Garth Kay wrote:trishan wrote:Garth I think that legally speaking (and I only have a partially completed law degree) you can not enforce the term that people need 10 away games.
I am not sure of the specifics but when you run a promotion you need to make sure that participants are made fully aware of terms and conditions and that burden falls on the promoter (ie. you).He doesn't believe that the rules should be changed towards the end of the season simply because people were misinformed or unprepared to read up on the information supplied to all players in regards to the new league.
I again emphasise the burden is on the promoter and not the participant to ensure full knowledge of terms and conditions. I don't think you would satisfy that burden by simply getting TCs to let people know and having a flyer distributed only in away games.
You basically have to do all that is practical to ensure people know the T&Cs. You can send email to all particpants, send a letter in the mail, place notice on website, distribute flyers or copies of T&Cs at venues.
Given you have not done all that is practically possible to inform players of T&Cs this season, there is no way you can enforce a term or condition like the 10 game rule.
I highlight the part. This has been done. Terms and conditions have been available on the website for all season. Fliers were distributed to all players in venue as well as new information packs. Player emails have been sent consistently throughout the season.
We are not required to leave T and C's in venue, we just reference the website for all your information needs.
I also need to pull you up on something Trishan - this is not a promotion.
This is a league with a seasonal fixture. The game played is a game of skill with an element of chance, the process for qualifying for this final is based consistent performance, throughout the given time frame, of which skill is the underlying predominant factor.
In regards to promotional Terms and Conditions, the burden that falls on the promoter is to ensure that all promotional terms and conditions are easily found and their location is advertised and that they are able to be viewed by the general public. That is all.
How often do you see Terms and conditions of this promotion are able to be viewed at http://www.whogivesa.com.au? And I don't believe any company ensures that every entrant is fully aware of the T and C's. Anyways this is a complaint based law and something that has very little to do with our organisation at this time.
Also I believe I am being more than accommodating in this matter and I don't appreciate attempted legalese been throwing at me. It has a tendency to get my back up and create an even more unflexible decision from me.
I have already acknowledged that there is confusion in regards to this matter and that I will review it this week. I am also expressing the viewpoints of players and contractors who wish to remain anonymous; so everyone is aware that there are other parties who are upset at any decision I make on this policy.
I am not attempting to throw legalese at you or knock you back because I think you do a really good job. As I said I don't know much about this area - the topic came up the other day in one of my contract law classes so thought I would put another view out there which you need to consider when you make the decision.
Whether the term is enforced or not it will not affect me but I can see how it might affect others. If you feel you have done all you can practically do to make T&Cs known to player as well as accessable to players then this is not an issue.
