http://www.smoothfm.com.au/competition/leave-message-your-mum-win-great-prizes-endota-spa
Our Mums teach us a lot and Mother’s day is the perfect time to say thanks.
smoothfm and endota are giving you the chance to tell everyone just how much your mum means to you.
Leave your message telling us the life lessons learned from your Mum and you’ll be in the running to win a smooth spa experience for you and your Mum! Plus, there are daily prizes of an endota spa voucher worth $250.
Enter below, or call 1300 569 569 to leave your Message for Mum, then listen to the More Music Breakfast Show to see if you’ve won a daily prize.
An endota massage is more than a gift, give Mum an endota moment at your local endota spa.
Name of Promotion Messages For Mum Station and Station Website Smoothfm 95.3 (
www.smoothfm953.com.au and
www.smoothfm.com.au) Smoothfm 91.5 (
www.smoothfm915.com.au and
www.smoothfm.com.au)
Promoter
Smoothfm 91.5 Pty Ltd (ACN 110 000 596) of Level 2, 678 Victoria Street Richmond VIC 3121
Relevant State/s
NSW VIC
Entry Restrictions
Entrants and their companion/s must be 18 years of age or over.
The Promoter may require entrants to provide proof of age in a form acceptable to the Promoter. Should an entrant be unable to satisfy this requirement, the entrant will be ineligible for a prize. Minor Prize winners must be able to collect their Minor Prize from the Promoter’s premises. In order to be eligible for a Minor Prize, entrants must be able to receive a phone call from the Promoter (on their Personal Contact Number, as defined below) between 6.00am (AEST) and 9.00am (AEST) on weekdays between 27 April 2015 and 8 May 2015 (in accordance with the requirements outlined in the Entry Method). In order to be eligible for the Major Prize, entrants must be able to receive a phone call from the Promoter (on their Personal Contact Number, as defined below) between 9.30am (AEST) and 11.30am (AEST) on Monday 11 May, 2015 (in accordance with the requirements outlined in the Entry Method). Entrants must nominate a personal contact number being either a personal mobile number or home phone number (and not a business number) to be eligible for a prize (Personal Contact Number) . By entering the Promotion, an entrant grants the Promoter the right to call that entrant on their Personal Contact Number live on air. If the entrant does not answer their phone by the time that phone goes to a message bank, the entrant consents to the Promoter broadcasting that entrant's voicemail message including their full name and/or business name live on air. Each entrant acknowledges and agrees that their whole voicemail message may be broadcast on-air during the Promotion Period. Each entrant warrants that they have received all consents from third parties that may ordinarily answer their Personal Contact Number in the entrant's absence to be broadcast live on-air if that third party answers the relevant phone live on-air. If a third party answers an entrant's Personal Contact Number, that entrant will not be eligible for a prize as determined by the Promoter in its absolute and sole discretion. Where an entrant enters via the Phone Entry method outlined below, the maximum cost of a call to the promotion phone line is 55 cents (inc GST) except that higher rates may apply from mobile or public phones.
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By entering this promotion entrants: consent to the Promoter using their entries (or any materials submitted to the Promoter) in any manner the Promoter sees fit, including making copies of or publishing the whole or any part of an entrant’s entry and otherwise exploiting the entry and any rights in relation to the entry, to publicise this promotion or for any other purposes; and undertake to the Promoter that their entry is not, and its use by the Promoter will not be, in breach of any third party intellectual property rights. For the avoidance of doubt, an entrant’s name and entry may be broadcast on the Station and/or published on the Station Website (in the Promoter’s sole and absolute discretion). Broadcast or publication of entries does not mean that an entrant has been selected as a winner in this promotion, and that entrant may not be awarded a prize.
Promotion Period
The promotion begins at AEST 5.30am on Thursday 23 April, 2015. Entries into the promotion close at AEST 8.30am on Monday 11 May, 2015.
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Entry Method
Entry Methods Entrants may enter via both of the following methods: Phone Entry During the Promotion Period: a) entrants will be invited to call 1300 569 569 and leave a ‘Message for Mum’, stating their name, Personal Contact Number, their ‘life lesson learned’ from their Mum and stating a Mother’s Day message for their Mum (Mother’s Day Message).
