Win tickets to see FALL OUT BOY at the Radar Sol Beer Secret Session in SydneyWin your way into our final Radar Sol Beer Secret Session with a live intimate performance by FALL OUT BOY!https://www.facebook.com/SolBeerAustralia/app_479254918787889Tell us in 50 words or less your biggest secret?TERMS AND CONDITIONS SCHEDULE
ITEM 1: PROMOTION NAME
Under The Radar: Sol Beer Secret Sessions
ITEM 2: PERMIT NUMBER
N/A
ITEM 3: PROMOTER
The promoter is (jointly and severally where applicable) Southern Cross Austereo Pty Ltd (ABN 78 109 243 110) trading as RADAR MUSIC of Level 13, 50 Goulburn Street, Sydney NSW 2000 and Pinnacle Liquor Group Pty Limited (ABN 77 159 767 843) trading as Sol Beer of level 2, 26 Waterloo Street, Surry Hills NSW 2010 (together, the “Promoter”).
(the “Promoter”).
ITEM 4: WEBSITE
www.radarsolsessions.com.au(the “website”).
ITEM 5: PROMOTION REGISTRATION DATES AND TIMES
Registrations will open at 9.00am (AEDST) on Monday 28th January 2013 and will close at 9am (AEDST) on Wednesday 20th March, 2013 (“Registration Period”).
The Promoter reserves the right to amend the Registration Period at its own discretion and any such amendment will be stipulated on the website.
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
Entrants must be aged 18 years and over.
ITEM 8: METHOD OF ENTRY
To enter the Promotion, entrants must, during the Registration Period:
- visit the website, as directed on air;
- access the promotional application ‘Under The Radar Sol Beer Secret Sessions’ on the landing page of the Sol Facebook page in the manner required ;
- ‘like’ the promotional application ‘Under The Radar Sol Beer Secret Sessions’. Entrants who have previously ‘liked’ the application page will not be required to complete this step. For the avoidance of doubt, to ‘like’ in these Terms and Conditions means to click on the ‘like’ icon on the ‘Under The Radar Sol Beer Secret Sessions’ page;
- register their personal details and answer in fifty (50) words or less the following question: “What is your biggest secret?” in the manner
required on the promotional application
A maximum of ONE (1) entry per person is permitted and must comply with these Terms and Conditions.
If an entrant is found to be in possession of multiple Facebook accounts, and the entrant has used the accounts to submit more than ONE (1) entry into the Promotion, the Promoter reserves the right to disqualify the entrant from the Promotion and render them ineligible to win the prize. Such action will be at the complete discretion of the Promoter and no correspondence will be entered into in this regard.
All decisions are at the discretion of the Promoter and no correspondence will be entered into in this regard.
ITEM 9: JUDGING DETAILS
For the Sydney Secret Session event, judging will take place at the office of Radar Music of Level 13, 50 Goulburn Street, Sydney NSW 2000.
For the Melbourne Secret Session event, judging will take place at the office of Southern Cross Austereo of 257 Clarendon St, South Melbourne VIC 3205.
For the Brisbane Secret Session event, judging will take place at the office of Southern Cross Austereo of William Jolly Place, 309 North Quay, Brisbane QLD 4000.
A maximum of one hundred and fifty (50 per Secret Session) of the most original, humorous and creative entries judged from all eligible entries received during the Registration Period will win a prize outlined in item 11.
Winners will be notified throughout the registration period at the Promoters discretion.
This is a game of skill and chance plays no part in determining the winners.
All decisions are at the 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 (50) fifty winners to Sydney’s secret session:
From NSW there will be a maximum of forty-six (46)winners, each winner will receive one (1) of the following Prizes:
o Entry for the Winner and one (1) friend (“Guest”) to the “Under the Radar: Sol Beer Secret Session, Sydney” (“Event”) at a date, time and venue to be disclosed to the Winner. The prize will include limited complimentary food and (3) three standard drinks. All Guests must be aged eighteen (18) years or over.
o Coach transfer from a central meeting point to the Event will also be provided. Meeting point will be disclosed to the Winner by the Promoter.
