Guitar Hero 3 Competition
Terms and Conditions of Entry for:

The "Guitar Hero® III" 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 ("AEST") on 5 June 2008 and will continue until 9:00 am AEST on 15 July 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 Guitar Hero® III 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 complete an Eligible Website Purchase or an Eligible WAP Site Purchase during the Promotion Period ("Eligible Entry").

    Eligible Entrants who:
    1. go to the BigPond Games website at http://bigpondgames.com.au ("Website");
    2. click on the " Guitar Hero III" link on the Website;
    3. purchase one of the Eligible Mobile Games listed in clause 15 from the Promoter; and
    4. when promoted, using their Telstra mobile phone, SMS the supplied game code to 176, to receive a link to download the Guitar Hero III game;

    will have performed an "Eligible Website Purchase".

    Eligible Entrants who:
    1. access the BigPond Games WAP ("WAP Site") via their Telstra mobile phone service that is connected to Telstra's Next G™ network or Telstra's 3G network;
    2. click on the " Guitar Hero III" promotion banner; and
    3. purchase one of the Eligible Mobile Games listed in clause 15 from the Promoter;

    will have preformed an "Eligible WAP Site Purchase".

  6. Eligible Entrants who complete either an Eligible Website Purchase or an Eligible WAP Site Purchase by following the procedure listed in clause 5 will be automatically entered in the Promotion ("Eligible Entry"). The Eligible Entrant will be deemed the account holder of the mobile phone used to make the Eligible Purchase and will be deemed to reside at the billing address of the account holder.
  7. Only one entry per Eligible Website Purchase or Eligible WAP Site Purchase.
  8. 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.
  9. The maximum cost for the SMS to 176 which is a component of an Eligible Website Purchase, will be 55c including GST. Standard browsing charges apply in accessing the WAP Site for the purposes of an Eligible WAP Site Purchase.
  10. The Eligible Entrants with the first 32 valid Eligible Entries drawn will each win a Guitar Hero III: Legends of Rock game and guitar pack valued at $150 each including GST ("Prize"). The Prize consist of:
    1. Guitar Hero III Legends of Rock Software;
    2. Guitar Hero wireless Guitar Controller;
    3. Guitar Faceplace;
    4. Guitar Hero Sticker Pack; and
    5. Standard 1 inch Wide Guitar Strap.
  11. A computerised draw for the prizes will take place at 1:00 pm AEST on 4 July 2008 ("Draw Date") at Suite 1, Level 1, 34 Chandos Street, St Leonards, NSW 2065 ("Draw Location"). The draw will be conducted by a representative of Anisimoff Legal.
  12. The Prize winner will be notified by telephone, SMS and in writing on 18 July 2008. The winner's details will be published in The Australian on 25 July 2008. The prizes will be delivered to the winners by post.
  13. In the event that the Prize has not been claimed by 9 October 2008, and the original winner was not from Western Australia a computerised re-draw for the Prize will take place at 2.00pm AEST on 9 October 2008 ("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, SMS and in writing on 10 October 2008. The re-draw winner's details will be published in The Australian on 31 October 2008. The re-draw prizes will be delivered to the winners by post.
  14. If the original winner of the Prize is a resident of Western Australia, the Promoter will hold the unclaimed Prize until 4 July 2009 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.
  15. The list of games ("Eligible Mobile Games") for the Promotion comprises of:
    1. Guitar Hero III;
    2. Iron Man;
    3. Incredible Hulk;
    4. Monopoly Tycoon 2007;
    5. World Poker Tour: Texas Hold 'Em 2;
    6. 3D Trickshot Pool; and
    7. 3 in 1 Sudoku.

    General

  16. The total Prize pool value is up to $4800.
  17. The Prize is transferable but is not exchangeable or redeemable for cash. All other costs associated with the Prize are the responsibility of the winner.
  18. 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.
  19. The Promoter accepts no responsibility for any variation in the value of the Prize 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.
  20. 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.
  21. 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.
  22. 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.
  23. 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.
  24. 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.
  25. 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.
  26. By entering the Promotion, the Eligible Entrant understands and agrees that the Promoter may use and disclose the information provided by the Eligible 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 Eligible Entrant agrees that the Promoter can continue to contact them even after this Promotion ends. If the Eligible Entrant would like to access or correct the personal information that the Promoter holds about the Eligible Entrant, or if the Eligible Entrant does not wish the information to be disclosed, the Eligible Entrant should advise the Promoter by phoning 1800 039 059.
  27. By entering into the Promotion, the Eligible 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.
  28. 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.
  29. The Promoter accepts no responsibility for any tax liabilities that may arise from winning the Prize.
Guitar Hero is a registered trademark of Activision Publishing, Inc. Guitar Hero Game: © 2007 Activision Publishing, Inc. Activision and Guitar Hero are registered trademarks of Activision Publishing, Inc. All rights reserved. Covered by one or more of the following patents: U.S. Patent Nos. 5,739,457, 6,018,121, 6,369,313 and 6,835,887. All Gibson marks, logos, trade dress, guitar models and related rights provided pursuant to exclusive license from Gibson Guitar Corp. All rights reserved. Mobile Game Code © 2007 Hands-On Mobile, Inc. Hands-On Mobile is a trademark of Hands-On Mobile, Inc. All rights reserved.

Authorised by permit numbers:

NSW: TP 08/02062
SA: T 08/2158
ACT: LTPS/08/05336
  
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