Web Entry During the Promotion Period: a) entrants will be invited to visit the Station Website and complete the online entry form in the manner required, including by providing their contact details (including their Personal Contact Number), their ‘life lesson learned’ from their Mum and stating a Mother’s Day message for their Mum (Mother’s Day Message). Each entry submitted will be individually reviewed by representatives of the Promoter based on the Judging Criteria.
NSW Minor Prize Judging
Each weekday between 27 April 2015 and 8 May 2015 between 6.00am (AEST) and 9.00am (AEST) the Judges (in their sole and absolute discretion) will:
a) select the one (1) entrant (who is a resident of NSW) judged to have submitted the ‘best’ entry based on the Judging Criteria (in the Promoter’s sole and absolute discretion) from all valid entries submitted by 6.00am (AEST) that weekday during the Promotion Period (each, a Selected Entrant);
b) contact the Selected Entrant (in the absolute and sole discretion of the Promoter) by telephone on their Personal Contact Number; c) the Selected Entrant must answer their telephone within 5 rings or before their telephone goes to message bank (whichever time period is shorter); d) if the Selected Entrant successfully answers their telephone in accordance with clause (c) above and successfully shares their Mother’s Day Message live on air (as determined by the Promoter in its sole and absolute discretion), the Selected Entrant will be deemed a winner and awarded a Minor Prize; e) if a Selected Entrant does not successfully answer their telephone in accordance with clause (c) above or if their telephone is turned off, engaged or they are unreachable for any reason, or they fail to successfully share their Mother’s Day Message, the Promoter may (in its sole and absolute discretion) contact the Selected Entrant from NSW who submitted the next ‘best’ entry (based on the Judging Criteria, in the Promoter’s sole and absolute discretion) and contact that Selected Entrant by telephone (on their Personal Contact Number). This process will be repeated until a Selected Entrant successfully answers their phone in accordance with clause (c) above, shares their Mother’s Day Message live on air and is awarded a Minor Prize.
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Victoria Minor Prize Judging
Each weekday between 27 April 2015 and 8 May 2015 between 6.00am (AEST) and 9.00am (AEST) the Judges (in their sole and absolute discretion) will:
a) select the one (1) entrant (who is a resident of Victoria) judged to have submitted the ‘best’ entry based on the Judging Criteria (in the Promoter’s sole and absolute discretion) from all valid entries submitted by 6.00am (AEST) that weekday during the Promotion Period (each, a Selected Entrant);
b) contact the Selected Entrant (in the absolute and sole discretion of the Promoter) by telephone on their Personal Contact Number; c) the Selected Entrant must answer their telephone within 5 rings or before their telephone goes to message bank (whichever time period is shorter); d) if the Selected Entrant successfully answers their telephone in accordance with clause (c) above and successfully shares their Mother’s Day Message live on air (as determined by the Promoter in its sole and absolute discretion), the Selected Entrant will be deemed a winner and awarded a Minor Prize; e) if a Selected Entrant does not successfully answer their telephone in accordance with clause (c) above or if their telephone is turned off, engaged or they are unreachable for any reason, or they fail to successfully share their Mother’s Day Message, the Promoter may (in its sole and absolute discretion) contact the Selected Entrant from Victoria who submitted the next ‘best’ entry (based on the Judging Criteria, in the Promoter’s sole and absolute discretion) and contact that Selected Entrant by telephone (on their Personal Contact Number). This process will be repeated until a Selected Entrant successfully answers their phone in accordance with clause (c) above, shares their Mother’s Day Message live on air and is awarded a Minor Prize.