Each Prize (for 2ppl) valued at up to a maximum of $100 incl MCB
Total maximum value = $4,600
INTERSTATE WINNERS:
A maximum of four (4) winners (one from VIC, QLD, SA and WA) will each
receive one (1) of the following Prizes:
o Return economy airfares to Sydney, NSW for two (2) people, departing the Winner’s nearest capital city airport as determined by the Promoter. Flight dates, times and carrier are yet to be determined at the Promoter’s discretion and are not negotiable.
o One (1) night twin share accommodation in a minimum three (3) star hotel in Sydney, NSW. Hotel name and location, and check in and check-out date, are yet to be determined at the Promoter’s discretion and are not negotiable.
o Return airport transfers from Sydney Airport.
o Entry for the Winner and one (1) friend (“Guest”) to the “Under the Radar: Sol Beer Secret Session, Sydney” (“Event”) at a date, time and venue to be disclosed to the Winner. The prize will include limited complimentary food and (3) three standard drinks. All Guests must be aged eighteen (18) years or over.
o Coach transfer from a central meeting point to the Event will also be provided. Meeting point will be disclosed to the Winner by the Promoter.
Each interstate prize (for 2ppl) valued at up to a maximum of: $2,126 incl MCB
Total Prize Pool for interstation winners valued at up to a maximum of: $8,504 incl MCB
There will be a maximum of (50) fifty winners to Melbourne’s secret session:
From VIC there will be a maximum of forty-six (46)winners, each winner will receive one (1) of the following Prizes:
o Entry for the Winner and one (1) friend (“Guest”) to the “Under the Radar: Sol Beer Secret Session, Melbourne” (“Event”) at a date, time and venue to be disclosed to the Winner. The prize will include limited complimentary food and (3) three standard drinks. All Guests must be aged eighteen (18) years or over.
o Coach transfer from a central meeting point to the Event will also be provided. Meeting point will be disclosed to the Winner by the Promoter.
Each Prize (for 2ppl) valued at up to a maximum of $100 incl MCB
Total maximum value = $4,600
INTERSTATE WINNERS:
A maximum of four (4) winners (one from NSW, QLD, SA and WA) will each receive one (1) of the following Prizes:
o Return economy airfares to Melbourne, VIC for two (2) people, departing the Winner’s nearest capital city airport as determined by the Promoter. Flight dates, times and carrier are yet to be determined at the Promoter’s discretion and are not negotiable.
o One (1) night twin share accommodation in a minimum three (3) star hotel in Melbourne, VIC. Hotel name and location, and check in and check-out date, are yet to be determined at the Promoter’s discretion and are not negotiable.
o Return airport transfers from Melbourne Airport.
o Entry for the Winner and one (1) friend (“Guest”) to the “Under the Radar: Sol Beer Secret Session, Sydney” (“Event”) at a date, time and venue to be disclosed to the Winner. The prize will include limited complimentary food and (3) three standard drinks. All Guests must be aged eighteen (18) years or over.
o Coach transfer from a central meeting point to the Event will also be provided. Meeting point will be disclosed to the Winner by the Promoter.
Each interstate prize (for 2ppl) valued at up to a maximum of: $2,126 incl MCB
Total Prize Pool for interstation winners valued at up to a maximum of: $8,504 incl MCB
There will be a maximum of (50) fifty winners to Brisbane’s secret session:
From QLD there will be a maximum of forty-six (46)winners, each winner will receive one (1) of the following Prizes:
o Entry for the Winner and one (1) friend (“Guest”) to the “Under the Radar: Sol Beer Secret Session, Brisbane” (“Event”) at a date, time and venue to be disclosed to the Winner. The prize will include limited complimentary food and (3) three standard drinks. All Guests must be aged eighteen (18) years or over.
o Coach transfer from a central meeting point to the Event will also be provided. Meeting point will be disclosed to the Winner by the Promoter.
Each Prize (for 2ppl) valued at up to a maximum of $100 incl MCB
Total maximum value = $4,600
INTERSTATE WINNERS:
A maximum of four (4) winners (one from NSW, VIC, SA and WA) will each receive one (1) of the following Prizes:
o Return economy airfares to Brisbane, QLD for two (2) people, departing the Winner’s nearest capital city airport as determined by the Promoter. Flight dates, times and carrier are yet to be determined at the Promoter’s discretion and are not negotiable.
o One (1) night twin share accommodation in a minimum three (3) star hotel in Brisbane, QLD. Hotel name and location, and check in and check-out date, are yet to be determined at the Promoter’s discretion and are not negotiable.
o Return airport transfers from Brisbane Airport.
o Entry for the Winner and one (1) friend (“Guest”) to the “Under the Radar: Sol Beer Secret Session, Sydney” (“Event”) at a date, time and venue to be disclosed to the Winner. The prize will include limited complimentary food and (3) three standard drinks. All Guests must be aged eighteen (18) years or over.
o Coach transfer from a central meeting point to the Event will also be provided. Meeting point will be disclosed to the Winner by the
Promoter.
