Terms and Conditions of Entry for the BigPond® Music Mother’s Day 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 7, 151 Clarence Street, Sydney NSW 2000 ("Promoter").
3. The Promotion will be open from 9.00 am Australian Eastern Standard Time ("AEST") on 1 May 2010 and will continue until 11.59 pm AEST on 14 June 2010 ("Promotion Period").
4. Entry is open to all Australian residents, 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):
Option One
(a) go to the BigPond Music website located at www.bigpondmusic.com.au ("Website");
(b) click on the “Give your Mum the ultimate Mother's Day present thanks to Mark Vincent” competition link;
(c) purchase from the Promoter any track or album by Mark Vincent; and
(d) complete required entry details including full name, address, telephone number and email address when prompted; or
Option Two
(a) access the BigPond WAP site (“WAP Site”) via their compatible Telstra mobile phone service;
(b) click on the “Music” link; and
(c) purchase from the Promoter any track, video or tone by Mark Vincent,
(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. Standard browsing charges 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, video or tone. Standard track, album, video and tone charges apply. If an SMS is required to be sent, standard SMS charges may apply up to a maximum of 55 cents.
Minors
8. If an entrant is under 18 years, they must have their parent or guardian's consent to enter this promotion. The Promoter reserves the right to request this consent in writing.
9. A parental or guardian consent referred to in these terms must:
(a) consent to the matters referred to in these terms and conditions; and
(b) include the words "in consideration of Telstra agreeing to admit the entrant into this Promotion, [name of Parent or Guardian] agrees to be bound by the terms of entry into the Promotion".
Prizes
10. An electronic draw for the prize will take place at 10.00 am AEST on 15 June 2010 ("Draw Date") at 400 George Street, Sydney NSW 2000 ("Draw Location"). The draw will be conducted by a representative of the Promoter.
11. The Eligible Entrant with the first valid Eligible Entry drawn will win from the Promoter a prize pack, valued at $5,128.85 (inc GST), consisting of:
(a) 1 x PlayStation 3 console (120GB model), valued at $499.95 (inc GST);
(b) 1 x SingStar Wireless Mics set, valued at $79.95 (inc GST);
(c) 1 x SingStar Pop Edition standalone game, valued at $49.95 (inc GST);
(d) 1 x Bravia LCD TV 40” NX700 valued at $2,999.00 (inc GST); and
(e) a Mark Vincent plaque with a personal message for Mum from son / daughter, valued at $1,500.00 (inc GST);
(“Prize”).
12. The prize winner will be notified by telephone and in writing by 16 June 2010. The winner’s details will be published in The Australian newspaper on 18 June 2010.
13. In the event that the prize has not been claimed by 9.00 am AEST on 15 September 2010, and the original winner was not from Western Australia, a re-draw for the prize will take place at 10.00 am AEST on 15 September 2010 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 17 September 2010. The re-draw winner’s details will be published in The Australian newspaper on 18 September 2010.
14. If the original winner of a prize is a resident of Western Australia, the Promoter will hold the unclaimed Prize until 15 June 2011 and, in the event it has not been claimed by that date, the Promoter will seek directions from the Western Australia Department of Racing, Gaming and Liquor.
General
15. The total Prize pool value is $5,128.85 (including GST).
16. 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.
17. The Promoter shall not be liable for any Prize that may be lost, stolen, forged, damaged or tampered with in any way before it reaches the winner.
18. The Promoter accepts no responsibility for any variation in the value of a Prize.
19. 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.
20. 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.
21. 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 regulations.
22. 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.
23. 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.
24. 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.
25. 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.
26. By entering the Promotion, the entrant and their parent/guardian if they are under 18 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) 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 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.
27. By entering into the Promotion, the entrant and their parent/guardian if they are under 18 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.
28. To the extent permitted by law, the Promoter shall not be liable for any loss, damage or damage whatsoever (including but not limited to direct or indirect loss) or personal injury suffered or sustained in connection with this Promotion.
29. The Promoter accepts no responsibility for any tax liabilities that may arise from winning the Prize.
Authorised by permit numbers:
NSW: LTPS/10/03747
ACT: TP 10/01774.1
VIC: 10/1325
SA: T10/952
