Title: Swap my car for a Suzuki Swift - Swap my Car Fifi & Jules (Austereo) Post by: topolino on Friday 01 February 2013, 10:59:28 am (http://cdn.scahw.com.au/cdn-1cdfdd67d96b5b0/ImageVaultFiles/id_136058/cf_7/swap-my-car-feature.jpg) http://www.fox.com.au/shows/fifi-and-jules/win/swap-my-car/ ------------ Fifi & Jules and Suzuki are giving you the chance to win a brand new, top of the range Suzuki Swift Sport! This is a game changer – your old car could be replaced with a brand spanking new one, that's yours, on road, to enjoy. How do you get your hands on this awesome car? All you need to do is register below to be part of "Fifi and Jules' Swap My Car". Once you've registered, you'll need to print off your own copy of the downloadable sign (folded in half) that let's everyone know that you're part of their car swap, thanks to Suzuki, and stick it in your car window where it's clearly visible and doesn't obstruct your view. You could find your old car replaced with a brand spanking new one! The catch is, we don't know when exactly Fifi & Jules will strike; it could be any day, anytime and anywhere. You could be in your local hairdresser or at work or the gym, walk out to find your existing car towed away and replaced with a top of the range Suzuki Swift complete with $5000 worth of petrol! Sound amazing? Then get registered quick smart, and make sure you tell us what your current car is like, and your rego. And, for the ultimate surprise, we'll need to know the details of someone close to you, like a partner, friend, colleague, family member etc, who could help us orchestrate the ultimate swap. All thanks to Fifi and Jules driving you home, and Suzuki Swift Sport, helping you drive away with a brand new way of life! ---------------- Competition Details Question.1 Do you currently have a full drivers license? What is the state it was issued in? Where do you generally spend your day? i.e. Work, Uni, etc. Question.2 What is your current car registration number? Question.3 What is your current car like? Please tell us how old it is, make, model, colour and status (is it missing a door handle, the window doesn't wind down, etc.) Question.4 In 100 words or less tell us why you want us to swap your car ----------------------- TERMS AND CONDITIONS SCHEDULE ITEM 1: PROMOTION NAME Fifi and Jules’ Suzuki Car Swap 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, WA 6230 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 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 (Together with each of its Related Bodies Corporate which holds a commercial radio broadcasting licence for a station listed above, the “Promoter”). (the “Promoter”). ITEM 4: WEBSITE www.fifiandjules.com www.fifiaandjules.com/swapmycar http://www.facebook.com/#!/FifiandJules?fref=ts (the “website”). ITEM 5: PROMOTION REGISTRATION DATES AND TIMES Registrations will open at 4:00 pm (AEDST) on Tuesday 29thJanuary 2013, and will close at 6:00 pm (AEDST) on Thursday 7thFebruary 2013. (“Registration Period”). The Promoter reserves the right to extend the Registration Period at its own discretion. ITEM 6: PROMOTION CONTESTING DATES AND TIMES N/A ITEM 7: ENTRANT RESTRICTIONS Entry is available to permanent residents of: - NSW - Victoria - Queensland - South Australia - Western Australia - ACT - Tasmania Entrants must be: Aged 18 years and over Own a motor vehicle that is currently roadworthy and registered Be in possession of a full valid Australian driver’s licence Must be in good physical health The Entrant hereby acknowledges that if they are chosen as the winner they will take part in a car swap that will be recorded and broadcast on radio, online and potentially other mediums. The Entrant hereby acknowledges that they are not suffering from a nervous, physical or psychiatric condition that affects their active participation in Fifi and Jules Car Swap, which will involve being surprised should they be judged a winner. The Entrant must be lawfully able to provide all information and sign all documentation necessary to enable the Promoter to register the vehicle in the name of the winner prior to collection. Receipt of a Prize vehicle is subject to the winner being able to lawfully take possession of the Prize vehicle and comply with all registration and compulsory third-party insurance requirements of the state/territory in the state/territory the winner elects to register the Prize vehicle. ITEM 8: METHOD OF ENTRY Registration – step 1 Throughout the Registration Period, individuals will need to register details (which may include providing to the Promoter their personal and or sensitive personal information), including but not limited to: a) Their full name b) Date of birth c) Address d) Email Address e) Phone number f) Current car registration number and the state it is registered in g) Current drivers licence number and the state it is issued from Performance of other criteria – step 2 Throughout the Registration Period, individuals must also perform the following acts to satisfy the Promoter (which may include providing their personal and or sensitive personal information), including: h) Nominate a minimum of one and a maximum of two people that are associated with the Entrant (eg friend, colleague, partner, family member etc) who can be contacted by the Promoter. It is the obligation of the Entrant to have obtained these nominated persons informed consent from the nominate person to provide their personal information for the purposes of this Promotion, and to have consented to the Promoter contacting them in relation to