Each interstate prize (for 2ppl) valued at up to a maximum of: $3,360 incl MCB
Total Prize Pool for interstation winners valued at up to a maximum of: $13,440 incl MCB
TOTAL COMPETITION PRIZE POOL = $44,248 incl MCB
ITEM 12: PRIZE WINNER PUBLICATION DETAILS
All Winners will be notified at the time of winning via telephone and later in writing.
ITEM 13: UNCLAIMED PRIZE DRAW DATE AND PUBLICATION DATE
N/A
ITEM 14: OTHER CONDITIONS
The Promoter reserves the right to change the running times and/or date and/or location of The Event in their discretion.
All Winners will be notified of Event details by the Promoter (either in writing and/or verbally at the Promoter’s discretion) prior to the Event. This information will include a time by which all Winners and Guests must have arrived at central meeting point in order to be transported via bus/coach to the event venue.
At the Promoter’s discretion, any Winner and/or Guests who fails to arrive at the specified meeting point by the time communicated may be refused entry onto the bus/coach and refused entry into the Event.
Each Winner is wholly responsible for communicating the time and date of the Event information to their Guest/s.
All Winners and their Guests must be aged eighteen (18) years or over in order to attend the Event and must possess valid photo I.D in order to gain entry into the event.
All Winners and Guests are required to have valid photo identification at all times during the Event. The Promoter reserves the right to ask any Winner and/or Guest to present valid photo identification at any time during the Event. Any Winner and/or Guest who, at the Promoter’s discretion, fails to provide valid photo identification upon request may be refused entry to, or will be required to leave the Event.
All Winners and their Guests with known allergies and/or dietary requirements will be responsible for checking the ingredients of any food or drink they consume whilst at the Event.
All Winners and Guests attend the Event – and travel to and from the Event – entirely at their own risk.
Bus/Coach transport will be provided for all Winners and their Guest from a central meeting point to the Event only. It is the Winner and Guests responsibility to arrange transport to and from home at their own expense.
The Promoter reserves the right to refuse to serve alcohol to any Winners and/or Guests who are deemed by the Promoter to be intoxicated. The Promoter reserves the right to ask any Winners and/or Guests deemed to be intoxicated to leave the Event immediately. The Promoter encourages responsible drinking.
Alcoholic beverages will only be served to those Event attendees who can
verify their proof of age when/if requested by the Promoter.
Meet & Greets with station talent and/or artists and/or celebrities are not included as part of the Prize, nor is anything other than what is listed in Item 11: Prize Details.
All Winners may, at the absolute discretion of the promoter, be provided with the following documents without limitation and required to sign:
- Indemnity & image release;
- Personal details form;
- A copy of the competition Terms & Conditions; and
- Other documentation as deemed necessary by the Promoter.
(“Documents”)
Each Winner must return completed & signed copies of these Documents to the Promoter prior to redeeming the Prize. Should a Winner and/or Guest refuse or fail to return any or all of these Documents by the time and date stipulated by the Promoter, the Winner may, at the Promoter’s absolute discretion, forfeit their right to the Prize, in which case the Guest will automatically forfeit their Prize too.
Winners and Guests must be available to attend the Event on the dates and times specified by the Promoter. If Winners and/or Guests are unavailable to attend on the specified dates and times, at the Promoter’s discretion the individuals may forfeit their Prize and the Promoter may award the Prize to another Entrant in their place.
Prizes are not transferable, for sale and are not redeemable for cash or any other goods and services.
Winners and Guests are hereby notified that they are attending this Event, and all related elements including but not limited to flights and transfers if applicable, at their own risk.
Should the Event need to be changed, moved or cancelled for any reason, the Promoter takes no responsibility and Winners and Guests will not be compensated.
Winners and Guests hereby acknowledge that they understand that they will be required to follow the Promoter’s instructions at all times.
All Guests are hereby notified that bag checks may be required by the Promoter before guests are granted entry to the Event.
