bandit.fm Track-A-Pack Promotion
Terms and Conditions
This promotion ("Promotion") is conducted by The Smith's Snack Food Company Limited, ABN 31 057 976 940, of 799 Pacific Highway, Chatswood NSW 2067 ("Promoter").
The Promotion is only open to Eligible Purchasers. An "Eligible Purchaser" is an individual who: (i) is a resident of Australia; and (ii) is not an employee of the Promoter or any of its related corporations or any of their agencies associated with the Promotion.
Each Eligible Purchaser of one of the Promoter's snack food products that is specially marked and refers to this Promotion ("Promotion Product") is eligible to submit a claim for a bandit.fm account credit sufficient to download one digital music track from the bandit.fm digital music store ("Download Claim").
The packaging of each Promotion Product has a unique code ("Unique Download Code") printed on its inside surface. Each Unique Download Code may be used to submit one (and only one) Download Claim.
Subject to the other conditions, an Eligible Purchaser may submit one Download Claim for each Promotion Product that they purchase.
In order to submit a Download Claim, an Eligible Purchaser of a Promotion Product ("Claimant") must, during the period from 9am on 25/1/10 to 11:59pm on 4/6/10, use a compatible web browser to visit www.bandit.fm/trackapack. All Download Claims must be made from within Australia (ie, they must be made using a web browser that is allocated an Australian IP address). To make a Download Claim, a Claimant must enter a Unique Download Code that has not been used for any prior Download Claim. If a Claimant does not already have a bandit.fm account at the time he/she makes such a claim, he/she must also set up a bandit.fm account and provide such details (including first and last names, date of birth and e-mail address) as are required for that purpose. A Claimant must not create more than one bandit.fm account.
All times and dates in these conditions are times and dates in Sydney.
For each accepted Download Claim, one credit to the value of $1.69 (inc GST) ("Download Credit") will be recorded against the Claimant's bandit.fm account. All Download Credits are issued by Sony Music Entertainment Australia Pty Ltd ("Sony"), the operator of the bandit.fm website.
Download Credits are valid until 11:59pm on 2/7/10 ("Redemption Deadline"). Any Download Credits (and unused parts of Download Credits) will become void if not used by the Redemption Deadline and will be deducted from the credit balance of the bandit.fm account against which they were recorded.
A Claimant may redeem a Download Credit that has been awarded to the Claimant's bandit.fm account by visiting the bandit.fm website, logging on to their account and using that account to purchase any track that is available for download at the bandit.fm website. When any purchase is made, any credits (including Download Credits) recorded against the Claimant's account will be applied to the purchase in order of their expiry date (ie a credit that expires first will be applied first).
Download Credits are redeemable only for music downloads and only at www.bandit.fm. A Claimant may accumulate Download Credits to purchase multiple tracks or one or more whole albums (provided sufficient credit is accumulated to cover the purchase cost).
Throughout the period during which Download Credits may be used to purchase downloads, the maximum price for downloading any track available from bandit.fm will be $1.69 (inc GST).
If one or more Download Credits are applied to a purchase and the purchase price is less than the value of the Download Credit(s) applied, the remaining balance will be held as a credit against the bandit.fm account and may be applied to purchases on the same basis as other Download Credits.
All Eligible Purchasers must ensure that their Download Claims are received by 11:59pm on 4/6/10 and that all Download Credits are redeemed by 11:59pm on 2/7/10. The Promoter takes no responsibility for any late or misdirected claims or redemptions or for any delays or failures in any telecommunications service or equipment.
The Promoter and Sony exclude any representation that any particular track will be available for download from the bandit.fm site at any time. A Download Credit cannot be used in conjunction with any other offer and is not redeemable for cash or other monetary payment.
All purchases at the bandit.fm website must be made from within Australia (ie, they must be made using a web browser that is allocated an Australian IP address).
