Terms & Conditions. Favourit Australia Pty Ltd Terms & Conditions Version Date: 30 th March 2017

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1 Terms & Conditions 1. General 1.1. The website ("Website") and the challenges available on the Website are operated by Favourit Australia Pty Ltd ("FAV") with ABN FAV is licensed in the Northern Territory ( NT ) by the Northern Territory Racing Commission ( NTRC ) to accept bets and wagers by electronic transmission, twentyfour (24) hours per day. All bets made with us are to be considered as placed and received in the Northern Territory and are processed by us on our servers in the Northern Territory, in accordance with our licence The use of this Website is governed by these Terms and Conditions, and may be amended at any time as required. By using this Website, you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them as well as the Privacy Policy and the Betting Rules If you do not agree with these Terms and Conditions, the Privacy Policy or the Rules (including any amendment to any of these documents), you should immediately cease using the Website FAV may amend these Terms and Conditions, the Privacy Policy and/or the Rules at any time. Once we have made any changes, we will notify you of these changes on our Website and via By continuing to use the Website after any amendments have been made, you agree to be bound by these changed documents. It is your responsibility to review these documents to understand the changes that have been made FAV is committed to the responsible management of your information. For further details, view FAV's Privacy Policy here The Website includes any content or data, including any subdomains of the Website, or related top-level domains including mobile sites, Apps, APIs and widgets.

2 2. Use of Website 2.1. The Website is intended for personal use only You must not use the Website unless you are aged 18 or over and a resident of Australia or New Zealand You agree that it is your responsibility to check that use of the site is legal in the jurisdiction in which you are currently located You are only permitted to hold one account at a time and this account must be in your own personal name Save as stated by us in the Privacy Policy or as required by law, FAV will only provide any account related information to the account holder You must not use the Website to collect and/or store the personal data of any of our users You must not use the Website to facilitate the advertising of any third party unless you have our prior written consent Without limitation, you must not send our users spam mail and you must not post links to the website of any third party anywhere on the Website You must not use any automated device, software, process, scripting or means to access, retrieve, scrape, or index the Website or any content on our Websites without our express prior written consent You must not use any device, software, process or means to interfere or attempt to interfere with the proper working of our Websites You must not undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in Our sole discretion to be unreasonable or disproportionate site usage You must not use or index any content or data on the Website for purposes of competing with us in any manner that we have not specifically authorised You must not use the website or any content in any manner which is, in our sole discretion, not reasonable and / or not for the purpose it is made available You must not violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right You must not pose as another person or entity or attempt to solicit money, passwords or personal information from any person You must not reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our website, except as expressly authorised by us You must not transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of the Website, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.

3 3. Account Registration and Identity Verification 3.1. FAV operates fantasy sports challenges via the Website. To participate in a challenge, you must hold an account with FAV. You acknowledge and agree to this when you register for an account: 3.2. You must provide true and accurate information about yourself and ensure your details are kept up-to-date on your account; If you provide any false or inaccurate information or, if FAV reasonably suspects that you have provided false or inaccurate information, FAV may prevent you from opening an account As part of the registration process, you will be asked to select a user name and password. We recommend that you change your password regularly FAV may refuse to grant you a user name that impersonates someone else, is or may be illegal, is a name in which another person s may have intellectual property rights, is vulgar or otherwise offensive, may cause confusion, or is already in use by another user of the Website, as determined by FAV at its sole discretion You are solely responsible for maintaining the confidentiality of your user name and password and for any and all activities that are conducted using your account You will not be permitted to make any withdrawal from your account until we are satisfied that your identity has been verified Identity verification is completed on our behalf by a third party identity verification service provider You agree that, at the time you register for an account, you must provide us with all the information we require to verify your identity, including, for example, full colour copies of your drivers licence and/or other photo identification This identification will then be checked against the database of the third party identify verification service provider In accordance with the Anti-Money Laundering and Counter Terrorism Financing Act 2006 and regulatory conditions, we will undertake the verification of your identity within 45 days after your Account is opened, and prior to any withdrawals being made from your Account If we (or the third party on our behalf) are unable to verify your identity at the time you register, you must follow the process set out on our Website and provide us with all the information and documents we require so that we can verify your identify within 45 days of you opening your account If we are unable to verify your identity within 45 days of you opening an account, we may, at our sole discretion, close your account and retain all the funds until your identity has been verified to our reasonable satisfaction It is your responsibility to notify FAV if you suspect any suspicious activity on your account By accepting these terms and conditions, you provide consent for FAV to disclose your name, residential address and date of birth to the credit reporting agency and ask the credit reporting agency to provide an assessment of whether the personal information provided matches the personal information contained in a credit information file in the possession or control of the credit reporting agency.

