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Terms & Conditions
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Head 2 Head SMS Trivia Club - Play to Win Promotion • Information on how to enter form part of the terms and conditions of entry. • Entry is open to all residents of Australia bar SA from 00:00 (AEST) 1 February, 2010 to 23:59 (AEST) 31 July, 2010 and restricted to persons over the age of 18 years of age. • This is a ‘proof of purchase' competition. To receive a valid entry in the draw for the prizes, participants must first join the Head 2 Head SMS Trivia Club answering the question on the website http://head2headtrivia.com/ , entering your number into the website & then by SMS'ing the keyword shown on promotional material to 19994637 (cost will not exceed $0.55 inclusive of GST). You will then be requested to Opt In again (Double Opt In). Once their SMS has been received, members will be able to play other members in trivia games. For every game completed (answer a single question by SMS in the answer), the participant will receive 1 (one) free, automatic entry in the draw for the prizes with their purchase. Each entry is at a cost of 55 cents. Each daily blastout question cost $2.00. To reply with your answer costs 55c. Once answered you will be sent an additional question at cost of 55c. • The draw for the major prize winners will take place on Friday 6 August, 2010. This draw is to be conducted at 11:00am (AEST) at the premises of 5th Finger at Level 9, 264 George St SYDNEY NSW 2000. This draw will include all valid entries received during the promotional period. • The promoter reserves the right to request winners to provide proof of identity and proof of residency at the nominated prize delivery address. Identification considered suitable for verification is at the discretion of the promoter. • Judges' decision is final and no correspondence will be entered into. Prizes cannot be transferred. Prizes cannot be redeemed for cash. • It is a condition of accepting the prize that the winner may be required to sign a legal release in a form determined by the promoter in its absolute discretion. • Prize winners are advised that Tax implications may arise from their prize winnings and they should seek independent financial advice prior to the acceptance of the prize. • If for any reason this promotion is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures 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 disqualify any individual who tampers with the entry process. • The winner of the major prize will be notified by phone and mail and published in the Public Notices section of The Australian newspaper on Thursday 12 August, 2010. • Prize values are the recommended retail value as provided by the supplier and are correct at time of printing. All prize values are in Australian dollars. • The promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to direct or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s, except for any liability which cannot be excluded by law. • Employees and their immediate families of the promoter and their agencies and companies associated with the promotion are ineligible to enter the competition. • The promoter shall conduct such further draws as may be deemed necessary at 5th Finger, Level 9, 264 George St SYDNEY NSW 2000 on 8th November 2010 at 11am (AEST) to distribute any prizes unclaimed by that date and published in The Australian newspaper on Thursday 11 November 2010. • All entries become the property of the promoter. All winning entries will be entered into a database and unless otherwise advised in writing by the entrant the promoter may use the winners' names, addresses and telephone numbers for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid. • There will be a 6 minor prize draws for a cheque for $1,000. These draws will be conducted and published as outlined in the below table and all winners will be notified in writing.