Sony reserves the right to suspend activity on a bandit.fm account if it suspects that any fraud or any breach of these conditions has occurred on the part of the account holder. Such suspension may continue until the account holder satisfies Sony as to the validity of transactions recorded against his/her account. Sony may cancel an account and any credit held against it, if not satisfied as to such validity.
A Download Credit is subject to such other terms and conditions as may be imposed by Sony from time to time. Full terms to which the Download Credit is subject are available at www.bandit.fm.
All Download Claims may be subject to verification by the Promoter. If requested to do so, a Claimant must deliver to the Promoter (by a means determined by the Promoter):
Any costs associated with accessing websites necessary to obtain or redeem a Download Credit are the responsibility of the person seeking access and are dependent on the internet service provider used.
Purchasers must submit Download Claims and redeem Download Credits manually using an internet browser. The Promoter or Sony may reject a claim or redemption if either of them reasonably forms the opinion that it has been submitted using automated means or by use of a competition entry service.
Each Download Credit is valued at $1.69. There is a maximum of 23,000,000 Download Credits available to be claimed. The maximum total value of all Download Credits available to be claimed is $38,870,000. Each Download Credit is valued as at 9/6/09. The Promoter takes no responsibility for any variations in value.
If Download Credits are unavailable for any reason, the Promoter will, in its absolute discretion, substitute alternative goods or services of no lesser retail value and/or specification. The Promoter accepts no other liability or responsibility for any loss incurred by a winner or any other party if a Download Credit is unavailable for any reason.
A right to submit a Download Claim is not transferable or exchangeable and cannot be taken as a monetary payment
If for any reason the conduct or operation of the Promotion is interfered with or disrupted in any way (including by vandalism, power failures, natural disasters, acts of God, civil unrest, strikes, computer bugs or viruses, tampering or technical failures), the Promoter reserves the right to cancel, terminate, modify or suspend or recommence the Promotion.
The Promoter assumes no responsibility for: (i) any error, omission, interruption, or delay in the operation or transmission of any communication sent to (or by) the Promoter or any participant in this Promotion, whether caused by problems with communication networks or lines, computer systems, software or internet service providers, congestion on any carrier network or otherwise, (ii) any theft, destruction or unauthorized access to, or alteration of such communications; (iii) any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Promotion; (iv) any incorrect or incomplete information which may be communicated in the course of the administering this Promotion (whether as a result of one of the foregoing causes or otherwise).
CAUTION: ANY ATTEMPT TO CAUSE DAMAGE TO ANY WEBSITE OR THE INFORMATION ON ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR TO OTHERWISE UNDERMINE THE FAIR AND LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE EVENT THAT ANY SUCH ATTEMPT IS MADE, WHETHER OR NOT THAT ATTEMPT RESULTS IN ANY SUCH DAMAGE, INTERFERENCE OR UNDERMINING.
To the full extent permitted by law, the Promoter and Sony, their associated companies and agencies and all those entities' personnel (the "Relevant Parties") exclude all liability for any loss (including any damage, claim, injury, cost or expense) which is suffered or incurred by any Eligible Purchaser in connection with the Promotion or downloads, including: (i) any indirect, economic or consequential loss; (ii) any loss arising from the negligence of a Relevant Party; (iii) any liability for personal injury or death.
If any provision of these conditions is unenforceable for any reason, it will be severed and the remaining provisions will remain in full force and effect.
Claimants' personal information will be collected by or on behalf of Sony to enable it to administer the Promotion and, if a Claimant consents, may be used by Sony or the Promoter to market their products and services to the Claimant. Persons may contact Sony by visiting http://www.bandit.fm/about/home to request access to, or corrections of, any of their collected personal information that is held by Sony. Persons may contact the Promoter by post at the address stated in condition 1] or by calling 1800 025 789 during business hours to request access to, or corrections of, any of their collected personal information that is held by the Promoter. If a Claimant does not provide accurate personal information the Promoter or Sony may determine that they are not eligible to receive a Download Credit.