Terms and Conditions of Entry for the BigPond® Music Promotion: Win A Jack White Prize Pack including tickets to see him live! Promotion (“Promotion”)
1. Information on how to enter and prize details form part of these conditions. Entry into this Promotion is deemed acceptance of these terms and conditions of entry.
2. The Promoter is Telstra Corporation Limited ABN 33 051 775 556 of Level 3, 400 George Street, Sydney NSW 2000 ("Promoter").
3. The Promotion will be open from 9.00 am Australian Eastern Standard Time ("AEST") on 20 April 2012 and will continue until 11.59 pm AEST on 18 May 2012 ("Promotion Period").
4. Entry is open to all Australian residents, aged 18 years and over, other than management, employees or contractors of the Promoter and other agencies, firms or companies associated with the Promotion (including suppliers of prizes), and their immediate families ("Eligible Entrants").
5. To enter and be eligible to win, Eligible Entrants must, during the Promotion Period, complete either one of the Options listed below (all steps in an Option must be completed in the one transaction):
(a) go to the BigPond Music website, located at www.bigpondmusic.com ("Website");
(b) click on the “Win a Jack White Prize Pack” competition link or tile;
(c) purchase from the Promoter any track or album by Jack White; and
(d) complete required entry details including full name, telephone number, email address, your State of residence and nominate the State (Sydney or Melbourne) where you would like to redeem the Prize; or
(a) access the BigPond WAP site (“WAP Site”) via their compatible Telstra NextG mobile phone service;
(b) click on the “Music” link; and
(c) purchase from the Promoter any track, video or tone by Jack White; and
(d) complete required entry details including full name, telephone number, email address, your State of residence and nominate the State (Sydney or Melbourne) where you would like to redeem the Prize,
(each Option constitutes an "Eligible Purchase").
6. Eligible Entrants who complete an Eligible Purchase will be automatically entered into the Promotion ("Eligible Entry"). Only one entry per Eligible Purchase will be accepted, and Eligible Entrants will be entered into the Promotion as many times as they make an Eligible Purchase. The Eligible Entrant will be deemed to be the account holder of the mobile phone used to make the Eligible Purchase in Option Two.
7. Browsing charges may apply, where applicable, in accessing the internet under Option One or WAP Site under Option Two. Standard charges may apply to download the track, album, tone or video. If an SMS is required to be sent, standard SMS charges may apply up to a maximum of 55 cents.
8. Manual draws for the prizes ("Draws") will take place at the times and dates set out in the table below, at 150 Lonsdale Street, Melbourne VIC 3000 ("Draw Location"), from all Eligible Entries received which nominated the corresponding State for the prize as the time of entry. All Draws will be conducted by a representative of the Promoter.
Draw Nominated State for Prize Draw Time and Date
1 Sydney 10:00 am on 21 May 2012
2 Melbourne 10:30 am on 21 May 2012
9. The Eligible Entrant with the first valid Eligible Entry drawn in each Draw will win from the Promoter a Jack White prize pack, valued at $215.00 (inc GST), consisting of
a) two tickets to see Jack White in the relevant State, valued at $165.00 (inc GST);
b) a 7 inch vinyl “Love Interrupted”, valued at $20.00 (inc GST); and
c) a CD of “Blunderbuss”, valued at $30.00 (inc GST),
(each a “Prize”).
10. The Prize winners will be notified by telephone and in writing by 23 May 2012.
11. In the event the Sydney prize has not been claimed by 9.00 am AEST on 4 July 2012, a random manual re-draw, of all of the Eligible Entrants that were included in the draw for the prize in Sydney, will take place at 10:00 am AEST on 4 July 2012 at the Draw Location, subject to any written directions given by State and Territory gaming departments. The re-draw prize winner will be notified by telephone and in writing by 6 July 2012.
12. In the event the Melbourne prize has not been claimed by 9.00 am AEST on 4 July 2012, a random manual re-draw, of all of the Eligible Entrants that were included in the draw for the prize in Melbourne, will take place at 10:30 am AEST on 4 July 2012 at the Draw Location, subject to any written directions given by State and Territory gaming departments. The re-draw prize winner will be notified by telephone and in writing by 6 July 2012.
13. The total Prize pool value is $430.00 (including GST).
14. Prizes are not transferable or exchangeable and are not redeemable for cash. All other costs associated with a Prize are the responsibility of the winner, including travel to and from the location of the Jack White concert. Jack White concert dates are as follows:
(a) Sydney – 26 July 2012 at Hordern Pavillion, The Entertainment Quarter, Fox Studios, 122 Lang Road, Moore Park NSW 2021; and;
(b) Melbourne – 25 July 2012 at Festival Hall, 300 Dudley Street, West Melbourne VIC 3003.