this promotion. The Promoter will not hold or collect the nominated persons details for any other purpose. i) Provide a response in one hundred (100) words or less to the question “why do you want to swap your car?” (“Entry”). This response is mandatory. j) Entrants must download the “Suzuki Car Swap” poster from the website www.fifiandjules.com after they have Entered the competition. It is mandatory that Entrants place the aforementioned poster in their car window, ensuring that they are not obstructing their view as a driver. The Poster must be visible from outside of the car – without a poster Entry is not complete – this may be verified over the phone by the Promoter during the shortlisting process. k) Entrants will also have the opportunity to upload a photograph of them and their car – photo upload is not mandatory. All Entrants hereby acknowledge that, if any other persons are visible within the uploaded photograph submitted as part of their Entry, they have received the express prior permission from such persons to include their image as part of the Entry for this Promotion. Other conditions on method of entry:1 The Entrant acknowledges that there may be inherent risks involved in entering this Promotion or taking or participating in the Prize(s). Any entrant, Prize winner and/or participants in a Promotion event may be required to sign an acknowledgement of risk and waiver of liability for participation in the Promotion or a Prize event and to expressly acknowledge that entry into this Promotion or participation in a Promotion event or Prize may be inherently dangerous, and that if they choose to participate they will do so at their own risk. A reasonable level of health and fitness may be required. The Promoter reserves the right to preclude participation of anyone refusing to sign the acknowledgement/waiver or any person who is suffering from asthma, epilepsy, significant back or neck problems, physical or mental disabilities, or is pregnant or in the Promoter’s sole discretion is not able or suitable to participate in any of the experiences for reasons of the participant’s own or anyone else’s safety. 2 Incomplete entries will be deemed invalid. Entries will also be deemed invalid if they breach these Conditions of Entry as determined by the Promoter in its sole discretion or any other content guidelines notified by the Promoter during the entry process for the Promotion. 3 Entries must be the entrant’s original work. The Promoter reserves the right to verify, or to require the entrant to verify, that the entry is the entrant’s original work. If an entry cannot be verified to the Promoter’s satisfaction, the entry will be deemed invalid. 4 An entrant’s entry must not include: (a) any image or voice of any other person without that person’s express consent. Entrants warrant that if any such content is included, they have obtained the express consent of the relevant person; (b) any content that contravenes any law, infringes the rights of any person or is obscene, offensive, potentially defamatory, discriminatory, indecent or otherwise objectionable or inappropriate (which includes, without limitation, any content involving nudity, malice, excessive violence or swearing); and (c) any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists, unless the entrant is entitled to do so. If an entrant has any doubts about whether they have the right to include any content (for example, recorded music) they must not include it. By including any such content in their entry, the entrant warrants that they have the permission of the relevant copyright owner to do so and that this permission allows the Promoter to use the entry in accordance with these Terms and Conditions of Entry. 5 The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any part of an entrant’s entry. 6 By submitting an entry to the Promotion, each entrant assigns all rights in the entry to the Promoter and consents to the Promoter using the entry in any manner the Promoter wishes (including modifying, adapting or publishing the entry, whether in original or modified form, in whole or in part or not at all), by way of all media, without payment to the entrant (of royalties, compensation or otherwise). By submitting an entry, each entrant consents to any dealings with the entry that may otherwise infringe their moral rights in the entry. The Promoter may copy any content submitted as part of an entry, cause the content to be seen and/or heard in public, and communicate the content to the public. It may also allow third parties to do these things. 7 Entries must be received by the Promoter and will be deemed to have been received at the time of receipt by the Promoter. Online, SMS and other electronic entries are deemed to have been received at the time of receipt into the promotion database and not at the time of transmission by the entrant. 