Win a new phone - Join the Virgin Mobile Tester Team - Facebook/500wol

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VIRGIN MOBILE AUSTRALIA TESTER TEAM

Do you love to talk tech and give your opinion on apps and features?
Got social media cred?
Want to score a new phone?

JOIN THE TESTER TEAM

Tell us why you would be an awesome Virgin Mobile Tech Tester? (Max. 500 words)



There are five (5) spots to be filled on the VMA Tester Team. The total retail value of each prize ranges from $300 to $850.

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VIRGIN MOBILE AUSTRALIA

“TESTER TEAM” TERMS AND CONDITIONS

APPLICATION TO THE VIRGIN MOBILE “TESTER TEAM” PROGRAM (THE “PROGRAM”) IS OPEN TO AUSTRALIAN RESIDENTS. CONTACTING VIRGIN MOBILE AUSTRALIA (“VMA”) TO APPLY FOR THIS PROGRAM IS ACCEPTANCE OF THESE PROGRAM TERMS AND CONDITIONS (THE “TERMS AND CONDITIONS”).

1.Program Application Period: The Program application period commences on November 26th, 2012 at 9:00AM (EST) and ends on November 26th, 2013 at 4:00PM (EST) (the “Program Application Period”), after which time the Program Application Period will be closed and no further applications shall be accepted.

2.Eligibility: The Program is open to AUSTRALIAN residents who have reached eighteen (18) years of age or older on or before the start of the Program Application Period, and who: a.are valid VMA customers as of 26 November, 2012 with a mobile phone account in good standing;
b.have a voice and data plan that is compatible with their phone choice or are willing to upgrade to an appropriate voice and data plan at their own cost;
c.qualify for VMA’s prepaid or postpaid mobile services, including being subject to credit requirements; and
d.have an active Facebook account.

3.The following individuals are ineligible to enter: a.Employees of VMA or any of its related corporations, any of their agencies, partners, suppliers, providers or participating retailers who are associated with the Promotion.
b.VMA Mobile customers who have ported their service to another carrier (taken their service to another Telecommunications provider), or whose service has been cancelled either by the customer or Virgin Mobile Australia at the time of the draw.

4.VMA reserves the right to refuse any individual of the Tester Team to take part in any or all aspects of the Program, if VMA determines, in their absolute discretion, that the individual is not in the mental or physical condition necessary to participate in the Program.

5.To apply for the Program: Individuals may apply during the Program Application Period via VMA’s Facebook page (Facebook.com/VirginMobileAus) and click on the “Handset Tester Team” tab.

6.On the Program Application Form, applicants must: (i) provide their name, email address, VMA mobile phone number, city of residence, social media accounts, and, if any, blog or personal website; (ii) explain in their own words [500 word limit applies], why they would be an awesome addition to the VMA mobile phone Tester Team; (iii) review and accept these Terms and Conditions; and (iv) confirm their acknowledgement of and agreement to the Program application release (“Release”) (as described in greater detail in Section 13 below).

7.Limit of one (1) application per applicant per Program Application Period. Applications will be reviewed and assessed by VMA in its sole discretion. Program participants will be selected from the applications received. Each qualifying applicant may be required to provide VMA with proof that such individual fulfils the eligibility requirements, including that such individual is the authorized account holder associated with the mobile phone number provided. Any disputes as to the qualifying applicant will be decided by VMA in its sole discretion. For the purpose of these Program Terms and Conditions, “authorized account holder” of a mobile phone number is defined as the person who is assigned to a mobile phone account by VMA. In the event of a dispute as to who submitted an application, the application shall be deemed submitted by the authorized account holder whose name is sent with the application.

8.Program: There are five (5) spots to be filled on the VMA Tester Team. The total retail value of each prize ranges from $300 to $850.

9.The Mobile Phone is solely for activation on the VMA network and for use with VMA services. For greater certainty, the Mobile Phone shall not be activated on any other network and shall not be used with services provided with any other service provider throughout the duration of the Program. After the Program, VMA will not be responsible for any unlocking fees that may be incurred. In order to activate the Mobile Phone with VMA, each selected applicant must qualify for VMA’s prepaid or postpaid mobile services, as applicable, including being subject to credit requirements. Upon activation of the Mobile Phone, selected applicants shall be responsible for paying service and all other charges associated with their account(s) and maintaining their account(s) in good standing.

