1. This competition (the “Promotion”) is conducted by the Australian Subscription Television and Radio Association (“ASTRA”) ABN: 18 851 051 883 of 55 Pyrmont Bridge Road, Pyrmont, NSW, 2009 (the “Promoter”).
2. The Promotion is a game of chance, and skill plays no part in determining the winners.
3. Entry to the Promotion is deemed acceptance of these Terms and Conditions. By entering the Promotion, entrants accept and acknowledge full responsibility for their decision to participate in the Promotion and to take the prize if they are a winner.
4. All entry instructions and prize information published by the Promoter form part of these Terms and Conditions.
5. The Promotion is only open to eligible entrants (the “Entrants”), being individuals who are:
a) permanent residents of Australia; and
b) over the age of 18, or if under 18 years of age have their parent’s or guardian’s permission before entering the Promotion;
and are not:
c) employees of the Promoter, FOXTEL, AUSTAR, Optus TV featuring FOXTEL or FOXTEL from Telstra or an employee of these companies’ related corporations or agencies or any other company associated with the Promoter and the Promotion; or
d) a spouse, de facto spouse, parent, child or sibling (whether natural or by adoption) of such an employee.
6. Entry to the Promotion commences at 14:00hrs on Monday 24 May 2010 and closes at 23:59hrs on Friday 18 June 2010 (the “Promotion Period”). All times and dates are times and dates in Sydney, which may be AEST or AEDT depending on the date. All times are stated using the 24 hour clock. 00:00hrs is the start of a day and 24:00hrs is the end of a day.
7. To enter the Promotion, during the Promotion Period, an Entrant must vote for their favourite programme and favourite personality (together the “Awards Categories”) in the ASTRA Awards 2010 and enter via one of the following entry methods:
Television:
Entrants may use the interactive ASTRA Awards voting application (the “Voting Application”) located on Channel 333 of their digital platform.
a) If an Entrant’s set top box has a return path (“Return Path”) which permits information to be sent from the Entrant to the operator, then the Entrant may submit their name, contact number and register their votes for both Awards Categories in order to gain a valid entry into the Promotion.
b) If an Entrant’s set top box does not have a Return Path or if voting information is not able to be received from the Return Path the Voting Application will generate an alphanumeric voting code (the “Code”) specific to the Entrant’s voting preference. The Code must then be sent via SMS to 1999 8877 in order to gain a valid entry into the Promotion.
OR
Online:
Entrants may log on to www.astraawards.com and register their vote for both Awards Categories. Details to be entered include but are not limited to name, address, phone number and e-mail address.
8. An Entrant’s entry must not be, without limitation:
a) late;
b) delayed;
c) incomplete;
d) incomprehensible;
e) unlawful;
f) obscene;
g) defamatory;
h) libellous;
i) threatening;
j) pornographic;
k) harassing;
l) hateful;
m) racially or ethnically offensive;
n) capable of encouraging conduct that would be considered a criminal offence;
o) capable of violating any law; and/or
p) capable of giving rise to civil liability.
9. Any costs associated with accessing the Website are the responsibility of the person seeking access and are dependent on the internet service provider used.
10. The cost of entering the Promotion via the Return Path on an Entrant’s television will be the cost of a local call.
11. The cost of entering the Promotion via SMS entry will not exceed $0.55 cents per entry, including GST.
12. To gain valid entry to the Promotion via SMS message, SMS messages must be sent from a mobile phone handset that can be identified by an MSISDN (unique mobile SIM number). SMS entry is only open to consumers with a SMS compatible mobile phone connected to a service provider which permits text messaging to the promotional SMS number. Entrants should check with their individual service provider in this regard.
13. SMS entries via the internet or computer generation are invalid and will not be accepted.
14. A valid vote will be determined through the provision of a legitimate subscription (for interactive voting) and legitimate mobile phone number (for SMS voting) and a legitimate email address (for Website voting).
15. Each vote will entitle the Entrant to one entry into the prize draw. Participation is limited to one vote per legitimate mobile phone number or legitimate email address and five votes per set top box permitting information to be sent from the Entrant to the operator via a Return Path.
16. Entrants must ensure that their entries are received by the Promoter during the Promotion Period. All entries are deemed to be received at the time of receipt by the Promoter not time of transmission by the Entrant. The Promoter takes no responsibility for late, lost or misdirected entries or for any delays or failures in any telecommunications or interactive service or equipment including SMS messages not received by the Promoter or for any delays in the delivery of any SMS message due to technical disruptions, network congestion or for any other reason.
17. Should an Entrant’s contact details change at any time between the date that they enter the Promotion and 21 September 2010, the Entrant must notify the Promoter of their new details immediately.
18. All entries to the Promotion may be subject to verification by the Promoter. An Entrant must, within 7 days of being asked, at the Promoter’s cost:
a) hand over to the Promoter any receipt (if applicable) issued at the point of entering; and
b) allow the Promoter to inspect and copy any other documents the Promoter may request establishing eligibility to enter or win, including but not limited to evidence of age, residence and/or identity.
19. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof that winner will forfeit their prize in whole and no substitute will be offered, subject to State Regulation.
20. Any entry that is made on behalf of an Entrant by a third party, or otherwise by proxy, will be invalid.
21. The Promoter may, at its absolute discretion, declare any or all entries made by an Entrant to be invalid if the Entrant:
a) fails to establish their entitlement to enter the Promotion to the Promoter’s satisfaction; or
b) fails to produce items as required by Condition 18 or produces items that are illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way; or
c) appears, to the Promoter, to have tampered with, or benefited from tampering with, the entry process; or
d) has submitted an entry that is not in accordance with these Terms and Conditions.
