Batman: The Dark Knight Competition
Terms and Conditions of Entry for:

The BigPond® "Batman: The Dark Knight" Promotion

  1. Information on how to enter and prize details form part of these conditions. Purchase of the "Batman: The Dark Knight" mobile game 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.
  3. The Promotion will be open from 9:00 am Australian Eastern Standard Time ("AEST") on 17 July 2008 and will continue until 5:00 pm AEST on 18 August 2008 ("Promotion Period").
  4. Entry is open to all Australian residents aged 18 years and over who are Telstra pre-paid or post paid mobile customers with a mobile phone handset capable of supporting the Batman: The Dark Knight mobile game 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 successfully complete one of the following Options:

    Option One

    1. access the BigPond WAP Site ("WAP Site") via their Telstra mobile phone service;
    2. click on the "Batman The Dark Knight" tab; and
    3. select to buy the "Batman The Dark Knight" game from the Promoter.

    Option Two

    1. go to the BigPond Games website at www.bigpondgames.com ("Website");
    2. click on the "Batman The Dark Knight" tab;
    3. select to buy the "Batman: The Dark Knight" 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 Three

    1. Purchase the Batman: The Dark Knight game from the Promoter using their Telstra mobile phone by sending a SMS of the game code "Joker" to 176 3733 to receive a link to download the game,

    (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. The cost of sending a SMS message in Option Two will not exceed 55 cents. There is no cost to send a SMS message in Option Three.

    Gift

  8. Eligible Entrants who complete an Eligible Purchase will each receive from the Promoter a WAP link to download the "Batman: The Dark Knight" wallpaper, valued at $3.95, inclusive of GST. The WAP link will be sent immediately following the Eligible Purchase to the mobile phone used to make the Eligible Purchase.
  9. Eligible Entrants will receive the WAP link to download the wallpaper as many times as they make an Eligible Purchase.

    Daily Prizes

  10. Glu Mobile and E & I Marketing Consultant Co., Ltd will electronically allocate a timestamp to each Eligible Purchase ("Time Stamp").
  11. Glue Mobile and E & I Marketing Consultant Co., Ltd will electronically nominate a winning time for each day of the Promotion Period ("Winning Time"). The Winning Time will be randomly nominated the day prior to the nominated day.
  12. Each day during the Promotion Period, the first Eligible Entrant with a Time Stamp for that day that is within three minutes of the Winning Time for that day will receive from the Promoter a double movie pass to Greater Union Cinemas valued at $30, inclusive of GST ("Daily Prize").
  13. Standard terms and conditions apply to the Daily Prize. Daily Prizes are valid for 11 months from the start of the Promotion Period and are not valid all day Tuesdays and public holidays, Saturday & Sunday after 5pm, or in Greater Union Gold Class Cinemas.
  14. Each Daily Prize winner will be notified by SMS on the day that they win the Daily Prize.
  15. In the event that there is no Time Stamp within three minutes of the Daily Winning Time for a day, the Eligible Entrant with the Time Stamp that immediately follows the Daily Winning Time for that day will receive the Daily Prize. For example if the Daily Winning Time was 4h:00m:00s and that day there were two Time Stamps later than this time (4h:01m:30s and 4h:05m:48s) the Time Stamp of 4h:01m:30s would receive the Daily Prize for that day.
  16. The total prize pool for the Daily Prize is $990, GST inclusive.

    Major Prize

  17. Prior to the Promotion Period, Glu Mobile and E & I Marketing Consultant Co., Ltd will electronically nominate a winning time for the Major Prize ("Major Winning Time"). The Major Winning Time will be randomly nominated.
  18. Glu Mobile and E & I Marketing Consultant Co., Ltd will electronically nominate a winning time for each day of the Promotion Period ("Entry Winning Time"). The Entry Winning Time will be randomly nominated the day prior to the nominated day.
  19. Each day during the Promotion Period, the first Eligible Entrant with a Time Stamp for that day that is within three minutes of the Entry Winning Time for that day will receive an entry to win the Major Prize ("Major Prize Entry").
  20. In the event that there is no Time Stamp within three minutes of the Entry Winning Time, the Eligible Entrant with the Time Stamp that immediately follows the Entry Winning Time will receive the Major Prize Entry. For example if the Entry Winning Time was 4h:00m:00s and there were two Time Stamps following this time of 4h:01m:30s and 4h:05m:48s, the Time Stamp of 4h:01m:30s would receive the Major Prize Entry.
  21. Each Major Prize Entry winner will be notified by SMS on the day that they win the Major Prize Entry.
  22. The Major Prize Entry winner with a Time Stamp that is the closest to the Major Winning Time will receive from the Promoter a Yamaha XV 250cc motorbike and helmet valued at up to $7000, inclusive of GST ("Major Prize"). The Major Prize includes all road costs.
  23. The Major Prize winner will be notified by SMS and in writing on 19 August 2008. The Major Prize winner's details will be published in The Australian on 21 August 2008.
  24. The Major Prize winner may be required to sign a release and indemnity form in favour of the Promoter and return the document to the Promoter prior to accepting their prize.

    General

  25. The total Prize pool value is up to $7990.
  26. Eligible Entrants who win a Daily Prize are still eligible to win the Major Prize.
  27. On the day of Eligible Purchase, as well as notification via SMS, Eligible Entrants will receive a WAP link to download a hidden image identifying the Gift, or, if applicable, the Daily Prize or Major Prize Entry won by the Eligible Entrant. This hidden image can be "decoded" using a decoder card, available at no cost from Fone Zone, WOW, & Big W.
  28. Eligible Entrants who are in breach of the BigPond Games terms and conditions during the Promotion Period will be ineligible to win a prize. These terms and conditions are available at http://www.telstra.com.au/customerterms/docs/infoservices.pdf.
  29. The prizes are not transferable or exchangeable and are not redeemable for cash. All other costs associated with the prizes are the responsibility of the winner.
  30. 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.
  31. 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 the prizes.
  32. 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 nominated prize, subject to any written directions given by State or Territory gaming departments.
  33. 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.
  34. 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.
  35. 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.
  36. 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.
  37. 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.
  38. By entering into the Promotion, the 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 them;
    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.
  39. 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 or prizes won.
  40. The Promoter accepts no responsibility for any tax liabilities that may arise from winning a prize.

Authorised by permit numbers:

NSW PERMIT NO. LTPS/08/07190
SA PERMIT NO. T 08/2784
ACT PERMIT NO. TP 08/02718
VIC PERMIT NO. 08/3021

  
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