Dollars and this will be credited to their Tournament Dollars account.
10.5.2You are allowed to enter only once per Tournament. Where a Tournament Prize Winner has an existing entry into the next stage Tournament, their winnings will remain in their account as Tournament Dollars
10.5.3Each Tournament will state the minimum number of eligible prize winners. The number of Tournament Winners eligible for a prize is dependent on the number of entrants in the respective tournament.
10.5.4Where a Tournament Winner receives a cash prize, the amount the Tournament Winner receives as his or her cash prize is dependent on the Prize Pool for that Tournament and is a percentage of the Prize Pool dependent on the ranking of the Tournament Winner.
10.5.5Where entries into a subsequent Tournament are the prizes for a Tournament, the number of entries to be awarded is dependent on the size of the Prize Pool (being the total sum of the Prize Component of the Tournament Entry Fees for the relevant Tournament). The Prize Pool will be distributed to the fullest extent possible so that the number of entries in the subsequent Tournament being awarded is the maximum whole number available when calculating the Tournament Entry Fee for the subsequent Tournament. In the event that there is a surplus remaining in the Prize Pool once all entries are awarded, the next eligible winner receives this surplus in the form of Tournament Dollars.
10.6 Private Tournaments
10.6.1You are entitled to organise a private tournament in respect of any Tournament conducted on the Website in which the sole participants shall be the relevant Inviting Entrant and his/her guests (see 10.6.2).
10.6.2In order to organise a Private Tournament, an Entrant (the “Inviting Entrant”) shall be entitled to invite friends (“Guests”) to participate in a nominated Tournament subject to the following:
10.6.2.1the Inviting Entrant must confirm that each of the Guests has consented to the receipt of an invitation to enter into a Private Tournament in accordance with 10.6.3 and 10.6.4;
10.6.2.2each Guest must be, or become, a Member of TopBetta;
10.6.2.3each Guest must pay the Tournament Entry Fee;
10.6.2.4the number of Guests who comply with 10.6.2.2 and 10.6.2.3 in respect of the Private Tournament must be no less than the number specified on the Private Tournament page on the Website in respect of the Tournament.
10.6.3Where an Inviting Entrant promotes a Private Tournament via email, the Inviting Entrant must have the express permission of the email recipient(s) prior to sending them the email.
10.6.4Where an Inviting Entrant promotes a Tournament via Facebook, Twitter or any other third party website, the Inviting Entrant agrees to the posting of a link to the Website, and where applicable the TopBetta logo, on their Facebook, Twitter or any other third party website.
10.6.5To be eligible to win a Private Tournament prize, an Entrant must make bets in the respective Private Tournament equivalent to or greater than their initial allocation of BettaBucks. i.e. if the Entrant received $1,000 of BettaBucks then bets equal to or greater than $1,000 of BettaBucks must be placed. This bet could be a single bet of $1,000 on a single race or a number of smaller bets across a number of races.
10.6.6The Prize Pool for a Private Tournament is the sum of the Prize Component of the Tournament Entry Fee (buy in) for that Private Tournament.
11Miscellaneous
11.1 Matters beyond our reasonable control
11.1.1We are not liable for any loss or damage that you may suffer because of any act of God; power cut, trade or labour dispute, act, failure or omission of any government or authority, obstruction or failure of telecommunication services, or any other delay, Services interruption or failure outside of the control of TopBetta. In such an event, we reserve the right to cancel or suspend the Services without incurring any liability.
11.1.2We are not liable for the failure of any equipment or software howsoever caused, wherever located or administered, whether under our direct control or not, that may prevent the operation of the Services, impede the acceptance of bets, or prevent you from being able to contact us. In particular you should be aware that if you place a bet with the intention of subsequently placing a separate bet to reduce the liability incurred by the initial bet, there can never be a guarantee that the Services will be available at the point you wish to place the subsequent bet.
11.1.3We will not be liable for any failure to perform by a third party.
11.2 Indemnity
11.2.1You agree to indemnify and hold us and our associated companies, affiliates, officers, directors, agents and employees harmless from any liabilities, claims, losses or demands made by any third party arising out of your breach of the Terms (including documents incorporated by reference) or out of your violation of any law or the rights of any third party.
11.2.2You acknowledge that TopBetta and its affiliates will hold information with respect to your identity, including but not limited to your name, address and payment details. You agree that we rely on this information in entering into the Terms and you agree to hold us harmless against any falsehood or inaccuracy contained in the information you provide us.
11.3 Limitation of liability
11.3.1To the extent permitted by law, we exclude all representations and warranties as to the satisfactory quality and/or fitness for its intended purpose and/or accuracy and completeness of the Services.
11.3.2We will not be liable to you for any loss that you may incur as a result of any loss or misuse of your password, and we accept no liability resulting from its unauthorised use, whether fraudulent or otherwise.
