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Information on eligibility, how to claim and entitlements form part of these Terms and Conditions. Any claims submitted for this offer deems acceptance of these Terms and Conditions.
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Offer commences at 12:00am (AEDST) on Thursday 31 January 2008 and closes at 11.59pm (AEDST) on Friday 22 February 2008 (“Offer Period”) and all orders must be made by this time and date.
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Customers participating in this promotion must have the bill payers permission before participating and employees and their immediate families of: (i) the Promoter; and (ii) any agencies associated with this promotion are ineligible.
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To purchase an autographed copy of Operator Please’s new CD single “Leave It Alone” (the "CD Single") at the cost of AU$5.00 including GST (and also receive a bonus band sticker set), during the Offer Period, Eligible Claimants must send an SMS with their name, address and postcode to 1999 2111 ("SMS Offer").
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The SMS Offer is only open to Australian residents with SMS compatible mobile phones that permit text messaging to the promotional SMS number (“Eligible Claimants”). Offer not available on all mobile carriers. It is recommended that consumers check with their individual service provider regarding compatibility with promotional SMS number. The AU$5.00 cost to purchase the CD Single will appear on the Eligible Claimant’s next phone bill for the mobile phone used to send the claim. If a pre-paid phone is used, Eligible Claimant’s must ensure that they have enough credit to cover the AU$5.00 cost. All valid claims received will receive a reply SMS confirming receipt of their claim. Eligible Claimants may enter as many times as they choose.
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In addition to receiving the CD single and band sticker set, Eligible Claimants participating in the SMS Offer will also have the opportunity to connect through a WAP link to a WAP site that will allow the Eligible Claimant to download one ring tone to their mobile phone.
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The Eligible Claimant will not be charged for the WAP message sent to their phone or for the ring tone, however the Eligible Claimant will incur data charges at the standard rate for their mobile phone plan to view the SMS Offer WAP site and to download the content offered on the WAP site.
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Content offered for download as part of the SMS Offer is subject to EMI’s standard terms of use as displayed on the SMS Offer WAP site.
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In order to download the ring tone, the Eligible Claimant’s mobile phone handset must be compatible with the content and their phone must be enabled to access the internet.
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The Promoter accepts no responsibility for any claims arising from the Eligible Claimant’s ability to acquire or use the content associated with the SMS Offer.
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The CD Single and band sticker set will be sent to the postal address specified on the Eligible Claimant’s text message.
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Eligible Claimants should allow 21 days for the delivery of the CD Single and band sticker set. The Promoter accepts no responsibility for any CD Singles and/or band sticker sets that are lost in transit, or subsequently stolen or misappropriated from the nominated delivery address. The Promoter accepts no responsibility for any incorrect postal address provided by an Eligible Claimant.
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The Promoter reserves the right to verify the validity of claims and reserves the right to disqualify any claimant for submitting a claim that is not in accordance with these Terms and Conditions. No responsibility accepted by the Promoter for late, lost or misdirected claims.
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The CD Singles and other material the subject of this promotion are not transferable or exchangeable and may not be taken as cash. The Promoter does not accept any variation in the value of the CD Single or other material the subject of this promotion.
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All statutory or implied conditions or warranties are excluded to the fullest extent permitted by law. To the extent permitted by law, the Promoter’s liability for any breach of any warranty implied by law which cannot legally be excluded is limited to:
(a) the replacement or repair of the goods or the supply of equivalent goods;
(b) the payment of the cost of replacing or repairing the goods or of acquiring equivalent goods.
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To the extent permitted by law, the Promoter has no liability for any consequential or indirect damages, loss or loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss howsoever caused, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, suffered or incurred by the Eligible Claimant and whether or not the Promoter knows of the possibility of such damage.
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SMS messages sent via the internet are not valid and will not be accepted. All claims are deemed to be received at the time of receipt into the database NOT time of transmission by the Eligible Claimant.
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The Promoter’s decision is final and no correspondence will be entered into.
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The Promoter is not responsible for any incorrect or inaccurate information, either caused by the mobile phone user or for any of the equipment or programming associated with or utilized in this offer, or for any technical error, or any combination thereof that may occur in the course of the administration of this offer including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorized access to or alteration of entries.
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If for any reason this offer is not capable of running as planned (including but not limited to) infection by computer virus, bugs, tampering, unauthorized 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 offer, 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 offer.
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The Promoter collects your personal information so that you can participate in this Offer. If you do not provide the personal information, you cannot participate. The Promoter may use this information to conduct this offer. It may disclose this information to third parties who provide it with administrative services in this regard. You also consent to the Promoter using and disclosing your personal information in accordance with the Promoter’s privacy policy http://www.musichead.com.au/site/corpPrivacy.asp. Any personal information of Eligible Claimants will be stored at the office of the Promoter. You may gain access, update or correct your information by contacting the Promoter at http://www.musichead.com.au/site/corpPrivacy.asp or at the address below.
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The Promoter is EMI Music Australia Pty Limited (ABN 24 000 070 235) of 98-100 Glover Street, Cremorne NSW 2090