PredictoMobile 2009 Australia Sweepstakes
Official Rules

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. Each text message, sent or received, may incur a charge as provided in your mobile rate plan. If you enter via text-messaging, you will receive one (1) text message in response to your entry. Text-messaging may not be available through all wireless carriers.

1. Eligibility: The PredictoMobile 2009 Australia Sweepstakes (the “Sweepstakes”) is open only to legal residents of Australia who are at least eighteen (18) years old at the time of entry. Employees of PredictoMobile, LLC, ePrize, LLC, and their parent and affiliate companies, suppliers as well as their family and household members are not eligible. Subject to all applicable laws and regulations. Void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.

2. Sponsor: PredictoMobile, LLC, One Bridge Plaza, Ste. 275, Fort Lee, NJ 07024. Australian Sponsor: 5th Finger Pty Ltd, Level 7 Australia Square, 264 George Street, Sydney NSW 2000 Australia ABN 24 091 591 007. Administrator: ePrize LLC, One ePrize Drive, Pleasant Ridge, MI 48069 U.S.A.

3. Timing: The Sweepstakes begins at 2:00 p.m. AEST, September 21, 2009, ends at 1:59 p.m. AEDT, March 15, 2010 (the "Competition Period") and consists of six (6) monthly entry periods (each a "Monthly Entry Period") and a Grand Prize entry period ("Grand Prize Entry Period"). The Entry Period dates and times are set forth in the chart below:

The Grand Prize Entry Period is coextensive with the Competition Period. Non-winning entries will not carry over into subsequent Monthly Entry Periods. Administrator’s computer is the official time keeping device for the Sweepstakes.

4. How to Enter: To enter, eligible individuals must, during the Competition Period, either (a) be a member of PredictoMobile or sign up to become a member of PredictoMobile by visiting http://au.predicto.com and following the prompts to register and complete a survey by SMS by following the steps set forth in subsection 4(a) below; or (b) mail in a postcard by following the steps set forth in subsection 4(b) below.

Limit: Each person may enter up to ten (10) times per day during the Competition Period, regardless of method of entry used to enter. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any registration or play, the authorised account holder of the email address used to register will be deemed to be the registrant or player. The “authorised account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider or other organisation responsible for assigning email addresses for the domain associated with the submitted address. Winners may be required to show proof of being the authorised account holder.

The personal data an entrant submits upon registration will be stored on servers in Canada and the United States of America. Entry into the Sweepstakes constitutes entrant's consent to the export of his/her personal data to the United States of America and its use there for the purposes of administering this Sweepstakes and associated processing (e.g., but not limited to back-up, archiving). The servers are controlled by the Sponsor and/or the Administrator who have notified the U.S. Department of Commerce that they adhere to the rules of the Safe Harbor Framework available under http://www.export.gov/safeharbor/SH_Privacy.asp. Entrants' personal data will be stored on these servers and used for the purposes of administering this Sweepstakes and associated processing of entries.

5. Drawings and Verification of Potential Winners: Potential winners must continue to comply with all terms and conditions of these Official Rules; and winning is contingent upon fulfilling all requirements. Australian Sponsor, an independent judging organization whose decisions as to the selection of winners are final and binding in all matters related to the Sweepstakes, will randomly select the First Prize winners, from all eligible entries received during each Monthly Entry Period, on the dates set forth in the chart in Section 3. Australian Sponsor will randomly select the Grand Prize winner, from amongst all eligible entries received during the Competition Period, on April 1, 2010 at 1:00 pm. The First Prize drawings and the Grand Prize drawing will take place at the Australian Sponsor's offices at Level 7 Australia Square, 264 George Street, Sydney NSW 2000. Winners will be notified by telephone and either email, text-message or registered mail after the date of the random draw. Winner names will be published in The Australian in accordance with the table above. To be eligible to receive a prize, winners of any prize who entered via text-message must reply to the win notification with any requested information within fourteen (14) days of the time the win notification was received.