Flights must be taken on the dates and times, and with the airlines, as specified by the Promoter. Winners and Guests must be available to travel on the dates and times specified by the Promoter. If Winners are unavailable to travel on the specified dates and/or times, at the Promoter’s discretion the Winner may forfeit their Prize and the Promoter may award the Prize to another Entrant in their place.
Flights and hotel are subject to change at the Promoter’s discretion.
Should the cost of flights and/or accommodation and/or transfers come in at less than the maximum value listed in Item 11: Prize Details, the Winner will not be provided with any additional goods, services or cash to supplement any remainder of the maximum prize value. Prize values listed in Item 11: Prize Details are indicative maximums only, and include travel agent fees.
Flight bookings include all airline and/or airport taxes as applicable. Flights are non-redeemable for cash. Flights are subject to the airline’s conditions of
carriage.
Prize does not include any ancillary costs that may be incurred by the Winner and/or Guests, nor does it include anything other than what is listed in Item 11: Prize Details.
Accommodation costs will be covered by the Promoter for room only. Any additional costs, including but not limited to room service, internet use, meals other than breakfast on day of check out, phone use and mini bar, will need to be covered by the Winner and/or Guests. All Winners are hereby notified that the hotel may require the Winner and/or Guest to provide a personal credit card upon check in at the hotel. Any such credit card requirements will be the sole responsibility of the Winner and/or Guest.
It is the Winner and Guest’s own responsibility to ensure they are on time for all flight and bus transfers. Should a Winner or Guest miss any element/s of the Prize, including but not limited to the Event, on account of missing a transfer, the Promoter will not compensate the Winner or Guest in any way.
The Promoter takes no responsibility for any flight delays, changes or cancellations. In the event of a flight disruption, the Promoter will not be liable should the Winner not be able to take part in any element of the Prize. The Promoter will not be liable to make good any element of the Prize not fulfilled due to a flight disruption.
Should a Winner and/or their Guest miss any of their flights or transfers, those individuals will be solely responsible for covering replacement travel arrangements at their own expense.
It is the responsibility of each Winner and their Guest to obtain the necessary travel insurance coverage for travel, and to cover any associated costs themselves.
If a Winner and/or their Guest would like to amend any details of their trip, including but not limited to the date of their return flight, the Promoter will provide the Winner and/or their Guest with the details of the relevant travel agency, and the Winner and/or their Guets will be fully responsible for making any amendments/arrangements directly with the travel agency, which can only be secured subject to availability at the time of booking, and the Winner and/or their Guest will be fully responsible for covering all costs involved with changing their trip details, including but not limited to flight change charges, transfers, and any additional accommodation on top of the provisions outlined in Item 11: Prize Details.
Facebook membership, Facebook pages, the ‘liking’ of Facebook pages, Facebook applications and use of Facebook generally are subject to the Facebook prevailing terms and conditions of use available at
www.facebook.com/policies.
The Promotion is in no way sponsored, endorsed, administered by, or associated with Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook.
Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other Internet users. To the extent permitted by law, each entrant agrees to indemnify, defend and forever hold harmless, Facebook and its associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by an entrant in respect of the entrant’s participation in the Promotion. Any questions, comments, or complaints regarding the Promotion must be directed to the Promoter and not to
Facebook.
By entering the Promotion, entrants acknowledge and agree that their personal information may be used by the Promoter and its external media partners including but not limited to the Winner’s and their Guests’ names, likeness, images and/or voices (including photograph, film or recording of the same) in any media (including but not limited to
www.radarsolsessions.com.au,
www.radarmusic.com.au,
www.facebook.com/Radarnewmusic) for an unlimited period without further notification, compensation or remuneration for the purpose of promoting this Promotion (including the prize) and any products of the Promoter.
The personal information supplied by entrants when entering this Promotion will be used by the Promoter in accordance with their Privacy Policy. Pinnacle Liquor Group Pty Limited’s privacy policy is available at
http://solbeer.com.au/legal/privacy-policy/.
All entrants may gain access to, update, correct or opt-out of Southern Cross Austereo Pty Ltd’s database by sending an email to
privacy@sca.com.au and of Pinnacle Liquor Group Pty Limited’s database by sending an email to
ragarwal@woolworths.com.au. If details are removed prior to the conclusion of the Promotion and/or awarding of the prize, entrants will forfeit their right to claim any prizes.
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 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 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.
Australian Competitions Club
