Terms and Conditions of Entry for the HTC Desire Social Review Program Competition

1. Information on how to submit your application to be considered for the Social Review of the HTC Desire handset and your ability to keep the HTC Desire handset after the Social Review period form part of these conditions.  Entry of your application to be a Social Reviewer is deemed acceptance of these terms and conditions of entry.

2. The Promoter is Telstra Corporation Limited ABN 33 051 775 556 of 11/400 George Street, Sydney, NSW 2000 (“Promoter“).

3. The Promotion will be open from 12:00 pm Australian Eastern Standard Time (“AEST”) on 3 May 2010 and will continue until 5:00 pm AEST on 10 May 2010 (“Promotion Period“).

4. Entry is open to all Australian residents, 18 years and over, 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. We will not use your personal information submitted in the application for any purpose other than contacting you for the purposes of the Promotion.

6. To enter and be eligible to win, Eligible Entrants must, during the Promotion Period:

(a) go to the Telstra Exchange website at http://exchange.telstra.com.au/ (“Website”);

(b) click on Do You Desire? – HTC Desire Social Review program blog;

(c) submit an application on the HTC Desire Social Review as provided on the blog;

(d) add required entry details that includes, but is not limited to, name, phone number and preferred contact email address; and

(e) answer all the mandatory questions on the application to be considered an eligible entrant.

7.  The entry must be:

(a) the original, independent creation of the entrant; and

(b) free from any claims, including copyright or trademark claims by other parties.

8. Eligible Entrants who submit an Eligible Entry will be automatically entered into the Promotion. Only one Eligible Entry per Eligible Entrant will be accepted.

9. Judging of all Eligible Entries will take place from 10 May 2010 to 13 May 2010 (“Judging Date“) at 11/400 George Street, Sydney, NSW 2000 (“Judging Location”). The judging will be conducted by a representative of the Promoter (“Judge”).

10. The Eligible Entrants (maximum of 25) deemed by the Judge, in the Judge’s sole and absolute discretion, to have the most relevant Eligible Entry  will become a HTC Desire Social Reviewer and will receive a HTC Desire handset (RRP is $779.00 plus a $100.00 pre-paid Telstra SIM) (“Prize”)

11. In determining the most creative entries the Judge may look the Eligible Entrant’s social media footprint, their writing style across their social media platforms including their application form and the frequency with which they use their social media platforms.

12. This is a game of skill. There is no element of chance in the judging of the competition or determination of the winners.

13. The judges’ decision (including any decisions as to prize distribution) is final and the Promoter will not enter into correspondence regarding the result.

14. The Prize winners will be notified by telephone and in writing on 13 May 2010.  The winners’ details will be published on the website www.exchange.telstra.com.au on 14 May 2010.  

15. Any prizes which have not been claimed by 5:00 pm AEDST on 18 May 2010 will be forfeited and distributed at the Promoter’s absolute discretion.

16. All Prize winners will be required to sign a specific consent form prior to receiving the HTC Desire handset.

17. The total Prize pool value is $21,975.00 being 25 HTC Desire handsets plus $100.00 pre-paid Telstra SIM. (including GST).

18. The Prize is not exchangeable and is not redeemable for cash.

19. The Promoter accepts no responsibility for any variation in the value of the Prize.

20. If the Promoter is unable to provide a winner with the nominated Prize, the Promoter reserves the right to supply an alternative prize of similar monetary value to the nominated Prize.

21. 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 unsuitable, 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.

22. 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 including cancelling or postponing the Promotion.

23. 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.

24. The Promoter reserves the right to disqualify entries in the event of non-compliance with these terms and conditions of entry. 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.

25. 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.

26. 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) set out in the Promoter’s Privacy Statement available at http://www.telstra.com.au/privacy/privacy-statement/ or by calling 1800 039 059, as if they were a customer of the Promoter. 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.

27. 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 (“the Materials”);

(b) 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“);

(c) they waive all Moral Rights in the Materials that arise outside Australia; and

(d) they agree not to institute, maintain or support any claim or proceeding for infringement of their Moral Rights in the Materials.

28. To the extent permitted by law, the Promoter shall not be liable for any loss, damage or damage whatsoever (including but not limited to direct or indirect loss) or personal injury suffered or sustained in connection with this Promotion.

29. The Promoter accepts no responsibility for any tax liabilities that may arise from winning a prize.