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Arcade In Your Pocket Competition
Terms and Conditions of Entry for:

"BigPond® Games "Arcade in your Pocket" Promotion

  1. Information on how to enter and prize details form part of these conditions. Purchase of any of the Eligible Mobile Games (listed in clause 24) during the Promotion Period constitutes acceptance of the terms and conditions of the Promotion.
  2. The promoter is Telstra Corporation Limited ABN 33 051 775 556 of 151 Clarence Street, Sydney, NSW 2000 ("Promoter").
  3. The Promotion will be open from 9.00 am Australian Eastern Daylight-savings Time ("AEDT") on 10 March 2008 and will continue until 11.00 pm Australian Eastern Standard Time ("AEST") on 30 April 2008 ("Promotion Period").
  4. Entry is open to all Australian residents over the age of 18 years who are Telstra pre-paid or post-paid mobile customers with a mobile phone handset capable of supporting any of the Eligible Mobile Games (listed in clause 24), 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 complete any one of the Options listed below during the Promotion Period. All steps in an Option must be completed in the one transaction.

    6. Option One

    1. Go to the BigPond Games website at www.bigpondgames.com ("Website");
    2. click on the "Mobile" tab;
    3. choose one of the Eligible Mobile Games (listed in clause 24) and select to buy the game from the Promoter; and
    4. when prompted, using their Telstra mobile phone, SMS the supplied game code to 176, to receive a link to download the game.

    Option Two

    1. Go to the Website;
    2. click on the "Competitions" tab;
    3. click on the "Arcade in your Pocket" tab;
    4. choose one of the Eligible Mobile Games (listed in clause 24) and select to buy the game from the Promoter; and
    5. when prompted, using their Telstra mobile phone, SMS the supplied game code to 176, to receive a link to download the game.

    Option Three

    1. Access the BigPond Games WAP site ("WAP site") via their Telstra mobile phone service;
    2. click on the "promotions and competitions" tab; and
    3. choose one of the Eligible Mobile Games (listed in clause 24) and purchase the game from the Promoter.

    (Each Option constitutes an "Eligible Purchase").

  6. Eligible Entrants who complete an Eligible Purchase will be automatically entered in the Promotion ("Eligible Entry"). Eligible Entrants will be entered into the Promotion as many times as they make an Eligible Purchase. The entrant will be deemed the account holder of the mobile phone used to make the Eligible Purchase.
  7. Eligible Entrants who are in breach of the BigPond Games terms and conditions before the Draw Date will be ineligible to win a prize. These terms and conditions are available at http://www.telstra.com.au/customerterms/docs/infoservices.pdf.
  8. The maximum cost for the SMS to 176 (referred to in Options One and Two), will be 55 cents. Standard browsing charges apply, where applicable, in accessing the WAP Site under Option Three.
  9. An electronic random draw for the prizes will take place at 11.00 am AEST on 2 May 2008 ("Draw Date") at Suite 1, Level 1, 34 Chandos Street, St Leonards, NSW 2065 ("Draw Location"). The draw will be conducted by a representative of Anisimoff Legal.
  10. The eleven (11) Eligible Entrants with the first eleven (11) Eligible Entries drawn will each win from the Promoter a Challenger 48 in 1custom built arcade video game machine preloaded with 48 games valued at $2,600.00 inclusive of GST ("Prize").
  11. The total Prize pool is valued at up to $28,600.00.
  12. Prizes are not transferable or exchangeable and are not redeemable for cash. All other costs associated with the Prize are the responsibility of the winners.
  13. 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 and not at the time of transmission. 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.
  14. The Prize winners will be notified by telephone and in writing on 5 May 2008. The winners' names will be published on the WAP site and Website on 6 May 2008 and in The Australian on 7 May 2008.
  15. In the event that any Prize has not been claimed by 5 August 2008, an electronic random re-draw for the Prize will take place at 11.00 am AEST on 6 August 2008 ("Re-draw Date") at the Draw Location, subject to any written directions given by State and Territory gaming departments.
  16. The re-draw Prize winners will be notified by telephone and in writing on 7 August 2008. The re-draw Prize winners' names will be published on the WAP Site and Website on 8 August 2008 and in The Australian on 11 August 2008.
  17. If the Promoter is unable to provide a winner with the nominated Prize, the Promoter reserves the right to supply an alternative prize of similar monetary value to the original Prize, subject to any written directions given by State and Territory gaming departments.
  18. Any Eligible 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.
  19. The Promoter reserves the right to disqualify entries in the event of non-compliance with these terms and conditions of entry and the Promoter's decision in relation to any aspect of the Promotion is final and binding on each person who enters. No correspondence will be entered into.
  20. By entering the Promotion, the Eligible Entrant understands and agrees that the Promoter may use and disclose the information provided by the Eligible Entrant to Anisimoff Legal for the purposes of conducting the prize draws and otherwise 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 Eligible Entrant agrees that the Promoter can continue to contact them even after this Promotion ends. If the Eligible Entrant would like to access or correct the personal information that the Promoter holds about the Eligible Entrant, or if the Eligible Entrant does not wish the information to be disclosed, the Eligible Entrant should advise the Promoter by phoning 1800 039 059.
  21. By entering into the Promotion, the Eligible Entrant agrees and acknowledges that:
    1. 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 the winner;
    2. 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;
    3. 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;
    4. they acknowledge that, by entering the Promotion, 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;
    5. 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");
    6. they waive all Moral Rights in the Materials that arise outside Australia; and
    7. they agree not to institute, maintain or support any claim or proceeding for infringement of their Moral Rights in the Materials.
  22. 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 consequential loss) or personal injury suffered or sustained in connection with this Promotion.
  23. The Promoter accepts no responsibility for any tax liabilities that may arise from winning the Prize.
  24. The Eligible Mobile Games for this Promotion are:
    1. Space Invaders Classic
    2. Arkanoid Deluxe
    3. Puzzle Bobble
    4. Comic Blast
    5. Pac-Man
    6. Galaxian
    7. DIGDUG Deluxe
    8. Pac-Mania
    9. Galaga
    10. Pac-Man Pinball
    11. Centipede
    12. Asteroids
    13. Frogger Evolution
    14. Sonic The Hedgehog Part 1
    15. Sonic The Hedgehog Part 2
    16. Sonic The Hedgehog Golf
    17. Virtua Tennis Mobile
    18. AstroPop
    19. Silent Hill
    20. ZUMA
    21. Sega Puzzle Pack Blue
    22. Sonic Jump
NSW PERMIT NO. LTPS/08/01953
SA PERMIT NO. T 08/864
ACT PERMIT NO. TP 08/00813
VIC PERMIT NO. 08/861
  
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