Cannon Rats Competition
Terms and Conditions of Entry for the BigPondŽ Games "Cannon Rats" Promotion ("Promotion")
1. Information on how to enter and prize details form part of these conditions. Entry into this Promotion is deemed acceptance of these terms and conditions of entry.
2. The Promoter is Telstra Corporation Limited ABN 33 051 775 556 of Level 3, 400 George Street, Sydney NSW 2000 ("Promoter").
3. The Promotion will be open from 9:00 am Australian Eastern Standard Time ("AEST") on 20 May 2011 and will continue until 5:00 pm AEST on 26 June 2011 ("Promotion Period").
4. Entry is open to all Australian residents, aged 18 years and over, who are Telstra mobile customers with a handset compatible with mobile games, 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, during the Promotion Period, complete either one of the Options listed below (all steps in an Option must be completed in the one transaction):
(a) go to the BigPond Games website located at www.bigpondgames.com.au ("Website");
(b) click on the "Competitions" link;
(c) click on the "Cannon Rats" competition link; and
(d) follow the prompts to purchase from the Promoter one of the Eligible Mobile Games listed in clause 28; or
(a) Telstra mobile customers with a phone compatible with BigPond games may access the BigPond WAP site ("WAP Site");
(b) click on the "Games" link;
(c) click on the "You Can Win" link;
(d) click on the "Cannon Rats" link; and
(e) follow the prompts to purchase from the Promoter one of the Eligible Mobile Games listed in clause 28,
(each Option constitutes an "Eligible Purchase").
6. Eligible Entrants who complete an Eligible Purchase will be automatically entered into the Promotion ("Eligible Entry"). Only one entry per Eligible Purchase will be accepted, and Eligible Entrants will be entered into the Promotion as many times as they make an Eligible Purchase. The Eligible Entrant will be deemed to be the account holder of the mobile phone used to make the Eligible Purchase in Option Two.
7. Standard browsing charges apply, where applicable, in accessing the internet under Option One or WAP Site under Option Two. Standard charges may apply to download the game in both Options. Standard game costs apply. If an SMS is required to be sent, standard SMS charges may apply up to a maximum of 55 cents.
8. An electronic draw for the prizes will take place at 2:00 pm AEST on 27 June 2011 ("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 the Promoter.
9. The Eligible Entrants with the first four (4) valid Eligible Entries drawn will each win from the Promoter a bank cheque in the sum of AU$500.00 (inc GST) ("Prize").
10. The prize winners will be notified by telephone and in writing by 29 June 2011. The winners' details will be published by Gameloft in The Australian newspaper on 4 July 2011.
11. In the event that a prize has not been claimed by 9:00 am AEST on 27 September 2011, and the original winner was not from Western Australia, an electronic re-draw for the prize will take place at 2:00 pm AEST on 27 September 2011 at the Draw Location, subject to any written directions given by State and Territory gaming departments. The re-draw prize winner will be notified by telephone and in writing by 29 September 2011. The re-draw winner's details will be published by Gameloft in The Australian newspaper on 4 October 2011.
12. If the original winner of the prize is a resident of Western Australia, the Promoter will hold the unclaimed prize until 27 June 2012 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.
13. The total Prize pool value is AU$2,000.00 (including GST).
14. Prizes are not transferable or exchangeable and the cheque will be not negotiable. All other costs associated with a prize are the responsibility of the winner.
15. 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.
16. The Promoter accepts no responsibility for any variation in the value of a prize.
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 equal or greater monetary value to the nominated prize, subject to any written directions given by State or Territory gaming departments.
18. 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.
19. 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.
20. 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.
21. Eligible Entrants who are in breach of these terms and conditions or the BigPond Games terms and conditions are ineligible to win. These terms and conditions and the BigPond Games terms and conditions are available on the Website.
22. Incomplete, illegible or incorrect entries or entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win.
23. 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.
24. 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) of conducting this promotion and for other purposes of collection as 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 Promoter may disclose entrants' personal information to its contractors and agents to assist in conducting this promotion or communicating with entrants and to State and Territory lottery departments and winners' names may be published as required under the relevant legislation. 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.
25. By entering into the Promotion, the entrant agrees and acknowledges that:
(a) 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;
(b) 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;
(c) 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;
(d) 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;
(e) 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");
(f) they waive all Moral Rights in the Materials that arise outside Australia; and
(g) they agree not to institute, maintain or support any claim or proceeding for infringement of their Moral Rights in the Materials.
26. 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 indirect loss) or personal injury suffered or sustained in connection with this Promotion.
27. The Promoter accepts no responsibility for any tax liabilities that may arise from winning the Prize.
28. The Eligible Mobile Games for this Promotion are:
Block Breaker Deluxe 2
Fast and Furious 5
Platinum Solitaire 3
Zombie Infection 2
Gangstar Miami Vindication
Block Breaker Unlimited 3
Sonic & Sega All Star
Where's Wally 2
Midnight Pool 2
Bubble Bash 2
Date Or Ditch 2
Deal or No Deal
Diamond Twister 2
Authorised by permit numbers:
ACT: TP 11/01845.1