Major Prize Judging
On Monday 11 May 2015 between 9:30am (AEST) and 11:30am (AEST) the Judges (in their sole and absolute discretion) will:
a) select the one (1) entrant judged to have submitted the ‘best’ entry based on the Judging Criteria (in the Promoter’s sole and absolute discretion) from all valid entries submitted during the Promotion Period (Selected Entrant);
b) contact the Selected Entrant (in the absolute and sole discretion of the Promoter) by telephone on their Personal Contact Number; c) the Selected Entrant must answer their telephone within 5 rings or before their telephone goes to message bank (whichever time period is shorter); d) if the Selected Entrant successfully answers their telephone in accordance with clause (c) above and successfully shares their Mother’s Day Message live on air (as determined by the Promoter in its sole and absolute discretion), the Selected Entrant will be deemed a winner and awarded the Major Prize;
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e) if the Selected Entrant does not successfully answer their telephone in accordance with clause (c) above or if their telephone is turned off, engaged or they are unreachable for any reason, or they fail to successfully share their Mother’s Day Message, the Promoter may (in its sole and absolute discretion) contact the Selected Entrant who submitted the next ‘best’ entry (based on the Judging Criteria, in the Promoter’s sole and absolute discretion) and contact that Selected Entrant by telephone (on their Personal Contact Number). This process will be repeated until a Selected Entrant successfully answers their phone in accordance with clause (c) above and is awarded the Major Prize.
For the avoidance of doubt, Minor Prize winners will be eligible for the Major Prize. An entrant does not need to have been awarded the Minor Prize to be eligible for the Major Prize.
For the avoidance of doubt, the Promoter may contact entrants (off air) at any time during the Promotion Period and ask an entrant to record their entry (including their Mother’s Day Message). An entrant’s name and entry may be broadcast on the Station and/or published on the Station Website (in the Promoter’s sole and absolute discretion). Broadcast or publication of entries does not mean that an entrant has been selected as a winner in this promotion, and that entrant may not be awarded a prize.
Maximum Number of Entries
One (1) entry per person, per day during the Promotion Period (via either Phone Entry or Online Entry). For the avoidance doubt, entrants may only win one (1) Minor Prize and one (1) Major Prize each. Judging All valid entries will be individually judged by representatives of the Promoter at the Promoter’s premise. All valid entries will be judged based on the Judging Criteria. The Minor Prize Winner/s will be notified in accordance with the Notification of Winners information set out below. Judging Criteria Each valid entry will be individually judged (by representatives of the Promoter) based on emotion, entertaining, content and suitability for radio. Prize Details NSW Minor Prize Winners There are up to ten (10) Minor Prizes to be won by residents of NSW, as follows: - One (1) x endota spa voucher, valued at up to $250 (incl GST) (each, a Minor Prize). Victorian Minor Prize Winners There are up to ten (10) Minor Prizes to be won by residents of Victoria, as follows: - One (1) x endota spa voucher, valued at up to $250 (incl GST) (each, a Minor Prize). All vouchers are valid until the voucher expiry date as specified on the voucher or by the provider of the voucher. Vouchers are subject to the conditions stipulated by the provider of the voucher. Major prize: There is up to one (1) Major Prize to be won, as follows: One (1) x ‘smooth spa experience’ for the winner and a companion
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including; - one (1) x 5 hour ‘The Royal Treatment’ Spa Package for the winner and their companion, including: o billabong footbath; o body exfoliation & clay wrap; o massage; o facial; o manicure; o pedicure;
- one (1) lunch for two people at a restaurant specified by the Promoter (in its sole and absolute discretion); - transport for the winner and their companion from the Major Prize winner’s ordinary residential address to the endota spa, transport to lunch, and transport returning to the Major Prize winner’s ordinary residential address; and - one (1) x smoothfm gift hamper, valued at up to $4,100 (inc GST).
Major Prize Terms and Conditions
- ‘smooth spa experience’ redeemable at the endota spa outlet closest to the Major Prize Winner’s ordinary residential address. - ‘smooth spa experience’ valid for 12 months from the date of winning, and subject to the conditions stipulated by any prize provider. - ‘smooth spa experience’ may be redeemed Monday to Saturday (including late nights), but is not valid on Sundays or public holidays. - ‘smooth spa experience’ subject to availability. - Not redeemable or exchangeable for cash or product. - All components of the ‘smooth spa experience’ must be taken at the same time. Any component of the prize not taken will be forfeited. Winner and their companion must take part in the prize together at all times. - Cancellations after booking is confirmed will result in forfeiture of ‘smooth spa experience’.
Total Prize Pool Up to $9,100 (inc GST) Notification of Winners Winners will be notified: - via email; - via telephone; - on air at the time of winning; and - on the Station Website, by AEST 1pm on Monday 11 May, 2015. Prize Claim Date and Time Prize/s must be claimed by AEST 5pm on Wednesday 12 August, 2015. Prize Delivery The Minor Prizes will be available for collection by the winner from the Promoter’s premises. The Promoter will contact the winner when their prize is ready for collection. The Major Prize will be arranged by a representative of the Promoter.
