Conditions of EntrySuper Quiz Club Chance to Win $100 000 Promotion1.Information on how to enter and prizes form part of these Conditions of Entry. Entry into this promotion is deemed acceptance of these Conditions of Entry by each entrant. Entry is via SMS only. This promotion is intended to promote awareness of and generate subscriptions to the Super Quiz Club mobile content subscription service. 2.Entry must be made via SMS (Premium Short Messaging Service (PSMS) rate max $0.55) using SMS (short messaging service) and WAP (Wireless Application Protocol) enabled mobile phones. Some service providers and call plans may not provide access to premium SMS. Entrants must check with their service provider if unsure. 3.Entry into the promotion is only open to Australian residents (excluding Victorian & South Australian residents) aged 18 years and over who are identified as having a clear relationship with the end mobile device (evidenced by entrants entering by SMS message originating from an MSISDN (Mobile Subscriber Integrated Services Digital Network Number) identifying the entrant), who have the bill payer's consent to enter by SMS, who agree to join the Super Quiz Club mobile content subscription service by virtue of submitting their entry into the promotion and who are able to participate in the Event (as defined below) in the manner required (as outlined below) in the event that they are drawn as the Major Prize winner. Employees, directors and management (and their immediate families) of the Promoter and printers, suppliers, providers and agencies associated with this promotion are ineligible to enter. 4.To enter the promotion, eligible entrants, must during the promotional period, subscribe to the Super Quiz Club mobile content subscription service by sending an SMS in the required format to 191919. The required SMS format is "TRIGGER WORD + ANSWER". The trigger words are: CASH, QUIZ, WIN, PLAY, GAME, MONEY, STAR. The trigger words will be advertised on TV, Web and Print during the promotional period. On receipt of the entrants SMS containing the "TRIGGER WORD + ANSWER" a participation confirmation SMS will be sent to the entrant confirming the details of the promotion and the Super Quiz Content Club, requesting the entrant to confirm their intention to partake in the promotion. SMS entries to enter the promotion will be charged at the PSMS max rate $0.55 including GST. 5.By entering the promotion in the manner described above, entrants acknowledge that they are agreeing to subscribe to the Super Quiz Club mobile content subscription service. Subscription costs 2 x $2.50 messages per week. This allows the entrant to receive $20 worth of mobile content, which may include Polyphonic Ringtone, Realtone Ringtone, Mobile Games, Wallpaper, Animation, Mobile Video or Sound FX, Celebrity Gossip, Horoscope or Jokes. Entrants can opt out of this subscription service at any time by replying to an SMS message sent by the Promoter to the entrant in relation to the promotion or the subscription service, by sending an SMS with the word "STOP" to 1993 4455 (at no cost to the entrant), by contacting the help line on 1300 886 503 (free call) or by logging on to www.superquizclub.com.au and accessing the "contact" section of the website. An SMS message containing any other word besides "STOP" may not unsubscribe an entrant from the subscription service. Eligible entrants will still receive their entry/entries into the promotion if they have elected to opt out of the subscription service. Super Quiz Club mobile content services subscriptions are subject to prevailing terms and conditions of use, which are available at www.superquizclub.com.au 6.Once an eligible entrant has entered the promotion in the manner set out above they will be given the opportunity to gain up to ten (10) additional entries into the Major Prize draw. A series of up to ten (10) trivia questions will be sent via SMS (FREE messages) to eligible entrants who have entered the promotion. If the eligible entrant elects to answer one of more of the ten (10) sequential questions, they will gain an extra entry into the draw for each question they answer (regardless of whether the answer is correct or incorrect). If the entrant elects to submit their SMS answer, the entrant will be charged the PSMS rate (max cost $0.55 inc GST) for each additional entry. 7.Eligible entrants who enter the promotion in the manner set out above will also be invited to enter the Minor Prize component of the promotion. At the start of each promotional week (as set out below), a series of up to ten (10) trivia questions will be sent via SMS (FREE messages) to eligible entrants who have entered the promotion. If the eligible entrant elects to answer each question, they will gain an entry into the Minor Prize draw for that promotional week for each answer submitted (regardless of whether the answer is correct or incorrect). If the entrant elects to submit their SMS answer, the entrant will be charged the PSMS rate (max cost $0.55 inc GST) for each answer submitted. 