Win mega cash - "I Wake Up With Today"

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NINE NETWORK AUSTRALIA
MEGA CASH GIVEAWAY
(“THE COMPETITION”)
CONDITIONS OF ENTRY (“THE RULES”)
Information on how to enter and prizes form part of these Conditions of Entry. Entries not
completed in accordance with the Conditions of Entry or received after close of entry will not be
considered. Incomplete or inaudible entries will be disregarded. The Promoter’s decision in
relation to any aspect of the promotion is final and binding on every person who enters. No
correspondence will be entered into.
By entering the Mega Cash Giveaway (“the Competition”), you are agreeing to the following terms
and conditions:
1. Entry is open to all persons of Australian residence, except for employees of the
Promoter, Salmat Digital Pty Ltd and their immediate families, and all companies and
agencies associated with this promotion. Entrants under the age of 18 years old must
have prior consent to enter from their parent or Legal Guardian.
REGISTRATION PROCESS
2. The Competition commences at 05:30 AEST on Sunday 8th June 2014 and final entries
close at 22:50 AEST on Thursday 26th June 2014. Each draw will take place at Salmat
Digital Pty Ltd, 116 Miller Street, North Sydney NSW 2060 at 23:00 AEST on the date
stipulated in Table A. Lines will remain open between 0530 AEST on Sunday 8th June
2014 and 22:50 AEST on Thursday 26th June 2014. Any entries received after a
particular Draw Period has closed will be entered into the next Draw Period. All winners
will be notified in writing and will be published in the Australian newspaper on the dates
stipulated in the table below.
3. There are two ways of registering for the Competition:
a. 1-90 Call: Participants can call and register their full name, address and a
telephone number they will be able to be contacted on during the time stipulated
in Table A to 1902 555 901 Maximum 1-90 entry cost per message is 55c
including GST. Calls from mobiles and pay phones may attract a higher rate. 190
Service Provider is Salmat Digital Pty Ltd.
b. SMS: Participants can text their full name, and suburb during the time stipulated
in Table A to 199 55 901. Participants only need to submit a phone number that
they can be contacted on if it differs from the mobile phone they entered the
competition on. Maximum SMS entry cost per message is 55c including GST.
The SMS entry mechanic is only open to consumers with a SMS compatible
mobile phone connected to a service provider which permits text messaging to
the promotional SMS number. It is recommended that entrants check with their
individual service provider in this regard. Premium SMS Service Provider is
Salmat Digital Pty Ltd. Helpline number 1300 131 276.
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4. Multiple competition entries are permitted, subject to the following: (a) only one entry
permitted per SMS message or 190 call; and (b) each entry must be submitted separately
and in accordance with the entry requirements.
5. If an entry has been drawn once that entrant will not be eligible to be drawn again during
the Promotional Period. In the event that such entrant is drawn again, the entry will be
deemed invalid. Only one (1) person per phone number entered will be eligible to win.
6. For the removal of doubt, all un-drawn entries will be carried over into the subsequent
Draw Periods.
7. The promoter is neither responsible nor liable for late, lost, misdirected, incomplete or
inaudible entries.
TABLE A – Promotion Schedule
Draw
Period
Close Time
AEDST
Close Date Winners
Drawn Time
AEDST
Winners
Drawn Date
Winner calls (1 call)
made during the
Today show
broadcast between
0530 – 0900 AEST
Publication
date in the
event of
winners
1 22:50 15/06/14 23:00 15/06/14 16/06/14 19/06/14
2 22:50 16/06/14 23:00 16/06/14 17/06/14 19/06/14
3 22:50 17/06/14 23:00 17/06/14 18/06/14 26/06/14
4 22:50 18/06/14 23:00 18/06/14 19/06/14 26/06/14
5 22:50 19/06/14 23:00 19/06/14 20/06/14 26/06/14
6 22:50 22/06/14 23:00 22/06/14 23/06/14 26/06/14
7 22:50 23/06/14 23:00 23/06/14 24/06/14 26/06/14
8 22:50 24/06/14 23:00 24/06/14 25/06/14 03/07/14
9 22:50 25/06/14 23:00 25/06/14 26/06/14 03/07/14
10 22:50 26/06/14 23:00 26/06/14 27/06/14 03/07/14
SELECTION OF WINNERS
8. All phone calls to entrants will be made during the live broadcast of the Today Show on
the date stipulated in Table A. For draw periods 1 through 9 inclusive, the Promoter will
randomly draw two (2) entrants from all valid entries registered in the Draw Period. Two
entrants will be called each day. All drawn entrants will be called during the live broadcast
on the dates stipulated within Table A for their chance to win.
9. For Draw Period 10, the Promoter will randomly select fifteen (15) entrants from all valid
entries registered in the Draw Period and record the order in which entries were drawn.
Two (2) entrants will be called the following broadcast day (as stipulated in Table A) for
their chance to win. In the event that the first two (2) in this period are not valid winners,
then the Promoter will call the remaining 13 entrants in the order they were drawn and
recorded to ensure that all remaining monies are awarded. In the event this process does
not result in all monies being awarded, they will be awarded in the unclaimed prize draw
as set out in Condition 32.
