1. Information on how to enter and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is open to all residents of Australia and New Zealand. Employees and their immediate families of Vivendi Games Australia Pty Ltd (the "Promoter") and its associated parties are ineligible to enter the promotion. "Associated parties" include without limitation, the agents and contractors of the Promoter that are involved in: (a) the promotion (including without limitation its development and conduct); and (b) the manufacture or distribution (up to the retailers) of the Promoter's products (including without limitation the manufacture of packaging). "Immediate family" means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
3. Promotion commences at 12.01am AEST 12/05/08 and finishes at 11.59pm AEDST on 11/11/08 ("Promotional Period").
4. To be eligible to enter, individuals must purchase one (1) of the specially marked Crash Bandicoot or Spyro the Dragon game titles (the "Game(s)") during the Promotional Period. Only specially marked titles bearing a promotional sticker are eligible Game(s) for the purpose of this promotion. Game(s) include: Crash® Tag Team Racing Platinum PlayStation®2, Crash® Tag Team Racing PSP™, Crash® The Wrath of Cortex Platinum PlayStation®2, Crash® Boom Bang! Nintendo DS™, Crash® Twinsanity® Platinum PlayStation®2, Crash Nitro Kart® Platinum PlayStation®2, Spyro™ Shadow Legacy® Nintendo DS™, Spyro™: Enter the Dragonfly Platinum PlayStation®2, The Legend of Spyro™: A New Beginning Nintendo DS™, The Legend of Spyro™: A New Beginning Platinum PlayStation®2, Spyro™: A Hero's Tail Platinum PlayStation®2, Crash® of the Titans PlayStation®2, Crash® of the Titans PSP™, Crash® of the Titans XBOX 360®, Crash® of the Titans Nintendo DS™, Crash® of the Titans Nintendo Wii™, The Legend of Spyro™: The Eternal Night PlayStation®2, The Legend of Spyro™: The Eternal Night Nintendo DS™ and The Legend of Spyro™: The Eternal Night Nintendo Wii™.
5. To enter, individuals must visit www.crashandspyro.com.au, enter the 8-digit unique code from the promotional sticker on the Game package (the "Unique Code") and the security number found on the Game disc or cartridge (the "Game Code") along with their personal details (as prompted) during the Promotional Period.
6. Multiple entries permitted, subject to the following: (a) only one entry permitted per specified purchase requirement; (b) each Unique Code may only be used once along with the corresponding Game Code to receive one entry; and (c) each entry must be submitted separately and in accordance with the stated entry requirements.
7. 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. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
8. Entrants must retain their original promotional sticker(s) bearing the Unique Code used to enter for all entries as proof of purchase. Failure to produce the proof of purchase for all entries when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an entrant's entries and forfeiture of any right to a prize.
9. Entries received each day (based on Sydney Local Time) from 12/05/08 and 11/11/08 inclusive, will be entered into the draw for that day, which will take place on the following week day, excluding any NSW public holidays. All non-winning entries from each day will rollover into any subsequent draws. The draws for entries received on a Saturday or Sunday or on a NSW public holiday will take place on the following week day. The draws will take place at 9am Sydney Local Time at 30Thirty, Level 2, 50 Yeo Street, Neutral Bay NSW 2089 each week day from 13/05/08 until 12/11/08 inclusive, excluding public holidays.
10. The first valid entry drawn in each draw will win a 1 (one) Crash and Spryo 'Hero Rated' Limited Edition wheels as stated on the website that will be given away in the draw for that day. The Promoter in its absolute discretion will determine which Crash and Spyro 'Hero Rated' Limited Edition wheels are given away. Crash and Spyro 'Hero Rated' Limited Edition wheels consist of: (a) a Hero Rated skateboard made for Vivendi by Omni valued at RRP$250; (b) a Hero Rated Razor Scooter valued at $124; (c) a Hero Rated Razor Ripstik Casterboard valued at RRP$292; and (d) an Armadillo Lowrider valued at RRP$650 each. There are 184 prizes in total to be given away, one (1) prize per draw. The 184 prizes consist of: (a) 65 x Skateboards; (b) 65 x Razor Scooters; (c) 27 x Lowriders; and (d) 27 x Razor Ripstiks. Each winner will also be given a helmet valued at RRP$35. The Promoter recommends that each winner use helmets and appropriate safety equipment at all times when using prize.
