Terms and Conditions for Optus On The Ball! monthly newsletter

1. The Service

1.1 The Optus On The Ball! monthly newsletter ("Service") is provided by SingTel Optus Pty Limited ABN 90 052 833 208 ("Optus").  Any reference to "you" or "yours" refers to you, user of the Service.
1.2 The Service consists of a newsletter sent to your registered email address.  The Service is provided by Optus free of charge.
1.3 By registering for the Service you agree to these terms and conditions.  From time to time Optus may amend these terms and conditions.  Your continuing use of the Service constitutes your acceptance of such updated and/or amended terms and conditions.

2. Registration

2.1 To subscribe for the Service you need to complete the subscription page.
2.2 Optus reserves the right to delete from its Service subscriber database with or without notice any email address which Optus, in its absolute discretion, considers:
(a) defamatory, blasphemous, racist, offensive, obscene or otherwise unlawful;
(b) injurious to its brand or reputation or otherwise unacceptable; or
(c) no longer current or operational,
and immediately cease provision of the Service to any such email address.

2.3 You may opt-in to receive additional information on other offers or products from Optus. The applicable terms and conditions of each service will apply.

3. Intellectual Property

3.1 With respect to any material contained in or accessible via the Service ( "Service Content"), all copyright, trade marks and all other intellectual property rights therein is/are either owned by Optus or by the owners of such rights who have licensed such rights to Optus for use in the Service and the Service Content.
3.2 To the fullest extent permitted by applicable law and subject to your compliance with these terms and conditions, save for: (i) transitory copying or storage and (ii) for your personal private use, no part of the Service or Service Content may be copied, stored, used, uploaded, transmitted or distributed in any form or manner without the prior written consent of Optus, other than to the extent that such acts cannot be prohibited under applicable law.

4. Use of the Service

4.1 You undertake:
(a) to use the Service (including any Service Content) for your own personal private use and not to use the Service or any Service Content for any commercial purpose, whether for a fee or otherwise, or to distribute it commercially;
(b) not to use the Service or Service Content for any fraudulent, criminal or unlawful purpose;
(c) not to use the Service or any Service Content for the transmission of any material which is defamatory, blasphemous, racist, offensive, obscene or otherwise unlawful;
(d) to the fullest extent permitted by applicable law, not to copy, modify, adapt, reverse engineer, decompile, reformat, disclose, transmit, distribute, sell, license or transfer the Service or any Service Content, either in whole or in part, in any way save as expressly provided for in these terms and conditions;
(e) not to infringe either Optus' or any other person's intellectual property rights, including copyright, in the Service or Service Content and not to delete or amend any copyright or other proprietary notices which may appear therein;
(f) not to use the Service or Service Content in any way which Optus, in its absolute discretion, considers objectionable, injurious to its brand or reputation or otherwise unacceptable; and
(g) not to use the Service and Service Content otherwise than in accordance with these terms and conditions.

5. Liability

5.1 Optus makes no warranties or representations of any kind in relation to the Service or Service Content, whether express or implied, including, but not limited to, implied warranties or conditions of performance, completeness, suitability, safety, timeliness, accuracy, reliability, satisfactory quality and fitness for a particular purpose or non-infringement, except to the extent it is not possible by applicable law to exclude such things or to the extent such things are expressly contained in these terms and conditions.
5.2 Optus will not be liable for: (a) any technical or access issue, failure, malfunction or difficulty that might hinder or prevent the transmission of or your receipt of the Service or Service Content; (b) any event which may cause the Service or Service Content to be disrupted or corrupted; (c) any inaccuracy or error within the Service or Service Content; and (d) any virus, Trojan horse, worm or other malicious or corrupted computer code or data files which may be transmitted via the Service or Service Content.
5.3 Optus shall not be liable under or in connection with these terms and conditions for :
(a) loss of actual or anticipated profit;
(b) losses caused by business interruption;
(c) loss of goodwill or reputation; or
(d) any indirect, special or consequential cost, expense loss or damage,
even if such cost, expense loss or damage was reasonably foreseeable or might reasonably have been contemplated by the parties and whether arising from breach of contract, tort, negligence, breach of statutory duty or otherwise.
5.4  Optus' liability under or in connection with its provision of the Service or these terms and conditions shall be limited to the reprovision of the Service.