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10. The Promoter reserves the right to draw additional reserve entries (and record them in
order), in the event that an invalid entry is drawn or an entrant drawn is ineligible.
11. An entrant (except residents of SA, due to SA legislation) is limited to being drawn once
during the course of the Competition.
12. Promoter will call the randomly drawn entries, in the order they were drawn and recorded,
and via their fixed line telephone and/or mobile telephone number from which their entry
was originally received. In the event that within their entry, the entrant stipulates a
different number from which their entry was originally received, this number will be used
to call the entrant. If the entrant called satisfies Condition 14 they will be confirmed as the
prize winner for that Draw Period.
13. To be a valid winner:
a. The entrants called must answer this call within five (5) rings.
b. Upon answering the call, the entrants must state “I Wake up with Today” (or
alternative phrase as deemed suitable by the Promoter in its absolute discretion).
c. If a representative of the initial entrant answers the fixed line telephone and/or
mobile telephone number from which the entry was originally received, and fulfills
the criteria by answering with “I Wake up with Today” that representative also
has a right to win on behalf of, and subject to the agreement with, the original
entrant as deemed suitable by the Promoter in its absolute discretion. In this
event, both the representative and the entrant are deemed entrants and clause
11 applies to both the entrant and the representative.
d. The person must answer the phone live when called. No recording devices
including but not limited to answering machines will be accepted.
The final decision in determining whether or not an entrant has answered the phone in a
manner in which deems them valid to be considered a winner, will remain at all times with
the Promoter and will be determined by the Executive Producer of the Today Show or his
nominated representative on the day. No correspondence will be entered into. The
Promoter advises that the entrant take care in preparing to answer the call correctly
(including but not limited to ensuring that the entrants’ phone is close within reach at all
times). For the removal of doubt, the Promoter is neither responsible nor liable for any
loss or damage suffered in the event that the entrant is unable to correctly answer the call
as required.
14. If the entrant does not qualify as outlined above in Condition 13, that entrant will not be a
valid winner. In this case, the major prize that was available for this person will be
forfeited and will go into the next prize pool for the next drawn entrant.
15. In the event that any of the Today Show programs are changed delayed or cancelled, the
winner announcements that were scheduled for that broadcast will be carried out in the
next show broadcasted during the promotional period.
16. The Promoter reserves the right to request that winners provide proof of identity.
Identification considered suitable for verification is at the discretion of the Promoter.
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17. It is a condition of participation that a winner will be required to sign legal releases in any
form to be determined by the Promoter at its absolute discretion.
PRIZES
18. In each draw two (2) entrants will have the opportunity to win a minimum of $10,000. Any
monies that are not won during any Draw Period will be added to the next Draw Period.
The minimum prize value per Draw Period is $10,000 and the maximum prize value for
the final Draw Period will be $200,000 (for the removal of doubt the maximum prize value
would only be awarded if no valid winners were determined during Draw Periods 1
through 9).
19. The maximum total prize pool available is $200,000.
20. Cash prizes will be awarded in the form of a cheque made in favour of the winner. Prizes
are not transferable or exchangeable. Any prizes won by a contestant will be sent to their
last known address within 28 days of broadcast of the episode of the program.
GENERAL
21. In the event of unforeseen circumstances, war, terrorism, state of emergency or disaster
(including but not limited to natural disaster)the Promoter reserves the right to subject to
reference to all relevant state and territory rules and regulations, to cancel, terminate,
modify or suspend the promotion.
22. If a medical circumstance in some way restricts your ability to enter the competition
through the required mechanic, you are still eligible to enter however you must briefly
state your circumstances upon entry.
23. In the event that for any reason whatsoever the prize winner does not take the prize or an
element of the prize at the time stipulated by the Promoter, then the prize or that element
of the prize will be forfeited by the prize winner and cash will not be awarded in lieu of the
prize or that element of the prize.
24. All prizes must be taken as offered. Prizes, or any unused portion of a prize, are not
transferable or exchangeable. Prizes are valued in Australian dollars. The Promoter
accepts no responsibility for any variation in the prize value. Prize winners are advised
that tax implications may arise from their prize winnings and they should seek
independent financial advice prior to acceptance of their prize.
25. By entering the promotion via SMS an entrant consents to the Promoter using the their
personal details for the purposes of sending one (1) mobile terminated (MT) reply
message which includes a confirmation of your entry in the promotion.
26. If the winner is under the age of 18 years, the prize will be awarded to the winner’s parent
or legal guardian on behalf of the winner. It is the responsibility of the winner’s
parent/legal guardian to prove their parental status/ legal guardianship at the time of
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winner notification. In the event that for any reason whatsoever a person/s mistakenly
represents themselves to be a winners parent and/or legal guardian, then that person will
be liable for all costs associated with relocating and/or re-awarding the prize (including
but not limited to and administrative fees incurred by the Promoter). Where relevant., the
Promoter is only responsible for ensuring that the prize is awarded to a person who is
either a parent or legal guardian of the winner. The Promoter is not responsible for
determining any other delivery details or taking direction that relates to any ongoing
family law negotiations and/or determinations. These are the responsibility of the winner
and their respective parent/s and/or legal guardian/s.
