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Terms and Conditions
CUtips Footy Tipping Competition 2010 - Terms & Conditions of Entry 1 Information on how to enter and prizes form part of these Terms & Conditions of Entry. These Terms and Conditions of Entry serve as separate Terms and Conditions of Entry for the Promotions being conducted for each of the Codes referred to herein where such a Promotion is being conducted by the Promoter on the Web Site. Entries not complying with these Terms & Conditions of Entry are ineligible and the Promoter reserves its absolute right to disqualify any Participant or Group from the Promotion if any entries do not comply with these Terms & Conditions of Entry. 2 In these Terms & Conditions of Entry, unless the contrary intention appears, the following words and phrases have the meanings set out opposite them: "Accumulative Margin" means the sum of the Margin Differences for all Rounds to date for a Participant. Participants with a lower Accumulative Margin will be ranked higher than those with higher margin Accumulative Margins subject to conditions 12 and 14 ; "Code" means the series of Matches of - a) Australian Rules Football conducted by the Australian Football League (AFL) between member teams of the AFL over the AFL Season; or b) National Rugby League conducted by the National Rugby League (NRL) between member teams of the NRL over the NRL Season; or c) Super 14 conducted by the Super 14 (S14) between member teams of the S14 over the S14 Season; “Finals Season” means those matches played at the conclusion of the relevant Code’s home and away season to determine the premier team for that Code; "Group" means a group of 2 or more Participants who have entered the Promotion under a collective registration and who may, by using the tipping results of those Participants, conduct a separate non-commercial competition, the winner or winners of which may be eligible for prizes offered by the Group’s Manager or other provider and which do not form part of the prizes offered by the Promoter in this Promotion; "Margin Difference" means the number of points between the margin entered by the Participant for the team they tip to win and the actual margin for the round. The Margin Difference will be calculated depending whether the Participant has tipped the winning team for the Margin Game. If the Participant has tipped the winning team for the Margin Game, the Margin Difference will equal the difference between the actual margin and the margin entered by the Participant. If the Participant tipped the losing team the Margin Difference will equal the actual margin plus the margin entered by the Participant. Participants with a lower Margin Difference will be ranked higher than those with a higher Margin Difference subject to conditions 12 and 14; "Margin Game" means the difference between the score of the winning and losing team for a Match; "Match" means a single game, of and conducted by the relevant Code, between member teams of that Code; "Participant" means a person who is eligible to participate in the Promotion; "Promotion" means this CUtips Footy Tipping Competition whereby winning entries are based on the Results of Matches at the conclusion of the relevant Code's Season; "Results" are the results of Matches as officially determined by the relevant Code in accordance with the rules of that Code following the completion of a Round; "Round" means a round of the relevant Code conducted during that Code's Season; “Season” means the 2010 season of a relevant Code; "Score" means the allocation of points to a Participant for the correct selection of winning teams; "Web Site" means the Web Site of the Promoter at www.cutips.com.au accessible on the Internet through the World Wide Web. 3 The Promotion is open to residents of Australia (and other countries where the law allows residents to enter promotions of this nature). Employees of the Promoter and its agencies associated with this Promotion and their immediate families are ineligible to enter. Entry into the Promotion is free. 4 Entry into the Promotion is available for the following Codes, if applicable: a) From 25th March 2010, 9.00 am for the AFL Code; b) From 12th March 2010, 9.00 am for the NRL Code; c) From 12th February 2010, 9.00 am for the S14 Code. Entry into the Promotion closes for the following Codes, if applicable: a) 31st August 2010, 6.00 pm for the AFL Code (tbc); b) 7th September 2010, 6.00 pm for the NRL Code (tbc); c) 17th May 2010, 6.00 pm for the S14 Code (tbc). 5 To enter the Promotion, a Participant must: a) register their details via the on-line registration form located on www.sharedservices.com.au/cutips . The live release date for registrations is 1st January 2010; and b) for each Round of the Code's Season, make a selection of that Code's teams the Participant tips to win and the margins by which they expect the winning teams’ scores to exceed the losing teams and submit that entry via the Web Site in the manner and within the time frames set out on the Web Site. A draw cannot be selected as a Match selection. 