4 3.15. We will verify an account holder using a service (Green ID) that will verify a client using various Australian Databases This process is to assist in verifying your identity for the purposes of the Anti-Money Laundering and Counter-Terrorism Act The credit reporting agency may prepare and provide FAV with such an assessment and may use your personal information including the names, residential addresses and dates of birth contained in credit information files of you and other individuals for the purposes of preparing such an assessment. 4. Entering Challenges (placement of bets) 4.1. To enter a challenge (place a bet), you must, before lock-out (which is the kick-off for the first match to which that challenge relates), select a lineup of athletes and follow all instructions on the Website relevant to that challenge If you are playing a pay to play challenge the balance of your FAV account must be, at a minimum, the equivalent of the entry fee for that challenge at the time you enter your fantasy lineup The entry fee will be displayed on the Website and will be deducted from your FAV account at the time you enter the challenge By entering a pay to play challenge you acknowledge and agree to a portion of the entry fee (rake) being held by FAV for entry into the challenge Your participation in the challenges, as well as the scoring of the challenges, is governed by the Rules, which are available here All challenges on the FAV website require a minimum of two (2) entrants. If at the lock-out time there is only one (1) entrant, the challenge will automatically be cancelled and the entry fee returned to the entrant An entry into a challenge cannot be cancelled once it has been accepted. Exceptions to this rule may be made at our own discretion Individual prize breakdown is visible within each challenge from the prizes tab before and after entering a challenge We will endeavour to ensure that errors are not made when accepting challenge entries. However, we reserve the right to cancel any entry or challenge where a palpable error has occurred. If an entry or challenge is cancelled because a palpable error has occurred, we will endeavour to contact you If a challenge is cancelled, your entry fee will be returned to your account If you are allowed to erroneously enter a challenge after it has commenced, you agree that we may retrospectively void the entry and we will be entitled to repayment from you for any winnings in relation to such a challenge that has been withdrawn from your account. If this occurs, you agree that we will issue an invoice in respect of the winnings paid in error, and that the invoice shall be evidence that the amount is due and payable immediately.

5 5. Challenge Scoring 5.1. During a challenge your entry will earn points as the athletes in your Lineup compete in their match in accordance with the scoring system for the applicable sport The statistics used to calculate the points will be those supplied by our official statistics providers for each Sport, being Third Party Suppliers. No statistics other than those supplied by our official statistics providers will be used or considered by FAV FAV reserves the right to change its official statistics providers at any time. We will notify you of these changes on our Website and via Whilst the Website will show "close to live" updates on points scored by athletes, the results of a challenge is not determined until the finalised statistics are confirmed by our official statistic providers and final points are calculated Each Entrant competing in a challenge will be ranked in accordance with the total points scored by the athletes in their lineup from highest to lowest See for further detail on challenge scoring. 6. Prize Payouts 6.1. Payouts will be credited into accounts of winning entrants after final statistics confirmation is received from our third-party data providers. In the event data errors are provided to us we reserve the right to adjust challenge results using the correct data and update payouts. This may result in reversal of funds credited into your account Any changes to final statistics or perceived errors from our third-party providers after a challenge has paid out will not be considered. Claims that a participant s entry has been affected will not be considered If funds are credited into your account in error for any reason, you must notify us without delay to return the funds credited into your account in error. Any such amounts that have been wrongfully credited to your account are immediately due and payable by you to us regardless if the funds remain in the account, have been used to enter additional challenges negatively effecting account balance or withdrawn out of your account In the event winning entrants have tied scores at the end of a challenge, the tied entrants will be awarded equal prize amounts in accordance with the prize amounts set out in the challenge. For example, if two entrants tie for first place then the prize amounts allocated for first and second place will be combined, and then divided equally between the two entrants Prize payouts will be allocated as per the breakdown displayed within each individual challenge; challenges may have a fixed guaranteed or flexible guaranteed payout which will be visible to the user on challenge entry Flexible guaranteed payout Prior to commencement of a flexible guaranteed payout challenge, the prize breakdown will be displayed within a range from minimum to maximum amounts for winning positions. FAV will guarantee the minimum prize amounts. The number of entrants in the challenge will determine the exact prize amounts.