27. It is a condition of accepting a prize that the winner agrees to be interviewed,
photographed and filmed at any time during the acceptance of the prize by the Promoter
or their agents for a story or feature on this promotion to be developed and featured on
the Nine Network (or any other form of media it deems suitable) without further
remuneration or reference to the participant. Details may feature on Nine Network on a
date to be determined by the Promoters. The inclusion of any such feature (including but
not limited to creative control of the feature) will remain with the Promoter at all times.
28. Participants must ensure that all care is taken when dialing or sending messages to the
promotional number. It is the complete responsibility of the participant to ensure that they
dial or SMS the correct number, in the event that an error occurs the Promoter accepts
no responsibility for either, costs incurred, responses received or all other consequences.
This is the responsibility of the participant.
29. The use of any automated entry software or any other mechanical or electronic means
that permits the entrant to automatically enter repeatedly is prohibited and will render all
entries submitted by that entrant invalid.
30. The Promoter and/or the program producer reserve the right, to terminate any entrant’s
call if, in their sole discretion, they believe that the entrant is being in any way impolite,
abusive or offensive and to prohibit any such entrant from future entry to the Promotion
during the entire promotional period. Any such entrant’s prior entries to the competition
will also be deemed invalid.
31. The Promoter reserves the right to verify the validity of entries (including but not limited to
verifying an entrant’s age) and to disqualify any entrant who tampers with the entry
process (including but not limited to tampering by way of the utilisation of techniques
designed to avoid the payment of call costs or the utilisation of automated entry software)
or who submits an entry that is not in accordance with these conditions of entry. Failure
by the Promoter to enforce any of its rights at any stage does not constitute a waiver of
those rights.
32. Subject to all the requirements under any relevant state and territory regulations and any
written directions from any regulatory authority, the Promoter may conduct such further
draws at the same place as the original draws as are necessary at 1000 AEST on
Monday, 6th October 2014 in order to distribute any prizes unclaimed by that date. In
the event of any winners of prizes valued at over $250, the winners will be notified in
writing and their names will be published in The Australian on Thursday, 9th October
2014.
33. It is a condition of entry that all entrants agree acknowledge that by virtue of participating,
their voices may be recorded and put live on air during The Today show program and
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consent to such recording and airing. Further, entrants agree that they may be
interviewed, photographed and/or filmed at any time during their participation in the
promotion. Entrants acknowledge that although there is no obligation upon the Promoter
to use such recording(s), images or footage, if the Promoter elects to do so, the winner
consents to the Promoter using their name, image, likeness and/or voice in any media for
the purpose of promoting this competition, (including any outcome), The Today show
program or the Promoter itself, for an unlimited period of time without remuneration.
34. The Promoter is not responsible for any incorrect or inaccurate information, either caused
by the phone user or for any of the equipment or programming associated with or utilised
in this competition, or for any technical error, or any combination thereof that may occur
in the course of the administration of this competition including any omission, interruption,
deletion, defect, delay in operation or transmission, communications line or telephone,
mobile or satellite network failure, theft or destruction or unauthorised access to or
alteration of entries.
35. If this competition is not capable of running as planned due to any reason whatsoever,
including but not limited to, programming changes, technical failures (either in the
administration of the promotion or the broadcast of the television program), unauthorised
intervention, fraud or any causes beyond the control of the Promoter which corrupt or
affect the conduct, administration, security, fairness or integrity of the promotion, the
Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law
and subject to any written directions given by a regulatory authority, to: (a) modify,
suspend, terminate or cancel the promotion; and/or (b) disqualify any entrant, as
appropriate, including banning an entrant from participating in future promotions
conducted by the Promoter, for any reason including, but not limited to, behaving in any
manner that is, as determined by the Promoter in its absolute discretion, deemed to be
inappropriate or contrary to any broadcast codes, regulations or any applicable laws
including mentioning or promoting any product, service, venture or item or using
inappropriate language or saying anything that may in the producer's reasonable opinion
be abusive, rude, threatening, offensive, harmful or hurtful to any other third party.
36. 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 conditions of entry; (e) any tax liability incurred by a winner or entrant;
(f) participation in the promotion and/or (g) redemption of the prize.
37. The Promoter accepts no responsibility for any SMS messages not received by the
Promoter or delays in the delivery of the SMS message due to technical disruptions or for
any other reason. An entry will only be counted as being received when it has been
received by the Promoter’s software system, not when it was sent from the handset.
38. Entry details remain the property of the Promoter. Entrants’ personal information will be
collected by the Promoter for the purpose of conducting and promoting this Competition
(including for the purpose of identifying and notifying winners). Without limiting the
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