Australian Competitions Club

(http://images.b105.com.au/2012/06/25/773452/212x80-JB-Believe.jpg)

Get ready for a severe case of Bieber Fever, Australia

JUSTIN BIEBER is no stranger to inciting pandemonium wherever he goes and his whirlwind Australian visit will be no exception.

Coming to you from a super secret location this LIVE + INTIMATE gig will be the hottest ticket in town. Wanna be there?

All you’ve got to do is fill in the entry form that pops up when you like the Hot30 Countdown Facebook page here, and tell us in 50 words or less tell us why you BELIEVE you should be there?

http://www.b105.com.au/win/hot30-justin-bieber

TERMS AND CONDITIONS

ITEM 1: PROMOTION NAME
JUSTIN BIEBER – BELIEVE – LIVE & INTIMATE
(the “Promotion”)
ITEM 2: PERMIT NUMBER
N/A
ITEM 3: PROMOTER
The promoter is (jointly and severally where applicable) Southern Cross Media Australia Pty Ltd (ABN 78 109 243 110) trading as:
2DAY FM of Level 15, 50 Goulburn Street, Sydney NSW 2000
FOX FM of 257 Clarendon St, South Melbourne VIC 3205
B105 of William Jolly Place, 309 North Quay, Brisbane QLD 4000
SAFM of 128 Greenhill Road, Unley SA 5065
Hot FM Mackay - Level 3, Suite 3, 123 Victoria Street, Mackay, QLD, 4740 Hot FM Cairns - 68 Abbott Street, Cairns, QLD, 4870 Hot FM Townsville - 9 Martinez Avenue, The Lakes, Townsville, QLD, 4812 Hot FM Emerald - 21 Esmond Street, Emerald, QLD, 4720 Hot FM Mareeba - 175 A Byrnes Street (PO Box 665) Mareeba QLD 4880 Hot FM Mt Isa - 67 West St Mount Isa QLD 4825 Hot FM Roma – 35 McDowall Street, Roma Qld 4455 Hot FM Rockhampton - 110 Victoria Pd, ROCKHAMPTON, Qld, 4700 C-FM Kingaroy - 26 Alford St QLD 4610 C FM Darling Downs - 104-106 Margaret Street, Toowoomba, QLD, 4350 Sea FM Sunshine Coast - Level 2, 43 Plaza Parade, Maroochydore, QLD, 4558 Sea FM Gold Coast - Level 2, 12-14 Marine Parade, Southport, QLD, 4215 Sea FM Central Coast - 49 Henry Parry Drive, Gosford, NSW, 2250 Star FM Albury - Level 1, 540 Swift Street, Albury, NSW, 2640 Star FM Coffs Harbour - 2 Peterson Road, COFFS HARBOUR, NSW, 2450 Star FM Griffith - 161 Remembrance Drive, 161 Remembrance Dr, Griffith, NSW, 2680 Star FM Dubbo - Suite 3, Level 1 47-59, Wingewarra Street, DUBBO, NSW, 2830 Star FM Port Macquarie - 19 Short Street, Port Macquarie, NSW, 2444 Star FM Wagga Wagga - Lake Albert Road, Wagga Wagga, NSW, 2650 Star FM Bendigo - Lily Street, BENDIGO, Vic, 3550 Star FM Mildura - 6/739 Fifteenth Street, Mildura, VIC, 3500 Star FM Shepparton - 625 Wyndham Street, SHEPPARTON, Vic, 3630 Star FM Mt Gambier - 46 Commercial Street West, Mt Gambier, SA, 5290 Hot FM Bunbury - Spencer Street, Bunbury Hot FM Esperance – 8 William St Esperance WA 6450 Hot FM Albany - 171 York St Albany WA 6330 Hot FM Bridgetown –78 Giblett Street, Manjimup, WA 6258 Hot FM Kalgoorlie - 89 Egan St Kalgoorlie WA 6430 Hot FM Kataning – 121 Clive St Katanning WA6317 Hot FM Merredin - 1 George St Merredin WA 6415 Hot FM Northam - 125 Fitzgerald St Northam WA 6401 Hot FM Narrogin -19 Fortune Street, Narrogin, WA 6312 Hot FM Gladstone 65 Central La Gladstone QLD 4680
Heart 107.3, 75 Liverpool St, Hobart, Tasmania 7000.
SeaFM Hobart, 75 Liverpool St, Hobart, Tasmania 7000.
Consolidated Broadcasting System (WA) Pty Ltd (ABN 17 008 670 460) trading as:
92.9 FM of 450 Roberts Road, Subiaco WA 6008
Canberra FM Radio Pty Ltd (ABN 46 074 733 823) trading as:
FM 104.7 of Bellenden St, Gungahlin ACT 2912
Radio Newcastle Pty Ltd (ABN 570 002 25 525) trading as:
NXFM of 252 Pacific Highway, Charlestown NSW 2290
Resonate Broadcasting Pty Ltd (ACN 101 455 074) trading as: Hot FM Charters Towers of 21 Ryan St, Charters Towers, QLD, 4820
(the “Promoter”)
(together with each of its Related Bodies Corporate which holds a commercial radio broadcasting licence for a station listed above, the “Promoter”).