6. Your Indemnity to Optus

6.1 You agree to indemnify, defend and hold harmless Optus from and against any and all losses, costs, expenses (including reasonable legal fees), claims, damages and liabilities incurred by Optus arising out of or in connection with any claim by a third party resulting from your use of the Service or from any violation of these terms and conditions by you, save where caused by Optus' negligence or breach of these terms and conditions by Optus.

7. Modification, Suspension and Termination

7.1 Optus reserves the right to modify, suspend or terminate the Service or Service Content, in whole or in part, at any time with or without notice (a) to repair or maintain the Service or Service Content; (b) to update, upgrade or improve the Service or Service Content from time to time; (c) due to the occurrence of any circumstances beyond Optus' reasonable control; (d) where Optus believes you are or may be in breach of these terms and conditions; or (e) otherwise, at Optus' sole discretion.

8. Unsubscribe

8.1 You can unsubscribe at any time from the Service by clicking on the link in the newsletter sent to you.

9. Your data

9.1 Use of your data is subject to Optus' Privacy Policy which is located at www.optus.com.au/privacypolicy.

10. Miscellaneous

10.1 If any provision of these terms and conditions is held for any reason to be ineffective or unenforceable, this shall not affect the validity or enforceability of any other provision of these terms and conditions or these terms and conditions as a whole.

Terms and Conditions for Free Optus SMS Football related communications.

  1. When you opt into or otherwise make use of SMS Football related communications from Optus ("SMS Service"), you agree to the following terms and conditions.
  2. Optus reserves the right to discontinue or alter the SMS Service at any time.
  3. You must have a mobile phone that is capable of receiving SMS messages in order to receive SMS communications. Replies to SMS notifications will not be read or answered.
  4. Your plan's standard rates will apply to any message you send to Optus, whether online or by mobile phone. There is no charge to you for the message Optus sends to your mobile phone.
  5. By registering for the SMS Service you consent to receiving SMS messages from Optus from time to time. Optus will identify and send the message to you based on the information you have provided.
  6. You can unsubscribe at any time from the SMS Service by sending STOP to 2222.
  7. Data obtained from you in connection with the SMS Service may include your mobile phone number, your name, your postcode, your email and other information that you may provide. We may use this information to contact you and to provide services you request from us, and to otherwise operate, develop and improve the service.
  8. You warrant that you are the owner or authorised user of the device you use to access the SMS Service, and that you are authorised to approve any applicable charges.
  9. The SMS Service and the content and materials received through the SMS Service are proprietary to Optus or its licensors, and is for your personal, non-commercial use only.
  10. The SMS service is available only from within Australia.
  11. Optus reserves the right to alter these terms and conditions from time to time. The most current version of the terms and conditions will apply to your use of the SMS Service, and will be available www.optus.com.au.
  12. We may suspend or terminate your SMS Service if we believe in our discretion that you are in breach of these terms and conditions. Your SMS Service will be terminated if your mobile phone service terminates or lapses.
  13. Your personal information will be held by Optus in accordance with the Optus Privacy Policy. Optus privacy policy is available at www.optus.com.au/privacypolicy.


