Delta Goodrem Single Purchase

HOW TO PURCHASE – TERMS AND CONDITIONS

To purchase, SMS “DELTA” along with your name and postal address (including postcode) to 193123 between 0:00am AEST on 5 October 2012 and 11:59pm AEDT on 26 October 2012 (the Promotion Period).  By doing so you will purchase a CD copy of the Delta Goodrem single “Wish You Were Here” at the cost of A$5.25 (including GST) per message pair (the Promotion). This cost includes cost of CD and delivery.

SMS purchases are only open to Australian residents of at least 13 years of age who have an SMS compatible mobile phone connected to a mobile phone carrier which permits text messaging to the SMS number. It is recommended that purchasers check with their individual mobile phone carrier in this regard. Purchasers under 18 years of age should obtain parental or guardian consent prior to making a purchase. To be valid the mobile number from which the SMS is sent must not be withheld and the mobile number must be owned by the purchaser. Additional SMS charges may apply, and purchasers should make enquiries with their mobile phone carrier.

All purchasers must retain the confirmation SMS received as proof of purchase and produce the message to Promoter upon request.

Multiple purchases are permitted however each purchase request must be submitted separately and in accordance with these terms and conditions.

The use of any automated software or any other mechanical or electronic means that allows purchasers to automatically purchase is prohibited and will render all purchases submitted by that purchaser invalid.  SMS purchases via the internet are ineligible. 

Promoter has engaged Oxygen8 Communications Australia Pty Ltd (Oxygen8) to facilitate the SMS purchase mechanic. Purchasers will be subject to any additional terms and conditions notified to purchaser by Oxygen8, however Promoter will use all reasonable efforts to fulfill any purchases upon receipt of proof of purchase. Promoter will not be liable for failure of Oxygen8 to provide Promoter with the details of any purchaser. To the fullest extent possible at law, Promoter is not responsible for any incorrect or inaccurate information, either caused by the phone user or for any of the equipment or programming associated with or utilised in this promotion, or for any technical error, or any combination thereof that may occur in the course of the administration of this promotion including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, technical problems, theft or destruction or unauthorised access to or alteration of purchase details and related to or resulting from participation in this Promotion.

Promoter will commence distribution of CDs to purchasers as soon as is reasonably practicable upon conclusion of the Promotion Period. CDs will be posted to the address notified at the time of purchase. Promoter will use reasonable efforts to ensure that all CDs have been posted within two (2) weeks of the conclusion of the Promotion Period. Purchasers who have not received a CD within six (6) weeks of the conclusion of the Promotion Period should email comps.au@sonymusic.com with the subject line “Delta Goodrem CD” and include their name, address, the mobile phone number used to purchase the CD, and a screenshot of the confirmation SMS. The Promoter will not be responsible for any lost or misdirected mail.

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 purchase 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 purchaser; or (e) use of the Delta Goodrem CD.

Under the Australian Consumer Law (Cth) and other statutes there are some warranties and conditions that cannot be excluded, restricted or modified or can only be excluded, restricted or modified to a limited extent. The Promoter excludes all warranties and conditions to the extent allowable by these laws.

The Promoter (and third parties engaged by the Promoter) collects personal information in order to conduct the Promotion. If the information requested is not provided, purchasers may not participate in the Promotion. By making a purchase in accordance with these terms and conditions, unless otherwise advised, purchasers also agree that the Promoter may use this information for future promotional, marketing and publicity purposes without any further reference, payment or other compensation to the purchasers, including sending purchasers electronic messages. Purchaser consents to the transfer to the Promoter of personal information collected by third parties in connection with the Promotion and the use of such information in accordance with this clause. A request to access, update or correct any information should be directed to the Promoter at the address set out below. Promoter’s Privacy Policy can be viewed at www.sonymusic.com.au.

Purchasers agree that they may receive promotional SMS messages from the Promoter on the number used to enter the Promotion. The Promoter will ensure that any promotional SMS messages include a functional unsubscribe facility in accordance with relevant laws.

The Promoter is Sony Music Entertainment Australia Pty Ltd of 11-19 Hargrave Street, East Sydney, NSW, 2010 (ABN 95 107 133 184).