Related Bodies Corporate has the meaning given to it under the Corporations Act 2001 (Cth).
ITEM 4: WEBSITE
www.hot30.com
www.2dayfm.com.au/shows/hot30
www.fox.com.au/shows/hot30
www.b105.com.au/shows/hot30
www.safm.com.au/shows/hot30
www.929.com.au/shows/hot30
(the “Website”).
ITEM 5: PROMOTION REGISTRATION DATES AND TIMES
Registrations will open at 5.00pm on Monday 25 June 2012 (AEST) and will close at 4.00pm Thursday 12 July 2012 (AEDT).
(“Registration Period”).
The Promoter reserves the right to amend the Registration Period at its sole discretion.
ITEM 6: PROMOTION CONTESTING DATES AND TIMES
Contesting will occur between 7.30pm – 10.15pm (AEST) from Tuesday 26 June 2012 to Friday 13 July 2012.
(“Promotional Period”).
An individual day during the Promotional Period is known as a “Contesting Day”.
The Promoter reserves the right to amend the Promotional Period at its sole discretion.
ITEM 7: ENTRANT RESTRICTIONS
Entry is available to listeners of participating stations and permanent residents of:
- NSW
- Victoria
- Queensland
- South Australia
- Western Australia
- ACT
- TAS
Entrants into this competition must be aged 13 years or over. Entrants aged under 18 during the Promotional Period, are considered to be a minor. Minors, entering this competition must do so with permission from their parent or legal guardian.
Any minors who are determined as a winner of the competition, will need to supply the Promoter with contact details of their parent or legal guardian. The Promoter must be able to obtain consent/approval from their parent, legal guardian to allow the minor to accept the prize, prior to it being awarded, and prior to them going to air on the Hot30 Countdown.
In the case that a minor is awarded a prize, their parent or legal guardian must accompany them at all times throughout prize fulfilment; which may or may not involve travel and event attendance. A guardian, for the purposes of this Promotion, is defined by the Promoter as a person over the age of 21, appointed to take full responsibility for the minor (“Guardian”).
Should a prize winner‟s guest be a minor, the Promoter must recieve permission from their parent, legal guardian for them to be under the supervision of the nominated Guardian during prize fufilment. [Either the winners parent, legual guardian or nominated guardian]
Prize winners of all ages, and their accompanying guests, will be required to complete and return to the Promoter:
- a non disclosure agreement regarding information they recieve from the promoter regarding the date/time/location of the intimate performance; and
- an indemnity and release form.
Individuals unable to provide the appropriate approvals as required will not be eligible to redeem the prize.
Entrants can enter as many times as they like however can only win one (1) major prize.
ITEM 8: METHOD OF ENTRY
Across the Registration period listeners will be encouraged to enter at www.hot30.com.
Listeners will gain access to the entry form by „liking‟ the Hot30 Countdown on Facebook. To enter the competition, listeners will be required to enter their personal details and answer the following question in fifty (50) words or less:
‘Tell us in fifty (50) words or less why you BELIEVE you should be at Justin Bieber’s Live & Intimate gig?’
The personal details include:
(a) Name
(b) Address
(c) Phone number
(d) Email address
(e) Date of Birth
(f) Gender
(“Entry”)
ITEM 9: JUDGING DETAILS
Across the Promotional Period as needed the Hot30 will judge the fifty (50) words or less entries and choose a selection of the most entertaining, original, creative humorous and suitable entrants to take part on air (“Contestants”).
The Hot30 team may call the Contestants on that Contesting Day between 12:00pm and 10:15pm (AEST).
The Competition will take place as follows:
Each night, the announcers will call the entrant judged to have the most entertaining, original, creative humorous and suitable entry in the fifty (50) words or less (“Contestant”). This Contestant will have the first attempt at taking part in the promotion.
Each night throughout the Promotional Period, two (2) representatives as nominated by The Promoter (e.g. announcers) will make a statement about Justin Bieber however only one (1) statement will be true.
The Contestant will be required to correctly identify which representative has told the truth to go onto the standby list for the weekly major prize.
If the contestant does not correctly identify the representative telling the truth, they will not be placed on the standby list and the Promoter may choose another Contestant who has the next most entertaining, original, creative humorous and suitable entry in the fifty (50) words or less answer and award them with the opportunity to play.
The first person to correctly identify the truthful statements will go onto the standby list for the major prize (“Finalist”). Any contestant who does not correctly identify the answer will not have the opportunity to win the major prize.
A maximum of one (1) contestant will go on the standby list per night between Monday 18 June 2012 and Friday 22 June 2012 (“Finalist”).
Statements may change for each contestant at the discretion of the Promoter.
All decisions are at the discretion of the Promoter and no correspondence will be entered into.
The Hot30 team may contact a maximum of (10) ten of the Daily Contestants to participate on air each night.
Week 1 – WC 25 June 2012
A maximum of one (1) contestant will go on the standby list per night between Tuesday 26 June 2012 and Thursday 28 June 2012 (“Finalist”).
