"YouPlay’s 1st Birthday” Promotion 2008

TERMS AND CONDITIONS

1. Information on how to enter and win prizes forms part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is open to YouPlay Members (registered non-subscribers) and Premium Members (registered subscribers) aged 18 years or over (“Eligible Members”). Entry is not open to Guests (non-registered players).
3. 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.
4. To enter a draw, Eligible Members must:
(a) login to the youplay.com website;
(b) play and successfully complete all eight competition games as they are unlocked (including correctly answering questions and/or or completing the first round/level of a game, as instructed on the website); and
(c) upon completion of the eight games, successfully submit the provided competition entry form which requires a “25 words or less” component to be completed;
during the Promotional Period.
5. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including 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 (including but not limited to tampering by way of use of techniques designed to avoid the payment of membership costs). Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
6. The Promotion is a game of skill. Incomplete, indecipherable or illegible entries will be deemed invalid.
7. Eligible Members may receive ONE (1) unique entry into a Competition Pool each time the set of eight games are successfully completed along with the submission of the corresponding entry form. Two separate prizes will be drawn from two separate Competition Pools: (1) Premium Membership Pool and (2) Non-Subscriber Pool. Membership status at the time of final entry submission will determine which Pool each unique entry is placed.
9. The Promotion commences at 3.00 pm on 3rd September 2008 and ends 12.00 pm on 29th October 2008 (“Promotional Period”). All times are AEST or AEDST, whichever is applicable in NSW.
10. All draws will be conducted at 12.00 pm on Wednesday 5th November at YouPlay Pty. Ltd., Level 3 Gateway Centre, 237 Mann Street Gosford NSW 2250. Entries in each draw will NOT be entered into any subsequent draws.
12. Winners will be notified by email and will also have their names published on the Website on 5th November 2008.
13. The Promoter’s decision is final and no correspondence will be entered into.
14. All prize values are in AUD. Prizes are not transferable or exchangeable.
15. Total prize pool value is $1250.00, divided between a $1000.00 prize in the Premium Membership Pool and $250.00 in the registered Non-Subscriber Pool.
16. A draw for any unclaimed prizes may take place on Wednesday 28th January 2009 at 10:00, subject to any directions from a regulatory authority.
17. Entrants consent to the Promoter using the entrant's name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
18. 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) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
19. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
20. 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.
21. 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 tax liability incurred by a winner or entrant; or (e) use of any prize.
22. The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including, but not limited to, prize suppliers and as required, to Australian regulatory authorities. Entry is conditional on providing this information. The Promoter may, for an indefinite period unless otherwise advised, use the information for promotional, marketing and publicity purposes including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update or correct information to the Promoter. All entries become the property of the Promoter.
23. The Promoter is YouPlay Pty Ltd (ABN 95 123 248 582) of Level 3, 237 Mann Street Gosford, NSW 2250.