Yahoo!7 Pirates of the Caribbean Promotion - Terms and Conditions

The Yahoo!7 Pirates of the Caribbean Promotion is conducted by Yahoo!7 Pty Ltd (ABN 60 089 187 100) of Pier 8/9 Hickson Road, Millers Point, New South Wales 2000 (Yahoo!),

1. STANDARD TERMS

1.1 Information on how to enter forms part of the terms of entry.

2. WHO CAN ENTER?

2.1 Subject to clause 2.2, entry is open to all residents of Australia where the Channel Seven broadcasting signal is received.

2.2 Entry is only open to Australian residents who submit their contact details.

2.3 Employees and their immediate families of Yahoo!7, m.Net Corporation Ltd, Buena Vista International and their associated agencies and companies associated with this promotion are not eligible to enter.

3. HOW TO ENTER

3.1 The competition commences on Sunday 13th May 2007 at 17:00 AEST and concludes on Wednesday 20th June 2007 at 17:00 AEST. (“the Competition Period”).

3.2 In order to enter, entrants must:
a) Send a text/SMS to 19 777 477 with their full name & address OR:
b) Entrants must go to http://www.yahoo7.com.au/pirates and fill in their details in the online form.

3.3 All entrants entering via the web must leave details including their first name, last name, postcode and email address. Non compulsory details include: street address, home phone number, mobile number). SMS entrants must leave their full name & postcode.

3.4 All valid entries will be entered into the random draw, however only one entry per person per day will be accepted from online entrants. No scripting is allowed for online entries (which will be deemed invalid).

3.5 Each SMS entry will be charged at premium rate, namely $0.55 (including GST), which covers the entry and the reply message. SMS entrants will receive a reply message to their entry.

3.6 Entries must be received by 17:00 AEST on Wednesday 20th June 2007. The time of entry will be the time at which the completed online entry form is received by the competition’s online database. Online entrants will be presented with a confirmation page once the completed email entry is submitted by the entrant.

4. PRIZES

4.1 There will be one major winner who will win the following prize package.

4.2 Total Maximum Prize Value: up to $50,000.00 (the “Prize Pool”). Prize values are based upon the recommended retail prices as at Monday 16 April 2007 (inclusive of GST) promoter accepts no responsibility for any change in prize value between now and the ultimate travel date.

4.3 The prize includes registration, on road costs; and dealer delivery. Prize is not redeemable for cash. Insurance, additional options and all ancillary costs are the responsibility of the prize winner. If the major prize winner is under the age of 18 as at the date of the draw, or does not hold a current Australian driver’s licence, the major prize will be transferred into the name of an adult or guardian nominated by the winner.

4.4 Prizes are not transferable and cannot be redeemed for cash or other goods or services and cannot be taken in parts.

4.5 In participating in the major prize, the winner and travelling companion agree to participate in and co-operate with all reasonable media editorial requests, including but not limited to, being interviewed and photographed, and the winner (and their companion) grant the promoter a perpetual exclusive licence to use such footage and photographs in all media worldwide and the winner (and their companion) will not be entitled to any fee for such use.

4.6 It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and prize supplier’s requirements.

4.7 The winners agree they will not [and will ensure that their companion does not] sell or otherwise provide their story and/or photographs to any media or other organisation.

4.8 Full details of prizes can be obtained by telephoning the Yahoo!7 switchboard on on 02 8288 4600.

5. HOW TO WIN

5.1 One (1) winner will be drawn from the national pool of entrants received. Each entrant who has entered the competition over the duration of the Competition Period in accordance with clause 3.1 (“Qualifying Entrant”) will be entered into the draw. Draw will take place at m.Net Corporation, Level 2, 8 Leigh St, Adelaide SA, 5000 and will be conducted on Thursday 21st June 2007 at 9.30am.

5.2 The prize winner will be notified by telephone call within 2 days of the draw and a letter advising the winner of their prize will also be posted. The winner will be published in the Public Notices section of The Australian newspaper on Monday 2nd July 2007, and on the website at http://www.yahoo7.com.au/pirates .