All contestants who have been placed on the standby list from Tuesday, Wednesday & Thursday will have their fifty (50) words or less entry answers judged by the Hot30 team and the most most entertaining, original, creative humorous and suitable entrants will win the major prize – no other contestants will win a prize.
Week 2 – WC 2 July 2012
A maximum of one (1) contestant will go on the standby list per night between Monday 2 July 2012, Tuesday 3 July 2012, Wednesday 4 July 2012 & Thursday 5 July 2012 (“Finalist”).
All contestants who have been placed on the standby list from Monday, Tuesday, Wednesday & Thursday will have their fifty (50) words or less entry answers judged by the Hot30 team and the most entertaining, original, creative humorous and suitable entrants entry out of these will win the major prize – no other contestants will win a prize.
Week 3 – WC 9 July 2012
A maximum of one (1) contestant will go on the standby list per night between Monday 9 July 2012, Tuesday 10 July 2012, Wednesday 11 July 2012 & Thursday 12 July 2012 (“Finalist”).
All contestants who have been placed on the standby list from Monday, Tuesday, Wednesday & Thursday will have their fifty (50) words or less entry answers judged by the Hot30 team and the most entertaining, original, creative humorous and suitable entrants will win the major prize – no other contestants will win a prize.
All decisions are at the complete discretion of the Promoter and no correspondence will be entered into in this regard.
ITEM 10: DRAW DETAILS
N/A
ITEM 11: PRIZE DETAILS
There will be a maximum of three (3) prizes awarded. Each prize will consist of one (1) of the following items:
If the Prize winner is from QLD, ACT, VIC, SA, WA, TAS and under the age of 18, each prize will consist one (1) of each of the following:
- Three (3) x return economy flights from winners Capital City to Sydney. Winner, guest and parent/guardian must be able to travel between the dates of Saturday 14 July 2012 – Wednesday 18 July 2012. Exact dates and times to be communicated to the prize winner off-air and upon receipt by the Promoter of the completed non disclosure agreement.
- One (1) x nights accommodation at a 4 star property for three (3) people.
- Return airport transfers in Sydney for three (3) people
- Three (3) x tickets to the Justin Bieber Intimate Gig at a date between Saturday 14 July 2012 – Wednesday 18 July 2012. Exact dates, times and the event location to be communicated to the prize winner off-air and upon receipt by the Promoter of the completed non disclosure agreement and signed indemnity and release.
- One (1) x Meet & Greet for two (2) people with Justin Bieber at the Intimate gig at a date between Saturday 14 July 2012 – Wednesday 18 July 2012. (Exact time and location will be disclosed to winners off-air).
Total Maximum Value: $2,500
OR
If the Prize winner is from QLD, ACT, VIC, SA, WA, TAS and 18 years or over, each prize will consist one (1) of each of the following:
- Two (2) x return economy flights from winners Capital City to Sydney. Winner and guest must be able to travel between the dates of Saturday 14 July 2012 – Wednesday 18 July 2012. Exact dates and times to be communicated to the prize winner off-air and upon receipt by the Promoter of the completed non disclosure agreement.
- One (1) x nights‟ accommodation at a 4 star property for two (2) people.
- Return airport transfers in Sydney for two (2) people
- Two (2) x tickets to the Justin Bieber Intimate Gig at a date between Saturday 14 July 2012 – Wednesday 18 July 2012. Exact dates, times and the event location to be communicated to the prize winner off-air and upon receipt by the Promoter of the completed non disclosure agreement and signed indemnity and release.
- One (1) x Meet & Greet for two (2) people with Justin Bieber at the Intimate gig at a date between Saturday 14 July 2012 – Wednesday 18 July 2012. (Exact time and location will be disclosed to winners off-air).
Total Maximum Value: $1,700
OR
If the Prize winner is from NSW and under the age of 18, each Prize will consist one (1) of each of the following:
- Three (3) x tickets to the Justin Bieber Intimate Gig at a date between Saturday 14 July 2012 – Wednesday 18 July 2012. Exact dates, times and the event location to be communicated to the prize winner off-air, upon receipt fo the completed non disclosure agreement and signed indemnity and release.
- One (1) x Meet & Greet for two (2) people with Justin Bieber at the Intimate gig at a date between Saturday 14 July 2012 – Wednesday 18 July 2012. (Exact time and location will be disclosed to winners off-air).
Total Maximum Value: Money Can‟t Buy
OR
If the Prize winner is from NSW and 18 years or over, each Prize will consist one (1) of each of the following:
- Two (2) x tickets to the Justin Bieber Intimate Gig at a date between Saturday 14 July 2012 – Wednesday 18 July 2012. Exact dates, times and the event location to be communicated to the prize winner off-air, upon receipt fo the completed non disclosure agreement and signed indemnity and release.
- One (1) x Meet & Greet for two (2) people with Justin Bieber at the Intimate gig at a date between Saturday 14 July 2012 – Wednesday 18 July 2012. (Exact time and location will be disclosed to winners off-air).