15. The Prize must be taken on one of the dates specified by the Promoter. If a winner chooses not to take a Prize or any component of it (or is unable to), they forfeit the Prize and the Promoter is not obliged to substitute the prize or any component.
16. Standard ticket terms and conditions apply to the Prize concert tickets and may be subject to change. The terms and conditions which apply to use of the tickets at the time they are issued to the Prize winner will prevail over these terms and conditions, to the extent of any inconsistency. Entry to the concert venue is subject to the directions of the venue and event organisers.
17. The Promoter excludes all warranties in relation to supply of the Prize, except those that cannot be excluded by law.
18. The Promoter shall not be liable for any Prize that may be lost, stolen, forged, damaged or tampered with in any way before, or after, it reaches the winner.
19. The Promoter accepts no responsibility for any variation in the value of a Prize.
20. If the Promoter is unable to provide a winner with the nominated Prize, the Promoter reserves the right to supply an alternative prize of equal or greater monetary value to the nominated Prize, subject to any written directions given by State or Territory gaming departments.
21. The Promoter accepts no responsibility for any entries not received for any reason during the Promotion Period. Entries will be deemed to be accepted at the time of receipt by the Promoter. No responsibility will be taken for lost, late or misdirected entries. The Promoter is not responsible for technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times.
22. If, for any reason, the Promotion is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failure or any other causes beyond the control of the Promoter, which corrupt or affect the administration security, fairness or integrity or proper conduct of this Promotion, the Promoter reserves the right in its sole discretion to take any action that may be available, subject to State and Territory legislation and regulations.
23. Any entrant who, in the opinion of the Promoter, tampers or interferes with the entry mechanism in any way, or who does not properly comply with the entry process, will be ineligible to win.
24. Eligible Entrants who are in breach of these terms and conditions or the BigPond Music terms and conditions are ineligible to win. These terms and conditions and the BigPond Music terms and conditions are available on the Website.
25. Incomplete, illegible or incorrect entries or entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win.
26. The Promoter reserves the right to disqualify entries in the event of non-compliance with these terms and conditions of entry. In the event there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and binding on each entrant and no correspondence will be entered into.
27. To the extent that these terms are unenforceable or do not comply with the law, that term is to be read down, or excluded to the extent required to comply with the law.
28. By accepting a Prize, the entrant understands and agrees that the Promoter may use and disclose the information provided by the entrant on the terms and for the purposes (including marketing) of conducting this promotion and for other purposes of collection as set out in the Promoter’s Privacy Statement available at www.telstra.com.au/privacy/privacy_statement.html or by calling 1800 039 059, as if they were a customer of the Promoter. The Promoter may disclose entrants’ personal information to its contractors and agents to assist in conducting this promotion or communicating with entrants and to State and Territory lottery departments and winners’ names may be published as required under the relevant legislation. The entrant agrees that the Promoter can continue to contact them even after this Promotion ends. If the entrant would like to access or correct the personal information that the Promoter holds about the entrant, or if the entrant does not wish the information to be disclosed, the entrant should advise the Promoter by phoning 1800 039 059.
29. By entering into the Promotion, the entrant agrees and acknowledges that:
(a) they may be contacted by the Promoter to provide comments about the competition and the Promoter (or an agent of the Promoter) may take photos of them;
(b) the Promoter may use such comments or photos (the "Materials") for the Promoter's future promotional and marketing purposes without further reference or compensation to them;
(c) the Promoter may duplicate, alter, adapt and utilise the Materials as the Promoter wishes at any time, anywhere, and by any means. The Promoter may license, authorise or otherwise transfer the rights in the Materials to others to do the same;
(d) they grant to the Promoter on creation of the Materials a royalty free, perpetual, exclusive and irrevocable licence to use the Materials for whatever purpose;
(e) they unconditionally and irrevocably consent to any act or omission that would otherwise infringe any of their moral rights in the Materials (as defined in Part IX of the Copyright Act 1968 (Cth)) and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given ("Moral Rights");
(f) they waive all Moral Rights in the Materials that arise outside Australia; and
(g) they agree not to institute, maintain or support any claim or proceeding for infringement of their Moral Rights in the Materials.
30. To the extent permitted by law, the Promoter shall not be liable for any loss or damage whatsoever (including but not limited to direct or indirect loss) or personal injury suffered or sustained in connection with this Promotion.
31. The Promoter accepts no responsibility for any tax liabilities that may arise from winning the Prize.
Authorised by permit numbers:
ACT: TP 12/01567