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Trade Promotion: Game of Skill Terms of Entry 1 These Terms of Entry must be read together with the Schedule for this promotion. The Schedule defines certain terminology used in these Terms of Entry. By entering, entrants accept these Terms of Entry. To the extent of any inconsistency between the Schedule and these Terms of Entry, the Schedule prevails. For the avoidance of doubt, the Promoter’s General Terms of Entry (available on the Station Website) do not apply to this promotion. 2 Entry is open only to residents of the Relevant State/s who comply with the Entry Restrictions (if any). Directors, officers, management, employees and other staff (and the immediate families of directors, officers, management, employees and other staff) of the Promoter or of its related bodies corporate, or of the agencies or companies associated with this promotion or of any Australian commercial radio broadcaster are ineligible to enter. 3 An entrant who has won prizes to the value of $10,000 or more, in any promotion(s) run by the Promoter (or any related bodies corporate) in the previous six (6) months prior to their entry in this promotion is ineligible to enter this promotion and any entry will be deemed invalid, in the Promoter’s absolute and sole discretion. 4 The promotion will be conducted during the Promotion Period. 5 To enter the promotion, entrants must follow the Entry Method during the Promotion Period. 6 Entries must be received by the Promoter during the Promotion Period. Entrants may submit up to the Maximum Number of Entries. Multiple entries (where permitted) must be submitted separately and must independently comply with these Terms of Entry. 7 The Promoter accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over communications networks or services, the Internet, or computer or telephone networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. Any form of automated entry using any device or software is invalid. Entries are deemed to be received at the time of receipt by the Promoter not at the time of transmission by the entrant. 8 If this promotion involves SMS entry, the maximum cost of each SMS is 55 cents (inc GST) and entries must be submitted from the entrant’s mobile phone. SMS entry is only open to entrants with an SMS compatible mobile phone with calling line identification connected to a service provider which permits text and premium messaging to and from the promotional SMS number. Entrants should check with their network service provider to see if their mobile phone is compatible. Entrants under the age of 18 must obtain the bill payer’s permission prior to entering. The Promoter’s service provider is Salmat Digital Pty Ltd (helpline: 1300 131 276). 9 If this promotion involves entry via a promotion phone line, the maximum cost of a call to the promotion phone line is 55 cents (inc GST) except that higher rates may apply from mobile or public phones. Entrants under the age of 18 must obtain the bill payer’s permission prior to entering.
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10 Costs associated with accessing any Station Website remain an entrants responsibility and may vary depending on Internet Service Provider used. 11 This is a game of skill; chance plays no part in determining the winner/s. Each valid entry will be individually judged (by representatives of the Promoter) based on the Judging Criteria. 12 The judges' decisions are final and no correspondence will be entered into. 13 All entries and materials submitted to the Promoter in connection with this promotion (in any form, including without limitation in hard copy or electronic form), become the property of the Promoter and each entrant warrants that it has the right to transfer these things to the Promoter. Each entry must be the entrant’s original work. By entering this promotion entrants: (a) consent to the Promoter using their entries or materials in any manner it sees fit, including making copies of or publishing the whole or any part of their entry and otherwise exploiting the entry and any rights in relation to the entry, to publicise this promotion or for any other purposes; (b) undertake to the Promoter that their entry is not, and its use by the Promoter will not be, in breach of any third party intellectual property rights; (c) expressly consent pursuant to the moral rights provisions of the Copyright Act 1968 (Cth) to the Promoter having unfettered right to treat their entry in any manner at its sole discretion, to alter their entry in any manner and to the Promoter not attributing authorship of their entry to the entrant; and (d) will, at the Promoter’s reasonable request and at the Promoter’s cost, at all times do all things (including signing all documentation) necessary to give full effect to the requirements of this clause. 14 By entering this promotion, an entrant consents to their voice, name, location and any other information submitted to the Promoter being broadcast on air and/or published online, and each entrant consents to the content of their entry being broadcast on air and/or published online. 