Total Maximum Value: Money Can't Buy
Maximum total value of each prize: $2,500 AUD
Maximum total value all prizes: $7,500 AUD
ITEM 12: PRIZE WINNER PUBLICATION DETAILS
Prize winner details will be published on www.hot30.com at the complete discretion of the Promoter.
ITEM 13: UNCLAIMED PRIZE DRAW DATE AND PUBLICATION DATE
N/A
ITEM 14: OTHER CONDITIONS
By entering this competition you agree that your details may be used by Universal Music Australia Pty Ltd and Southern Cross Austereo Pty Ltd for the purposes of marketing and publicity.
The personal information supplied by entrants when entering this Promotion will be used by Universal Music Australia Pty Ltd and Southern Cross Austereo in accordance with their Privacy Policies.
Please refer to Southern Cross Austereo‟s Privacy Policy by visiting http://www.southerncrossaustereo.com.au/docs/privacypolicy.pdf. The Universal Music Privacy Policy can also be found by visiting
http://www.getmusic.com.au/company/privacy-policy. for more information.
All entrants may have their details removed from the Southern Cross Austereos and the Universal Music Australi‟s database by sending an email to privacy@sca.com.au or via a link provided in the intial email communication received from Universal Music Australia.
If details are removed prior to the conclusion of the Promotion an/or award of prizes, entrants will forfeit their right to claim any prizes.
All contestants & also entrants who are chosen and contacted by the Hot30 Countdown to go to air to discuss their entries under the age of 18, must have parental permission in order to do so. This will be to Contestants communicated off air.
Should any entrants have found to be dishonest about their age the Hot30 Countdown at it‟s sole discretion may award the prize to another entrant in their place.
Entrants may enter more than once, however they are only eligible to win a maximum of one (1) major prize.
All Entrants must be available to travel between the dates specified in Item 11.
Entries will be judged throughout the Promotional Period as they are submitted online.
Should the nominated website/s experience any unforseen technical difficulties across the Promotional Period, the Promoter takes no responsibility for any such difficulties that may prevent or otherwise inhibit listeners from entering the competition.
Entrants may be required to update their browser software to gain access to the entry page of the competition.
The Promoter may giveaway clues and hints via (but not limited to) on-air, online & social network sites at its own discretion entirely.
Information on how to enter, prizes and other details contained within the promotional advertisements form part of these terms and conditions. Entry into the Promotion shall be deemed an acknowledgement and acceptance of these terms and conditions.
The Promoter reserves the right, at any time, to verify the validity of entries and request proof of the Entrants and/or their guests identity and age; or that of their parents, legal guardian or Guardian.
Entrants into this competition must be aged thirteen (13) years or over. Entrants aged under eighteen (18) years during the Promotional Period, are considered to be a minor. minors, entering this competition must do so with permission from their parent or legal guardian.
Any minors determined as a winner of the competition, will need to supply the Promoter with contact details of their parent or legal guardian. The Promoter must be able to obtain consent/approval from their parent or legal guardian, to allow the minor to accept the prize, prior to it being awarded, and prior to them going to air on the Hot30 Countdown.
In the case that a minor is awarded a prize, their parent, legal guardian or Guardian must accompany them at all times during prize fufilment; which may or may not involve travel and event attendance.
Should a prize winners guest be a minor, the Promoter must recieve permission from their parent or legal guardian, for them to be under the supervision of a nominated guardian during prize fulfilment. [Either the winners parent, legual guardian or nominated guardian]
Prize winners of all ages, and their accompanying guests, will be required to complete and return to the Promoter:
- a non disclosure agreement regarding information they recieve from the Promoter regarding the date/time/location of the intimate performance; and
- an indemnity and release form.
Individuals who are unable to provide the appropriate approvals as required will not be eligible to recieve the prize.
Winners will be notified by telephone and will recieve confirmation in writing within twenty four (24) hours of being determined a prize winner.
It is up to the winner to organise their own transport to and from the airport in their capital city. Transportation is not included in the prize unless otherwise stipulated. It is the winners responsibility to organise their own flights/transport/transfers to their relevant Capital City if required and costs incurred will be the responsibility of the winner.
The winner and their guests must be available to travel and attend the performance between Saturday 14 July 2010 – Wednesday 18 July 2012, or at any other time as communicated by the Promoter. Should the winner not be able to attend once notified of the date by the Promoter they will forfeit the prize and no cash/compensation will be awarded in lieu of the prize. In this instance the Promoter at its absolute discretion may award the prize to another entrant.
The meet and greet element of the prize is subject to artist availability; and the duration of the meet and greet is subject to artist management. Parameters associated with this prize element will be communicated to the prize winner, by the Promoter, at the event.
No portion of the prize is redeemable for cash. The prize is not refundable or transferable.
All decisions throughout the Promotional Period are at the discretion of the Promoter and no correspondence will be entered into.
Should the date of the performance change or be cancelled, the Promoter will not be responsible for providing any additional Prizes or compensating the Winners in any way.
Should it be the case that a Winners and/or Guests are unable to attend due to a date change, these Winner/s and/or Guest/s will forfeit their prize.
