VOTING TERMS AND CONDITIONS
Musicoz Voting is the process of registering a vote for a contestant (in this instance, to nominate which band you want to win the People’s Choice Public Vote Musicoz award for 2007) in relation to the 2007 Musicoz Awards. Eligible votes are to be registered via SMS to 19708000 only, as advertised via various media.
Use of, and/or access to the SMS service constitutes the voter’s agreement to the Voting Terms and Conditions. Musicoz management reserve the right to amend the Voting Terms and Conditions at any time. The Voting Terms and Conditions are available on the Musicoz website (www.musicoz.org)
General Terms and Conditions
1. Musicoz Awards SMS Voting is open to all mobile subscribers (users) who are connected to the Telstra, Vodafone, Optus, Virgin, Orange and 3 mobile digital networks with SMS compatible mobile phones in Australia only. Pre-paid mobile subscribers will need to ensure that they i) have sufficient credit prior to voting and ii) that the mobile plan of their choice provides access to Premium SMS services on the ?19X’ telephone prefix. Post paid subscribers will need to ensure that they have access to Premium 19X services.
2. Unless otherwise stated, all timing references are based on Australian Eastern Standard Time.
3. To cast an SMS vote using the Musicoz Awards Voting Service, voters must send an SMS text message from their mobile phone handset, containing the correct artist/band code name and a brief reason why you think the artist/band should win .You can only vote for the registered artist/bands in the 2007 Musicoz Awards.
4. There will be no reply SMS message generated from the Musicoz Awards SMS Voting Service.
5. Users must ensure that all care is taken when sending messages to the SMS service. It is the user’s responsibility to ensure that they SMS the correct number and provide the correct information required to register a valid vote. Musicoz and the voting service provider, InPho InterActive, will not be liable for costs incurred, responses received or any other consequences of user error.
6. The SMS Voting service for the Musicoz Awards will be available from Wednesday, 1st August 2007 and will continue until 5.00pm AEST on Wednesday, 21st November 2007. Any votes received outside these dates will be disregarded and will not go towards the final result.
7. The opening and closing times of the vote using the SMS Voting Service may vary. Under no circumstance will Musicoz or InPho InterActive accept any responsibility or liability for costs incurred or any other consequence as a result of a viewer submitting a vote prior to or after voting has been opened and/or closed. This also includes, and is not limited to errors made as a result of time differences between time zones in Australia. Musicoz reserves the right to amend the voting times at any stage.
8. Musicoz reserves the right to keep all voting tallies confidential. No results other than what is required for the purpose of the format of the program will be released to the public.
9. Votes registered using the Musicoz SMS Voting Service, will be charged at $0.55 (including GST). Pre-paid customers must ensure they have enough credit to cover the cost of each vote registered; only fully paid votes will be deemed valid and counted toward the final tally. Musicoz suggest that permission of the mobile phone account holder must be obtained prior to votes being made.
10. Any SMS votes received after the specified voting period has closed will not be included in the vote tally. Any Vote submitted after the SMS voting period closes will be charged at $0.55 (including GST).
11. Under no circumstances (including but not limited to any act or omission on the part of Musicoz or InPho InterActivr) will Musicoz or InPho Interactive be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access the SMS service.
12. Except as provided for by the Non-excludable Rights: a) all content for voting Services are provided "as is" and without warranties of any kind, either express or implied, b) Participating mobile telephone carriers and their suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) Neither your mobile telephone carrier nor Musicoz or the voting service provider, InPho InterActive, warrants that access to the SMS Voting Services will be available, uninterrupted, free from delay or error-free or that any defects will be corrected.
13. In order to cast a valid SMS vote, entrants must submit their entry via a mobile phone with a reply path. The SMS message must have passed through a Telecommunications carrier’s network to InPho InterActive’s database. Automated votes submitted via computer modems, programs or any other means other than a mobile phone as specified above will be deemed invalid. Musicoz reserves the right in its sole discretion to disqualify any individual who tampers with the voting process which as a result corrupt or affect the affect the administration security, fairness or integrity or proper conduct of a vote. The Producers decision in this matter is final and no correspondence will be entered into.
14. The charges for all SMS votes will appear on a subscriber’s next mobile / telephone bill. All queries relating to mobile / telephone bills should be directed to the mobile or telephone carrier.
15. All information, text, audio, material, graphics, software and advertisements contained in or forming the Voting Services ("Content") are the property of Musicoz, its suppliers and/or licensors (including your telephone carrier) unless expressly indicated otherwise. The Content is protected by Australian and international copyright and trademark laws. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way unless expressly authorised in writing by Musicoz.
17. SMS is not a guaranteed delivery communication tool. Musicoz and InPho InterActive cannot accept responsibility for any SMS messages not received, any SMS inadvertent reply message or for any delay in the delivery of the SMS message due to technical disruptions, network congestion, network failures or for any other reason. A vote is validated against registered bands in the voting database and included in the tally following date/time receipt to InPho Interactive from the carriers.
MATON GUITAR PROMOTION
HOW TO ENTER
To enter, individuals vote for an artist/band that is a registered entrant in the Musicoz Awards Between 1st August 2007 ad 5pm 21st November 2007, send an SMS to 19708000 containing an artist/band unique code name and a brief reason why the artist/band should win the people’s choice Musicoz Award for 2007. Premium SMS cost is 55c. Entrants must have premium service access. This is a game of skill whereby the most creative answer will be judged the winner.
TERMS AND CONDITIONS
1. Information on how to enter and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is only open to Australian residents. Employees (and their immediate families) of the Promoter, participating retailers 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.
3. 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 SMS/190 call costs). Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
4. Incomplete, indecipherable, inaudible or illegible entries will be deemed invalid.
5. Multiple entries permitted, subject to the following: each entry must be submitted separately and in accordance with entry requirements.
6. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
7. Promotion commences 01/08/07. Entries close at 5pm AEST on 21/11/07. The draw will take place at Level 1, 28 Bowden Street, Alexandria, NSW 2018 on 12/11/07 at 10am AEST.
8. Winner will be notified by phone and the winner’s name will be published in The Australian on 23/11/07.
9. The Promoter’s decision is final and no correspondence will be entered into.
10. The most creative answer will be judged the winner by Musicoz. The valid entry will win a $1,500 Maton Guitar. The Promoter may, in its absolute discretion,
11. Subject to the unclaimed prize draw clause, if for any reason a winner does not take an element of the prize by the time stipulated by the Promoter, then the prize or that element of the prize will be forfeited.
12. If the prize (or part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
13. Prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
14. A draw for any unclaimed prizes may take place on 12/02/08 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winners’ name will be published in The Australian on 20/02/08.
15. 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.
16. 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.
17. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
18. Premium SMS cost is 55c. Entrants must have premium service access. SMS service provider: InPho InterActive SMS winners will be contacted by SMS and/or phone and the Promoter will record their address details so that the prize may be awarded. SMS entries via the Internet are ineligible. Entries are deemed to be received at the time of receipt into the promotion database and NOT at the time of transmission by the entrant.
19. 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.
20. 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 the prize.
21. 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.
22. The Promoter is Musicoz of Suite 10, Level 1, 564 Princes Hwy Rockdale, NSW 2216 Australia.