Terms and Conditions

1. Information on how to enter and prize details form part of these conditions.  Entry into this Promotion is deemed acceptance of these terms and conditions of entry.
   
2. The Promoter is Telstra Corporation Limited ABN 33 051 775 556 of 151 Clarence Street, Sydney  NSW  2000.
   
3. The Promotion will be open from 9.00 am Australian Eastern Standard Time ("AEST")  on 1 May 2009 and will continue until 11.59 pm AEST on 31 May 2009 ("Promotion Period"). 
   
4. Entry is open to all Australian residents aged 18 years and over with a compatible Next G™ or Telstra 3G mobile handset and Telstra phone service, 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. To enter and be eligible to win, Eligible Entrants must, during the Promotion Period:
   
   1. access the BigPond WAP site ("WAP Site") via their compatible Telstra Next G™ or 3G mobile phone service;
      
   2. click on the "Celebrity + Fashion" link;
      
   3. sign up for the SMS Designer Sales alerts; and
      
   4. remain a subscriber to the Missy Confidential Designer Sale alerts from the date of sign-up until the end of the Promotion Period,

("Eligible Participation").

6. Eligible Entrants who complete an Eligible Participation will be automatically entered in to the Promotion ("Eligible Entry").  Only one entry per Eligible Entrant will be accepted.  The Eligible Entrant will be deemed to be the account holder of the mobile phone used in the Eligible Participation.
   
7. Standard browsing charges apply, where applicable, in accessing the WAP Site. Standard subscription and service charges apply to sign up for and receive the Missy Confidential Fashion Sale alerts.
   
8. A manual random draw for the prizes will take place at 9.00 am AEST on 3 June 2009 ("Draw Date") at 151 Clarence Street, Sydney, NSW ("Draw Location").  The draw will be conducted by a representative of the Promoter.
   
9. The Eligible Entrants with the first ten (10) valid Eligible Entries drawn will each win from the Promoter a day spa voucher valued at $100, including GST, for use on www.netbookings.com.au ("Netbookings Site") at a day spa of their choice from the options listed on the Netbookings Site ("Prize").
   
10. The Prize winner will be notified by telephone and in writing on 3 June 2009. The winner's details will be published online at http://bigpond.com/pond/celebrity/winners and on the WAP Site on 5 June 2009.
    
11. In the event that the Prize has not been claimed by 3 September 2009, and the original winner was not from Western Australia, a manual random re-draw for the Prize will take place at 9.00 am AEST on 3 September 2009 ("Re-draw Date") at the Draw Location, subject to any written directions given by State and Territory gaming departments. The re-draw Prize winner will be notified by telephone and in writing on 3 September 2009.  The re-draw winner's details will be published online at http://bigpond.com/pond/celebrity/winners and on the WAP Site on 4 September 2009.
    
12. If the original winner of the Prize is a resident of Western Australia, the Promoter will hold the unclaimed Prize until 3 June 2010 and, in the event it has not been claimed by that date, the Promoter will seek directions from the Western Australia Department of Racing, Gaming and Liquor.

General

13. The total Prize pool value is up to $1,000, including GST.
    
14. The Prize is not exchangeable and is not redeemable for cash. The Prize may only be transferred where the alternative recipient is nominated at the time the Prize winner is notified that they have won a Prize.  All other costs associated with the Prize, including the cost of travel to the spa location and any costs for treatment exceeding the value of the voucher, are the responsibility of the winner. The Prize will be valid until 3 June 2010.  Terms and conditions applicable to use of the prize can be found at the Netbookings Site.
    
15. The Promoter shall not be liable for any Prize that may be lost, stolen, forged, damaged or tampered with in any way before it reaches the winner.
    
16. The Promoter accepts no responsibility for any variation in the value of the Prize.
    
17. 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, subject to any written directions given by State or Territory gaming departments.
    
18. 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 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.
    
19. 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, subject to State and Territory regulations.
    
20. 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.
    
21. Eligible Entrants who cancel their subscription to Missy Confidential Fashion Sale alerts before the end of the Promotion Period, or who are in breach of the BigPond Celebrity + Fashion SMS subscription service terms and conditions before the Draw Date, will be ineligible to win.  These terms and conditions are available at http://www.telstra.com.au/customerterms/docs/infoservices.pdf.
    
22. 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.
    
23. 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. 
    
24. 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 www.telstra.com.au/privacy/privacy_statement.html 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.
    
25. By entering into the Promotion, the entrant agrees and acknowledges that:
    
    1. 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;
       
    2. the Promoter may use such comments or photos (the "Materials") for the Promoter's future promotional and marketing purposes without further reference or compensation to them;
       
    3. the Promoter may duplicate, alter, adapt and utilise the Materials as the Promoter wishes at any time, anywhere, and by any means.  The Promoter may license, authorise or otherwise transfer the rights in the Materials to others to do the same;
       
    4. they acknowledge that, by entering the Promotion, they grant to the Promoter on creation of the Materials  a royalty free, perpetual, exclusive and irrevocable licence to use the Materials for whatever purpose;
       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");
       
    5. they waive all Moral Rights in the Materials that arise outside Australia; and
       
    6. they agree not to institute, maintain or support any claim or proceeding for infringement of their Moral Rights in the Materials.
       
26. 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.
    
27. The Promoter accepts no responsibility for any tax liabilities that may arise from winning the Prize.
    

Authorised by permit numbers:
NSW: LTPS/09/03635
ACT: TP 09/01613