Legends & Heroes Pty. Ltd. Terms & Conditions

Legends & Heroes SMS Bonanza Terms & Conditions of Entry

WEEK 4 - Quiz Question

Terms & Conditions of Entry

1. Acceptance of Terms: These Legends & Heroes Terms are the terms and conditions that govern your participation in a Legends & Heroes SMS Competitions. By participating in a Legends & Heroes sms competition, you accept these Legends & Heroes Terms.
2. Definitions: In these Legends & Heroes Terms:
a. Legends & Heroes refers to Legends and Heroes, 419 Swan Street Richmond VIC 3121.
b. We, us and our refer to Legends & Heroes.
c. You and your means you, the individual bidder participating in a Legends & Heroes auction. A Legends & Heroes auction may make one or more Items available for sale.
3. Variation of Legends & Heroes Terms: We may vary these Legends & Heroes Terms from time to time without notice to you, by publishing amended terms on the Legends & Heroes Website at www.legendsandheroes.com.au/competitions.  Such amended terms will apply to all Legends & Heroes competitions starting after the date of publication. We reserve any rights not expressly granted in these Legends & Heroes Terms.
4. Your eligibility and warranties: You are only eligible to enter a Legends & Heroes sms competition if you are an Australian resident. You are not eligible to enter a Legends & Heroes sms competition if you are an employee, contractor or officer of Legends and Heroes or our suppliers (including suppliers of prizes and/or media services). You warrant that:
a. if you are under the care of a legal guardian or parent, you have sought permission from them before entering in a Legends & Heroes sms competition;
b. if any winner in under the age of 18 years the prize or prizes will be awarded to the winner’s nominated parent or guardian;
c. you are the owner of the relevant mobile phone account or you have obtained the permission of the mobile phone account owner before using the relevant mobile phone to enter in a Legends & Heroes sms competition; and
d. all information provided by you to us is accurate.
5. Entry Validity: Legends & Heroes, in its absolute discretion, reserves the right to verify the validity of all entries and to disqualify any entrant who tampers with the entry process, including but not limited to, techniques designed to avoid payment of SMS costs, or who submits an entry that is not in accordance with these Conditions of Entry.
6. Multiple Entries:  are accepted but each entry must be in respect of a separate qualifying transaction.
7. Misdirected Entries: Legends and Heroes bears no responsibility is accepted for late, lost or misdirected entries.
8. How to Enter: Entrants are invited to SMS 19 19 18 together with key word ‘hero’ and AFL Club Name.
9. When: Promotion commences Monday 21 April, 2008 at 4:00pm EST. Final entries close on Sunday 27 April, 2008 at 11:59pm EST.
10. Draw: The draw will take place at approximately 10:00am Monday 28 April at the offices of MYLK Message Suite 207, 737 Burwood Road, Hawthorn VIC 3122.
11. Method: The method of drawing winners will be conducted by computer random generation.
12. Notification:
a. The overall winner and runners up will be contacted by an SMS message and where possible by direct phone call; and
b. The overall winner will be notified in writing, either by e-mail or by post.
13. Public Notification:
a. The overall winner will be announced on Melbourne radio station SEN 1116 Monday 28 April, 2008;
b. The overall winner will listed in The Age Tuesday 29 April, 2008;
c. The overall winner will be listed from Tuesday 29 April, 2008 on www.legendsandheroes.com.au
14. Prizes:
a. The first valid and correct entry drawn will win:
i. 1 x Framed AFL Team Jumper signed by at least one listed player,
ii. Total Value of First Prize is: $1,000
iii. Postage and shipping not included; and
b. The five people with the most sms entries each receive:
i. One discount voucher of $100 to be redeemed for framing purchased at Legends and Heroes, 419 Swan Street, Richmond. Vouchers are valid for 3 months from date stamped on voucher;
ii. Total Value of prizes are: $100 x 5 discount vouchers = $500.
iii. In the event of a tie regarding equal numbers of submitted entries, the eligible recipients will be selected by random draw.
15. Expenses: Unless expressly stated within these Terms and Conditions of Entry regarding all prizes, all other expenses become the responsibility of the winner.
16. Prize Redemption: All prizes are provided solely by Legends & Heroes. The winner and each runner’s up must each claim their prize directly from Legends & Heroes within 7 days of notification.
17. Prize Claim: In the event that any original Participant drawn has can not be identified, contacted or come forward to claim their prize within 7 days of announcement, Legends & Heroes may choose to withdraw the prize from offer.
18. SMS service providers and acceptance of entries: We reserve the right to accept and consider only those SMS entries received via mobile messaging service providers (providers) of our choice. We will only accept entries received via providers that allow us to charge the SMS cost. If we are unable to charge you the sms cost, your entry will not be an eligible. We are not liable to you if the provider does not provide telecommunications coverage at a particular location or fails to accept from you or deliver to us an SMS entry, whether completely, in a timely manner or at all. You acknowledge that SMS messages are sometimes lost before they are delivered and you therefore cannot be sure that we have accepted your bid unless you receive from us a return SMS confirming the status of your entry.
19. Automated Software: 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. Incorrect or Inaccurate information: Legends & Heroes 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 competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.