6 When the Challenge has commenced and entrants confirmed, the prize breakdown will be confirmed and displayed within the challenge. The challenge will payout the maximum amount if it fills or a recalculated amount when the entry fees (minus the rake held by FAV) is greater than the minimum prize amount guaranteed by FAV Fixed guaranteed payout Fixed guaranteed payout challenges guarantee the prize amounts shown for the winning positions. 7. Responsible Gambling Policy 7.1. FAV is committed to responsible gambling Our operations are governed by this Responsible Gambling Policy and the Northern Territory Code of Practice of Responsible Online Gambling ( If you would like to restrict yourself from participating in the Challenges and from making any deposits into your FAV account, you can do so by following the online form as accessible in your account profile. Alternatively this can be done by following the steps below Please us at Customerservice@sportsfantasypro.com and request selfexclusion We will then you and ask you if you would like to be excluded for a period of 3 months, 6 months, 1 year or permanently ( Self-Exclusion Period ); and Your Self Exclusion Period will commence once we receive your response You agree that you are responsible for any attempt you make to participate in any Challenge during your Self-Exclusion Period and the consequences of this attempt FAV accepts no responsibility for clients who decide to participate while intoxicated, under the influence of drugs etc Challenge participation, spending and deposit limits submitted using the online form will not be cancelled if requested. 8. User Input 8.1. You grant to FAV a non-exclusive, perpetual and irrevocable royalty free licence to copy, adapt, publish, communicate to the public and otherwise use all or any part of the materials, information or ideas provided directly or indirectly by you through the Website You warrant that you are entitled to grant such rights to FAV and agree to indemnify FAV if any third party takes action against FAV in relation to information you provide All information received from you shall be deemed to be non-confidential For the avoidance of doubt, this clause does not apply to any personal information you provide us when registering for an account and/or for the purpose of verifying your identity.

7 9. Links and Advertising 9.1. The Website will contain hyperlinks to third party websites and/or advertising for third parties' goods and services FAV neither controls such linked websites or advertising nor is it liable or responsible for their content Display of third party links or advertising on the Website does not imply any endorsement by FAV of those linked web sites or any advertised goods or services You are solely responsible for any charges or obligations that may be incurred as a result of any dealings with operators of linked websites or vendors of advertised products. Other websites may also have a link to the Website posted on their website FAV is not responsible for the content, or the actions of any operator, of any of these websites FAV may be entitled to payment from a third party after you visit a third party website that is advertised on the Website. You agree that you are not entitled to this payment. 10. Copyrights and Trademarks The Website is protected by Australian copyright law. This copyright is owned by, or licensed to, FAV The Website also displays registered and unregistered trademarks, which are owned by, or licensed to, FAV Except for the direct purpose of viewing and accessing the Website for your own personal use (and this use must be in compliance with these Terms and Conditions), you must not reproduce, modify, communicate to the public, adapt, transfer, distribute or store any of the contents of the Website, including any Challenge, or incorporate any part of the Website into another web site without FAV's consent Except as permitted by these Terms and Conditions, you are not permitted to use the trademarks or any other intellectual property of FAV or any other party whose intellectual property appears on the Website or whose intellectual property is used by FAV to develop and/or maintain the Website ( Third Party IP Owner ) You acknowledge and agree that FAV and each Third Party IP Owner reserve their rights and may take action against you, including legal proceedings to protect their rights. 11. User Indemnity Subject to the Australian Consumer Law, you agree to defend, indemnify and hold harmless FAV and its employees, directors, and officers from any claims, actions, losses, damages, liabilities, judgments, settlements, and other costs and expenses (including legal fees and disbursements) arising out of or relating to: (i) any breach of your obligations under these Terms and Conditions, or (ii) the placement by you of a link to the Website on any website or in any This indemnity shall include any costs and expenses incurred by FAV in any actions taken to enforce this indemnity.

8 12. Disclaimer and Limitation of Liability Subject to the Australian Consumer Law: In no event shall FAV be liable (whether for breach of contract, negligence or for any other reason) for any loss arising from the use of the Website You agree that your use of the Website is on an as is and as available basis and that your use of the Website is at your sole risk. Except as expressly set out in these Terms and Conditions, FAV does not make any representations or warranties in relation to the Website (including any implied term relating to quality, fitness for a particular purpose) You agree that FAV is not responsible for any statement or opinion expressed by any user on the Website. You agree that you are solely and fully responsibility for any comment you post on the Website FAV does not, and nothing in these Terms and Conditions shall act to, exclude or limit FAV s liability for death or personal injury resulting from its negligence or fraud. 13. Account Suspension/Closure and Termination FAV has the right to suspend or close your account and/or terminate your participation in any Challenge if we have knowledge or a reasonable suspicion that: You are in breach of these Terms and Conditions; You are using your account to defraud FAV; You are using a third party s credit card; You are involved in any activity which may threaten the integrity of any sporting code; You are using an account which is not registered in your name and/or you provided FAV with false or inaccurate information as part of the account registration or identity verification process; or You are using or Website for illegal and/or unlawful or improper purposes In any of the circumstances set out in (13.1.1) to (13.1.6) above (inclusive), you agree that FAV may provide the relevant law enforcement authority/and/or sports controlling body and/or the Northern Territory Racing Commission with any information it has relating to these circumstances, as well as your personal information In addition to our other rights under this clause 13, FAV reserves the right to revise the content of, amend links from, or withdraw access to the Website at any time without notice Your account and/or your ability to participate in all or certain Challenges may be terminated at any time without notice to you Any indemnities given by you and limitations on FAV's liability will survive termination of your use of the Website and/or the closure or suspension of your account.