6 A Participant may register either their own personal details for participation in the Promotion or enter a Group registration containing the Group name and personal details of each Participant within that Group. The Promoter however reserves the right not to accept for registration any Participant or Group if the registration contains anything slanderous or defamatory or is otherwise unsightly in any way. 7 If a Participant: a) does not submit an entry for a given Match in a Round, then the Participant's tip for that Match will be deemed to be for that of the team determined by the relevant Code to be the "away team"; b) does not submit an entry into the Promotion for a given Round, the Participant's tips for that Round will be deemed to be those of the teams determined by the relevant Code to be the "away teams" to a maximum of five correct tips for that Round; c) enters the Promotion after the commencement of the first Round of the relevant Code's Season, then the Participants tips for those Rounds that have been completed will be deemed to be those of the teams determined by the relevant Code to be the "away teams" to a maximum of five correct tips for each such Round. 8 A Participant may make or change a tip for a given Match in a Round at any time prior to the scheduled starting time of that Match. 9 In the event of a Match in a given Round being drawn, cancelled, abandoned, not completed or not played for any reason and/or the relevant Code does not officially declare a Result within three (3) days of the date the Match was originally schedule to be played, it is treated as a win for both teams competing in that Match. 10 Participants will be allocated one point towards their Score for each correct selection of a winning team. Participants will be ranked firstly by their Score, where the highest Score is the highest rank. 11 Weekly place winners will be determined by the Participant's Score for that Round and then by their Margin Difference for the same Round and then by their Accumulative Margin. Where Participants have identical Scores, the Participant with a lower Margin Difference will be ranked higher than those with a higher Margin Difference. Where the Participants have identical Scores and identical Margin Differences the Participant with a lower Accumulative Margin will be ranked higher than those with a higher Accumulative Margin. Prizes and their values (if any) for weekly place winners are as set out on the Web Site for the relevant Code. 12 The ranking of end of season place winners will be determined firstly by their total Score for all Rounds of the relevant Code and then by their Accumulative Margin. Where Participants have identical Scores and identical Accumulative Margins the Participant with the lowest weekly Margin Difference for the final Round will be ranked highest. Therefore: a) the Participant with the highest rank will be considered the first place winner for that Code; and b) the Participant with the second highest rank will be considered the second place winner for that Code; and c) the Participant with the third highest rank will be considered the third place winner for that Code (and where two or more Participants have an equal third highest rank then, subject to condition 15, third place will be shared equally amongst those Participants). 13 End of season place winners will be determined at the offices of Brighton Consulting Pty Ltd, Level 1, 507 Kent Street, Sydney, NSW 2000 on the dates and times listed below for the relevant Code, if applicable: a) 2nd September 2010, 10.00 am for the AFL Code; b) 9th September 2010, 10.00 am for the NRL Code; c) 19th May 2010, 10.00 am for the S14 Code. 14 Subject to condition 15, in the event that: a) two Participants have an equal highest rank, then the first place prize will be combined with the second place prize and the resulting amount will be shared equally between those Participants. The third place prize will then be won by the Participant with the second highest rank (and where two or more Participants have an equal second highest rank, then the third place prize will be shared equally amongst those Participants); b) more than two Participants have an equal highest rank, then the first, second and third places will be combined and the resulting amount will be shared equally between those Participants; c) the first place prize is won by one Participant only and two or more Participants have an equal second highest rank, then the second place prize will be combined with the third place prize and the resulting amount will be shared equally between those Participants; d) a place winning Participant is unable to accept a prize for whatever reason, the Promoter will award that prize to the Participant or Participants who would have met the eligibility criteria and been deemed the place winner or winners had the place winning Participant not participated in the Promotion. 