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TERMS AND CONDITIONS

OPTUS SMB WIN A $15,000 BUSINESS PRIZE PACK COMPETITION

1. Information on how to enter and prizes form part of these Terms and Conditions. Entry into the Optus SMB Win a Wireless Working Pack promotion ("Promotion") is deemed to be an acceptance of these Terms and Conditions.
2. Promotion commences 12:01am AEST on Wednesday 01/04/2009 and ends 11:59pm AEST on Sunday 31/05/2009 ("Promotional Period").
3. Entry is only open to owners of Australian small and medium businesses with less than 200 employees (SMB) ("Eligible Entrant"). Employees of the SMB may enter on behalf of the owner however employees are not eligible for the prize and the prize will only be awarded to the owner of the SMB. The SMB must have its own valid current ABN for an owner or employee to be eligible to enter.
4. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
5. To enter, Eligible Entrants must, during the Promotional Period visit www.optus.com.au/totalbusinesscap and follow the link to the promotional entry form, input the requested details including the SMB's correct ABN and in 25 words or less, tell us how you think Total Business Cap will benefit your business and submit the fully completed entry form.
6. Entries are deemed to be received at the time of receipt by the Promoter. Records of the Promoter are final and conclusive as to time of receipt.
7. Incomplete or indecipherable entries will be deemed invalid.
8. All valid entries received during the Promotional Period will be entered into the judging to be held at Friday 12/06/2009 at 3pm AEST at Optus Centre Sydney, 1 Lyonpark Road, Macquarie Park, NSW 2113.
9. There is a limit of ten (10) entries on the promotional website per Eligible Entrant.
10. This is a game of skill and chance plays no part in determining the winner.
11. The first valid entry judged to be the most creative will win:
    • 5 BlackBerry Curve handsets (valued at $589 each, total of $2945); and
    • 24 months access to Total Business Cap $499 voice plan worth $11,976 ("Prize").
    Prize value is equal to the value of the 5 BlackBerry Curve handsets plus the monthly access fee of the Total Business Cap $499 voice plan over 24 months. Usage in excess of each plan's monthly included value will be charged at standard rates for this plan. Customers are also not eligible to receive equipment credit normally available on the Total Business Cap $499 24 month plan. Free access to Black Berry data plans are not part of the prize. If customers would like to access email and internet on their BlackBerry Curve, they must sign up to an Optus BlackBerry bolt-on. The winner must accept the standard terms of the Total Business Cap product available at www.optus.com.au/smbterms. Prizes will be awarded to the owner of the respective winning SMB, regardless of whether an employee submits the entry on the SMB's behalf in accordance with clause 3 above. The winner will be notified in writing by email and phone. Judges' decision is final and no correspondence will be entered into.
12. If the Promoter determines, in its absolute discretion, that the winner is not in the necessary condition to safely participate in the Prize, the Promoter reserves the right to refuse to award to the winner any part of the Prize.
13. Total prize value in the Promotion is up to AU$15,000 (including GST).
14. Prize is subject to the standard terms and conditions of individual prize and service providers.
15. In the event that for any reason whatsoever the winner does not take an element of the Prize at the time stipulated by the Promoter then that element of the Prize will be forfeited by the winner.
16. The Prize, (including any unused portion) cannot be transferred, or exchanged or cannot redeemed for cash. The Promoter retains the right to substitute the Prize with a prize of equal or greater value (including where the Prize is unavailable).
17. The Promoter may conduct such further judging at Optus Centre Sydney, 1 Lyonpark Road, Macquarie Park NSW 2113 on Friday 7th of August 2008 (or such earlier date approved by the gaming authorities) at 3pm AEST, as are necessary for an unclaimed prize. The winners of any unclaimed prize will be notified in writing.
18. The Promoter's decision is final and no correspondence will be entered into, including in the event of a dispute. The Prize must be taken as offered and cannot be varied.
19. In the event that a Prize winner is a person under the age of 18, the Prize will be awarded to the winner's nominated parent or guardian.
20. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including a SMB's ABN and an entrant's identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
21. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
22. Any cost associated with accessing the promotional website is the entrant's responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
23. The Promoter is not responsible for any incorrect or inaccurate information, either caused by promotional 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 entries.
24. If for any reason this Promotion is not capable of running as planned due to any reason, 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 affects 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, and to cancel, terminate, modify or suspend the Promotion.
25. It is a condition of accepting the Prize that the winner may be required to sign a release in a form to be determined in the absolute discretion of the Promoter.
26. The winners agree to participate in any news and media/PR activities surrounding the promotion. The Promoter reserves the right to use each winner’s name, voice, image and likeness for advertising and publicity purposes in any media in perpetuity worldwide without additional compensation.
27. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter's control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize.
28. All claims and entries become the property of the Promoter. The Promoter requires your personal information in order to conduct the Promotion. If you do not provide the mandatory personal information requested then you will not be able to take part in the Promotion. By entering this Promotion, each entrant is taken to consent to the Promoter using the entrant's personal information to administer the Promotion, announce the winners and disclosing the entrant's personal information to organisations that assist the Promoter with administering the Promotion and announcing the winner, and to third parties as required by law (including authorities that regulate this Promotion). The Promoter is bound by the National Privacy Principles in the Privacy Act 1988 (Cth) and by entering the Promotion, the entrant is taken to consent to the Promoter's privacy policy. See www.optus.com.au to view the Promoter's privacy policy in full. An entrant may access and correct any personal information held by the Promoter, upon request to the Promoter.
29. Entries will not be returned to any entrant.
30. The Promoter is Optus Administration Pty Ltd (A.B.N. 79 055 136 804) of 1 Lyonpark Road, Macquarie Park NSW 2113, Telephone: 02 8082 7800.