Flights and hotel are subject to change at the Promoter‟s discretion. Winner/parent/guardian must have a valid credit card should the hotel require a safety deposit upon check in or adhere to the hotels request upon check in.
The prize does not include anything other than what is listed in Item 11: Prize Details. Any additional costs, including but not limited to room service, internet use, phone use and mini bar, will need to be covered by the Prize Winner and/or their travel companion.
By entering this competition all entrants acknowledge that filming, photography and audio recording will take place at the event; and consent that the Promoter owns all copyright in all materials provided as part of the Promotion. The Promoter reserves the right to use any details, image, audio or likeness for the purpose of marketing, publicity and content on any media at any time. The promoter also reserves the right to allow other organisations manging or associated with the event to use any image, audio or likeness for the purpose of marketing, publicity and content on any media at any time. No fee will be provided for such use.
The Promoter reserves the right to solicit for entrants on Facebook and Twitter and invite them to register for the Promotion.
When entering this Promotion, you agree to release Facebook from all liability and claims arising out of or in connection with the Promotion or these terms and conditions. You acknowledge and agree that your Entry must be in accordance with Facebook's Statement of Rights and Responsibilities and can be removed at any time by the Promoter or otherwise in accordance with Facebook's Statement of Rights and Responsibilities.
The Competition is in no way sponsored, endorsed, administered by, or associated with Facebook. Any questions, comments, or complaints regarding the Promotion should be directed to the Promoter.
When entering the Promotion, you are providing your information to the Promoter and not to Facebook.
Should the prize winner, their guests or their parent, legal guardian or Guardian miss any of the transport arranged for them by the Promoter, they will be responsible for arranging alternative travel arrangements and no compensation will be awarded to them by the Promoter.
Terms and conditions
1. INTRODUCTION
1.1 By submitting an entry into this Promotion, entrants warrant that they have read, understand and agree to be bound by these Terms and Conditions and the Terms and Conditions Schedule.
1.2 To the extent that there is any inconsistency between the Terms and Conditions Schedule and the Terms and Conditions the Terms and Conditions Schedule will prevail.
1.3 These terms and conditions can be collected at the reception desk of 2 Day FM of Level 15, 50 Goulburn Street, Sydney 2000 and can be downloaded from the website/s listed in Item 4: Website.
2. DURATION
Entry into this Promotion will occur in accordance with Item 5: Promotion Registration Dates and Times and Item 6: Promotion Contesting Dates and Times.
3. ELIGIBILITY
3.1 Entrants must at all times comply with Item 7: Entrant Restrictions. Those entrants who have not complied with Item 7: Entrant Restrictions may be disqualified at the Promote‟s discretion.
3.2 Employees and the immediate families of the Promoter and its Related Bodies Corporate are ineligible to enter. Employees and the immediate families of all associated sponsors and participating companies are also ineligible to enter.
3.3 Entrants warrant that they are entering this Promotion in a wholly private nature and are not entering on behalf of a business or enterprise activity they are involved in.
4. METHOD OF ENTRY
4.1 Entrants may enter this Promotion in accordance with Item 8: Method of Entry. Those entrants who have not complied with Item 8: Method of Entry may be disqualified at the Promoter‟s discretion.
4.2 Inaudible, incomplete, incomprehensible or late entries (whichever is applicable) will not be eligible and may be disqualified at the Promoter‟s discretion. The Promoter reserves the right to disqualify any entry which in the opinion of the Promoter includes any content which may be unlawful, profane, inflammatory, defamatory and/or damaging to the goodwill or reputation of the Promoter.
4.3 Any person who is discovered to have used or attempted to use more than one name in entering the Promotion will be disqualified from participating in the Promotion and/or redeeming a prize.
4.4 Unless otherwise stated in these terms and conditions, no person may enter this Promotion more than once and persons may not enter or participate in it on behalf of any third party.
4.5 All entrants acknowledge that the Promoter may rely on clauses 4.3 and 4.4 even after the Promoter has awarded or appeared to have awarded the prize to a person or after a person is announced as the prize winner. The Promoter reserves its right to require return of the prize or payment of its value to the Promoter if this occurs.
4.6 Should an entrant‟s contact details change during the Promotion Period, it is the entrant‟s responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.
4.7 Should an entrant be required to submit a third party‟s personal information as a part of entry into or participation in this Promotion, each entrant must ensure that any other person whose details have been provided by the entrant to the Promoter for the purposes of the entrant‟s participation in this Promotion has given their express consent for the 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.