15 The prize/s will be awarded to the valid entrant or entrants (as applicable) which best meet the Judging Criteria, as determined by the judges, in accordance with the Prize Details. Entries that, in the Promoter’s judgment, contain offensive, defamatory or otherwise objectionable or inappropriate material or that infringe any third party rights (including intellectual property rights) will be invalid. This includes, but is not limited to, any entry which the promoter considers to be disparaging to its products and/or services or is otherwise not in keeping with the spirit of the promotion. The decision by the Promoter to accept or reject an entry is in the Promoter’s sole discretion and no correspondence will be entered into. Once an entry is submitted, entrants acknowledge that the entry may not be withdrawn, altered or deleted (except as and where required by the Promoter). 16 If the promotion involves a challenge as described in the Challenge Details (the Challenge), the Challenge will be conducted in accordance with the Challenge Details on the Challenge Date at the Challenge Location. If an entrant participating in the Challenge is deemed, by representatives of the Promoter, to have completed the Challenge successfully within the time period specified by the Promoter (where applicable), and in accordance with any other criteria specified in the Schedule or by the Promoter, they will receive a prize as described in the Prize Details. Unless otherwise specified, entrants are responsible for making their own way to and from the Challenge Location to participate in the Challenge. If the Challenge Location is specified to be an
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“entrant’s home” or similar, the entrant warrants that the address nominated by the entrant is the address where the entrant lawfully and usually resides and that the entrant has authority to allow persons access to the home and the land on which it is situated. The entrant consents to the Promoter and any other persons as required by the Promoter accessing and entering the home and the land, for the duration of the Challenge and for any period before or after the Challenge, as reasonably required for the purposes of the Challenge. Unless the contrary intention appears, a reference in these Terms of Entry to the word “person” includes an individual, a firm, a body corporate, a partnership, a joint venture, an unincorporated body or association, or any government agency or entity. 17 The prize/s are specified in the Prize Details. The total prize pool is specified in the Total Prize Pool section of the Schedule. 18 Where a prize includes international or domestic travel, the prize cannot be taken during peak periods or any travel ‘blackout’ periods applying, and must be booked and completed as specified by the Promoter and/or the supplier or organiser of the prize. If the prize is event based, travel must be taken to coincide with the relevant event on the dates specified by the Promoter. Any flights and accommodation constituting part of a prize are subject to booking and availability. All costs associated with a travel prize which are not specified to be included in the prize, including but not limited to any transfer costs, meals, taxes, insurance and all other ancillary costs, are the responsibility of the winner and their companion/s (if any). The winner and any travelling companion/s are responsible for ensuring that they have all necessary travel insurance and documents to travel to the relevant place (including a current passport and visas, if required). The Promoter is not responsible for any cancellation, delay or rescheduling of flights and any costs incurred as a result (including, without limitation, accommodation costs) will be the sole responsibility of the winner. Where a prize includes international travel, winners are advised to consult their healthcare professional regarding recommended immunisations and/or health checks prior to travelling and to check for travel warnings and any perceived hazards with appropriate authorities, including
www.dfat.gov.au. 19 If the prize includes any vehicle (Vehicle), including a motor vehicle/motorcycle/motor scooter/boat or any other vehicle, the prize does not include any insurance or accessories not specified. If a winner of a Vehicle is under the age of 18 years, the prize will be awarded to the winner’s parent or guardian. The winner or his or her parent or guardian (as the case may be) (Deemed Winner) is responsible for arranging their attendance at the premises nominated by the Promoter to collect the Vehicle. The Deemed Winner must provide all information and sign all documentation necessary to enable the Promoter to register the Vehicle in the name of the Deemed Winner prior to collection. To be eligible to claim the Vehicle, the Deemed Winner must be capable of obtaining registration of the Vehicle in his or her name in accordance with any applicable legislation in the Relevant State in which the Vehicle is collected. If the Deemed Winner is, through any legal incapacity or otherwise, unable to register the Vehicle in his or her name then he or she may assign the Vehicle to another person with legal capacity for the purpose of registration of the Vehicle. 20 Where a prize involves the winner: (a) attending an event, if any part of the event is abandoned, called off, varied or postponed for any reason, then at the Promoter’s discretion, the relevant winner (and their companion/s, if applicable) forfeits all rights to attend the relevant event and no cash or alternative tickets will be substituted for that element of the prize; and/or