8.SMS messages must be sent from a mobile phone handset and be identified by a MSISDN for security reasons (unique mobile SIM number) to be eligible. Any form of automated entry using the Internet or any other device or software is invalid. The charges for all SMS entry services will appear on each entrant's next mobile phone bill. All queries relating to mobile bills should be directed to the entrants' mobile or telephone carrier. Incomplete, ineligible or incomprehensible entries will be deemed invalid. No responsibility will be taken for lost, late or misdirected entries. Entries must be received by the Promoter during the promotional period. SMS entries will be deemed to be accepted at the time of receipt and not at the time of transmission. Entrants must have the bill payer's permission to enter the promotion or their entry will be invalid. 9.A reply SMS will be sent to each entrant immediately after their entry has been received confirming their entry has been successfully received. If an SMS entry is not successful because the entry submitted by an eligible entrant is not in the required format, a free "try again" message will be sent to the entrant. The "try again" message will prompt the entrant to check their entry and resubmit their entry in the required format. If the entrant elects to resubmit their entry, the entrant will be charged the PSMS rate (max cost $0.55 inc GST). The entrant will be charged at the PSMS rate (max cost $0.55 inc GST) for each entry submitted, regardless of whether the entry is in the correct format. 10.The Major Prize component of the promotion commences at 12:01am (AEDT) on 16/8/2009 and closes at 11:59pm (AEST) on 14/11/2009. The Minor Prize component of the promotion will be run over 12 promotional weeks as stated below in Condition 10. The start, close and draw dates and times (AEST/AEDT as applicable) for each promotional week are as stated below in Condition 10. Each draw will take place at Oxygen Interactive Marketing, Ground Floor 2-6 Glenferrie Road, Malvern VIC 3144. The winners will be notified by a telephone call and mail. The name and locality of the Major Prize winner will be published in The Australian on 22/11/2009 and the name and locality of the Minor Prize winners will be published in The Australian on the dates set out in Condition 10 below. All reasonable steps to notify the fawinners will be taken by the Promoter. The Promoter's decision is final and no correspondence will be entered into. 11.Promotional week details are as follows:
12.Entries for a given promotional week that are not drawn as the winning entry for that promotional week's draw are not eligible for subsequent promotional week draws. 13.Major Prize draw: Each eligible entrant who submits an entry into this promotion in accordance with the entry requirements set out above will go into the Major Prize draw. The Major Prize draw will take place at 11.30 am (AEST) on 16/11/2009 at Oxygen Interactive Marketing, Ground Floor 2-6 Glenferrie Road, Malvern VIC 3144. The first eligible entry randomly drawn from all entries received during the promotional period will win the right to attend the Event (as outlined below) for the Major Prize. 14.The person whose entry was drawn as the Major Prize winner must confirm their eligibility to be awarded the Major Prize within 2 days of being successfully notified by the Promoter that they have been drawn, otherwise their entry will be deemed invalid. If their entry is deemed invalid, the Promoter will draw another entrant at the same time and place as the original draw and repeat this process until an eligible entrant is drawn. If the Promoter is unable to notify any entrant drawn, the procedures outlined in Condition 25 will apply. 15.Major Prize "Event": The Major Prize is one (1) opportunity for the winner to participate in the "Win $100,000 event" ("Event"). Details regarding the Event are as follows: a.The Event will take place at Level 10, 100 William Street, Sydney, NSW, 2011 at 11.00am on 30/11/2009. If the winner's usual residential address is outside NSW, the Promoter will provide the winner with one (1) adult return economy airfare to Sydney from the nearest Australian capital city airport closest to their ordinary residential address (including airfare related taxes and charges), 1 night accommodation (standard single room) at the Sydney Boulevard Hotel and transfers to and from the airport, accommodation and Event so the winner can participate in the Event. The flights and accommodation are valued at up to $1,000.00 (Recommended Retail Price including GST, depending on point of departure). All other costs including meals, beverages, laundry services, spending money, transport to and from departure point, taxes (including applicable arrival and departure taxes), insurance, travel insurance and all other ancillary costs not expressly provided, as well as obtaining any of these, are the responsibility of the winner. Any passes, tickets or vouchers issued by the Promoter are subject to prevailing terms and conditions of use. b.There will be 100 numbered envelopes on display at the commencement of the Event. At the Event, the winner will be given the right to pick one envelope from 100, for the chance to win a one hundred thousand Australian dollars ($100 000 AUD). Ninety-nine (99) of the envelopes will contain cheques for $10 000 AUD. One envelope will contain a cheque for $100 000 AUD. The winner shall win the cash prize contained in the envelope he or she (or his/her proxy, as stated below) selects. The odds of the winner winning the $100 000 AUD is 100:1. c.In the event that winner cannot attend the Event, the winner may appoint a proxy (over 18 years of age) to attend and participate in the Event on their behalf, provided that the winner gives