After replying to the win notification, the Grand Prize winner will be required to sign and return to Administrator, within fourteen (14) days of the date notice is sent, a confirmation of an Affidavit of Eligibility, Liability and Publicity Release ("Affidavit") in order to claim his/her prize. A winner is ineligible to receive a prize if a winner within three (3) months of the draw date for any prize cannot be contacted, fails to respond to the notification (if applicable), or fails to sign and return the Affidavit within the required time period (if applicable), he/she forfeits the applicable prize.

The Sponsor reserves the right to verify the validity of entries and entrants (including an entrant’s identity, age and address) and to disqualify any entrant who submits an entry that is not in accordance with these Official Rules or who tampers with the entry process. If there is a dispute as to the identity of an entrant, the Sponsor reserves the right, in its sole discretion, to determine the identity of the entrant. Prizes will be received within twenty eight (28) days after the conclusion of the Sweepstakes. The names of winners will be published in The Australian on the dates set forth in the chart above. The Australian Sponsor will conduct (if applicable) an unclaimed prize draw on the dates specified in the below table at the same time and place as the original draw, subject to any directions from a regulatory authority (“Unclaimed Prizes”). Unclaimed prize draw winners’ names will be published in The Australian on the dates specified in the below table.

6. Prizes: ONE (1) GRAND PRIZE: Total value of the Grand Prize is up to $10,000 AUD to be awarded by way of a crossed cheque, unless the winner approves another method of awarding the Grand Prize. The odds of winning a Grand Prize depend on the number of eligible entries received during the Competition Period. SIX (6) FIRST PRIZES (one (1) First Prize per Monthly Entry Period): Each First Prize is valued at up to $500 AUD. Odds of winning a monthly First Prize depend on the number of eligible entries received during the corresponding Monthly Entry Period. The total prize pool value is up to $13,000 AUD.

7. Release: By receipt of any prize, each winner agrees to release and hold harmless Sponsor, ePrize, LLC and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize. To the extent permitted by law, the Sponsor, its employees and agents shall not be liable for any claims, losses, damages, injuries, costs and expenses suffered, sustained or incurred (including but not limited to indirect or consequential damages) as a result of, arising out of, or in any way connected with this Sweepstakes and/or its prizes.

8. Publicity: Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s use of winner’s name, image, likeness, personal testimonial and city and country of residence for promotional purposes in any media, worldwide, without further payment or consideration, including but not limited to posting winner lists online.

9. General Conditions: If, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and, subject to the approval of those authorities which have issued permits for the conduct of this Sweepstakes. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or of any other provision of these Official Rules.

10. Limitations of Liability: Released Parties are not responsible, to the extent permitted by law, for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilised in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorised human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize (other than as a direct result of the Sponsor's negligence). No more than the stated number of prizes will be awarded.

11. Disputes: This Sweepstakes is subject to the laws of the relevant Australian States and Territories. To the extent that the laws of the relevant Australian States and Territories do not apply to these Sweepstakes, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.

12. Entrant's Personal Information: Participation in the Sweepstakes implies authorisation to transfer personal data to the United States for purposes of administration of the Sweepstakes. All information submitted to the Sponsor as part of this Sweepstakes will be treated in accordance with the Sponsor’s privacy policy at http://www.au.predicto.com/privacy and ePrize’s privacy policy at http://www.eprize.com/privacy/privacypolicy.html. Personal information will be used to: (a) contact potential winners; and (b) if an entrant selects to receive additional information from the Sponsor on the entry form, to send additional information to that entrant. Entrants have the right to access, withdraw, and correct their personal data. Entrants may request such action by sending a message to "PredictoMobile 2009 Australia Sweepstakes Opt-out Request," c/o ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069 U.S.A.

13. Registration: This promotion has been authorized in Australia under NSW permit No. LTPS/09/08847, VIC permit No. 09/3042, SA permit No. T09/2254, ACT permit No. TP 09/03728.

14. Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than August 1, 2010. For the Winner List, send an email with subject line: "PredictoMobile 2009 Australia Sweepstakes, Winner List Request," to WinListRequests@eprizefulfillment.com.

15. General: Nothing in these terms and conditions shall be deemed to exclude or restrict any of the winner's or entrant's statutory rights as a consumer.
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