10.Fifteen 15 business days after the announcement of a new handset included in the Tester Team program, a panel of judges selected by VMA in its sole discretion will review all of the applications received and select five (5) applicants based on the following criteria: quality and creativity of written entries, quality and creativity of social media profiles, quality and creativity of additional blog/website (if provided by applicant). VMA’s choice of selected applicants is at VMA’s sole discretion and VMA will not entertain appeals with respect thereto. VMA’s decisions are final in all matters relating to this Program.

11.Each selected applicant will be notified via email following the judges’ decision and must provide their mailing address and VMA phone number to a VMA representative. Selected applicants will receive an agreement setting out their responsibilities for their participation in the Tester Team Program (“Agreement”) including a program release and within twenty-four (24) hours of being notified, they must read, execute and return the Agreement to be declared a member of the VMA Tester Team or participation in the Program, including receipt of the Mobile Phone will be deemed forfeited and, VMA at its own discretion, may select an alternate applicant. VMA is not responsible for the failure for any reason whatsoever of a selected applicant to receive notification or VMA to receive a selected applicant’s response and/or Agreement. If the selected applicant cannot be contacted and/or participation in the Program, including receipt of the Mobile Phone, is forfeited, the judges may continue to select another applicant.

12.Operation of the Program: All applications become the property of VMA which assumes no responsibility for: (i) lost, stolen, delayed, damaged or misdirected applications; (ii) applications which fail to comply with the Program Terms and Conditions; and/or (iii) any failure of the Program Website, the Program Application Form, VMA’s systems or any alternate communications network before the deadline for Program application, or for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software or failure of any application to be received by VMA on account of technical problems. Any attempt to deliberately undermine the legitimate operation of this Program is a violation of the Program Terms and Conditions and criminal and civil laws, and should such an attempt be made, VMA reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution. Applicants agree to abide by the Program Terms and Conditions. VMA reserves the right, in its sole discretion, to terminate the Program, in whole or in part, and/or modify, amend or suspend the Program, and/or the Program Terms and Conditions in any way, at any time, for any reason without prior notice. Any changes will be posted on the Program Website.

13.The Mobile Phone is not exchangeable for cash, is non-transferable, non-refundable, non-saleable, and must be accepted as distributed, without substitutions. No selected applicant is entitled to the monetary value of the Mobile Phone in lieu of the Mobile Phone itself, and no selected applicant is entitled to the monetary difference between the actual Mobile Phone value and the stated approximate Mobile Phone value, if any. In the event the Mobile Phone cannot be distributed as described in these Terms and Conditions, VMA has the right, but not the obligation, to substitute a mobile phone. VMA will not be responsible if factors beyond VMA’s control prevent the Mobile Phone from being distributed. The Mobile Phone may be locked to the Virgin Mobile network.

14.Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective 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 Program.

15.Limitation of Liability: Subject to clause 14, VMA assumes no responsibility or liability for lost, late, unintelligible, falsified, damaged, misdirected or incomplete applications, submissions, notifications, responses, replies or any agreement and/or release, or for any computer, online, software, telephone, hardware or technical malfunctions that may occur, including but not limited to, malfunctions that may affect the transmission or non-transmission of an application, submission, notification, response, reply, agreement or release. VMA is not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Program or by any technical or human error which may occur in the administration of the Program. VMA assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of applications, submissions, notifications, responses, replies or any agreement and/or release. VMA is not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, players or browsers, on account of technical problems or traffic congestion on the Internet, at any website, or on account of any combination of the foregoing or otherwise. VMA is not responsible for any injury or damage to an applicant or to any computer related to or resulting from application to or participation in the Program. The applicant assumes liability for injuries caused or claimed to be caused by applying to or participating in the Program, or by the acceptance, possession, use of, or failure to receive, the Mobile Phone. VMA assumes no responsibility or liability in the event that the Program cannot be conducted as planned for any reason, including those reasons beyond the control of VMA, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Program, the Program Website, and/or the Program Application Form.

