Asphalt 4 Competition
Terms and Conditions of Entry for:

Telstra's "Gameloft Asphalt 4 Pioneer Car Entertainment" Promotion

  1. Information on how to enter and prize details form part of these conditions. Making an Eligible Purchase 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.
  3. The Promotion will be open from 9:00 am Australian Eastern Standard Time ("AEST") on 29 August 2008 and will continue until 5:00 pm AEST on 10 October 2008 ("Promotion Period").
  4. Entry is open to all Australian residents aged 18 years and over with a mobile phone handset capable of supporting the Eligible Mobile Games listed in clause 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 either one of the Options listed below during the Promotion Period. All steps in an Option must be completed in the one transaction:

    Option One

    1. go to the BigPond Games website at www.bigpondgames.com.au ("Website");
    2. click on the "Mobile Games" tab;
    3. choose one of the Eligible Mobile Games listed in clause 27 and select to buy the game from the Promoter; and
    4. when prompted, using their mobile phone, SMS the supplied game code to 176 to receive a link to download the game,

    Option Two

    1. access the BigPond WAP site ("WAP Site") via their compatible Telstra mobile phone service;
    2. click on the "Games" tab; and
    3. purchase from the Promoter one of the Eligible Mobile Games listed in clause 27,

    Option Three

    1. access the Asphalt 4 advertisement in Autosalon magazine;
    2. choose one of the Eligible Mobile Games (listed in clause 27);
    3. purchase the Eligible Mobile Game from the Promoter using their Telstra mobile phone by sending a SMS of the supplied game to 176 3733 to receive a link to download the game,

    (each Option constitutes an "Eligible Purchase").

  6. Eligible Entrants who complete an Eligible Purchase will be automatically entered into the Promotion ("Eligible Entry"). Eligible Entrants will be entered into the Promotion as many times as they make an Eligible Purchase. The Eligible 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 (referred to in Option One) will be 55 cents. Standard browsing charges apply, where applicable, in accessing the WAP Site under Option Two. There is no cost for the SMS in Option Three.
  9. An electronic draw for the prizes will take place at 10:00 am AEST on 13 October 2008 ("Draw Date") at Anisimoff Legal, 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 Eligible Entrant with the first valid Eligible Entry drawn will win from the Promoter:
    1. a In-Dash High-Power DVD Player (model: AVHP5950DVD) with touch-screen control (RRP $1999.00)
    2. a New D Series component speakers (model: TSD1702C) (RRP $399.00)
    3. a New D Series 6 x 9" speakers (model: TSD6902R) (RRP $329.00)
    4. a 4 channel amplifier (model: GM6300F) (RRP $329.00)
    5. a Class D Mono Amplifier with 1,200W Max Output (model: GMD8400M) (RRP $449.00)
    6. a 12" DVC Subwoofer (model: TSW307D4) (RRP $159.00)
    7. a Bluetooth adapter (model: CD-BTB200) (RRP $399.00)
    8. a Sony Ericsson W760 handset (RRP $879)
      9. (together the "First Prize"), valued at up to $4,942 GST inclusive.
  11. The Eligible Entrants with the second and third valid Eligible Entries drawn will each win from the Promoter a Sony Ericsson W760 handset valued at $879 GST inclusive ("Second and Third Prize").
  12. The prize winners will be notified by telephone and in writing on 13 October 2008. The winners' details will be published on the website and in The Australian on 16 October 2008.
  13. In the event that any prize has not been claimed by 16 February 2009, and the original winner was not from Western Australia, an electronic re-draw for the prize will take place on 17 February 2009 ("Re-draw Date") at 10.00am Australian Eastern Daylight-savings Time at the Draw Location, subject to any written directions given by State and Territory gaming departments. The re-draw prize winners will be notified by telephone and in writing on 17 February 2009. The re-draw winner's details will be published on the website and in The Australian on 20 February 2009.
  14. If the original winner of a prize is a resident of Western Australia, the Promoter will hold the unclaimed prize until 13 October 2009 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 $6,700 inclusive of GST.
  16. Prizes are not transferable, exchangeable or redeemable for cash. All other costs associated with the prizes are the responsibility of the winners, including any service plan connection and usage costs.
  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 the prizes and will not be held liable for any loss, damage or injury which results directly or indirectly from this Promotion or the taking of prizes won.
  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 similar monetary value, subject to any written directions given by State 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 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.
  21. 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.
  22. 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.
  23. By entering the Promotion, 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) 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.
  24. By entering into the Promotion, the 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 them;
    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.
  25. 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.
  26. The Promoter accepts no responsibility for any tax liabilities that may arise from winning the prizes.
  27. The Eligible Mobile Games for this Promotion are:
    1. Asphalt 4:Elite Racing
    2. Ferrari World Championship
    3. Nitro Street Racing
    4. Pro Bike Racing
    5. Off-Road Dirt Motocross
    6. KO Fighters
    7. Pro-Rally Racing
    8. Driver LA Undercover
    9. NBA Smash!
    10. Real Football 2008
    11. Real Rugby
    12. Midnight Pool 2
    13. Asphalt Urban GT 2
    14. Rayman Kart
    15. Gangstar Crime City
    16. NitroStreet Racing 3D
    17. Midnight Bowling 2
    18. Asphalt 3 Street Rules
    19. Wimbledon Championship
    20. Turbo Jet Ski 3D
    21. AND1 Street Basketball
    22. Pro Golf 2007
    23. Pro Cricket 2007
    24. Tennis Open 2007

Authorised by permit numbers:

NSW: TP 08/02062
SA: T 08/2158
ACT: LTPS/08/05336
VIC: 08/3499
  
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