22. There will be 4 winners (the “Winners”) of this Promotion drawn from all entries received during the Promotion Period.
23. The Winners will be drawn electronically at 15:00hrs on Monday 21 June 2010 by Beinteractive Pty Ltd, Level 9, 155 George Street, Sydney NSW 2000 (the “Draw Date”).
24. The Promoter’s decision is final and no correspondence will be entered into.
25. The Winners will be notified by telephone and in writing within 2 days of Draw Date. The Winners’ names will be published in the public notices section of the Australian newspaper on Friday 25 June 2010.
26. Subject, where relevant, to any directions given under the legislation regulating the Promotion, if any Prize is:
(i) not claimed by a Winner within 3 months of the Draw Date; or (ii) forfeited for any reason, the Prize will be awarded to another Entrant in an unclaimed prize draw (the “Unclaimed Prize Draw”) commencing at 10:00hrs on Tuesday 21 September 2010 by Beinteractive Pty Ltd, Level 9, 155 George Street, Sydney NSW 2000. The winner/s of the Unclaimed Prize Draw (also “Winner/s”) will be notified in writing and by telephone within 2 days of the Unclaimed Prize Draw. The Winner/s’ names will be published in The Australian on Friday 24 September 2010.
Each winner will receive an HTC Desire mobile phone handset (the “Prize”), valued at a maximum of $779.00.
The Total Prize Pool for this Promotion is valued at a maximum of $3,116.00
27. Telstra Bigpond and Mobile FOXTEL features are only available on the Telstra network.
28. If a Winner is under the age of 18 years, the prize will be awarded to their parent or guardian.
29. All Prize values and components of Prize values are correct as at 21 April 2010. Prize values are reflective of the Recommended Retail Price and are in Australian Dollars. The Promoter takes no responsibility for any variations in Prize values.
30. Only one Prize will be awarded per person (excluding SA residents).
31. If a Prize (or part of a Prize) is unavailable for any reason, the Promoter will, in its absolute discretion, substitute alternative goods or services of no lesser value and/or specification, subject to the approval of the authorities that have issued permits for the conduct of the Promotion (the “Substitute Prize”). The Promoter accepts no other liability or responsibility for any loss incurred by a Winner or any other party if any Prize (or part of a Prize) is unavailable for any reason.
32. Right to receive Prizes is not transferable or exchangeable and, except as expressly permitted by these Terms and Conditions, Prizes cannot be taken as a monetary payment.
33. The Winners are advised that tax implications may arise from them winning a Prize and they should seek independent financial advice prior to the acceptance of the Prize.
34. Once the Prize has left the Promoter’s/Supplier’s premises, the Promoter and its agencies and companies associated with the Promotion will not be responsible for any delay in delivery, or damage caused to the Prizes.
35. The Promoter reserves the right to take any action necessary in its sole discretion at any time, subject to any direction given under State permit regulations.
36. To the full extent permitted by the law, the Promoter and its agencies and companies associated with the Promotion (the “Relevant Parties”) will not be liable for any loss, damage, claim, cost, expense or personal injury which is suffered or sustained (including, but not limited to, that caused by any person’s negligence) by any Entrant in connection with the Promotion or the Prizes, including: (i) any indirect, economic or consequential loss or loss of profits; (ii) any loss arising from the negligence of a Relevant Party; and (iii) any liability for personal injury or death.
37. If, for any reason, the Promotion is not capable of running as planned, including, without limitation, 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 the Promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, including to cancel, terminate, modify or suspend the Promotion subject to any direction given under the relevant State/Territory permit regulations.
38. The Winners acknowledge that the Prize may be subject to additional terms and conditions imposed by third parties. The Winners must become acquainted with any such additional terms and conditions prior to taking the Prize. The Promoter does not accept any responsibility and is not liable for any additional conditions imposed on the taking of the Prize, nor for the breach of those conditions by any person.
39. Except for any liability which cannot be excluded by law, the Promoter:
a) is not responsible for any problems or technical malfunction with any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or any technical problems or traffic congestion on any computer system or at any website, or any combination thereof, including (but not limited to) any injury or damage to participants or any other person’s property related to or resulting from participation in the Promotion;
b) is not responsible for any incorrect or inaccurate information, either caused by users or by any of the equipment or programming associated with or utilised in connection with the Promotion, or by any technical error that may occur in the course of the Promotion; and
c) is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, entries or Entrants’ details.
40. Any attempt to cause damage to any website or the information on any website associated with this Promotion or to otherwise undermine the fair and legitimate operation of this Promotion may be a violation of criminal and civil laws. The Promoter reserves the right to seek damages in the fullest extent permitted by law in the event that any such attempt is made, whether or not that attempt results in any such damage, interference or undermining.
41. These Terms and Conditions are governed by the laws of each relevant State Regulation.
42. These rules are Terms and Conditions and constitute the entire terms and conditions between the Entrant and the Promoter with respect to the Promotion and cannot be altered, modified or amended.
43. All entries become the property of the Promoter.
44. Authorised under Permit Numbers: NSW: LTPS/10/03870, ACT: TP 10/01807.
45. The Promoter collects personal information about you to enable you to participate in this promotion and for communicating information about the ASTRA Awards and its sponsors but no further use of this information will be made without prior permission from the Entrant. To facilitate your participation, the Promoter may disclose your personal information to other companies associated with this Promotion. If you do not provide your personal information, the Promoter will not be able to enter you into this Promotion.
