Terms and Conditions
This Agreement is a binding agreement between you and Fresh Million. This Agreement sets out the terms and conditions governing your participation in competitions on this Site, so please read it carefully. If you are uncertain, or you do not agree with the terms and conditions then you should not accept them.
Part 1: Definitions
- "Entry" means a proposal by a specific Entrant to pay a specific Entry Fee to have a chance to win a competition;
- "Entry Fee" means a value in Unites States Dollars ($) that may be proposed in one or more Entries;
- "Entrant" means a person who submits an Entry;
- "End Date" means the date at which a competition will close;
- "Selected Entrant" means the sole Entrant that is determined to have the right to receive a specific Prize Fund on a competition as per this agreement;
- "Qualifying Question" means the question that may be asked when an Entrant places an Entry. Unless this question is answered correctly, the Entrant is not eligible to win the competition;
- "Prize Fund" means a value in United States Dollars ($) that may be received by one or more Entrants.
Part 2: Terms and Conditions
- General
- Acceptance of Entry Proposals
- Determination of Selected Entrants
- Entry Fee payments by Credit/Debit Card
- Refunding of Entry Fees
- Provision of Prize Fund
- Use of Information
- Disclosure of Entrant Information
- Fresh Million's Liability
- Governing Law
1. General
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1.1. The accessing and use of this site, and the submission of an Entry in any competition, constitutes agreement to these terms and conditions.
1.2. For each specific competition Fresh Million will determine the following:
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1.2.1. The Prize Fund on offer.
1.2.2. The End Date of the competition.
1.2.3. The Entry Fee per Entry.
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1.3.1. Once the number of Entries has been reached.
1.3.2. Once the End Date of the competition arrives and Fresh Million chooses to close competition, even if the number of Entries has not been reached.
1.5. Once a competition has closed, the winner will be determined as per clause (3) of this Agreement. Fresh Million may at its discretion and at any time following the close of the competition, place other identical or similar Prize Fund in a different competition. No Entries placed in any individual competition will count as Entries in any other competition. In addition the competition variables (e.g. Entry Fee, Number of Entries etc.) may differ between individual competitions, even though the Prize Fund that is being offered is either identical or similar.
1.6. Fresh Million is the sole determinant of the correct answers to the Qualifying Question and under no circumstances shall correspondence be entered into on the correctness of the answer.
1.7. Entrants warrant that they are 18 (eighteen) years of age or older.
1.8. Fresh Million is entitled to change these Terms and Conditions at its discretion. The new Terms and Conditions will govern all competitions, which commence after the time when they are published on the Site. Fresh Million will bring new Terms and Conditions to the attention of users of the site by referring users to them on the screen users first access when they visit the site to participate in a competition.
2. Acceptance of Entry Proposals
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2.1. The following information is required in order to submit an Entry:
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2.1.1. The Prize Fund applicable to the Entry.
2.1.2. An Entry Fee.
2.1.3. Full name.
2.1.4. An address.
2.1.5. A contact number.
2.1.6. A valid email address.
2.3. Fresh Million reserves the right to cancel any Entry without making a refund of the applicable Entry Fees under any one or more of the following circumstances:
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2.3.1. The Entrant provides false or non-existent information of the following type when making an Entry: full name, contact telephone number, email address and/or credit/debit card details.
2.3.2. A fraudulent credit card is used to pay the relevant Entry Fee(s).
2.3.3. The bank or other credit institution reverses the credit card transaction for the Entry Fee payment.
2.3.4. Any other breach of this Agreement.
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2.4.1. An Entry is submitted or payment for the Entry Fee is received after the close of a competition.
3. Determination of Selected Entrants
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3.1. The Entrant that is randomly drawn from the entries with the correct answers is determined the Selected Entrant for that specific competition thereby acquiring the right to receive the specific Prize Fund.
3.2. Should the Selected Entrant fail to collect the Prize Fund within 30 days of the close of the competition then the right to receive the Prize Fund will be forfeited.
3.3. There may be a period of up to 30 days from when a competition closes until the competition results are announced. This period is to allow for the reconciliation of Entries and the auditing of results.
4. Entry Fee payments by Credit/Debit Card
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4.1. The Entrant warrants that he/she is the owner of the credit/debit card and is authorised to make use of it for the purposes of participating in a competitions.
4.2. Fresh Million uses one or more third party payment service providers for the acceptance of payments for competitions. While Fresh Million has endeavoured to ensure that due care is exercised in handling credit/debit card information, including the use of Secure Sockets Layer (SSL) for the transmission of sensitive information over the Internet and industry standard encryption for the storage of sensitive information as well as password / firewall access controls to this information, Fresh Million will not be liable for any compromise or misuse of this information.
5. Refunding of Entry Fees
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5.1. Provided a Selected Entrant for a specific competition is determined as per clause (3), no credit of Entry Fees will be offered.
5.2. In the case where Fresh Million offers a credit of Entry Fees as per clause (2.4), each Entrants Fresh Million account will be credited with the amount due and such credit balance may then be used to offset Entry Fees on future Entries or otherwise be refunded if so requested by the Entrant.
5.3. If a refund is requested by a specific Entrant, Fresh Million will attempt to refund any credit balance by refunding the credit/debit card last used when paying an Entry Fee. If Fresh Million is unsuccessful in effecting such a refund, then Fresh Million will email the affected Entrant (using the last email address they have provided to Fresh Million), requesting information required in order to process the refund.
6. Provision of Prize Fund
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6.1. Any reasonable transfer, conversion and/or delivery fees which are payable in relation to the Prize Fund will be paid by Fresh Million.
6.2. In addition to paying the Prize Fund to the Selected Entrant, Fresh Million will make a donation of $10,000 paid to the Selected Entrant for the relevant competition, either directly or via the Selected Entrant for the relevant competition, to a charity selected by the Selected Entrant of the relevant competition provided that any such charity is approved by Fresh Million.
6.3. In the event that either a Selected Entrant refuses or is otherwise unable to select a charity or Fresh Million fails to approve any charity which is selected and are unable to agree a suitable alternative Fresh Million will make the donation to a charity of Fresh Million's choice.
7. Use of Information
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7.1. Unless otherwise agreed by the Entrant, Fresh Million will not sell personal Entrant information to any third party, or use that information other than for the performance of this Agreement.
8. Disclosure of Entrant Information
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8.1. Each Entrant acknowledges that, if he/she becomes the Selected Entrant as a result of a competition closing, Fresh Million will be permitted to publicise his/her full name and location, and the Prize Fund which was the subject of the relevant competition.
9. Fresh Million's Liability
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9.1. Reasonable control. Fresh Million shall not be liable for any failure to perform its obligations under this Agreement caused by matters beyond its reasonable control.
9.2. Excluded loss. Fresh Million will not be liable to any Entrant or Selected Entrant for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise).
9.3. Maximum liability. Without limiting the preceding clause, the liability of Fresh Million under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of (a) $50, or (b) an amount equal to the sums paid or payable by or to you in the competition to which such liability relates, regardless of the cause or form of action.
9.4. Non-excluded liabilities. Nothing in this Agreement limits Fresh Million's liability for death or personal injury resulting from Fresh Million's negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.