4.8 Should the Promotion require the entrant to submit a photograph or footage as a part of entry into or participation in this Promotion (“Material”):
(a) entrants warrant that they are the person in the Material or have prior approval from the person in the Material that is submitted as part of the entry;
(b) all entrants acknowledge that their entry and the Material may, at the discretion of the Promoter, be posted on the website;
(c) entrant agrees that and authorises the Promoter to use, edit and reproduce the Material;
(d) the entrants agree that the Promoter has the right to publish and communicate to the public the Material in any media including, but not limited to, online, at all times without restriction or limitation throughout the world (including all promotional purposes);
(e) all entrants acknowledge that the Material may be edited by the Promoter at its sole discretion;
(f) the entrants agree that the Promoter has the right to use the entrant‟s name, likeness or other information concerning and provided by the entrant in its use of the Material;
(g) the entrants agree to fully release now and forever the Promoter from and against all actions, suits, claims and demands which they may have against the Promoter arising directly or indirectly in respect of any infringement or violation of any personal and/or property rights of any sort (including without limitation defamation) from the use of the Material;
(h) the entrants unconditionally waive all of their rights at any time to seek or obtain injunctive relief to prevent or restrict the Promoter‟s use of the Material; and
(i) the entrants warrant that they has obtained permission from any other persons featured in the Material for the Promoter to use the Material.
4.9 Entries via SMS or email are deemed to be received at the time of receipt into the Promoter‟s database not at the time of transmission by the entrant.
4.10 If this Promotion involves:
(a) entry via a phone call, each call is charged at no more than 55 cents (including GST) from a fixed phone. Calls may attract a higher rate from mobile or public phones; or
(b) entry via SMS, each SMS is charged at 55 cents (including GST). To enter, entrants will need an SMS compatible mobile phone connected to a service provider that permits text messaging to the abovementioned premium SMS number. It is recommended that entrants check with their individual service provider in this regard.
4.11 Should the Promotion involve voting, the accuracy of the polling results received and published by the Promoter is final and binding and no correspondence will be entered into.
5. DRAW / JUDGING
5.1 If the prize is awarded by judging, the judging will take place in accordance with Item 9: Judging Details.
5.2 If the prize is awarded via a prize draw, the draw will take place in accordance with Item 10: Draw Details.
5.3 Subject to State regulations, in the event that the Promoter becomes aware that the same person has been selected as a prize winner more than once, the Promoter will cause another name to be drawn/selected in their place.
6. PRIZE(s)
6.1 All prizes are awarded in accordance with Item 11: Prize Details.
6.2 All prize values are the recommended retail value as provided by the supplier, are in Australian dollars and are correct at the time of printing. The Promoter takes no responsibility for variations in the prize value.
6.3 Should the prize include tickets to an event at which alcohol will be served (“the Event”) the prize winner and each guest of a prize winner must be aged 18 years or over. Minors are not permitted to attend the Event. All prize winners and their guests must carry valid photo identification with them at all times during the Event.
6.4 If alcohol is made available as part of the prize at the Event, then this will be provided subject to the principles of responsible service of alcohol as exercised by the staff and management of the premises at which the Event takes place. The premises staff and management reserve the right to refuse service of alcohol to any prize winner or their accompanying guest should they be deemed to be intoxicated.
7. PRIZE CONDITIONS
7.1 The Promoter does not warrant the merchantability, suitability and/or fitness for purpose of any goods and/or services awarded as a prize.
7.2 No other costs will be included and all expenses (including, but not limited to, the costs of transport to and from a prize venue and meals), other than those specifically referred to in Item 11: Prize Details, will be at each winner‟s and (if applicable) their accompanying guest‟s cost. Accommodation is for room charges only.
7.3 All prizes are subject to availability, non transferable and non exchangeable, must be used on any dates specified in these terms and conditions, by the Promoter and/or the prize provider and are not redeemable for cash unless cash is specified. Specifically, prizes may not be valid during school holidays or other peak times designated by the prize supplier.
7.4 If a prize winner does not take any element of a 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 awarded in lieu of that prize or any part of it.
7.5 It will be each winner‟s and (if applicable) their accompanying guest‟s responsibility to take out all relevant insurance (including, but not limited to, travel insurance) which may be required or prudent to be obtained (at their own cost).
7.6 Where a prize involves a “meet and greet” element, the meet and greet with the celebrity/artist/public figure will be at the discretion of the celebrity/artist/public figure‟s management and will at all times be subject to the availability of the celebrity/artist/public figure. The Promoter will not be liable for the failure of the winner and any accompanying guests to meet the celebrity/artist/public figure for whatever reason, and no cash or alternative tickets will be awarded in lieu of that element of the prize.
7.7 The Promoter reserves the right to exclude any persons from the Promotion on the grounds of their medical condition or history, for the safety of the Promoter‟s staff members or others or for any other reason, for example bringing the Promoter‟s brand into disrepute. The Promoter also reserves the right to disqualify contestants if:
(a) a contestant at any stage engages in, causes or incites physical violence (e.g. punching, slapping), inappropriate, illegal, unsociable or unsafe behaviour; and/or
(b) the safety of any of the Promoter‟s staff member is compromised.
7.8 The Promoter will not award the prize if the Promotion is terminated for whatever reason.
8. NOTIFICATION
8.1 All prize winner(s) will be notified:
(a) on air at the time of winning; or
(b) by telephone; or
(c) by post.
8.2 Details of prize winners will be published in accordance with Item 12: Prize Winner Publication Details, if applicable.
