Terms and Conditions of Entry for the BigPond Games
Namco Arcade 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 151 Clarence Street, Sydney, NSW 2000.
3. The Promotion will be open from 9:00 am Australian Eastern Daylight Savings Time ("AEDST") on 19 October 2009 and will continue until 5:00 pm AEDST on 1 February 2010 ("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 Namco Bandai and 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
(a) Go to the BigPond Games website at www.bigpondgames.com.au ("Website");
(b) click on the "Competitions" tab; and
(c) follow the prompts to purchase from the Promoter one of the Eligible Mobile Games listed in clause 28; or
Option Two
(a) access the BigPond Games WAP site ("WAP Site") via their compatible Telstra mobile phone service;
(b) click on the "Namco Arcade Competition" link; and
(c) follow the prompts to purchase from the Promoter any 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 account holder of the mobile phone used to make the Eligible Purchase will be deemed to be the Eligible Entrant.
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 an SMS sent after following the prompts referred to in Option One is 55 cents, and there is no cost to receive the link to download the game. Standard browsing charges may apply in accessing the internet under Option One or WAP Site under Option Two, and to download the game in all Options.
9. An electronic computerised draw for the prizes will take place at 2:00 pm AEDST on 2 February 2010 ("Draw Date") at Anisimoff Legal, Suite 1, Level 1, 34 Chandos Street, St Leonards NSW 2065 ("Draw Location").
10. The Eligible Entrant with the first valid Eligible Entry drawn will win from the Promoter a Challenger arcade machine valued at $2,190.00 (GST inclusive). The Challenger features a 25" flat screen arcade monitor (15Khz CRT), stereo speakers, a fluoro marquee banner, an adjustable coin mechanism, a free credit button, an a easy to access control panel, an easy to access monitor chassis, a fully lockable cabinet with 2 keys and a 6 month back to base warranty.
11. The prize winner will be notified by telephone and in writing on 5 February 2010. The winners' details will be published on the Website by 5 February 2010 and in The Australian by 5 February 2010.
12. In the event that any prize has not been claimed by 9:00 am Australian Eastern Standard Time ("AEST") on 3 May 2010, and the original winner was not from Western Australia, an electronic computerised re-draw for the prize will take place at 2.00pm AEST on 3 May 2010 ("Re-draw Date") 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 on 6 May 2010. The re-draw winner's details will be published on the Website on 6 May 2010 and in The Australian on 6 May 2010.
13. If the original winner of a prize is a resident of Western Australia, the Promoter will hold the unclaimed prize until 2 February 2011 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
14. The total prize pool value is $2,190 plus delivery (GST inclusive).
15. Prizes are not transferable, exchangeable or redeemable for cash. All other costs associated with the prizes, except delivery, are the responsibility of the winners.
16. 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.
17. 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.
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, subject to any written directions given by State 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 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.
20. 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.
21. 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.
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) 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.
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 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;
(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 consequential 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 prizes.
28. The Eligible Mobile Games for this Promotion are:
PAC-MAN Championship Edition
More Brain Exercise with Dr Kawashima
Ms. PAC-MAN
Bubble Boom Challenge
PAC-MAN
Super Yum Yum 3
Commandos
Brain Coach
Inspector Gadget
Wallace and Gromit Adventures
PAC-MAN Pinball 2
Mind Games 2
Galaxian
Pipemania 2
Hollywood Hotel
Australian Idol
Hangman Deluxe
Galaga
5 Star Games
Life is a Love Story
Buzz! Brain of Oz
Lego Batman
Buzz! The Mobile Quiz
Saturday Night Fever
Skill Ball Bingo
Hollywood Hospital
Monster Jam
Galaga 3
Authorised by permit numbers:
NSW: LTPS/09/09241
ACT: TP 09/03948 |
|
|