11.3.3To the extent permitted by law, in no event will we, or any of our suppliers, accept any liability however arising for any losses you may incur as a result of using the Services. Under no circumstances will our liability under or in connection with the Terms, whether arising for breach of contract, negligence or other tort, equity or otherwise exceed the amount of the relevant bet placed by you. Under no circumstances will we be liable for any indirect, special or consequential damages, loss of profits (direct or indirect) or loss of the benefit of any bet, whether such loss arises from breach of contract, negligence or other tort, equitable duty (including for the avoidance of doubt in relation to any bet(s) or Event(s) voided by us) or otherwise even if we had been advised of or known (or should have known) of the possibility of such damages or loss.
11.3.4Nothing in the Terms excludes our liability with respect to death and personal injury resulting from our negligence, or that of our employees, agents or subcontractors.
11.3.5Except for any liability that cannot be excluded by law, we (including our officers, employees and agents) are not liable and do not accept responsibility for:
11.3.5.1bet selections that are not received or which are received and subsequently corrupted or rejected by the Web Site server, whether or not after receipt by us;
11.3.5.2any lost, misdirected or corrupt emails to or from the Web Site;
11.3.5.3the Website not being continuously available for use;
11.3.5.4any loss or damage whatsoever (including but not limited to direct, indirect or consequential loss) or personal injury suffered or sustained in connection with your use of the Web Site or the award or payment of a prize or otherwise relating to the use of the Web Site, however caused, including failure of the Web Site or incorrect or corrupt data supplied to you;
11.3.5.5any theft, unauthorised access or third party interference;
11.3.5.6any variation in the value of any prize; or
11.3.5.7any tax liability incurred by you.
11.4 Right of set off
We may at any time, without notice to you, notify the Authority and set off any liability owed to us by you, including (without limitation) in relation to any TopBetta account in your name or which we believe to be under your control, against any funds held in another TopBetta account in your name or which we believe to be under your control in accordance with the terms of the Agreement.
11.5 Intellectual property
11.5.1TopBetta is the owner of:
11.5.1.1all copyright and related rights in and to the Website, including, without limitation, rights in databases and all rights in any price data and related content on our site except for certain third party rights;
11.5.1.2all trade mark rights, whether registered or unregistered, in and to TopBetta and the TopBetta logo; and
11.5.1.3the domain name www.topbetta.com which is our uniform resource locator ("URL").
11.5.2Any unauthorised use of any of these rights may result in prosecution or other action being taken against you
11.5.3You hereby assign to TopBetta absolutely, any and all copyright and other intellectual property rights throughout the world in all media whether now known or hereafter developed, for the full period of copyright, including by way of present assignment of future copyright and all other rights whatsoever, in any offers for bets or bets placed by you on our site.
11.5.4Any data licensed to TopBetta is provided for use on the Website only and may not be used for any commercial purposes without the consent of such third parties.
11.6 Dispute Resolution
11.6.1TopBetta will attempt to resolve any disputes or complaints that you may have in regard to our products or service. If you wish to raise any issue with us, then please email TopBetta using the help@topbetta.com email address.
11.6.2If you have a betting or gaming dispute in relation to one of our products or services which you believe that TopBetta has not satisfactorily resolved, you can approach the Norfolk Island Gaming Authority, this approach should be within 14 days of the end of the Event for which the bet was made. The mailing address is:
The Director
Norfolk Island Gaming Authority
P.O. Box 882
Norfolk Island 2899
South Pacific
11.6.3Any decision of the Gaming Authority is final and binding on both parties.
Refer a Friend Promotion
Promotional Period
1. The promotion commences on December 1st 2010 and ends on Friday June 1st 2012 ("Promotional Period").
Eligibility
1. Only TopBetta Pty Ltd ("TopBetta") members ("Member/s") are eligible to participate in the promotion.
2. Members must be over 18 years of age.
3. To qualify for the promotion the referred person who becomes a Member must enter the relevant referring members "Refer A Friend Reference ID" upon registration.
4. To qualify for the promotion the referred person cannot be an existing Member of TopBetta.
5. A referring member is eligible for a maximum of FIVE (5) Refer a Friend promotional credits.
General
1. The Refer A Friend Promotion is intended for bona fide Members, that is, those Members who act at all times in good faith, sincere, without fraud, who bet with TopBetta for the purpose of recreation and entertainment.
2. The Refer A Friend Promotion credit will be added to your account balance as Tournament Dollars.
3. TopBetta reserves the right to use its discretion in the crediting or reversal of Refer A Friend Promotion credit where customers do not act in the spirit of the promotion for any reason.
4. TopBetta reserves the right to cancel or change the Refer A Friend Promotion at any time throughout the Promotional Period without notice.
5. The decisions of Management are final. No correspondence will be entered into.
6. Management and employees of TopBetta and group of companies are not eligible to participate in the Offer.
7. Participation in the promotion confirms acceptance of the terms and conditions of TopBetta membership.
8. The promoter is TopBetta Pty Ltd ABN 87 132 843 817.
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Australian Competitions Club