21. Entry Process: If for any reason this competition is not capable of running as planned (including but not limited to technical failures, unauthorised intervention, fraud or any other causes beyond the control of Legends and Heroes which corrupts or affect the administration, security, fairness, integrity or proper conduct of this competition, Legends & Heroes 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 competition.
22. Media Promotion: This competition is being promoted though Melbourne radio station SEN 1116. Legends & Heroes is not responsible for any incorrect or inaccurate information or advertising broadcast by SEN 1116.
23. SMS Charges: SMS entries are charged at 55c including GST. The SMS entry mechanic is only open to consumers with a SMS compatible mobile phone connected to a service provider which permits text messaging to the promotional SMS number. SMS entries via the internet are not valid and will not be accepted.
24. Time Received: All 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.
25. Tax: Legends & Heroes accepts no responsibility for any tax implications that may arise from the prize winnings. Winners are solely responsible to pay any and all taxes and financial advice should be sought.
26. Privacy and confidentiality of your information:
a. Legends & Heroes may collect entrants’ personal information in order to conduct the promotion. If the information requested is not provided, the entrant may not participate in the promotion. By entering the promotion, unless otherwise advised, each entrant also agrees that Legends & Heroes may use this information, in any media for future promotional, marketing and publicity purposes without any further reference, payment or other compensation to the entrant, including sending the entrant electronic messages. A request to access, update or correct any information should be directed to Legends & Heroes at their address set out above.
b. Entrants consent to Legends & Heroes using the entrant's name, likeness, image and/or voice in the event they are a winner or drawn Participant (incl. photograph, film and/or recording of the same) in any media for an unlimited period of time without remuneration for the purpose of promoting this competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by Legends & Heroes.
c. You acknowledge and agree that by your participation in a Legends & Heroes auction, we may receive personal information about you. You agree that we may collect, store and use your personal information in accordance with our Privacy Policy, which can be viewed at www.legendsandheroes.com.au 
d. By accepting these Legends & Heroes Terms, you are also agreeing to the terms of our Privacy Policy. Although we endeavour to maintain the privacy and security of information that we hold about you, and will take all reasonable steps to keep secure any such information, we will not be held responsible for events arising from unauthorised access to it.
27. Implied terms: The only terms implied or incorporated into these Legends & Heroes Terms are those which can not be lawfully excluded, restricted or modified, including any rights and remedies available to you under the Trade Practices Act or any similar State or Territory legislation. Our liability to you under any such terms is limited, to the extent the law allows and at our option, to re-supplying the relevant goods or services, or paying you the cost of that re-supply, or repairing the relevant goods.
28. Exclusion of liabilities: To the extent legally permitted, we are not liable to you for any claim, expense, loss or damage incurred by you arising directly or indirectly out of your participation in a Legends & Heroes sms competition or our refusal or failure to recognise, process, consider or accept your entry in a Legends & Heroes sms competition, whether direct, consequential, special, indirect or other loss or damage, loss of profits or other economic loss or loss of opportunity and whether such liability arises out of contract, tort (including negligence), statute or otherwise. This exclusion applies regardless of whether you or we were aware of the possibility of such loss or damages.
29. Loss and damage: Legends & Heroes shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for personal injury which is suffered or sustained, as a result of participating in this promotion or accepting any of the prizes, except for any liability which cannot be excluded by law.
30. Cap on liability: Despite any other provision of these Legends & Heroes Terms, to the extent legally permitted, our total aggregate liability to you in connection with your participation in a Legends & Heroes sms competition (including our refusal or failure to recognise, process, consider or accept your bid in a Legends & Heroes sms competition) is limited to the cost of one single entry in that Legends & Heroes sms competition.
31. Governing Law: These Legends & Heroes Terms and any disputes arising under them or otherwise in relation to Legends & Heroes or your participation in a Legends & Heroes auction are governed by and construed in accordance with the laws applying in Victoria, Australia. The parties hereby irrevocably submit to the jurisdiction of the Courts in Victoria, Australia.
32. Currency: All references in these Legends & Heroes Terms to money are to Australian dollars and cents.
33. Severance: If any part of these Legends & Heroes Terms is held invalid, unenforceable or unlawful in any jurisdiction, that part is deemed to be deleted only in the relevant jurisdiction and otherwise the terms continue in full force.
34. SMS Provider: MYLK Message, Suite 207, 737 Burwood Road, Hawthorn VIC 3122, is conducting the SMS Competition on behalf of Legends & Heroes.

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