The BigPond® "Diamond Twister" 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 26) 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 24 April 2008 and will continue until 8:59 am AEST on 31 May 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 26), 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.

Option 1:

1. go to the BigPond Games website at http://www.bigpondgames.com.au ("Website")
2. click on the “Diamond Twister” link;
3. purchase Diamond Twister or one of the Eligible Mobile Games listed in clause 26, and select to buy the game from the Promoter;
4. when prompted, using their Telstra mobile phone, SMS the supplied game code to 176, to receive a link to download the game;

Option 2:

1. access the BigPond Games WAP ("WAP Site") via their Telstra mobile phone service that is connected to Telstra's Next G™ network or Telstra's 3G network;
2. click on the “Diamond Twister” promotion banner;
3. purchase Diamond Twister or one of the Eligible Mobile Games listed in clause 26 and select to buy the game from the Promoter;

Option 3:

1. access the Diamond Twister advertisement in OK magazine;
2. choose Diamond Twister or any one of the Eligible Mobile Games (listed in clause 26);
3. purchase the Eligible Mobile Game from the Promoter using their Telstra mobile phone by sending a SMS of the supplied game code 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 by following the procedure listed in clause 5 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 Option One), will be 55c including GST. The SMS to 176 3733 (referred to in Option Three), will be free of charge. Standard browsing charges apply in accessing the WAP Site under Option Two.
9. A computerised draw for the prizes will take place at 10:00 am AEST on 3 June 2008 ("Draw Date") at Anisimoff Legal, Suite 1 Level 1, 34 Chandos Street, St Leonards, NSW ("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 receive from the Promoter their choice of either:
1. a 1 carat diamond solitaire ring valued at up to $5,995.00; or
2. $5,995.00 in the form of a cheque,

(either of which constitutes the "First Prize").

11. The two Eligible Entrants with the second and third valid Eligible Entries drawn will each receive from the Promoter one LG TU 550 mobile phone handset valued at $1058.00 ($529 each handset) ("Second and Third Prizes"). This handset is locked to Telstra's Next G™ network and does not include service connection and usage costs.
12. The prizes are transferable but are not exchangeable. The Second and Third Prizes are not redeemable for cash. All other costs in connection with the prizes are the responsibility of the winner.
13. The total prize pool value is up to $7053.00 inclusive of GST.
14. The prize winners will be notified by mail and telephone on 3 June 2008. The winner's details will be published in The Australian on 5 June 2008 and on the WAP Site and Website on 3 June 2008.
15. In the event that the prizes have not been claimed by 9 September 2008, and the original winner was not from Western Australia, a computerised re-draw for the prizes will take place at 10:00 am AEST on 10 September ("Re-draw Date") 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 mail on 10 September 2008. The re-draw prize winner's details will be published in The Australian on 12 September 2008, and on the WAP Site and Website on 10 September 2008.
16. If the original winner of any of the prizes is a resident of Western Australia, the Promoter will hold the unclaimed prize until 4 June 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

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. 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 nominated prize, subject to any written directions given by State or Territory gaming departments.
19. 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.
20. 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.
21. 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.
22. By entering the Promotion, the Eligible Entrant understands and agrees that the Promoter may use and disclose the information provided by the Eligible 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 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.
23. 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 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.
24. 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.
25. The Promoter accepts no responsibility for any tax liabilities that may arise from winning the prizes.
26. List of games ("Eligible Mobile Games") for Diamond Twister Promotion:
1. Diamond Twister
2. Block Breaker Deluxe 2
3. Midnight Bowling 2
4. New York Nights 2
5. Deal or No Deal
6. Brain Challenge vol. 2
7. Ferrari World Championship
8. CSI Vegas
9. Petz
10. Off-Road Dirt Motocross
11. Dogz
12. Grey’s Anatomy: The Mobile Game
13. Catz
14. KO Fighters
15. Las Vegas Nights
16. Miami Nights
17. Bubble Bash
18. CSI: Miami
19. Pro Bike Racing
20. Guitar Rock Tour
21. Heroes
22. Desperate Housewives
23. LOST
24. Million Dollar Poker
25. Asphalt 3 Street Rules
26. Midnight Holdem Poker
27. Platinum Solitaire
28. Kevin Pietersen Pro Cricket 2007
29. Pop Superstars: Road to Celebrity
30. Assassins Creed
31. Platinum Sudoku
32. 2008 Real Football
33. Tennis Open 2007
34. Shrek The Third
35. Pro Golf 2007
36. Horse Riding Academy
37. Beowulf
38. Brothers In Arms: Art of War
39. Rise of Lost Empires

Authorised by permit numbers:

NSW PERMIT NO. LTPS/08/03501
ACT PERMIT NO. TP 08/01464
SA PERMIT NO. T 08/1480
VIC PERMIT NO. 08/1609

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