Terms and Conditions
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 2, 400 George Street, Sydney, NSW, 2000 ("Promoter").
3. The Promotion will be open from 9:00am Australian Eastern Standard Time ("AEST") on Monday 21 September 2009 and will continue until 11:59am AEST on Friday 25 September 2009 ("Promotion Period").
4. Entry is open to all residents of Victoria 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, attend the Telstra Showcasing site located at Federation Square, Melbourne (“Site”) and either:
(a) send a HeroMessage from the HeroMessage station within the Site in accordance with any terms and conditions for that HeroMessage; or
(b) view the Book of Legends display within the Site and:
(i) choose a Top 5 moment from the moments listed in the Book of Legends display (including the corresponding codeword); and
(ii) send the corresponding codeword to the Eligible Entrant's choice is (i) above via SMS to 0448 300 700 using an Australian mobile phone number,
(either of 5(a) or 5(b) being an "Eligible Entry").
6. Standard SMS charges apply (cost of SMS will not exceed 55 cents (GST included per message).
7. Eligible Entrants will be automatically entered into the Prize Draw.
8. Eligible Entrants may enter the Promotion once only during the Promotion Period.
9. There is 1 Prize in total to be won during the Promotion Period.
Prize
10. A computerised random draw for the Prize will take place at the Site ("Draw Location") at 12pm (“Prize Draw Time”) on 25 September 2009 outlined in paragraph 12.
11. The Prize (“Prize”) will consist of 2 tickets to the 2009 Toyota AFL Grand Final (RRP: $1,750 each) (the "Event");
12. The winner of the Prize Draw will be the Eligible Entrant with the first valid Eligible Entry drawn from all Eligible Entries received during the Promotion Period.
13. The winner of the Prize will be notified by telephone (SMS and phone call) within 10 minutes of the Draw Time and the prize winner’s name will be published online at telstra.com/beinvolved and in The Australian on 19th October 2009. The prize must be claimed by the winner within 5 hours of the Prize Draw Time described in paragraph10.
14. In the event that the Prize has not been claimed by 5pm on 25 September 2009, a computerised random re-draw will take place at the Draw Location at 5.01pm on 25 September 2009.
15. The re-draw prize winner will be notified by telephone on the day of the re-draw and then subsequently by SMS. The re-draw prize winner’s name will be published online at telstra.com/beinvolved and in The Australian on 19th October 2008.
16. If the re-drawn prize is not claimed by the re-draw prize winner by 12pm on 26 September 2009, the unclaimed prize will be distributed by the Promoter as determined by the Promoter in its discretion.
17. Total Prize pool value is $3,500.00.
Minors
18. If the prize winner is under the age of 18 years, the prize will be awarded to their parent or legal guardian. Minors may use the Prize, but they must be accompanied by a person over 18 years when doing so, and have consent from their parent or legal guardian (which the Promoter may request in writing).
19. A parental or guardian consent referred to in these terms must:
(a) consent to the matters referred to in these terms and conditions; and
(b) include the words "in consideration of Telstra agreeing to admit the entrant into this Promotion, [name of Parent or Guardian] agrees to be bound by the terms of entry into the Promotion".
20. The parent or guardian of each Eligible Entrant:
(a) will ensure that the Eligible Entrant in respect of whom they agree to these terms and conditions, will comply with these terms and conditions; and
(b) warrants, that the Eligible Entrant in respect of whom they agree to these terms and conditions, is capable of agreeing to these Terms and giving the consents contained herein.
21. The parent or guardian of each Eligible Entrant, agrees to indemnify the Promoter and its related bodies corporate and contractors (the "Indemnified Parties") for and against:
(a) any claims made by the Eligible Entrant, his or her guardian, or any member of his or her family, against any Indemnified Party in connection with the Promotion; and
(b) any losses (including any liability) caused by any conduct of the Eligible Entrant which is inconsistent with these terms and conditions.
General Conditions
22. All decisions of the Promoter and its representatives in relation to any aspect of the Promotion, including whether the eligibility criteria have been met or these terms and conditions of entry have been satisfied, are final and binding. No correspondence will be entered into.
23. Prize is not transferable or exchangeable and is not redeemable for cash. All other ancillary costs and any and all other expenses associated with taking and using the Prize are the responsibility of the winners and their guests. The 2009 Toyota AFL Grand Final tickets will be valid only on the date of the 2009 Toyota AFL Grand Final on 26 September 2009 (or a date as otherwise determined by the relevant authorities).
24. 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 also does not warrant that the entry mechanism will always be available.
25. 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.
26. 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.
27. 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.
28. 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.
29. Without limiting any other part of these terms and conditions, by entering into the Promotion the entrant understands and agrees that they may receive an SMS message from the Promoter (free of any charge) if they are the winner of any Prize.
30. By entering the Promotion, the entrant, and their parent/guardian if they are under 18 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.
31. By entering into the Promotion, the entrant, and their parent/guardian if they are under 18 years of age, 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.
32. If the Promoter is unable to provide the 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 the Victorian Commission for Gambling Regulation.
33. To the extent permitted by law, the Promoter shall not be liable for any loss or damage whatsoever (including but not limited to indirect 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 a Prize.
AFL Authorisation Code: GFAFL09/118