15 If a weekly or end of season place winning prize is a non-monetary prize (and had it been a monetary prize it would have been shared by more than one Participant as provided for in conditions 12c) or 14 above) then the details of those Participants which would have shared the monetary prize will be entered into a draw and the Participant first drawn will win that non-monetary prize. Prizes and their values (if any) for end of season place winners are as set out on the Web Site for the relevant Code. 16 Prizes for the competition are as follows: AFL Code Prize Number Prize Description Prize Total 1st Place Prize 1 $1,500 Savings Account $1,500 2nd Place Prize 1 $1,000 Savings Account $1,000 3rd Place Prize 1 $500 Savings Account $500 Last Place Prize 1 $250 Savings Account $250 Weekly First Place Prize 22 $100 Shopping Voucher $2,200 Weekly Lucky Dip Prize 22 $100 Shopping Voucher $2,200 Sub-Total $7,650 NRL Code Prize Number Prize Description Prize Total 1st Place Prize 1 $1,500 Savings Account $1,500 2nd Place Prize 1 $1,000 Savings Account $1,000 3rd Place Prize 1 $500 Savings Account $500 Last Place Prize 1 $250 Savings Account $250 Weekly First Place Prize 26 $100 Shopping Voucher $2,600 Weekly Lucky Dip Prize 26 $100 Shopping Voucher $2,600 Sub-Total $8,450 Super 14 Prize Number Prize Description Prize Total 1st Place Prize 1 $1,000 Savings Account $1,000 2nd Place Prize 1 $500 Savings Account $500 3rd Place Prize 1 $250 Savings Account $250 Last Place Prize 1 $125 Savings Account $125 Weekly First Place Prize 14 $100 Shopping Voucher $1,400 Weekly Lucky Dip Prize 14 $100 Shopping Voucher $1,400 Sub-Total $4,675 Grand Total $20,775 17 Winners will be notified by email and winners of prizes valued at over $100 will be published in The Australian on the 16th September 2010 for the AFL & NRL codes and on the 26th of May for the Super 14 code. If prizes are not claimed by 11th December 2010 for the AFL Code; 11th December 2010 for the NRL Code; 21st August 2010 for the S14 Code; they will be allocated to the individual ranked below them until such time as the prizes are claimed. 18 The Promoter and its agencies associated with this Promotion are not liable and do not accept responsibility for: a) a Participant's tips that are not received or which are received and subsequently corrupted or rejected by the Web Site server, whether submitted by the Participant or by an administrator if in respect of a Group participation. This explicitly includes any private or public tipping competition which use in any way or solely rely on the Web Site as a means for collection and disbursement of data to their participants; b) any lost, misdirected or corrupt emails to or from the Web Site; c) any loss or damage whatsoever (including but not limited to direct or consequential loss) or personal injury suffered or sustained: (i) in connection with a Participants participation in the Promotion or the taking of a place, except that which cannot be excluded by law; and (j) relating to the conduct of the Promotion however caused, including failure of the Web Site or incorrect or corrupt data supplied by the Promoter to Participant. 19 Information about Participants is used by the Promoter to assess and process registration in the Promotion. If an applicant does not provide the required information, the Promoter cannot process the registration. All entries become the property of the Promoter and will be entered into a database. Information emanating from the Participant's participation in the Promotion is used by the Promoter and its agencies associated with this Promotion for the determination of winners and distribution of prizes, if any, awarded to a Participant. Participants consent to publishing their name and accumulated winning team points in the results section of the Web Site. The Promoter will not be held responsible for any loss of reputation, status or otherwise in connection with a Participant's tipping selections and consequential results. It is a condition of entry that Participants consent to these uses and disclosures of their information. Information about Participants may also be used by the Promoter, its agents, contractors and related companies, for the purposes of carrying out marketing, planning, product development and direct mail and promotional campaigns unless a Participant otherwise withdraws their consent to the use of their information in this manner. 20 Notwithstanding the Promoter's rights under condition 6 to not accept or to subsequently disqualify a Participant or Group, the Promoter will not be liable for any legal action arising out of any Group name being slanderous, defamatory or unsightly to the public at large or any similarly sounding or related group and any Participant who uses a Group name which is subsequently found to be slanderous, defamatory or unsightly in any way will indemnify the Promoter, its agents, contractors and related companies from any legal action, claim or dispute arising in relation thereto. 21 In the event there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and no correspondence will be entered into. 22 The Promoter shall not be liable for any manufacturer defects in prizes or for any loss, damage or personal injury whatsoever which is suffered or sustained (including but not limited to indirect or consequential loss) as a result of taking a prize, except for any liability which cannot be excluded by law. 23 The Promoter is Brighton Consulting Pty Limited, Level 1, 507 Kent Street, Sydney NSW, 2010. ABN 93 096 179 216 24 Permits: CUtips AFL ACT TP 10/00222.1, NSW LTPS/10/00329, VIC No 10/149 CUtips Super 14 ACT TP 10/00221.1, NSW LTPS/10/00328. CUtips NRL ACT TP 10/00223.1, NSW LTPS/10/00331, VIC No 10/185
I agree with the above Terms and Conditions