GAME OF SKILL

SECRET TRAINING CAMP PROMOTION

TERMS AND CONDITIONS OF ENTRY

  1. Information on how to enter and prizes forms part of these Terms and Conditions. Entry into the Secret Training Game ("Promotion") is deemed to be an acceptance of these Terms and Conditions.
  2. Promotion commences 9th June 2010 at 12:00pm (AEST) and entries close at 31st October 2010 at 11:59pm (AEST) ("Promotion Period").
  3. Entry is only open to Australian residents. Employees (and their immediate families) of the Promoter, or agencies or companies associated with the conduct of this Promotion, are ineligible to enter.
  4. To enter, entrants must, during the Promotion Period.
    (a) Complete all 4 tasks of the 'Secret Training Camp Game' at the www.optusfootball.com.au/game.
    (b) After completion of the game answer the following question in 25 words or less: "Who was your favourite team at the 2010 FIFA World Cup&trade?"
  5. Entries are deemed to be received at the time of receipt by the Promoter. Records of the Promoter are final and conclusive as to time of receipt.
  6. Incomplete or indecipherable entries will be deemed invalid.
  7. All valid entries received during the Promotion Period will be entered into the judging to be held at 2nd November, 2010 12:00pm (AEST) at Optus Centre Sydney, 1 Lyonpark Road, Macquarie Park, NSW 2113.
  8. This is a game of skill and chance plays no part in determining the winner.
  9. The first 5 valid entries judged to be the most creative will win an Australian Football Merchandise Pack including a Socceroos jersey, Supporters scarf, Socceroos ball and a poster signed by Lucas Neill valued at $200 ("Prize"). The winner will be notified in writing by email and phone. Judges' decision is final and no correspondence will be entered into.
  10. If the Promoter determines, in its absolute discretion, that the winner is not in the necessary condition to safely participate in the Prize, the Promoter reserves the right to refuse to award to the winner any part of the Prize.
  11. Prize is subject to the standard terms and conditions of individual prize and service providers.
  12. Total Prize value in the Promotion is up to AU$1,000 (including GST).
  13. In the event that for any reason whatsoever the winner does not take an element of the Prize at the time stipulated by the Promoter then that element of the Prize will be forfeited by the winner.
  14. The Prize (including any unused portion) cannot be transferred, exchanged or redeemed for cash. The Promoter retains the right to substitute the Prize with a prize of equal or greater value (including where the Prize is unavailable).
  15. The Promoter may conduct such further judging at Optus Centre Sydney, 1 Lyonpark Road, Macquarie Park NSW 2113 on 10th November, 2010 at 12:00 pm(AEST), as are necessary for an unclaimed prize. The winners of any unclaimed prize will be notified in writing.
  16. The Promoter's decision is final, and no correspondence will be entered into, including in the event of a dispute. The Prizes must be taken as offered and cannot be varied.
  17. In the event that a Prize winner is a person under the age of 18, the Prize will be awarded to the winner's nominated parent or guardian.
  18. 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. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
  19. 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.
  20. Any cost associated with accessing the promotional website is the entrant's responsibility and is dependent on the Internet service provider used. 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. The Promoter is not responsible for any incorrect or inaccurate information, either caused by promotional website users or by any of the equipment or programming associated with or utilised in this Promotion, or by any technical error that may occur in the course of the administration of this Promotion. The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to or alteration of entries.
  22. If for any reason this Promotion is not capable of running as planned due to any reason, including but not limited to infection by computer virus, bugs tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, 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 Promotion.
  23. It is a condition of accepting the Prize that the winner may be required to sign a release of liability in a form to be determined in the absolute discretion of the Promoter.
  24. The winners agree to participate in any news and media/PR activities surrounding the Promotion. The Promoter reserves the right to use each winner's name, voice, image and likeness for advertising and publicity purposes in any media in perpetuity worldwide without additional compensation.
  25. 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.
  26. All claims and entries become the property of the Promoter. The Promoter requires your personal information in order to conduct the Promotion. If you do not provide the mandatory personal information requested then you will not be able to take part in the Promotion. By entering this Promotion, each entrant is taken to consent to the Promoter using the entrant's personal information to administer the Promotion, announce the winners and disclosing the entrant's personal information to organisations that assist the Promoter with administering the Promotion and announcing the winner, and to third parties as required by law (including authorities that regulate this Promotion). The Promoter is bound by the National Privacy Principles in the Privacy Act 1988 (Cth) and by entering the Promotion, the entrant is taken to consent to the Promoter's privacy policy. See www.optus.com.au to view the Promoter's privacy policy in full. An entrant may access and correct any personal information held by the Promoter, upon request to the Promoter.
  27. The Promoter is Optus Administration Pty Ltd (ABN 79 055 136 804),
    (02) 8082 8585 1 Lyonpark Rd, Macquarie Park NSW 2113.