the Promoter written notice to that effect before the Event. The proxy may be required to sign a legal release in a form determined by the Promoter in its absolute discretion. All cheques will be payable to the winner only and will be delivered to the winner and not to the proxy. Alternatively, the winner may opt to participate in the Event via telephone whereby they will select a number between 1 and 100 inclusive and a representative of the Promoter will select the envelope bearing that number on their behalf. If selecting the envelope in person, the winner (or proxy, if applicable) must choose an envelope without handling or touching or interfering in any way with any of the other envelopes on display. If the winner (or proxy, if applicable) is found to have breached this condition, they will be disqualified. The Event shall be overseen and scrutinised by a representative of the Promoter's insurance company. The Promoter's decision is final and no correspondence will be entered into. d.The cash element of the prize won by the entrant will be paid by bank cheque into a bank account held in the winner's name within 14 days of the Event. 16.The Major Prize winner must be able to participate in the Event in the manner required as stated above on 30/11/2009 otherwise the entire prize is forfeited. No extension of these travel/event dates will be permitted. The winner will not accrue any frequent flyer points from taking the prize. All components of the prize must be taken together if applicable. Once booked, any changes made to the booking may incur a cancellation fee or amendment fee, at the cost of the winner. Accommodation and travel is subject to booking, accommodation and flight availability. Travel and accommodation are to be arranged by the Promoter or a licensed travel agent nominated by the Promoter. 17.It is a condition of accepting the Major Prize that the winner may be required to sign a legal release in a form determined by the Promoter in its absolute discretion. 18.In the event of war, terrorism, state of emergency or disaster (including natural disaster) or any other circumstance beyond the reasonable control of the Promoter, subject to any applicable laws or written directions made under applicable State or Territory legislation, the Promoter reserves the right to either provide an alternative travel prize (including an alternative destination and date as specified by the Promoter) to the same value as the original prize or to cancel, terminate, modify or suspend the promotion. 19.Minor Prizes: For each promotional week's draw, the first eligible entry randomly drawn from all eligible entries received during the relevant promotional week will each win one (1) Minor Prize. The Minor Prizes are as follows: a.Promotional Week 1: One (1) Westfield Gift Card valued at up to $1,000.00 20.All prizes values are the Recommended Retail Price including GST. All warranty claims in respect of the Minor Prizes must be directed towards the applicable manufacturer and not the Promoter. Gift vouchers are subject to prevailing terms and conditions of use (including expiry dates) and are not replaceable if lost or stolen. 21.Total maximum prize value is up to $113,000 (Recommended Retail Price including GST, depending on point of departure and the winner's State or Territory). The Promoter accepts no responsibility for any variation in prize value. Prizes are not transferable or exchangeable and cannot be taken as cash unless otherwise stated in these conditions. Any unused portion of a prize is non-transferable, non-refundable and non-redeemable for other goods or services and cannot be taken as cash. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. The Promoter accepts no responsibility for prizes lost or damaged in transit. 22.If any prize or any element of a prize becomes unavailable for any reason beyond the Promoter's reasonable control, then a similar prize or prize element of equal or greater value (including an alternative travel prize to an alternative destination at an alternative date as specified by the Promoter) will be awarded to the winner in lieu, subject to any written directions made under applicable State or Territory legislation. 23.Entrants can only enter in their own name. The Promoter reserves the right to request the winners to produce (within the requested time) appropriate photo identification or other documentation (to the Promoter's satisfaction, at its sole discretion) in order to confirm each winner's identity, age, residential address, eligibility to enter and claim a prize, that the entrant obtained the bill payer's consent to enter by SMS before submitting their entry, that the entrant has a clear relationship with the end mobile device used to enter via SMS, and any information submitted by the winner in entering the promotion, before issuing a prize. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or a winning entry has not been verified or validated to the Promoter's satisfaction within the time requested, that winner's entry will become invalid. 24.The prizes will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion. 25.The Promoter may conduct an unclaimed prize draw as is necessary at Oxygen Marketing, 2 – 6 Glenferrie Road, Malvern VIC 3144 at 10:00am (AEDT) on 15/02/2010 in order to distribute any Major Prize unclaimed by that date, subject to any written directions given applicable State or Territory legislation. In the event of any winner in the unclaimed prize draw, the winner will be notified by a telephone call and mail and the name and locality of the winner will be published in The Australian on 21/02/2010. 