WizQuiz ‘Chance to Win $50,000’

Terms & Conditions

1. Entry into this competition via SMS is deemed acceptance of these Conditions of Entry by each entrant.
2. Entry is via SMS only. Entry must be made via SMS (premium call rate applicable) using SMS (short messaging service) enabled mobile phones. Some service providers and call plans may not provide access to premium SMS. Entrants must check with their service provider if unsure.
3. Entry into a given competition is only open to residents of Australia aged 18 years and over who are identified as having a clear relationship with the end mobile device (evidenced entrants entering by SMS message originating from an MSISDN identifying the entrant).
4. The competition commences at 12.01pm 31st Dec 2008 and concludes on Jan 1st 2009 at 11:59pm. The winner will be determined in accordance with Condition 7. Winner will be notified by telephone and SMS to the number that their entries were submitted from and their details will be published on www.WizQuiz.com.au. If the winner is not reached after the Promoter makes two attempts to contact him/her or within a 48 hour period (whichever is later), the Promoter will allocate the prize to the eligible entrant deemed to be in second place (in accordance with Condition 7). If the Promoter is unable to contact that eligible entrant after the Promoter makes two attempts to contact him/her or within a 48 hour period (whichever is later), the Promoter shall contact the eligible entrant deemed to be in third place (and so on) in accordance with the above stated process until a winner is contacted and prize is issued. Promoter’s decision is final and no correspondence will be entered into.
5. The competition consists of 1 question. To enter the competition, eligible entrants (entrants are those who belong to Wiz Quiz Subscription Service) must, during the advertised competition period, receive the question via WAP link.
6. By submitting a response to the Promoter in the manner referred to in Condition 5, an eligible entrant commences the competition. On receipt of the answer submitted by the eligible entrant, the Promoter will immediately send the eligible entrant a response, advising whether their answer was correct or incorrect.
7. The eligible entrant who answers the question correctly by the close time on the close date of the competition and is deemed to have submitted the answer the “fastest” will be deemed the winner. To determine which eligible entrant has submitted the “fastest”, the Promoter will add the response times of eligible entrants for all responses submitted in the competition period. The eligible entrant with the lowest total (being the lowest cumulative response time) will be deemed to have the “fastest response” and therefore be deemed the winner. In the event of a ‘tie’ (a tie definition is when more than 1 entrant responds the fastest in the same amount of time) the promoter will send an additional question to the eligible entrants (those in the tie) and the faster response to this question will be deemed the winner. In the event that this does not determine one winner, all those who are still deemed as being tied will each be given the chance to win the major prize.
8. All answers submitted by eligible entrants must be in the required SMS format. Any answers submitted by entrants that are not in the required SMS format will be deemed invalid. The Promoter will advise eligible entrants what the required SMS format for their response will be each time the Promoter poses a trivia question to an eligible entrant.
9. SMS messages must be sent from a mobile phone handset and be identified by a MSISDN for security reasons (unique mobile SIM number) to be eligible. Any form of automated entry using the Internet or any other device or software is invalid.
10. Cost to answer the question is a Standard SMS rate may apply, with a maximum of $0.25 cents for the answer given). Reply SMS messages (MT message informing if correct or incorrect) from the service will be at NO cost. Entries must be received by the Promoter during the advertised applicable competition period. SMS entries will be deemed to be accepted at the time of receipt and not at the time of transmission.
11. Entrants can only enter in their own name. The Promoter reserves the right to request the winner to produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the winners’ identity, age, residential address, eligibility to enter and claim a prize, that the entrant obtained the consent of their parent/legal guardian (where applicable) to enter the competition, the age, identity and residential address of the parent/legal guardian that provided their consent, that the entrant has a clear relationship with the end mobile device used to enter via SMS and any information submitted by the winner in entering the competition, before issuing a prize. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or the winning entry has not been verified or validated to the Promoter’s satisfaction within the time requested, the winner’s entry will become invalid.
