Telstra's "Metal Gear Solid" 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 ("Promoter").
3. The Promotion will be open from 9am Australian Eastern Time ("AEST") on 30 June 2008 and will continue until 11:59pm AEST on 13 July 2008 ("Promotion Period").
4. Entry is open to all Australian residents aged 18 years and 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:
   1. go to the BigPond Games website at www.gamearena.com.au ("Website");
   2. click on the "Competitions" tab;
   3. click on the “Metal Gear Solid” link;
   4. watch a “Solid Snake Skills Training” video clip (a new “Solid Snake Skills” training video clip will be available for viewing on 23 June 2008, 30 June 2008 and 7 July 2008);
   5. create and upload photographic images or video clips that are compliant with term 6 below, demonstrating their “Solid Snake Skills”; and
   6. complete required personal details including name, address, phone number and email address when prompted on the website (“Eligible Entry”).
6. Photographic images or video clips that are included in an Eligible Entry must:
   1. not be greater than 8mg 8mb in size;
   2. be in one of the following formats: flv and wmv;
   3. if a video, be no more than 1 minutes in length;
   4. be filmed on either a digital video or still camera, or a mobile phone handset;
   5. not contain any material that is illegible, incomprehensible, offensive, defamatory, violent, obscene, threatening, discriminatory or illegal (or that encourages anyone to do anything illegal or dangerous);
   6. not include a third party's image or likeness, or invade a third party's privacy;
   7. not infringe copyright or other intellectual property rights owned by any party or include anybody else's material without their consent or licence;
   8. not contain any advertising material; and
   9. otherwise comply with these terms and conditions in particular the warranties given under term 24.
7. In producing their entry, entrants must ensure that they do not engage in activities that could result in danger to third parties or to themselves.
8. An Eligible Entrant may enter the Promotion only once during the Promotion Period. All Eligible Entries will be assessed in the judging process.
9. Judging of all Eligible Entries received during the Promotion Period will take place from 9am AEST on 15 July 2008 ("Judging Date"). The judging will take place at BigPond Games, Level 7, 151 Clarence Street, Sydney 2000 by representatives of the Promoter. This is a game of skill only and chance plays no part in determining the winner.
10. The Eligible Entrant with the most creative photographic image or video clip as determined by the judges will receive, from the Promoter, a prize pack valued at $2617.95 (“First Prize”), consisting of:
    1. one PS3 Console;
    2. one Sony LCD 32in TV; and
    3. one Metal Gear Solid 4 PS3 Game.
11. The Four runner-ups with Eligible Entrant with the most creative photographic image or video clip, as determined by the judges, will each receive, from the promoter, a Metal Gear Solid 4 PS3 Game (total prize value each $119.95) ("Second Prize").
12. Prizes are not transferable or exchangeable and are not redeemable for cash. All other costs associated with the prizes are the responsibility of the winners.
13. 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.
14. The judges' decision is final and binding and no correspondence will be entered into.
15. 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.
16. The prize winners will be notified by email and phone on 16 July 2008.
17. Any prizes which have not been claimed by 5pm, 16 August 2008 will be distributed at the Promoter's absolute discretion.
18. 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.
19. The Promoter reserves the right to disqualify entries in the event of non-compliance with these terms and conditions of entry and the Promoter's decision in relation to any aspect of the Promotion is final and binding on each person who enters. No correspondence will be entered into.
20. By entering the Promotion, the entrant acknowledges that she or he has, and agrees to maintain, the necessary authority to upload or provide a link to their entry as contemplated in term 5 and if they win, the necessary authority to grant the rights, consents, permissions and licences under terms 20 to 23. In submitting an entry, the entrant agrees to comply with the Promoter’s Acceptable Use Policy set out in Part A of the BigPond Services section of Telstra’s Our Customer Terms, located at < http://www.telstra.com.au/customerterms/docs/bp_part_a.pdf>.
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 you were a customer of the Promoter. The entrant agrees that we can continue to contact you 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 the Promotion, entrants:
    1. grant the Promoter a worldwide, perpetual, irrevocable, royalty free licence (including the right to sub-licence) to use, reproduce, modify, re-purpose alter, adapt their entry and communicate it to the public in any form and in any media (including any media not yet in existence at the time of the Promotion) for any purpose including the Promoter's marketing and promotional purposes; and
    2. unconditionally and irrevocably consent to the Promoter doing or failing to do any act in relation to their entry that may, except for this paragraph, infringe the entrant's moral rights (as defined in Part IX of the Copyright Act 1968 (CTH) in the entry (Moral Rights);
    3. waive any and all Moral Rights they have in the entry outside Australia; and
    4. agree not to institute, maintain or support any claim for infringement of their Moral Rights in their entry.
23. By entering this Promotion, entrants warrant that:
    1. they own or have the right to license to the Promoter the right to use and communicate to the public (in the manner contemplated by these Terms) all intellectual property rights, including all copyright, contained in the entry, including without limitation, in the film, any performances, lyrics, sound recordings, musical score or other copyright material;
    2. all persons who have contributed to the creation of the entry, including without limitation, all person who contributed to making the entry, who are featured in the entry (including their images and voices), or who otherwise own intellectual property in the entry or any material contained in the entry (including without limitation, any lyrics, musical score, film, sound recordings, any performance or any other copyright material) (Contributors), have consented to:
       1. their contribution;
       2. the entrant's entry being entered in the Promotion; and
       3. the entrant's entry being used by the Promoter as contemplated by these Terms,

       and agree to provide evidence of such consent if requested by the Promoter; and

    3. all Contributors to the entrant's entry have:
       1. unconditionally and irrevocably consented to the Promoter doing or failing to do any act in relation to the entry that may, except for this paragraph, infringe the Contributor's Moral Rights; and
       2. waived any and all Moral Rights they have in the entry outside Australia; and
    4. their entry into this Promotion and compliance with these Terms does not breach any existing agreement or arrangement between the entrant and any other person or infringe the rights (including intellectual property rights) of any third party.
24. By entering the Promotion, entrants agree and acknowledge that:
    1. they may be contacted by the Promoter (or its agent) to provide comments about the Promotion and the Promoter (or its agent) may take photos of the entrant (collectively, the Materials), and they will cooperate in good faith with such requests;
    2. the Promoter may use, reproduce, modify, alter, adapt the Materials and communicate them to the public anywhere, in any form and in any media (including any media not yet in existence at the time of the Promotion) for any purpose including the Promoter's marketing and promotional purposes without compensation or reference to the entrant. The Promoter may license, authorise or otherwise transfer the rights in the Material to other to do the same;
    3. they do not own any right, title or interest, including any intellectual property rights, in the Materials and that the Promoter owns all such right, title and interest, in the Materials. By entering the Promotion the entrant assigns absolutely any right, title and interest, including intellectual property rights, that they have in the Materials to the Promoter so that all such right, title and interest throughout the world vests automatically in the Promoter on their creation;
    4. they unconditionally and irrevocably consent to the Promoter doing or failing to do any act in relation to the Materials that may, except for this paragraph, infringe their Moral Rights;
    5. waived any and all Moral Rights they have in the Materials outside Australia; and
    6. agree not to institute, maintain or support any claim for infringement of their Moral Rights in their entry.
25. Entrants acknowledge that they produce their entry at their own risk. 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, including but not limited to loss or damage sustained in connection with producing an entry.
26. The Promoter accepts no responsibility for any tax liabilities that may arise from winning the prize.