16.Conduct: By applying to and/or participating in the Program, each applicant agrees to be bound by the Terms and Conditions, which will be posted on VMA’s Facebook page (Facebook.com/VirginMobileAus) throughout the Program Application Period. The applicant agrees to be bound by any decision of VMA in connection with the Program, which will be final and binding in all respects. VMA reserves the right, in its sole discretion, to disqualify any applicant found to be: (a) violating the Terms and Conditions; (b) tampering or attempting to tamper with the application process, the operation of the Program, the Program Website, the Program Application Form, or any VMA website; and/or (c) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE PROGRAM WEBSITE, THE PROGRAM APPLICATION FORM, THE VMA WEBSITE OR ANY RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, VMA RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW. The selected applicant must at all times behave appropriately when taking part in the Program, as a member of the VMA Tester Team, at any media obligations and observe the Terms and Conditions any other rules or regulations in force online, and/or in any other medium, or in any other location. VMA reserves the right to remove from any of these locations, including on-line locations, any selected applicant, as applicable, who breaks such rules and/or fails to behave appropriately and to disqualify such selected applicant.

17.Rights Clearance: By applying to and/or participating in the Program, you: (i) will be creating, generating, using and disseminating content (“Content”); (ii) acknowledge that VMA assumes no responsibility for any claims of infringement of rights to copyright, privacy and/or personality; (iii) agree that all such liability will remain with you; and (iv) represent to VMA that the Content does not infringe any copyright interest of any third party and that the Content is not defamatory or obscene and does not violate any laws. VMA reserves the right to exclude any Content on the basis of concern relating to the rights of third parties, including but not limited to, privacy, copyright, and defamation, as determined by VMA in its sole discretion.

18.Personal Information: By applying to and/or participating in the Program, each applicant: (i) grants to VMA the right to use personal information, including his/her name, mailing address, telephone number, voice and/or likeness (“Personal Information”) for the purpose of administering the Program, including but not limited to contacting the qualifying applicant; (ii) grants to VMA the right to use his/her Personal Information for publicity and promotional purposes, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; and (iii) acknowledges that VMA may disclose his/her Personal Information to third-party agents and service providers of VMA, including, but not limited to, its advertising and promotional agencies, in connection with any of the activities listed in (i) and (ii) above. VMA will use the applicant’s Personal Information only for identification purposes and in accordance with Virgin Mobile’s Privacy Policy.

19.Media/Publicity relating to the Program: The applicant grants to VMA the right to use his/her name, address, likeness, biographic or other information concerning the applicant in connection with the Program, the program process and/or any and all promotion in connection therewith without further notice or compensation. The applicant acknowledges and agrees that in the event the applicant becomes a qualifying applicant, s/he shall not, without the written consent of VMA, give any interview or make, give or release any statement for publication, or otherwise to be made public, by any means relating to the Program or VMA without the prior written consent of VMA. In the event that the applicant becomes a qualifying applicant, s/he agrees to make him/herself available, without further compensation, to participate in additional publicity and promotional activities, including but not limited to, any online/internet based activity, undertaken in connection with the Program as may be requested by VMA. The applicant acknowledges and agrees that in the event that the applicant becomes a qualifying applicant, s/he will perform such further acts and execute such further documents as VMA may require.

20.Facebook: Each applicant for this Program releases Facebook from any and all liability in respect of this Program. The Program is in no way sponsored, endorsed or administered by, or associated with, Facebook. Any information applicant provides in connection with the Program is being provided to VMA and not Facebook.

21.Intellectual Property and Company Information: All intellectual property, including but not limited to, trademarks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by VMA and/or its affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.

22.These Terms and Conditions are governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of that State.

23.The Program is conducted by Virgin Mobile (Australia) Pty Limited, (ABN: 67 092 726 442) of Level 8, 213 Miller Street, North Sydney, NSW 2010, phone: 02 9028 0352.