9 14. Termination/Suspension of Betting Services FAV reserves the right to terminate or suspend any Challenge at any time and/or cancel any individual s participation in any Challenge at any time in our absolute discretion Subject to this section 14, you irrevocably agree that the courts of Northern Territory shall have non-exclusive jurisdiction to settle any dispute which may arise out of, or in connection with, these Terms and Conditions You agree that the construction and interpretation of these Terms and Conditions, the Privacy Policy and the Rules shall be governed in accordance with the laws of the Northern Territory and shall be subject to the non-exclusive jurisdiction of the Northern Territory, to which you submit, except that either you or we may seek an interim injunction in any court of competent jurisdiction You agree that, if you have any complaint or dispute, you will first contact us at: customerservice@sportsfantasypro.com If this dispute cannot be resolved between You and Us, that Dispute must be referred to a representative of the NTRC (Northern Territory Racing Commission) via at bookmaker/gambling-disputeform or post addressed to Gambling Disputes, GPO Box 1154, Darwin, Northern Territory, for final determination. A Dispute must be lodged with the NTRC within fourteen (14) days of the Dispute arising. The decision of the NTRC is final and binding on You and Us. Nothing in these Terms and Conditions precludes a party from seeking urgent interlocutory relief from a court if such relief is reasonably required You agree that you will not commence proceedings in any court unless the NTRC has completed its complaint/dispute handling process and has informed you, in writing, that this process has been completed. 15. Credit Card Deposits It has come to our attention that some of our clients have been affected by a change of policy regarding credit card deposits. Traditionally, depositing with a credit card was treated as a normal payment by banks and no extra fees were charged to your account. However, in recent times it appears that some banks have started charging a surcharge because all deposits into FAV are being treated as cash substitutes. To determine if these surcharges apply to you, please check with your financial institution FAV does not charge any transaction fees to its clients. All the deposit methods listed on our Website are paid by us to ensure the amount you want to deposit is what you receive in your account balance. 16. Funds and Withdrawal of Funds Your funds are held in a bank account in our name, separately to FAV operating funds. Funds held in your account shall not receive any interest, and shall not be considered to be held in trust by FAV for you. We maintain separate bank accounts which contain sufficient funds to cover all account holders funds.

10 16.2. In compliance with legal obligations, you can only fund and bet on your account using your own personal funds. FAV may require verification of account ownership Withdrawal of Funds requests can only be processed after you have passed the account verification requirements Withdrawal of Funds requests will be processed within 5 days of the request being received by FAV. There is a $10.00 minimum withdrawal amount for accounts where the account holder is a resident of Australia. There is a $ minimum withdrawal amount for accounts where the account holder is a resident of New Zealand Withdrawn funds can only be paid into your personal bank account. FAV may require verification of account ownership Any fees charged by your bank or financial institution for the receipt of funds is your own liability and will not be covered by FAV. 17. Inactive Accounts FAV shall consider an account inactive after 24 consecutive months of no deposits, withdrawals or betting activity To keep an Inactive Account open you must pay a fee of $10 per month ('Administration Cost') which will be deducted from your Inactive Account (unless your Account balance is $0). To avoid the administration cost, you can simply either enter a challenge or withdraw your funds into your bank account. If this occurs your account will no longer be deemed an Inactive. 18. Insolvency In accordance with FAV`s licence conditions, FAV maintains a separate bank account, the contents of which match every dollar of client s funds as a safeguard in the event of insolvency. To ensure compliance this is regularly monitored by the NTRC. 19. Miscellaneous These Terms and Conditions, Promotional Terms & Conditions the Privacy Policy and the Rules constitute the entire agreement in relation to your use of the Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and FAV in relation to your use of the Website If any provision of these Terms and Conditions is deemed illegal, invalid or unenforceable for any reason, the remainder of these Terms and Conditions shall continue in full force and effect If you have entered a pay to play challenge, we reserve the right to provide any Australian governing sporting body with personal or account information if requested during a legitimate enquiry.

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