The BigPond® Speed Racer Promotion

1. Information on how to enter and prize details form part of these conditions. Purchase of any of the Eligible Mobile 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 ("Promoter").
3. The Promotion will be open from 9:00 am Australian Eastern Standard Time ("AEST") on 1 May 2008 and will continue until 8:59 am AEST on 31 May 2008 ("Promotion Period").
4. Entry is open to all Australian residents 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 term 35), 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 ("Website");
   2. click on the "Speed Racer" tab;
   3. choose "Speed Racer" or one of the Eligible Mobile Games listed in term 35 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. access the BigPond Games WAP site ("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 "Speed Racer" promotion banner;
   3. choose "Speed Racer" or one of the Eligible Mobile Games listed in term 35 and select to buy the game from the promoter.

      (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. 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.
9. An electronic random draw for the prizes will take place from 3:00 pm AEST on 4 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. There are three categories of prizes in this competition, First Prize as defined in clause 11, Second Prize as defined in clause 12, and Third Prize as defined in clause 13.
11. The Eligible Entrant with the first Eligible Entry drawn will receive from the Promoter:
    1. two adult return Economy class flights from the winner's nearest capital city to Frankfurt, Germany departing on 16 July, 2008 and returning on 22 July 2008 valued at up to $3000 ("Prize Flights");
    2. airport transfers between the airport and hotel at the destination valued at up to $200; and
    3. five nights accommodation in Frankfurt between 16 July 2008 to 22 July 2008 in a double room in a four star rating hotel of the Promoter's choice, valued at up to $2000, and
    4. two tickets to the Deutschland F1 Grand Prix taking place at Hockenheim between 18 July 2008 and 20 July 2008 valued at up to $2000.

       together the "First Prize").

12. The Eligible Entrants with the next 50 Eligible Entries drawn will receive from the Promoter two adult movie tickets to Greater Union Cinemas valued at $32 (each ticket $16). Tickets are valid for six months from date of issue and are subject to Greater Union Cinemas terms of use. ("Second Prize").
13. The Eligible Entrants with the next three Eligible Entries drawn will receive from the Promoter a BigPond Game Shop voucher to the value of $50. Vouchers are subject to BigPond Game Shop Voucher terms of use ("Third Prize").
14. The total prize pool is valued at up to $8950.
15. The First Prize winner (and their guest) must hold a valid passport in order to take the prize and must obtain any necessary visas to travel. First Prize flights must leave and return to the same capital city. First Prize flights and flight times are subject to availability and are at the discretion of the Promoter. The airline and hotel utilised in the travel component of the First Prize are at the discretion of the Promoter.
16. The prize winners will be notified by telephone and in writing on 5 June 2008. The winner's names will be published on the WAP Site and Website on 6 June 2008 and in The Australian on 7 June 2008.
17. Minors may use the travel and event components of the First Prize as the winner's guest, but must have consent from their parent or legal guardian to do so (which the Promoter may request in writing).
18. The First Prize winner and their guest may be required to sign a release and indemnity form in favour of the Promoter and return the document to the Promoter prior to taking their prize.
19. A parental or guardian consent referred to in these terms must:
    1. consent to the matters referred to in these terms and conditions; and
    2. include the words "in consideration of Telstra agreeing to allow a minor to travel as a guest of the First Prize winner [name of Parent or Guardian], agrees to be bound by the terms and conditions of the Promotion".
20. The First Prize is valid on the dates specified only. If the First Prize winner cannot take the Prize on the required dates, they will forfeit the Prize and the Promoter will not be obliged to redistribute it.
21. All other costs associated with the prizes are the responsibility of the winners and their guest (including but not limited to in the case of the First Prize travel costs, transfers, spending money, meals, taxes and insurance, other than as mentioned). It is a condition of taking the First Prize that the winner and their guest obtain travel insurance.
22. Prizes are transferable or exchangeable but are not redeemable for cash.
23. 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.
24. In the event that any prize has not been claimed by 8 September 2008, an electronic random re-draw for an alternative prize of similar value will take place at 11.00 am AEST on 9 September 2008 at the Draw Location, subject to any written directions given by State and Territory gaming departments.
25. The re-draw prize winners will be notified by telephone and in writing on 10 September 2008. The re-draw prize winners' names will be published on the WAP Site and Website on 11 September 2008 and in The Australian on 12 September 2008.
26. 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.
27. 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.
28. 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.
29. 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.
30. 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.
31. 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 BigPond 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.
32. 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.
33. 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.
34. The Promoter accepts no responsibility for any tax liabilities that may arise from winning the prizes.
35. The Eligible Mobile Games for this promotion are:
    1. Speed Racer
    2. Sega Rally
    3. Colin McRae Dirt
    4. Alpha Wing 2
    5. Pro Evolution Soccer 2008
    6. Project Gotham Racing
    7. Sonic the Hedgehog 2 Dash
    8. Super Breakout
    9. Virtua Fighter
    10. Metal Gear Acid
    11. ATV Offroad Fury
    12. Sonic Jump

Authorised under permit numbers:

• NSW: LTPS/08/03547
• Victoria: 08/1584
• SA: T 08/1503
• ACT: TP 08/01409