12. Major prizes: Each eligible entrant who submits an entry into this promotion in accordance with the entry requirements set out above will also be eligible to win the major prize. The major prize winner will be determined as the fastest correct answer to the WizQuiz $50,000 Cash Giveaway. The winner will win the chance to participate in the “Event” (as listed below) a. One (1) opportunity for the winning eligible entrant to participate in the “Win $50,000 event” (“Event”). Details regarding the Event are as follows: 
(i) The Event will take place at Oxygen Interactive Marketing, 2 – 6 Glenferrie Road Malvern VIC 3144 at 10.00am on the 14th January 2009. If the winning eligible entrant’s usual residential address is outside the State of Victoria, the Promoter will provide the winning eligible entrant with one (1) adult return economy airfare to Melbourne from the nearest Australian capital city airport closest to their ordinary residential address (including airfare related taxes and charges), 1 night accommodation (standard single room) at the Novotel St Kilda and transfers to and from the airport, accommodation and Event so the winning eligible entrant can participate in the Event. The flights and accommodation are valued at up to $1,000.00 (Recommended Retail Price including GST, depending on point of departure) All other costs including meals, beverages, laundry services, additional spending money, transport to and from departure point, taxes (including applicable arrival and departure taxes), insurance, travel insurance and all other ancillary costs not expressly provided, as well as obtaining any of these, are the responsibility of the winning eligible entrant. Any passes, tickets or vouchers issued by the Promoter are also subject to prevailing terms and conditions of use.(ii) There will be 250 numbered envelopes on display at the commencement of the Event. At the Event, the winning eligible entrant will be given one (1) chance to pick one envelope from 250, for the chance to win a $50,000 AUD. 249 of the envelopes will contain cheques for $2,000 AUD. One envelope will contain a cheque for $50,000 AUD. The winning eligible entrant shall win the cash prize contained in the envelope he or she (or his/her proxy, as stated below) selects. The odds of the winning eligible entrant winning the $50,000 AUD is 1:250.(iii) In the event that winning eligible entrant cannot attend the Event, the winning eligible entrant may appoint a proxy (over 18 years of age) to attend and participate in the Event on the their behalf, provided that the winning eligible entrant gives the Promoter written notice to that effect before the Event. The proxy may be required to sign a legal release in a form determined by the Promoter in its absolute discretion. All cheques will be payable to the winner only and will be delivered to the winner and not to the proxy. Alternatively, the winning eligible entrant may opt to participate in the Event via telephone whereby they will select a number between 1 and 250 inclusive and a representative of the Promoter will select the envelope bearing that number on their behalf. If selecting the envelope in person, the winning eligible entrant (or proxy, if applicable) must choose an envelope without handling or touching or interfering in any way with any of the other envelopes on display. If the winning eligible entrant (or proxy, if applicable) is found to have breached this condition, they will be disqualified. The Event shall be overseen and scrutinised by a representative of the insurance company. The judges’ decision is final and no correspondence will be entered into.(iv) The prize won by the entrant will be paid by bank cheque into a bank account held in the winners name within 14 days of the Event.
13. Total maximum prize value is up to $51,000.00 (Recommended Retail Price including GST, depending on point of departure) Prizes are not transferable or exchangeable and cannot be taken as cash unless otherwise stated in these conditions. Any unused portion of a prize is non-transferable, non-refundable and non-redeemable for other goods or services and cannot be taken as cash. Any tickets, vouchers or passes issued as part of a prize which remain unused after the expiry date stated on the tickets, vouchers or passes shall be deemed null and void. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. The Promoter accepts no responsibility for prizes lost or damaged in transit.