11. The winners will be notified by phone and mail and their name will be published in The Australian on 09/06/08 (for draws 1 to 25), 04/07/08 (for draws 26 to 51), 30/07/08 (for draws 52 to 76), 25/08/08 (for draws 77 to 101), 17/09/08 (for draws 102 to 126), 13/10/08 (for draws 127 to 151), 06/11/08 (for draws 152 to 176), 14/11/08 (for draws 177 to 184). The Promoter's decision is final and no correspondence will be entered into.
12. Prizes are not exchangeable or redeemable for cash and cannot be transferred.
13. Total prize pool value is RRP AUD$56,184.00 (incl. GST). Prize value is correct at the time of printing. The Promoter accepts no responsibility for any variation in the value of any prize.
14. Each daily prize winner will receive their prize within 6 weeks from receipt of winner's delivery address and confirmation of winner's eligibility.
15. If the winner of any prize is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian.
16. If for any reason a winner does not redeem the prize at the time stipulated by the Promoter, then the prize will be forfeited.
17. If any prize is unavailable, the Promoter in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
18. Entrants will automatically be entered into the second chance draw in order to distribute any unclaimed prizes. In the event there are any unclaimed/forfeited prizes a redraw will take place at 11:00am AEST on 11/03/09 at Level 2, 50 Yeo Street, Neutral Bay NSW 2089, subject to any written directions given under the Lottery and Gaming Regulation 1993 (SA). Winners in the unclaimed prize draw will be notified by telephone and mail or email within seven (7) days of the draw and must claim their prize as instructed in the notice within ten (10) days of such notification. Winners will be published in The Australian on 18/03/09.
19. To the extent permitted by law, the Promoter's liability in relation to this promotion and/or any of the prizes is limited to the cost of replacement of any benefit or prize won. This is not intended to affect statutory remedies under the Trade Practices Act 1974.
20. The Promoter is not responsible for any technical malfunctions or problems with internet or network congestion, including injury or damage to a participant's or any other person's computer related to participation in this promotion and problems with transmission of entries over the internet.
21. The Promoter does not accept responsibility for late, lost, misdirected entries or entries sent but not received by Promoter.
22. The Promoter's decision is final and no correspondence will be entered into.
23. Entry details remain the property of the Promoter.
24. The Promoter and its associated agencies and companies will take no responsibility for prizes lost or damaged in transit.
25. 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.
26. Any cost associated with accessing the promotional website is the entrant's responsibility and is dependent on the Internet service provider used.
27. The use of any automated 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.
28. 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 a prize.
29. It is a condition of accepting the prize, that the winner (or their parent or guardian if the winner is under 18 years of age) may be required to sign a legal release and an indemnity in a form determined by the Promoter.
30. Personal information is collected by Promoter for the purposes of running this promotion. This personal information may be disclosed to and used for the purposes of this promotion, and, if you "opt in" to receive marketing material from Promoter, for future marketing and publicity purposes. This personal information may also be disclosed by Promoter to third party service providers. The personal information may also be disclosed to third parties to determine whether an entrant has breached these Terms and Conditions and to comply with regulatory requirements. You consent to Promoter so using and disclosing your personal information. Please contact the Promoter if you wish to access, correct or update the information.
31. The Promoter is: Vivendi Games Australia Pty Ltd of Level 2 Pier 8/9, 23 Hickson Road, Millers Point NSW 2000. ABN 680 095 595 547.
32. Authorised under NSW Permit No LTPS/08/02779, ACT Permit No TP08/01155, SA T08/1242, VIC Permit No 08/1284.

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