Terms and Conditions of Entry for the BigPond® Movies “The Sapphires” Promotion (“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 Level 3, 400 George Street, Sydney NSW 2000 ("Promoter").
3. The Promotion will be open from 9:00 am Australian Eastern Daylight Saving Time ("AEDST") on 7 December 2012 and will continue until 5:00 pm AEDST on 3 February 2013 ("Promotion Period").
4. Entry is open to all Australian residents, 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, complete the steps listed below:
(a) rent the movie “The Sapphires” (“the Movie”) by any one of the following Options;
(i) go to the BigPond Movies website located at www.bigpondmovies.com ("Website"), rent the Movie, select “Rent Now” and login as required;
(ii) select BigPond Movies on your T-Box main menu, browse for the Movie and use the arrow buttons on your T-Box remote to select the Movie and hit the “OK” button to rent;
(iii) on your LG TV, Blu-ray player or Blu-ray Home Theatre with NetCast, access NetCast by using your remote control, select BigPond Movies from the NetCast main menu, browse for the Movie and use the arrow buttons to select the Movie and hit the "OK" button to rent; or
(iv) on your Samsung Smart TV, Blu-ray player or Blu-ray Home Theatre, access Internet@TV by using your remote control, select BigPond Movies from the Internet@TV main menu, browse for the Movie and use the arrow buttons to select the Movie and hit the "OK" button to rent,
(each Option constitutes an "Eligible Purchase");
(b) obtain the code word (“Codeword”) embedded in the Movie;
(c) go to the Website, click on the “The Sapphires competition” link; and
(d) complete and submit the online entry form including the Codeword, name, email address and daytime phone number,
6. Only one entry per Eligible Entrant and per Eligible Purchase will be accepted.
7. Standard browsing charges apply, where applicable, in accessing the internet. Standard charges apply to rent the Movie. If an SMS is required to be sent, standard SMS charges may apply up to a maximum of 55 cents.
8. A manual draw for the prize will take place at 12:00 pm AEDST on 5 February 2013 ("Draw Date") at level 3, 400 George Street, Sydney NSW 2000 ("Draw Location"). The draw will be conducted by a representative of the Promoter.
9. The Eligible Entrant with the first valid Eligible Entry drawn will win from the Promoter a four Gold Service tickets travelling on The Ghan from Darwin to Adelaide*, valued at $9,160.00 (inc GST), (“Prize”).
*The winner and their guests are responsible for their own travel to Darwin, NT to undertake the Prize and from Adelaide, SA to their place of residence and all other associated costs.
10. The prize winner will be notified by telephone and in writing by 7 February 2013. The winners’ details will be published in The Australian newspaper on 19 February 2013.
11. In the event that a prize has not been claimed by 9:00 am Australian Eastern Standard Time (“AEST”) on 7 May 2013, a manual re-draw for the prize will take place at 2:00 pm AEST on 7 May 2013 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 by 9 May 2013. The re-draw winner’s details will be published in The Australian newspaper on 21 May 2013.
12. The total prize pool value is AUD$9,160.00 (including GST).
13. Prizes are not exchangeable, transferrable and are not redeemable for cash. All other costs associated with the prizes, including but not limited to spending money, taxes (excluding flight associated taxes), meals, transfers, travel insurance, items of a personal nature, in-room charges and all other ancillary costs are not included and are the responsibility of the winner and their guests. Prize must be taken on or before 5 February 2014 and is subject to booking availability. Blackout periods may occur.
14. The Prize cannot be transferred to another service and is not to be used in conjunction with any other special offers.
15. Standard ticket terms and conditions apply and may be subject to change. The terms and conditions which apply to use of the tickets at the time they are issued to the winners will prevail over these terms and conditions, to the extent of any inconsistency. The terms and conditions of Great Southern Rails are available at www.gsr.com.au.
16. Acceptance of the travel aspect of the prize is subject to any prevailing terms and conditions of travel prize component providers (if any), and may include health, behaviour, age and safety. No compensation will be provided to the winner if they are unable to use any element of the prize as stated for whatever reason, including participation in certain activities for health, age, behaviour or safety reasons.
17. Itinerary to be determined by the Promoter in its absolute discretion. Prize is subject to the standard terms and conditions of individual prize and service providers. Winner may be required to present credit card at time of accommodation check in.
18. The winner may be required to sign a release and indemnity form in favour of the Promoter and any prizes providers and return that document to the Promoter prior to receiving the prize, and will comply with any such request of the Promoter as a condition of award of the Prize.
19. The Promoter excludes all warranties in relation to supply of the prize, except those that cannot be excluded by law.
20. 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.
21. If a winner chooses not to take the prize or any component of it (or is unable to), they forfeit the prize and the Promoter is not obliged to substitute the prize or any component.
22. The Promoter accepts no responsibility for any variation in the value of a prize.
23. If the Promoter is unable to provide a winner with the nominated prize, the Promoter reserves the right to supply an alternative prize of equal or greater monetary value to the nominated prize, subject to any written directions given by State or Territory gaming departments.
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 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.
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. 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.
27. Eligible Entrants who are in breach of these terms and conditions or the BigPond Movies terms and conditions are ineligible to win. These terms and conditions and the BigPond Movies terms and conditions are available on the Website.
28. 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.
29. 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.
30. To the extent that these terms are unenforceable or do not comply with the law, that term is to be read down, or excluded to the extent required to comply with the law.
31. 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) of conducting this promotion and for other purposes of collection as 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 Promoter may disclose entrants’ personal information to its contractors and agents to assist in conducting this promotion or communicating with entrants and to State and Territory lottery departments and winners’ names may be published as required under the relevant legislation. 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.
32. 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 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.
33. 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 indirect 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 the prize.
Authorised by permit numbers:
ACT: TP 12/04671
Update: The winner is M. Johnson.