8 All entries become the property of the Promoter. In addition to the above, the Promoter may use, and may disclose in any newspaper, advertisement, publication, media statement or other general and promotional material, any materials entrants provide in relation to the competition for the Promoter’s promotional and business purposes. ITEM 9: JUDGING DETAILS Judging will take place throughout the Registration Period and at its conclusion at Fox of Level 2 / 257 Clarendon Street, South Melbourne Vic 3205. The Prize winner will be judged before Wednesday 13th February 2013. Entries will be judged on the creativity, uniqueness or entertainment value of the Entry – all decisions are at the discretion of the Promoter, and no correspondence will be entered into. The Promoter reserves the right to phone Entrants and their nominated associates to further discuss their Entry and shortlist them. Being contacted by the Promoter does not mean that the Entrant has been judged as the winner, simply shortlisted. There will be one (1) Entrant judged as the Finalist and eligible to win the Prize as outlined in Item 11: Prize Details. Should the Entrant be found to have breached any Entry conditions (i.e. that they do not own a motor vehicle etc), they may forfeit their status as a Finalist, at the sole discretion of the Promoter. Should this be decided, the Finalist will be notified, and another Finalist selected in their place to be the recipient of the Prize as outlined in Item 11: Prize Details. At the conclusion of the Promotion there will be a maximum of one (1) winner. The Promoter’s decision is final and no correspondence will be entered into. ITEM 10: DRAW DETAILS N/A ITEM 11: PRIZE DETAILS There will be a maximum of one (1) Major Prize. Prize subject to the terms and conditions imposed by the Prize provider. Prize Type Prize No. Available Value (driveaway price) Major Vehicle* “Suzuki Swift Sport 2012 Build in metallic yellow, auto 1 $24,990 for manual $26,990 for auto (price is drive away in all States) Yellow premium/metallic paint valued at $475 extra.or manual” Major Cheque or EFT Transfer 1 $5,000 AUD *Vehicle: Suzuki Swift Sport 2012 Build, in the Winners choice of manual or auto, only in yellow premium metallic paint, 12 months registration in winner’s state/territory of residence, 12 months 3rd party compulsory insurance, stamp duty and dealer delivery. The Winner will not be able to select the vehicle colour - this will be determined by the Promoter and Suzuki Australia in their absolute discretion. EFT transfers or Winner’s Cheque may take a maximum of (28) twenty eight days to process. The Major Prize is not transferrable and not redeemable for cash. ITEM 12: PRIZE WINNER PUBLICATION DETAILS N/A ITEM 13: UNCLAIMED PRIZE DRAW DATE AND PUBLICATION DATE N/A ITEM 14: OTHER CONDITIONS All optional extras and accessories relating to the vehicle, including but not limited to, comprehensive insurance and any other insurance not expressly included above, fuel, personal costs, any other ancillary or incidental costs related to the Major Prize or anything else not specifically mentioned in these terms and conditions does not form part of the Major Prize. Additional insurance, options, accessories, fuel and all other ancillary costs are the responsibility of the Winner. It is a condition of accepting the Major Prize that the Winner acknowledges that they may incur ongoing costs associated with the Major Prize including but not limited to: comprehensive insurance against damage, services, tyres or any other items outside the warranty which are the entire responsibility of the Winner. It is a condition of being awarded the Major Prize that the Winner must, following Winner Notification and prior to receiving the Prize, confirm their full name and address, and provide the Promoter with a copy of their current Australian driver’s license. Receipt of the Major Prize is subject to the Winner being able to lawfully take possession of the Major Prize and comply with all registration and compulsory third party insurance requirements of the State/Territory in which the Winner elects to register the Major Prize. If the Winner is unable to have the vehicle lawfully registered in their name, through any legal incapacity or otherwise, then such Winner may assign the motor vehicle prize to another person (who consents to such assignment) with legal capacity for the purpose of registration. Neither the Promoter nor Suzuki take any responsibility for any such arrangements between the Winner and the assignee. The Promoter accepts no responsibility for any mechanical, body or paint repairs or repairs or maintenance of any kind relating to the Major Prize after the date and time of prize collection by the Winner. Any costs incurred by the Major Prize Winner will not be reimbursed and no correspondence will be entered into. No alterations or upgrades can be made to the Major Prize. Major Prize cannot be redeemed for cash or any other goods and services, and cannot be traded for an alternative car make and/or model. The Major Prize Winner may be required to collect their Prize from a Suzuki dealership at a date, time and location to be advised by the Promoter. The Major Prize may take up to six (6) weeks to fulfil subject to vehicle. Any material submitted throughout the Promotional Period is the Property of the Promoter. The Promoter may use this material for the purposes of marketing and publicity and the entrant will not be entitled to any fee for such use. 