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(b) meeting or attending a function with a celebrity or other public figure, the Promoter will not be liable for the failure of the winner (and their companion/s, if applicable) to meet that person or failure of that person to attend the function, for whatever reason. 21 If the prize includes vouchers, all vouchers are valid until the voucher expiry date as specified on the voucher or by the provider of the voucher. Vouchers are subject to the conditions stipulated by the provider of the voucher. If the total value of a voucher is not used at the time of redemption, a new voucher may (subject to the conditions stipulated by the provider) be issued for the remaining amount. Any such further voucher is valid for the remainder of the original voucher expiry period. Vouchers cannot be redeemed for further vouchers. 22 If the prize includes tickets, all tickets are valid for the date or period as indicated on the tickets. Tickets are subject to the conditions stipulated by the provider of the tickets. 23 If a winner of a prize is under the age of 18 years (where entry by persons under 18 is permitted), the Promoter may, at its discretion, award the prize to the winner’s parent or guardian (who is aged over 18 years). 24 The Promoter may, at its discretion, require any person taking any prize to be 18 years of age or over, or if a person is under the age of 18, require that that person be accompanied by a parent or legal guardian while taking the prize. 25 The Promoter may in its absolute discretion prohibit an entrant’s participation in this promotion, cancel a prize or otherwise cease to provide any benefit of a prize to a winner and their companion/s if the entrant or the winner (or their companion/s), in the opinion of the Promoter, is under the influence of alcohol or any other drug, behaves aggressively or offensively, or behaves in a manner which may diminish the good name or reputation of the Promoter, any of its related bodies corporate or any of its promotional partners (or of the business of the Promoter, any of its related bodies corporate or any of its promotional partners), is contrary to law or is otherwise inappropriate. 26 The Promoter encourages consumers to enjoy alcohol responsibly. Legal aged consumers are advised to consider the safe drinking levels recommended in the National Health and Medical Research Council Australian Alcohol Guidelines. A full version of the Guidelines is available at
http://www.alcoholguidelines.gov.au/. 27 Entrants must, at the Promoter’s request, participate in all promotional activity (such as publicity and photography) surrounding this promotion or the winning of any prize, free of charge, and sign any additional documents reasonably required by the Promoter to give effect to this condition. An entrant consents to the Promoter and its related bodies corporate using the entrant’s name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the promotion (including any outcome) and any Challenge, taking or using any prize and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter. 28 If an entrant is unable to or refuses or fails to take part in any element of this promotion (including, without limitation, a Challenge forming part of this promotion), or a winning entry is deemed not to comply with these Terms of Entry, the Promoter reserves the right to discard that entrant’s entry and proceed as if that entrant had not entered the promotion. 29 The winner/s will be notified as stated in the Notification of Winners section of the Schedule.
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30 If any prize is not claimed by the Prize Claim Date and Time, the relevant winner’s entry will be deemed invalid and the Promoter reserves the right to award the relevant prize/s to the next best valid entry or entries (as applicable) which meet the Judging Criteria, as determined by the judges, that has not already received a prize. If a prize is no longer capable of being redeemed, the new winner/s will receive a prize, as determined by the Promoter, of equivalent value (as if the original prize had been awarded to that person, less any administrative expenses incurred by the Promoter). 31 Entrants acknowledge that there may be inherent risks in some aspects of the promotion, including without limitation any Challenge involved in this promotion or the prize, and that participation in the promotion and/or using the prize may involve participating in dangerous activities. By entering this promotion and/or accepting the prize, entrants accept that risk. 32 In order to participate in this promotion, any Challenge and/or the activities which may be awarded as part of the prize, the winner (and their companion/s, as applicable) must comply with applicable height, weight, health, fitness, skill, balance, dexterity and any other requirements normally associated with the particular activity. It is the entrant’s responsibility to ensure that they (and their companion/s, as applicable) are sufficiently healthy and fit so as to safely participate in this promotion, any Challenge and/or undertake the activities awarded as part of the prize. The Promoter reserves the right to deem that an entrant/winner (or their companion/s, as applicable) is not sufficiently healthy or fit. The entrant/winner must comply with all requirements and directions of the people responsible for the conduct of the relevant activity and must ensure that their companion/s also comply, if applicable. 33 If requested by the Promoter, any entrant or winner (and their companion/s, if applicable) (or if an entrant, winner or companion is aged under 18 years, their parent or guardian) must sign an indemnity and exclusion of liability form (provided by the Promoter) in favour of all parties involved in this promotion and/or providing the prize prior to undertaking any specified activities forming part of the promotion or prior to taking a prize. If any entrant, winner, nominated companion or parent/guardian (if applicable) do not sign the indemnity form provided by the Promoter within the time requested by the Promoter, the relevant entrant’s or winner’s entry or claim will be deemed invalid. Where an entry or claim is deemed invalid, the Promoter reserves the right to determine a new winner in accordance with paragraph 15 or 16 (as applicable). 