• The winner of the major prize will win an invitation to “The Event” in Sydney on Thursday 19 August 2010 where they will select one of fifty envelopes to find out the prize they have won. In the event that a redraw is conducted “The Event” will take place on 24th November 2010. There will be 49 envelopes containing a prize of $1,000 and 1 envelope with a prize for $10,000. All cash prizes will be awarded in the form of a cheque. • If the Major Prize winner is not a resident of NSW or the ACT the prize winner will receive flights and accommodation to attend the “Event” in Sydney. This will consist of return economy flights from their closest capital city to Sydney valued at a maximum cost of $700.00. The Major Prize winner will also receive 1 night's accommodation in a 3 star hotel in Sydney valued at a maximum cost of $150.00. Total maximum value for the travel component of the prize is $850.00 inc. GST. The Event will take place at 12 noon on the draw date at 5th Finger Pty Ltd, Level 7, 264 George Street, Sydney NSW 2000. • It is a condition of entry that the Major Prize winner or a representative of the Major Prize Winner must be available to travel to Sydney on the date specified by the Promoter in clause 17 or if a redraw is conducted 8th November 2010 at 11am (AEST). If the Major Prize winner or a representative of the Major Prize winner is unable to attend, the Promoter will appoint a proxy to randomly select one of the 50 envelopes. All ancillary costs incurred in taking and using a Major Prize (including but not limited to meals, mini bar, additional spending money, insurance and taxes) are the responsibility of the Major Prize winner. Unless expressly stated as being part of a Major Prize, all other expenses are the sole responsibility of the Major Prize winner. • The Total Value of Prizes available to residents of NSW and the ACT is $16,000.00 Inc GST. The Total Value of Prizes available to residents of all other Australian states and territories is $16,850.00. • In the event that for any reason whatsoever a winner does not take an element of the prize at the time stipulated by the promoter then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that element of the prize. • The promoter is: Konda Corp Pty Ltd, 29 The Esplande, Cotton Tree, QLD, 4558. ABN 38 108 323 655 Authorised under permit numbers: NSW: LTPS/10/00372; ACT: TP 09/05002 ; VIC: 10/164 . Head 2 Head SMS Trivia Club - The Service • Subscription to The Service confirms acknowledgement and acceptance of these Terms and Conditions. • The Service is a recurring content delivery subscription that will automatically send mobile phone content at a set frequency to a mobile phone or other compatible device at a set price per item sent. • The type of content, the cost of the content and the frequency of the delivery of the content are detailed in schedule A. • These Terms and Conditions form an agreement between The Subscriber, The Facilitator, The Gateway and The Promoter. • The Facilitator, The Gateway and The Promoter of The Service are identified in Schedule A. • The Subscriber is the person responding to the call to action by sending a message to the service on the Device. • The Bill Payer is the person responsible for the payment of the account related to The Device. • The Device is a mobile phone or any other electronic device capable of receiving The Content. • Prior to subscribing to The Service, The Subscriber should confirm that The Device is compatible with The Content delivered by The Service. Information on Device compatibility is available on The Service Website identified in Schedule A. • The Device will be subscribed to receive content from The Service. • To unsubscribe from the service, The Subscriber must comply with the expiration conditions and SMS the message ‘STOP' to the service number identified in Schedule A. This will cancel The Subscription to The Service within 24 hours. • Each message sent to the subscribed device will be in accordance with The Frequency set out in Schedule A and shall be accompanied a minimum of every month by a ‘helper' SMS message that confirms The Charges and The Frequency of The Content sent to The Device. • The Service shall remain active until the expiry conditions as detailed in Schedule A have been met. • Should The Subscriber to The Service experience difficulties receiving or using The Content, they should refer to The Service Website for information on how to resolve any issues with respect to The Service. The Service Website contains directions for people to raise issues they unable to resolve via the information contained on The Service Website. • The Subscriber warrants that either: • The Bill Payer agrees to pay the charges associated with The Subscription of The Device to The Service in accordance with the terms of their agreement or contract with their mobile phone carrier and in accordance with these Terms and Conditions. • The Subscriber or The Bill Payer may cancel this agreement at any time by sending an SMS message from The Device with the word ‘STOP' to the main service number or by reply to any helper SMS message received by The Device. The service will be cancelled within 24 hours. • Alterations to these Terms and Conditions may only be made by The Promoter or Facilitator and will be posted on The Service Website. Subscribers are encouraged to check The Service Website regularly to ensure that they are not affected by any changes to The Terms and Conditions. • To the extent that it is permissible by law, The Subscriber and The Bill Payer agree to indemnify The Promoter and The Facilitator from any action or claim arising from any activity or event related to The Service. • This agreement is governed by the Laws and Courts of New South Wales Australia. Schedule A Name of the service: The Service Number: Call centre number: Promoter: Facilitator: Gateway: Type of content: Cost of service: Frequency of service: The Service Website: Expiry conditions: |
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