9. PRIZE COLLECTION
9.1 Prize winners will be required to collect their prize from an address as advised by the Promoter at the time of winning. The Promoter reserves the right to request winners to provide proof of identity, proof of residency and/or proof of entry validity (for example, a phone bill or store receipt for purchase requirement) in order to claim a prize. Proof of identity, residency and/or entry validity considered suitable for verification is at the Promoter‟s discretion. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.
9.2 All prize winners must sign these terms and conditions in a form prescribed by the Promoter in order to receive their prize.
9.3 Entrants proposing to redeem prizes involving or participate in the Promotion where it involves travel, stunts or challenges may, at the absolute discretion of the Promoter, first be required to:
(a) submit to a medical examination by a medical practitioner approved by the Promoter and obtain relevant medical clearance to participate in the Promotion and/or redeem the prize; and/or
(b) execute a Deed of Release and Indemnity in a form prescribed by the Promoter in order to participate further in the Promotion and/or redeem the prize.
10. PRIZE AVAILABILITY
10.1 The Promoter will not be responsible or liable if for any reason beyond their reasonable control any element of any prize is not provided. The Promoter may, subject to State regulations, substitute a different prize of equivalent value in place of any prize referred to in these terms and conditions.
10.2 The Promoter will not be responsible for any changes in times or dates, or cancellations or rescheduling of events that may prevent the prize winner from redeeming the prize or any part of it.
10.3 Where the prize involves the winner‟s attendance at or tickets to an event, if any part of the event is cancelled, varied or rescheduled for any reason, then, at the Promoter‟s discretion, the winner and any accompanying guests will forfeit all rights to attend the relevant event and no cash or alternative tickets will be awarded in lieu of that element of the prize.
11. TAXES
Any tax payable as a result of a prize being awarded or received will be the responsibility of the winner. Winners should seek independent financial advice prior to accepting a prize if this is a concern.
12. UNCLAIMED PRIZES
Prizes unclaimed after a period of three (3) months will be forfeited subject to State regulations.
13. PUBLICITY MATERIALS
13.1 It is a condition of entry that the Promoter has the right to publicise, broadcast and communicate to the public the names, characters, likenesses or voices of any entrants for any promotion or matter incidental to the Promotion.
13.2 Entrants consent to their entry being read out on air and/or to their telephone and other conversations with the Promoter being broadcast on air and communicated to the public on the Website/s or other websites controlled by the Promoter.
13.3 Entrants may be required by the Promoter to participate in photo, recording, video and/or film session(s) (the “Publicity Materials”) and acknowledge that the Promoter has the right to use such Publicity Materials in any medium (including, without limitation, the internet) and in any reasonable manner it sees fit, unless that person advises the Promoter at the time of entering the Promotion that he/she wishes to retain his/her anonymity.
13.4 Entrants also acknowledge that the Publicity Materials may be provided to the prize provider for the purposes of promotional display.
14. COPYRIGHT
By entering this Promotion all entrants:
(a) assign to the Promoter all rights including present and future copyright in their entry and the Publicity Materials in all media (including, without limitation, the internet) and whether in existence now or created in the future;
(b) agree not to assert any moral rights in respect of their entry and the Publicity Materials (wherever and whenever such rights are recognised) against the Promoter, its assigns, licensees and successors in title; and
(c) undertake to the Promoter that their entry is not in breach of any third party intellectual property rights.
15. RELEASE AND INDEMNITY
To the extent permitted by law, all entrants release from, and indemnify the Promoter against all liability, cost, loss or expense arising out of acceptance of any prize(s) or participation in the Promotion including (but not limited to) loss of income, loss of opportunity, personal injury and damage to property, whether direct or consequential, foreseeable, due to some negligent act or omission or otherwise.
16. TAMPERING AND OTHER MATTERS
16.1 If for any reason this Promotion is not capable of running as planned as a result of any (including but not limited to) technical failures, unauthorised intervention, computer virus, mobile phone failure, tampering, fraud or any other causes beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter reserves the right (subject to State regulations) to cancel, terminate, modify or suspend the Promotion and/or any draw/s or judging related to the Promotion and/or to disqualify any individual who (whether directly or indirectly) causes the same.
16.2 The Promoter accepts no responsibility for any late, lost or misdirected entries including but not limited to electronic messages not received by the Promoter due to technical disruptions, network congestion or any other reason. The use of any automated entry software or any other mechanical or electronic means that permits any person to enter the Promotion repeatedly is prohibited.
17. LINE DROP OUT AND INABILITY TO CONTACT
17.1 If in the course of a telephone call related to participation or entry in the Promotion, the telephone line drops out or breaks up the Promoter may proceed to another caller. In such event, the Promoter will not be responsible for the awarding of any prize to the caller whose line dropped out or whose reception broke up.
17.2 If a contestant or winner is not successfully contacted in a telephone call or attempted telephone call by the Promoter related to participation or entry in the Promotion (including where a third party answers the telephone on the contestant or winner‟s behalf) that person may be disqualified and a replacement contestant or winner (whichever is applicable) may be selected by the Promoter.
18. LEAVE FOR PARTICIPATION
Obtaining time off work and/or study or related activities to participate in the Promotion and/or a prize will be the sole and absolute responsibility of each contestant.