34 Prizes and participation in this promotion is subject to any conditions imposed by the supplier or organiser of the prize, as applicable. 35 The Promoter and its associated agencies and companies will not be liable for any direct or indirect loss (including, without limitation, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this promotion or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law). Applicable manufacturers and/or distributors should be contacted in regards to all prize warranty claims. 36 Without limiting the previous paragraph, the Promoter and its associated agencies and companies will not be liable for any damage to or delay in transit of prizes. Prizes will be provided by the Promoter to the winner/s as stated in the Prize Delivery section of the Schedule. 37 Entrants can only register in their own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to enter and participate in the promotion and all
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entries of an entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the sole discretion of the Promoter, be deemed invalid. The Promoter may require the winner/s to provide (within the requested time) identification as requested by the Promoter including (without limitation) proof of identity, proof of age and proof of residency (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the entrant’s identity, age, residential address, eligibility to enter, participate and claim a prize, and any information submitted by the entrant in entering and participating in the promotion, before issuing the prize (including confirming consent of an entrant’s parent or legal guardian and the name, age and address of the parent or legal guardian that gave their consent, where an entrant is under 18 years of age). Identification considered suitable for verification is at the Promoter’s discretion. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an entrant has not been verified or validated to the Promoter’s satisfaction, then any and all entries of that entrant will be ineligible and deemed invalid. 38 If due to any reason whatsoever the Promoter becomes aware after an entrant has won a prize that the entrant has not complied with these Terms of Entry, that entrant will have no entitlement to the prize, even if the Promoter has announced them as a winner and that entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the prize. 39 The Promoter reserves the right to verify the validity of any and all entries. The Promoter may, in its sole discretion, disqualify any or all entries from, and prohibit further participation in this promotion by, any person who: (a) tampers with or benefits from any tampering with the entry process or with the operation of the promotion; (b) acts in violation of these Terms of Entry; (c) acts in a disruptive manner; (d) acts with the intent to annoy, abuse, threaten or harass any other person; or (e) engages in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved. 40 This prize must be taken as offered and cannot be varied. No prize is transferable or exchangeable, nor can it be redeemed for cash (unless otherwise indicated). In the event for any reason a winner does not take an element of any prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be supplied for that element of the prize. The Promoter accepts no responsibility for any variation in prize value. Where a prize is unavailable for any reason, the Promoter may substitute for that prize another item of equal or higher value as determined by the Promoter. Without limiting the foregoing, the Promoter may, in its absolute discretion, substitute cash for any prize (the amount of cash being equal to the prize value specified in the Prize Details). 41 Without limiting paragraph 35, the Promoter and its associated agencies and companies make no warranties or representations about the fitness for purpose or suitability of any prize and will not accept responsibility for the quality or fitness for any purpose of any prize, or the failure of any prize to be of merchantable quality. If liability under terms implied by legislation cannot be excluded, the liability of the Promoter and its associated agencies and companies is limited to re-supplying the relevant goods or services or paying the cost of replacing them. 42 If for any reason any aspect of this promotion is not capable of running as planned for any reason beyond the reasonable control of the Promoter, including, but not limited to, by reason of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, telephone network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or anything which corrupts or affects the