14. The Promoter will issue prizes directly to the winner by way of cheque or money order (at the Promoter’s discretion). The Promoter accepts no responsibility for prizes lost in transit.


15. If for any reason any element of a prize becomes unavailable for any reason beyond Promoter’s control then a similar prize element of equal or greater value will be awarded to the winner in lieu.
16. Entrants can opt out of this competition at any time at maximum cost of $0.25 by sending an SMS with the word “STOP” to 19990026 or 19966664, by contacting the Helpline on the number below or by logging on to www.WizQuiz.com.au and accessing the “support” section of the website. By doing this, entrants will opt out of this competition and any other service offered on 19990026. Consumers may call the competition help line on 1300 730 368 for queries regarding opting out of this competition and queries regarding this premium service.
17. The Promoter will issue an entrant a refund of its costs to enter a competition where competition mechanics or voting conditions are altered in a material way prior to entry and reasonable steps have not been taken to advise that entrant of those changes. Refunds shall be by way of credit to the entrant’s service account or by cheque (as determined from time to time by the Promoter).
18. The Promoter and its associated agencies and companies and its employees, servants and agents shall not be liable for any loss (including, without limitation, indirect or consequential loss), damage, personal injury or death which is suffered or sustained (including but not limited to that arising from any person's negligence) in connection with taking the prize or using the prize, except any liability that cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
19. SMS is not a guaranteed delivery communication tool. The Promoter and the service provider cannot accept responsibility for any SMS messages not received.
20. The Promoter reserves the right to verify the validity of entries and reserves the right to disqualify any entrant for tampering with the entry process or for submitting an entry which is not in accordance with these Conditions of Entry, or if the entrant is engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the competition. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

21. The Promoter is not responsible for any problems or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a mobile network, or any combination thereof, or any other technical failures including any damage to entrant's or any other person's mobile handset or computer related to, or resulting from, participation in this competition or the downloading of any materials related to this competition.


22. If for any reason this competition is not capable of running as planned because of infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any other causes beyond the reasonable control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this competition, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the competition, subject to any applicable legislation, industry codes or schemes.

23. The Promoter will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this competition if the deficiency is occasioned by any cause outside the reasonable control of the Promoter.
24. 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.

25. Caution: any attempt to cause malicious damage or interference with the normal functioning of the SMS applications, any Promoter’s website or the information on the website, or to otherwise undermine the legitimate operation of this competition may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these conditions of entry or any other legal obligation by an entrant, the entrant agrees to indemnify the promoter for those losses, damages and costs.


26. Entrants consent to the Promoter using the entrant's name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period of time without remuneration or compensation for the purpose of promoting, publicising or marketing this competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter. The winners agree to participate in all reasonable promoted activities in relation to the Competition as requested by the Promoter and its agents.

27. All trivia questions, entries and any copyright subsisting in the trivia questions and entries become and remain the property of the Promoter. The Promoter collects personal information about entrants to include entrants in the competition and where appropriate award prizes. If the personal information requested is not provided, the entrant may not participate in the competition. By participating in the competition, each entrant also acknowledges that a further primary purpose for collection of entrants’ personal information by the Promoter is to enable the Promoter to use the information to assist the Promoter in improving goods and services and to contact entrants in the future with information on special offers or provide entrants with marketing materials via any medium including mail, telephone and commercial electronic messages. The Promoter may share information with its Australian related companies and promotional partners who may contact entrants with special offers in this way. By entering the competition, each entrant agrees that the Promoter may use entrants’ personal information in this manner. Each entrant also agrees that the Promoter may publish or cause to be published the winner’s name, and locality in any media and upon the Promoter’s website. Entrants can also gain access to, update or correct any personal information by contacting the Promoter by Telephone: 1300 730 368; or email: support@WizQuiz.com.au. All personal information will be stored at the office of the Promoter. A copy of the Promoter’s Privacy Policy in relation to the treatment of personal information collected may be obtained by contacting the Promoter.

28. The Promoter is WizQuiz Pty Ltd (ACN 127 627 089). Suite 321, 125 Oxford Street, Bondi Junction NSW, 2022.