SMSQUIZ TERMS AND CONDITIONS

1. By Opting in (participating) to this SMSQuiz service you will receive quiz questions at a rate of two dollars thirty five per question and answer. (per message pair)

2. These terms and conditions are the SMSQuiz Promotion Rules ("Rules") and apply to this promotion. By entering this Promotion, entrants agree to be bound by these Rules.

3. The Promotion is organized by Spikey Hair Pty. Ltd. of P.O. Box 77 Crows Nest NSW 1585 ("Spikey Hair") ABN 51 110 584 855.

4. Spikey Hair reserves the right to amend the Promotion or these Rules at any time. Any changes will be posted within these Rules. A copy of the Rules may also be obtained by sending a stamped addressed envelope to: SMSQuiz Rules, Spikey Hair Pty. Ltd, P.O. Box 77 Crows Nest NSW 1585.

5. In the event of any dispute regarding the Rules, conduct, results and all other matters relating to the Promotion, the decision of Spikey Hair shall be final and no correspondence or discussion shall be entered into.

Qualifying Entrants
6. To qualify to enter the Promotion participants must be resident in Australia and must have correctly answered all 10 questions sent to them by return SMS within 10 minutes of being sent the first question. If all 10 questions are answered correctly the participants will be eligible to join the "Superstar Playoff" round. The participants will receive by SMS a Unique Code and will be given a 1800 number to call. The participants then call the 1800 number, quote their mobile phone number and the unique code to register for the "Superstar Playoff" round. On the last business day of that month all people who have registered will be invited to participate in the "SuperStar playoff" round. All people registered will be sent another set of 10 questions simultaneously. The first participant to answer all 10 questions correctly wins $2,000.

7. Employees of Spikey Hair or any company involved in the Promotion, or any advertising agency or web company connected with Spikey Hair or any such person's subsidiary or associated companies, agents or members of their families or households, are not eligible to enter the Promotion. Spikey Hair reserves the right to verify the eligibility of all entrants.

8. By entering the Promotion, you hereby warrant that all information submitted by you is true, current and complete.

9. Spikey Hair assumes that by using its site and entering the Promotion (and you warrant that) either you have legal capacity to enter the Promotion and agree to the Rules (i.e. that you are of sufficient age and mental capacity and are entitled to be legally bound in contract) or your parents have consented to your entry of the Promotion and use of these Rules.

10. Spikey Hair reserves the right to disqualify any entrant for any reason what-so-ever especially if it has reasonable grounds to believe the entrant has breached any of these terms and conditions.

11. In the event that any entrant is disqualified from the Promotion, Spikey Hair in its sole discretion may decide whether a replacement contestant should be selected. In this event, any further entrant will be selected on the same criteria as the original entrant and will be subject to these Rules.

Promotion Entries .
12. Promotion entries must be made by 12.00 noon on the last business day of each month. Failure to do so will disqualify the entry.

13. Spikey Hair cannot accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorised access to entries, or entries lost or delayed whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes outside its control.

14. Spikey Hair reserves the right to send you marketing material in the future.

15. You agree to permit Spikey Hair to send free SMS messages to your mobile phone originating from any number or shortcode.

Prize
16. The Promotion Prize ("Prize") is A$2,000 payable by cheque or direct deposit.

17. The promotion is repeated each month with the closing date for each promotion being 12.00 noon on the last business day of each month.

18. The Prize winner will be the first person to correctly answer the 10 questions in the "Superstar Playoff" round. In all matters, the decision of the judge(s) and Spikey Hair shall be final and no correspondence or discussion shall be entered into.

19. The Prize winner will be notified via telephone. Return of any Prize notification as undeliverable or failure to reply within 28 days may result in disqualification and selection of an alternate winner. The promotion winner may be published on the Spikey Hair website (www.spikeyhair.com.au) or you can write to Promotion Prize Winner, Spikey Hair Pty. Ltd., P.O. Box 77 Crows Nest NSW 1585 Australia, requesting information about the Promotion winner including a self-addressed stamped envelope.

20. The Prize will be sent by registered post to the address nominated by the winner or banked into the bank account nominated by the winner.

21. The Prize is non-transferable. Spikey Hair reserves the right to substitute a Prize of equal or greater value at any time.

22. The Prize will not be awarded as a result of improper actions by or on behalf of any entrant.

Intellectual Property Rights
23. You hereby warrant that the information which you submit will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libelous, defamatory, obscene, indecent, harassing or threatening. If relevant, Spikey Hair reserves the right, but not the obligation, to screen, filter and/or monitor information provided by you and to edit, refuse to distribute or remove the same.

SMS Quiz
24. By sending the keyword to 19900007 you have opted in to become a participant in this Quiz and you agree to be charged via Premium SMS at a rate of $2.35 per question and answer. (per message pair)

25. You agree to receive SMS messages immediately after sending in the keyword to 19900007. Each time you correctly answer a question a new question will be sent to you.

26. To opt-out of this service send the word "STOP" to 19900007.

Liability
27. Spikey Hair cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the Promotion or as a result of accepting any Prize. Spikey Hair is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile telephone related to or resulting from participation or downloading any materials in the Promotion. Nothing shall exclude Spikey Hair's liability for death or personal injury as a result of its negligence.

Data Protection and Publicity
28. Spikey Hair reserves the right to use the first initial plus surname and postcode of the winner in any publicity.

29. You agree to let Spikey Hair send to you via email, SMS or any other medium, promotional or any other content any time in the future.

Jurisdiction
30. The Promotion and the terms and conditions of this agreement will be governed by NSW law.

How to contact us
31. You can contact us in relation to this Promotion by writing to Spikey Hair, P.O. Box 77, Crows Nest NSW 1585 or by email at info@spikeyhair.com.au