26.The Promoter may conduct an unclaimed prize draw as is necessary at Oxygen Marketing, 2 – 6 Glenferrie Road, Malvern VIC 3144 at 10:00am (AEDT) on 15/02/2010 in order to distribute any Minor Prize unclaimed by that date, subject to any written directions given applicable State or Territory legislation. In the event of any winner in the unclaimed prize draw, the winner will be notified by SMS and mail and the name and locality of the winner will be published in The Australian on 21/02/2010. 27.The Promoter and its associated agencies and companies shall not be liable for any loss (including, without limitation, indirect or consequential loss), damage, personal injury or death which is suffered or sustained (including but not limited to that arising from any person's negligence) in connection with taking any prize or using any prize, except any liability that cannot be excluded by law (in which case that liability is limited to the minimum allowable by law). 28.The Promoter reserves the right to verify the validity of entries and reserves the right to disqualify any entrant for tampering with the entry process or for submitting an entry which is not in accordance with these Conditions of Entry, or if the entrant is engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved. 29.The Promoter is not responsible for any problems or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a mobile network, or any combination thereof, or any other technical failures including any damage to entrant's or any other person's mobile handset or computer related to, or resulting from, participation in this promotion or the downloading of any materials related to this promotion. 30.If for any reason this promotion is not capable of running as planned because of infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any other causes beyond the reasonable control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the promotion, subject to any written directions under applicable State or Territory legislation. 31.The Promoter will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion if the deficiency is occasioned by any cause outside the reasonable control of the Promoter. 32.The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid. 33.Caution: any attempt to cause malicious damage or interference with the normal functioning of the Promoter's SMS applications, the Promoter's website or the information on the website, or to otherwise undermine the legitimate operation of this promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these conditions of entry or any other legal obligation by an entrant, the entrant agrees to indemnify the Promoter for those losses, damages and costs. 34.SMS is not a guaranteed delivery communication tool. The Promoter and any service provider cannot accept responsibility for any SMS messages not received by an entrant or the Promoter. 35.Entrants consent to the Promoter using the entrant's name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period of time without remuneration or compensation for the purpose of promoting, publicising or marketing this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter. The winners agree to participate in all reasonable promoted activities in relation to the Promotion as requested by the Promoter and its agents. 36.All entries and any copyright subsisting in the entries become and remain the property of the Promoter. The Promoter collects personal information about entrants to include entrants in the promotion and where appropriate award prizes. If the personal information requested is not provided, the entrant may not participate in the promotion. By participating in the promotion, each entrant also acknowledges that a further primary purpose for collection of entrants' personal information by the Promoter is to enable the Promoter to use the information to assist the Promoter in improving goods and services and to contact entrants in the future with information on special offers or provide entrants with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future. The Promoter may share information with its Australian related companies and promotional partners who may contact entrants with special offers in this way. By entering the promotion, each entrant agrees that the Promoter may use entrants' personal information in this manner. Each entrant also agrees that the Promoter may publish or cause to be published each winner's name and locality in any media as required under the relevant lottery legislation. Entrants can also gain access to, update or correct any personal information by contacting the Promoter by telephone: 1300 886 503; or by visiting www.superquizclub.com.au and selecting the "contact us" tab of the website. All personal information will be stored at the office of the Promoter. A copy of the Promoter's Privacy Policy in relation to the treatment of personal information collected may be obtained by contacting the Promoter or by visiting www.superquizclub.com.au. 37.The Promoter is Global One Mobile Entertainment Pty Ltd, ABN 73 090 119 430, of 100 William Street, East Sydney, NSW, 2011. Authorised under NSW Permit No. LTPS/09/06983 ACT Permit No. 09/02970 |