19. EXCLUSION OF PARTICIPANTS
The Promoter reserves the right to exclude any person from participating in the Promotion or a prize for any reason (including but not limited to) that person‟s medical condition or history, the preservation of the safety of the Promoter‟s staff members or any other person or because the Promoter deems that the behaviour of a person may bring the Promoter‟s brand into disrepute.
20. MINORS
20.1 If the prize winner is under the age of 18 years and persons under 18 are eligible to enter these terms and conditions must be signed by the prize winner‟s parent or legal guardian before the prize is awarded and the prize may at the absolute discretion of the Promoter be awarded to the prize winner‟s parent or legal guardian.
20.2 If the winner of a holiday prize is under the age of 18 years and persons under 18 are eligible to enter, that winner must nominate a parent or legal guardian as their accompanying traveller for the trip. The winner and their accompanying traveller must not engage in any illegal or unsafe behaviour whilst travelling.
20.3 Where these terms and conditions require a participant to sign a Deed of Release before participating in the Promotion and/or redeeming a prize and the contestant and/or winner is under the age of 18 years and persons under 18 are eligible to enter, such Deed of Release and Indemnity must be signed by that person‟s parent or legal guardian prior to their participation in the Promotion and/or the prize being awarded.
21. TERMINATION OF PROMOTION
The Promoter may (subject to State Regulations) vary the terms of, or terminate, this Promotion at any time at its absolute discretion without liability to any contestant or other person. The Promoter will not award the prize if the Promotion is terminated.
22. DECISIONS FINAL
All decisions and actions of the Promoter relating to the Promotion and/or redemption of the prizes are exercised at the Promoter‟s absolute discretion and are final. No discussions or correspondence with entrants or any other person will be entered into.
23. FAILURE TO ENFORCE TERMS AND CONDITIONS
A failure by the Promoter to enforce any one of these terms and conditions in any instance(s) will not give rise to any claim or right of action by any other person or contestant.
24. PERSONAL INFORMATION AND PRIVACY
The personal information supplied by entrants when entering this Promotion will be used by the Promoter in accordance with its Privacy Policy. Please refer to the Privacy Policy by visiting the Website for more information as entry in this Promotion is an agreement to be bound by that policy. All entrants may have their details removed from the Promoter‟s database by simply contacting the Promoter or by sending an email to privacy@austereo.com.au. If details are removed prior to the conclusion of the Promotion and/or award of prize(s), entrants will forfeit their right to claim any prizes.
25. OVERSEAS TRIP PRIZES
Where the prize or participation in the Promotion includes overseas travel:
(a) the prize does not include airport departure or government taxes. These must be paid by the winner and their accompanying traveller (where applicable);
(b) the winner and their accompanying traveller (if applicable) must have and maintain valid passports endorsed with all relevant visas and with expiry dates no less than six (6) months following the proposed dates of travel. These passports, and their holders, must not be subject to any restrictions on their rights to travel to and from the applicable country or countries;
(c) it is the responsibility of the winner and their accompanying traveller (if applicable) to check any travel advisories issued by the Australian Department of Foreign Affairs and Trade and determine whether or not they will redeem the prize;
(d) the Promoter will not be responsible for any loss or damage suffered by any contestant and/or their accompanying traveller (if applicable) arising out of a failure by the contestant and/or their accompanying traveller to follow any travel advisories issued by the Australian Department of Foreign Affairs and Trade;
(e) the Promoter will not be liable or responsible for any loss or damage suffered by a prize winner or their accompanying traveller (if applicable) should any prize winner or their accompanying traveller (if applicable) not redeem a prize as a result of any such travel warning or advisory applying to a country and/or countries the subject of the prize. For the avoidance of doubt, nothing in these Terms and Conditions requires the Promoter to substitute a different prize or prize of equivalent value should a travel warning or advisory apply to a country and/or countries in relation to a prize and a prize winner and/or their accompanying traveller (if applicable) do not redeem the prize as a result; and
(f) to the United States of America, the prize winner and their accompanying traveller (if applicable) will be required to apply for an Electronic System for Travel Authorisation (ESTA). Applications must be submitted no later than three (3) days prior to the departure date and may attract a fee. Should this form not be lodged by both the winner and their accompanying traveller (if applicable) within this time, they will be ineligible to enter the United States of America and will therefore forfeit the prize.
26. PARTICIPATING STATIONS
106.9 NX FM, 104.7 FM, Mixx FM Swan Hill, Mixx FM Colac, Mixx FM Hamilton, Mixx FM Horsham, Coast FM Warrnambool, TR FM Taralgon, 93.9 Hitz FM Bundaberg, 89.9 Magic FM Port Lincoln, 93.1 Magic FM Riverland, 105.9 Magic FM Spencer Gulf, Power FM 102.5 Bega, Power 94.9 Nowra, Sea FM Burnie, Sea FM Devonport, HOFM Hobart, LAFM 89.3 Launceston, 7XS Queenstown, Sea FM 99.7 Scottsdale, Hot 100.1 Darwin and 107.9 Move FM Lithgow7SD “Participating Stations”.