Terms and Conditions of Entry for the BigPondŽ Games "Homefront" 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 Daylight Saving Time ("AEDST") on 9 March 2011 and will continue until 5.00 pm AEDST on 22 March 2011 ("Promotion Period").
4. Entry is open to all Australian residents, aged 18 years or over, 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:
(a) go to the BigPond Games website, located at www.bigpondgames.com ("Website");
(b) click on the "Homefront" competition link;
(c) answer the following question in 25 words or less: "Where would you make your stand against the invaders and coordinate resistance?" ("Entry Question"); and
(d) complete all of the required entry details including full name, street address, phone number and email address,
6. Only one entry per Eligible Entrant will be accepted. All Eligible Entries received during the Promotion Period will be assessed in the judging process.
7. Judging of all Eligible Entries received during the Promotion Period will take place on 23 March 2011. The judging will take place at Level 3, 400 George Street, Sydney NSW 2000. Judging will be conducted by a representative of the Promoter. This is a game of skill only and chance plays no part in determining the winner.
8. The Eligible Entrant with the most creative answer to the Entry Question, as determined by the judge in their sole discretion, will receive from the Promoter a prize pack valued at $399.95 (including GST) consisting of: 1 x AR Parrot Drone, 1 x Tt eSPORTS Challenger Pro Gaming Keyboard, 1 x Tt eSPORTS Black 4000 DPI Gaming Mouse, 1 x Tt eSPORTS Diamond Black Shock Gaming Headset, 1 x Homefront EB Games Exclusive "Don't Tread on Me" Edition, (PC) ("Major Prize")
9. The next four (4) Eligible Entrants with the most creative answers to the Entry Question, as determined by the judge in their sole discretion, will each receive from the Promoter a prize pack valued at $336.95 (including GST) consisting of 1 x Tt eSPORTS Challenger Pro Gaming Keyboard, 1 x Tt eSPORTS Black 4000 DPI Gaming Mouse, 1 x Tt eSPORTS Diamond Black Shock Gaming Headset and 1 x Homefront game (PC) ("Runner-Up Prize").
10. The Prize winners will be notified by telephone and email by 24 March 2011. The Prize winners' names will be published on the Website by 25 March 2011.
11. Any Prizes which have not been claimed by 24 June 2011 will be distributed at the Promoter's absolute discretion.
12. The total Prize pool value is up to $1,747.75 (GST inclusive).
13. Prizes are not exchangeable and are not redeemable for cash.
14. The Prizes will be sent to the winners. All other costs associated with the Prizes 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 similar monetary value.
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 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.
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. The judge's decision is final and binding and no correspondence will be entered into. The Promoter reserves the right to disqualify entries in the event of non-compliance with these terms and conditions of entry. 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. Any entrant who, in the opinion of the Promoter, tampers or interferes with the entry mechanism in any way will be ineligible to win.
21. 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.
22. 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.
23. 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.
24. The Promoter accepts no responsibility for any tax liabilities that may arise from winning the Prize.