Optus ‘yes’ Tickets – Win Back Your Ticket Value promotion

DEFINITIONS
For the purposes of these Terms and Conditions:
“Business Day” means Monday to Friday, 9am – 7pm AUSTRALIAN EASTERN TIME excluding public holidays.
"Eligible Entrant" means a person who:
a) is a natural persons and does not include companies or other corporate entities;
b) is over the age of 18 years;
c) is a resident of New South Wales, Western Australia, Queensland, Tasmania or Victoria.
d) a valid Optus ‘yes’ Tickets member

"Prize Winner" means the winner of a prize consisting of the value of their ticket(s) purchased up to $1,000.

“Personal Information” means the email address, name and mailing address of a person.

"Promoter" is Pinpoint Pty Ltd ABN 49 002 693 656, 100-104 Reynolds Street, Balmain, NSW 2041.

"Promotion" means the Optus ‘yes’ Tickets – Win Back Your Ticket Value promotion and includes the Draw.

"Winner" means the recipient of a Prize.

“Prize” means the value of their ticket(s) purchased up to $1,000 in the form of a voucher.

THE PROMOTION
1) The Promotion will commence at midnight AUSTRALIAN EASTERN TIME on Monday 17 May and eligibility for entry will close at 11:59pm AUSTRALIAN EASTERN TIME on Wednesday 30 June 2010 (“Promotional Period”).
2) The total value of all the Prizes, as at the date of publication of these terms and conditions (May 2010) is up to AUD $1,000.
3) To enter this competition Eligible Entrants must, during the Promotional Period buy any concert, theatre or sporting ticket from 'Yes' Tickets to go into the draw to win the value of their ticket(s) back. This excludes any movie ticket purchase.
4) The employees of the Promoter and its Related Bodies Corporate and their immediate families are not eligible to enter the Promotion or win Prizes.
5) The Winner will be selected randomly via an electronic Draw at midday AUSTRALIAN EASTERN TIME on Monday 16 August 2010 at 100-104 Reynolds Street, NSW 2041.
6) The name and suburb of the Winner will be published in the public notices of The Australian on Friday 20 August 2010.
7) The Promoter and Optus Pty Ltd assume no responsibility for any costs incurred travelling to and from the event or any additional costs incurred attending the event.

GENERAL
8) The Winner will be contacted by email, phone, fax or mail within two Business Days of the date of the Draw:

a) to confirm that the Winner is eligible to win under these Terms and Conditions; and

b) to confirm that the Winner wishes to claim the relevant Prize.

9) Entering this competition constitutes consent from the Winner for Optus ‘yes’ Tickets (Managed by Pinpoint Pty Ltd) to provide his or her Personal Information to be published in The Australian (Friday 20 August).

10) The Winner must, within 5 days of the Draw, claim his or her Prize.

11) If a Winner fails to comply with Clause 10, he or she will be deemed to have forfeited the Prize and a winner will be selected from a Backup List.

12) If the Winner wishes to forfeit the prize, a winner will be selected from a Backup List.

13) The judges’ decision is final and no correspondence will be entered into.

14) If the Prize Winner is unwilling or ineligible to win the Prize or is deemed to have forfeited their Prize pursuant to Clause 10, an unclaimed prize redraw will take place on Monday 30 August 2010 at midday at Reynolds Street, Balmain NSW 2041.

15) The first valid entry drawn will then be the winner of the unclaimed Prize.

16) The Prize cannot be redeemed for cash, cannot be exchanged or altered and cannot be sold.

17) The Promoter warrants that the Prize details are correct at the time of publication (May 2010) of these Terms and Conditions.

18) The Promoter will not be responsible for delayed, lost or misdirected mail or other communication.

19) To the extent permissible by law, the Winner releases the Promoter and its agents (as defined in the Corporations Act) from any causes of action, loss, liability, damage, expense (including any claim for legal expenses), cost or charge sustained or incurred by a Winner as a result of:

a) Any loss or damage to physical property of a Winner;
b) Any injury to, or death of a Winner or any other person, arising out of, related to or in any way connected with the Promotion or the Prize;
c) Any failure or delay by the Promoter or its agents which is due to an act of God, riots, acts of terrorism, storms, fire, any labour or industrial dispute, any strike, and other acts which are not reasonably within the control of the Promoter and/or its agents; and
d) Cancellation of the production by the event promoter/producer.

20) To the extent permissible by law, all entrants release the Promoter from any causes of action, loss, liability, damage, expense (including any claim for legal expenses), cost or charge sustained or incurred by the entrant as a result of any failure by computer hardware or software to function correctly in relation to any calculations and functions in the electronic drawing of a Winner.

21) The Promoter cannot advise on tax issues. The Promoter recommends that all participants seek independent tax advice and legal advice on any tax implications, which could arise if they win the prize. In the event that the prize is subject to tax, the Promoters will not be liable for any tax payable by the Winner.

22) The Promoter reserves the right to vary the rules of any competition or any prizes offered or to cancel any competition if it is no longer able to run the competition due to reasons beyond its control, subject to state legislation. The Promoter will not be liable for any losses to any party arising from any variation or cancellation.

PRIVACY NOTICE
23) During the course of the Promotion, the Promoter will collect Personal Information from entrants.

24) The Personal Information will be collected by the Promoter when the member joins the online club or purchases entertainment tickets or gift vouchers.

PERMIT NUMBERS:
Authorised under NSW Permit Number LTPS/10/04112