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. The entrant acknowledges that there may be inherent risks involved in entering this Promotion or taking or participating in the Prize(s). Any entrant, Prize winner and/or participants in a Promotion event may be required to sign an acknowledgement of risk and waiver of liability for participation in the Promotion or a Prize event and to expressly acknowledge that entry into this Promotion or participation in a Promotion event or Prize may be inherently dangerous, and that if they choose to participate they will do so at their own risk. A reasonable level of health and fitness may be required. The Promoter reserves the right to preclude participation of anyone refusing to sign the acknowledgement/waiver or any person who is suffering from asthma, epilepsy, significant back or neck problems, physical or mental disabilities, or is pregnant or in the Promoter’s sole discretion is not able or suitable to participate in any of the experiences for reasons of the participant’s own or anyone else’s safety. The Promoter will not be liable for any loss (including but not limited to indirect or consequential loss), damage or personal injury which is suffered or sustained (including without limitation to that caused by any person’s negligence) relating to this Promotion or the awarding or taking of the Prize(s) except for any liability which cannot be excluded by law (in which case liability is limited to the minimum amount allowable by law). The Prize(s) and/or parts of the Prize(s) is/are not transferable or exchangeable and cannot be taken as cash (unless the Prize is cash). If a Prize, or an element of a Prize, is unavailable for any reason, the Promoter reserves the right to substitute another prize of equal or greater value for that prize, or element of it, subject to the approval of any relevant authority. The Promoter and its representatives will not be liable for any damage to or delay in transit of prizes. The Promoter accepts no responsibility for any tax implications that may arise from winning of the prizes. Independent financial advice should be sought.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 desks of the participating stations as listed in Item 3: Promoter 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 will be disqualified. 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 will be disqualified. 4.2 Inaudible, incomplete, incomprehensible or late entries (whichever is applicable) will not be eligible and will be disqualified. 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 rights 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 implied or 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, as a part of entry into or participation in this Promotion (”Photograph”): (a) entrants warrant that they are the person in the photograph or have prior approval from the person in the photograph that is submitted as part of the entry; (b) all entrants acknowledge that their entry may, at the discretion of the Promoter, be posted on the website; (c) entrants agree that and authorise Austereo to use, edit and reproduce the Photographs; (d) the entrant agrees that Austereo has the right to publish and communicate to the public the Photographs in any media including, but not limited to, online, at all times without restriction or limitation throughout the world (including all promotional purposes); (e) the entrant acknowledge that the Photographs may be edited by Austereo at its sole discretion; (f) the entrant agrees that Austereo has the right to use the entrants name, likeness or other information concerning and provided by the entrant in its use of the Photographs; (g) the entrant agrees to fully release now and forever Austereo from and against all actions, suits, claims and demands which they may have against Austereo 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 Photographs; (h) the entrant unconditionally waives all of his/her rights at any time to seek or obtain injunctive relief to prevent or restrict Austereo’s use of the Photographs; and (i) the entrant warrants that he/she has obtained permission from any other persons featured in the Photographs for Austereo to use the Photographs. 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 taken (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 ground 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 either: (a) on air at the time of winning; (b) by telephone; (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 the Promoter at the address listed in Item 3 of the Terms and Conditions Schedule unless otherwise informed 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 winners 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 communicate to the public on the website/s. 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 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 will be disqualified and a replacement contestant or winner (whichever is applicable) will 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 PARTICIPANTSThe 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 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, 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, 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 accordingly at its 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 applies 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. 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. ---------------- Title: Re: Swap my car for a Suzuki Swift - Swap my Car Fifi & Jules (Austereo) Post by: scout on Friday 01 February 2013, 12:05:26 pm Well if it was to win a car I'd be in it, but I wouldn't swap my lovely car for a Suzuki Swift!
Title: Re: Swap my car for a Suzuki Swift - Swap my Car Fifi & Jules (Austereo) Post by: claremd12345 on Friday 01 February 2013, 01:34:04 pm I think I'll be in tears seeing our old bomb of a car go. Title: Re: Swap my car for a Suzuki Swift - Swap my Car Fifi & Jules (Austereo) Post by: purplesp8y on Friday 01 February 2013, 03:18:49 pm Love this T&C:
The Entrant hereby acknowledges that they are not suffering from a nervous, physical or psychiatric condition that affects their active participation in Fifi and Jules Car Swap, which will involve being surprised should they be judged a winner. |