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administration, security, fairness, integrity or proper conduct of this promotion, the Promoter may, in its sole discretion, cancel, terminate, modify or suspend the promotion, invalidate any affected entries and/or, if necessary, provide an alternative prize to the same value as the original prize. 43 Without limiting any other paragraph, the Promoter may at its sole discretion amend any aspect of this promotion or of these Terms of Entry from time to time, subject to applicable laws in each Relevant State. 44 The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. Where the operation of this promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values. 45 Each entrant must ensure that any other person whose personal details have been provided by the entrant to the Promoter for the purposes of the entrant’s participation in this promotion has given their implied or express consent for their details to be provided to the Promoter and any of its related bodies corporate and to be contacted by the Promoter or any of its related bodies corporate in relation to this promotion. 46 The Promoter collects and stores Personal Information about an entrant on its databases to include the entrant in a promotion and, where appropriate, award prizes. If the Personal Information requested is not provided, the entrant cannot enter the promotion and is deemed ineligible. The Promoter may disclose entrant’s personal information to its Australian related companies, promotional partners, contractors and agents to assist in conducting this promotion or communicating with entrants. A entrant also agrees that the Promoter may, in the event the entrant is a winner, publish or cause to be published the entrant’s name and locality in any media. An entrant can gain access to, update or correct any Personal Information held by the Promoter by contacting the Promoter’s Privacy Officer at the Promoter’s address as stated in the Schedule. All Personal Information will be stored at the office of the Promoter or by its data storage providers. A copy of the Promoter’s Privacy Policy in relation to the treatment of Personal Information collected may be accessed on the Promoter’s website at
www.novaentertainment.com.au/privacy. 47 The Promoter will provide to the entrant, at time of entry into the promotion, a collection statement that details the Personal Information being collected, the purpose of its collection and how it will be shared with third parties. The collection statement will comply with the Promoter’s disclosure obligations under the Privacy Act 1988 (Cth) as amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth). By entering and participating in the promotion in the manner required, entrants agree to the collection and disclosure of their Personal Information in accordance with the collection statement. 48 By entering this promotion, an entrant also acknowledges that a further primary purpose for collection of the entrant’s 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 the entrant in the future with direct marketing materials, including information on special offers or to advise the entrant of the Promoter’s other programs, products, services, events or activities that the Promoter believes the entrant may be interested in, via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future. The
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Promoter may share information with trusted third parties who may contact the entrant with special offers in this way where the entrant has provided their consent at the time of entry. By registering in the promotion, an entrant acknowledges and agrees that the Promoter may use the entrant’s Personal Information in the manner set out in this condition. 49 Unless the contrary intention appears, a reference in these Terms of Entry or the Schedule or in any advertisement relating to this promotion to Australian dollars, dollars, AUD$ or $ is a reference to the lawful currency of Australia. 50 Where this competition is communicated and/or conducted via a social media platform (including, but not limited to, Facebook, Instagram and/or Twitter), entrants acknowledge that use of social media platforms generally is subject to the prevailing terms and conditions of use of the social media platform (including, but not limited to, Facebook, Instagram and/or Twitter). The promotion is in no way sponsored, endorsed or administered by, or associated with, any social media platform (including, but not limited to, Facebook, Instagram and/or Twitter). The winner and their companion(s) (if any) are solely responsible and liable for the content of their entries and/or posts and any other information they transmit to other Internet users. To the extent permitted by law, the winner and their companion(s) (if any) agree to indemnify, defend and forever hold harmless any and all social media platforms (and their associated agencies and companies) (including, but not limited to, Facebook, Instagram and/or Twitter) used in conjunction with this promotion, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by the winner and their companion(s) (if any) in respect of the winner’s and their companion(s)’ (if any) participation in the promotion and any prize. Any questions, comments or complaints about the promotion must be directed to the Promoter and not to any social media platform used in conjunction with this promotion (including, but not limited to, Facebook, Instagram and/or Twitter). Entrants understand that they are providing their information to the Promoter and not to any social media platform (including, but not limited to, Facebook, Instagram and/or Twitter).
51 Where a prize includes an Apple product, entrants acknowledge that Apple is not a participant in or sponsor of this promotion.
“Personal Information” means, for the purpose of the Privacy Act 1988 (Cth) as amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth), information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not.
Australian Competitions Club
