Gameloft Pocket Chef Competition
Terms and Conditions of Entry for:

The BigPond® "Gameloft Pocket Chef" Promotion

  1. Information on how to enter and prize details form part of these conditions. Purchase of any of the Eligible Games 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 11 July 2008 and will continue until 5:00 pm AEST on 18 August 2008 ("Promotion Period").

    Entry

  4. Entry is open to all Australian residents aged 18 years and over 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 30) 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 one of the Options 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 ("Website");
    2. click on the "Pocket Chef" link;
    3. choose "Pocket Chef" or one of the Eligible Games listed in clause 30 and select to buy the game from the Promoter; and
    4. when prompted, SMS the supplied game code to 176 to receive a link to download the game.

    Option Two:

    1. access the BigPond Games WAP site ("WAP Site");
    2. click on the "Pocket Chef" link; and
    3. choose "Pocket Chef" or one of the Eligible Games listed in clause 30 and select to buy the game from the Promoter,

    Option Three:

    1. access the Pocket Chef television advertisement; and
    2. purchase the Pocket Chef game from the Promoter using their Telstra mobile phone by sending a SMS of the game code supplied in the advertisement 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 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. In Option One the cost of sending a SMS message will not exceed 55 cents. Standard browsing charges apply, where applicable, in accessing the WAP Site under Option Two. There is no cost to send a SMS message in Option Three.

    Prize Draw

  9. A computerised draw for the prizes will take place at 10:00 am AEST on 19 August 2008 ("Draw Date") at the 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 receive from the Promoter a $6000 IKEA gift card, inclusive of GST.
  11. The Eligible Entrants with the second and third valid Eligible Entries drawn will each receive from the Promoter an LG TU550 mobile handset valued at $529, and a $200 IKEA gift card, inclusive of GST.
  12. Standard terms and conditions apply to the use of the IKEA gift cards.
  13. The winners will be notified by telephone and in writing on 19 August 2008. The winners' details will be published in The Australian on 22 August 2008.
  14. In the event that a prize has not been claimed by 20 November 2008, and the original winner was not from Western Australia, a computerised re-draw for the prize will take place at 10:00 am AEST am on 21 November 2008 ("Re-draw Date") at the Draw Location, subject to any written directions given by State and Territory gaming departments.
  15. The re-draw prize winner will be notified by telephone and in writing on 21 November 2008. The re-draw winner's details will be published in The Australian on 24 November 2008.
  16. If the original winner is a resident of Western Australia, the Promoter will hold the unclaimed prize until 20 August 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 total prize pool value is $7458, inclusive of GST.
  18. The prizes are not transferable or exchangeable and are not redeemable for cash. All other costs associated with the prizes are the responsibility of the winners, including any service plan connection and usage costs for the mobile handset.
  19. 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.
  20. The Promoter accepts no responsibility for any variation in the value of the prize 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.
  21. If the Promoter is unable to provide a winner with a 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.
  22. 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.
  23. 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.
  24. 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.
  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 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 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 [including their entry (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.
  28. 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.
  29. The Promoter accepts no responsibility for any tax liabilities that may arise from winning the prizes.
  30. Eligible Games for Pocket Chef Promotion

    1. Pocket Chef
    2. Block Breaker Deluxe 2
    3. Midnight Bowling 2
    4. Deal or No Deal
    5. New York Nights 2
    6. Wimbledon Championship
    7. Brain Challenge vol.2 Stress Management
    8. Midnight Pool 2
    9. Soul of Darkness - To be launched July 7
    10. CSI Vegas: The Mobile Game
    11. Petz
    12. Abracadaball
    13. Diamond Twister
    14. Grey's Anatomy: The Mobile Game
    15. Ferrari World Championship
    16. Megacity Empire New York
    17. Las Vegas Nights
    18. Miami Nights: Singles in the City
    19. Bubble Bash
    20. CSI: Miami
    21. Pro Bike Racing
    22. Guitar Rock Tour
    23. Midnight Darts
    24. Desperate Housewives
    25. Dogz
    26. Million Dollar Poker
    27. Catz
    28. Assassin's Creed
    29. Platinum Sudoku
    30. Off-Road Dirt Motocross

Authorised by permit numbers:

NSW PERMIT NO. LTPS/08/06860
SA PERMIT NO. T 08/2625
ACT PERMIT NO. TP 08/02622
VIC PERMIT NO. 08/2891

  
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