5.3 An unclaimed prize draw will take place at m.Net Corporation, Level 2, 8 Leigh St, Adelaide SA, 5000 on Thursday 27th September 2007 at 09.30am AEST and winners will be published in the Public Notices section of The Australian newspaper on Monday 8th October 2007, subject to any written direction given under Reg 37 of the Lotteries and Gaming Act 1993.

5.4 An entry submitted to the ‘Yahoo!7 Pirates of the Caribbean Promotion may be declared invalid and cancelled by Yahoo!7 if there is a technical malfunction of the ‘Yahoo!7 Pirates of the Caribbean Promotion or other related websites, including:

• 5.4.1 incorrect allocation of Prizes or other damage caused during the “yahoo!7 Pirates of the Caribbean Promotion, including but not limited to human error, operational errors, technical malfunction of any software, computer network, telephone network or other equipment’;
• 5.4.2 if there is tampering with the ‘Yahoo!7 Pirates of the Caribbean Promotion website or
• 5.4.3 any condition beyond the control of the Promoter interferes with the ‘Yahoo!7 Pirates of the Caribbean Promotion.

6. NO LIABILITY

6.1 Yahoo!7 and affiliates and their associated agencies and companies will take no responsibility for prizes damaged or lost in transit, or late, lost or misdirected mail.

6.2 Any attempt made to deliberately damage any website or undermine the legitimate operation of the ‘Yahoo!7 Pirates of the Caribbean Promotion is a violation of criminal and civil laws and should such an attempt be made, the Promoter reserves the right to seek damages or other remedies from any such contestant responsible for the attempt to the fullest extent permitted by law.

6.3 By entering the ‘Yahoo!7 Pirates of the Caribbean Promotion you expressly understand and agree that:
a. Your participation in the ‘Yahoo!7 Pirates of the Caribbean Promotion: http://www.yahoo7.com.au/pirates is at your sole risk
b. The ‘Yahoo!7 Pirates of the Caribbean Promotion website is provided on an “as is” and “as available” basis.

6.4 Subject to any restrictions in law, the liability of Yahoo!7 and the Promoter however arising, whether by breach of any condition or warranty implied by statute or of this agreement or of any duty of tort (including negligence) is limited to the total value of the Prizes.

6.5 Yahoo!7 will not be liable for any indirect, incidental, consequential or exemplary damages, including but not limited to, any damages resulting from your use or the inability to use the ‘Yahoo!7 Pirates of the Caribbean Promotion website.

6.6 All entries become the property of Yahoo!7 and your name may be included on a database. You consent to Yahoo!7 including your name for future mail, email, SMS or other campaigns.

6.7 The Promoter is not responsible for any incorrect or inaccurate information, either caused by website users or by any of the equipment or programming associated with or utilised in this promotion, or by any technical error that may occur in the course of the administration of this promotion. The Promoter assumes no responsibility 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 claims.

6.8 If for any reason this promotion is not capable of running as planned (including but not limited to) infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupts or affect the administration security, fairness, 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, to cancel, terminate, modify or suspend the promotion.

6.10 The winner is responsible for obtaining their own independent legal advice as tax implications may arise.

7. PROMOTER’S DETAILS

7.1 The promoter is Yahoo!7 Pty Ltd (ABN 60 089 187 100) of Pier 8/9 Hickson Road, Millers Point, NSW 2000 (Yahoo!).

7.2 Entry details remain the property of the Promoter. m.Net Corporation, on behalf of Yahoo!7 Pty Ltd (ABN 60 089 187 100) and its related entities (“Seven”), is collecting the entrants’ personal information for the purpose of conducting and promoting this competition (including but not limited to determining and notifying winners), and, if you consent, for the purpose of Yahoo! sending you promotional and direct marketing material in relation to products and services available through Yahoo! and its business partners. The entrant may request access to his or her personal information by writing to Privacy Officer, Yahoo!7/ Pirates of the Caribbean Promotion, m.Net Corporation, Level 2, 8 Leigh Street, Adelaide SA 5000

7.3 Authorised under NSW permit no: LTPS/07/20088, SA permit no: T 07/1806, ACT permit no: TP 07/01734 & VIC permit no: 07/1650.