TERMS AND CONDITIONSTHE TODAY SHOW –TODAY’S GREAT CASH GIVEAWAY (“THE COMPETITION”)
CONDITIONS OF ENTRY (“THE RULES”)
1. Information on how to enter and prizes form part of these Conditions of Entry. Entries not completed in accordance with the Conditions of Entry or received after close of entry will not be considered. Incomplete or inaudible entries will be disregarded. The Promoter’s decision in relation to any aspect of the promotion is final and binding on every person who enters. No correspondence will be entered into.
2. Entry is open to all persons of Australian residence, except for employees of the Promoter, 5th Finger Pty Ltd and their immediate families, and all companies and agencies associated with this promotion. If the entrant is under the age of 18 years, the entrant must have prior parental or legal guardian consent to enter. If the winner is under the age of 18 years, the prize will be awarded on behalf of the winner to the winner’s parent or legal guardian.
REGISTRATION PROCESS:
3.
The Competition commences at 0530 AEST on Wednesday 11 May 2011 and final entries close at 1600 AEST on Thursday 26 May 2011. All times are AEST and AEDST during daylight savings periods in NSW. Each draw will take place at 5th Finger, Level 7, 264 George St, Sydney NSW 2000 at 16:30 AEST on the date stipulated in Table A. Lines will remain open between 0530 AEST Wednesday 11 May 2011 and 1600 AEST Thursday 26 May 2011. Any entries received after a particular Draw Period has closed will be entered into the next Draw Period. The winners will be determined as per Conditions 8 onwards. All winners will be notified in writing and will be published in the Australian newspaper on the dates stipulated in the table below.
4. There are two ways of registering for the Competition:
a. 1-90 Call: Participants can call and register their full name, address and a telephone number they will be able to be contacted on during the time stipulated in Table A to 1902 555 901 Maximum 1-90 entry cost per message is 55c including GST. Calls from mobiles and pay phones may attract a higher rate. 190 Service Provider is 5th Finger Pty Ltd.
b. SMS: Participants can text their name and phone number they will be able to be contacted on during the time stipulated in Table A to 199 55 901. Participants only need to submit a phone number that they can be contacted on if it differs from the mobile phone they entered the competition on. Maximum SMS entry cost per message is 55c including GST. The SMS entry mechanic is only open to consumers with a SMS compatible mobile phone connected to a service provider which permits text messaging to the promotional SMS number. It is recommended that entrants check with their individual service provider in this regard. Premium SMS Service Provider is 5th Finger Pty Ltd. Helpline number 1300 464 866.
5. Multiple competition entries are permitted, subject to the following: (a) only one entry permitted per SMS message or 190 call; and (b) each entry must be submitted separately and in accordance with the entry requirements.
6. For the removal of doubt, all un-drawn entries will be carried over into the subsequent Draw Periods.
7. The promoter is neither responsible nor liable for late, lost, misdirected, incomplete or inaudible entries.
TABLE A – Promotion Schedule
Draw Period
Close Time AEDST
Close Date
Winners Drawn Time AEST
Winners Drawn Date
Winner calls (2 calls) made during the Today show broadcast between 0530 – 1000 AEST
Publication date in the event of winners
1
1600
13/05/11
1630
13/05/11
14/05/11
26/05/11
2
1600
13/05/11
1630
13/05/11
15/05/11
26/05/11
3
1600
13/05/11
1630
13/05/11
16/05/11
26/05/11
4
1600
16/05/11
1630
16/05/11
17/05/11
26/05/11
5
1600
17/05/11
1630
17/05/11
18/05/11
26/05/11
6
1600
18/05/11
1630
18/05/11
19/05/11
26/05/11
7
1600
19/05/11
1630
19/05/11
20/05/11
26/05/11
8
1600
20/05/11
1630
20/05/11
21/05/11
02/06/11
9
1600
20/05/11
1630
20/05/11
22/05/11
02/06/11
10
1600
20/05/11
1630
20/05/11
23/05/11
02/06/11
11
1600
23/05/11
1630
23/05/11
24/05/11
02/06/11
12
1600
24/05/11
1630
24/05/11
25/05/11
02/06/11
13
1600
25/05/11
1630
25/05/11
26/05/11
02/06/11
14
1600
26/05/11
1630
26/05/11
27/05/11
02/06/11
SELECTION OF WINNERS
8. All phone calls to entrants will be made during the live broadcast of the Today Show on the date stipulated in Table A. For draw periods 1 through 13 inclusive, the Promoter will randomly draw two (2) entrants from all valid entries registered in the Draw Period and record the order in which entries were drawn. A total of Two (2) entrants will be called each day. All drawn entrants will be called during the live broadcast on the dates stipulated within Table A for their chance to win.
9. For Draw Period 14, the Promoter will randomly select fifteen (15) entrants from all valid entries registered in the Draw Period and record the order in which entries were drawn. Two (2) entrants will be called the following broadcast day (as stipulated in Table A) for their chance to win. In the event that the 2nd person drawn in this period is not a valid winner, then the Promoter will call the remaining 13 entrants in the order they were drawn and recorded to ensure that all remaining monies are awarded. In the event this process does not result in all monies being awarded, they will be awarded in the unclaimed prize draw as set out in Condition 29.
10. The Promoter reserves the right to draw additional reserve entries (and record them in order), in the event that an invalid entry is drawn or an entrant drawn is ineligible.
11. An entrant (except residents of SA, due to SA legislation) is limited to being drawn once during the course of the Competition.
12. Promoter will call the randomly drawn entries, in the order they were drawn and recorded, and via their fixed line telephone and/or mobile telephone number from which their entry was originally received. In the event that within their entry, the entrant stipulates a different number from which their entry was originally received, this number will be used to call the entrant. If the entrant called satisfies Condition 13 they will be confirmed as the prize winner for that Draw Period.
13. To be a valid winner:
a. The entrant called must answer this call within five (5) rings.
b. Upon answering the call, the entrant must state “I Wake up with Today” (or alternative phrase as deemed suitable by the Promoter in its absolute discretion). If a representative of the initial entrant answers the fixed line telephone and/or mobile telephone number from which the entry was originally received, and fulfils this criteria by answering with “I Wake up with Today” that representative also has a right to win on behalf of, and subject to the agreement with, the original entrant as deemed suitable by the Promoter in its absolute discretion. In this event, both the representative and the entrant are deemed entrants and clause 11 applies to both the entrant and the representative.
c. The person must answer the phone live when called. No recording devices including but not limited to answering machines will be accepted.
The final decision in determining whether or not an entrant has answered the phone in a manner in which deems them valid to be considered a winner, will remain at all times with the Promoter and will be determined by the Executive Producer of the Today Show or his nominated representative on the day. No correspondence will be entered into The Promoter advises that the entrant take care in preparing to answer the call correctly (including but not limited to ensuring that the entrants phone is close within reach at all times). For the removal of doubt, the Promoter is neither responsible nor liable for any loss or damage suffered in the event that the entrant is unable to correctly answer the call as required.
14. If the entrant does not qualify as outlined above in Condition 13, that entrant will not be a valid winner and will be awarded a consolation prize of $500 Inc GST. In this case, the major prize that was available for this person will be forfeited and will go into the next prize pool for the next drawn entrant.
15. In the event that any of the Today Show programs are changed delayed or cancelled, the winner announcements that were scheduled for that broadcast will be carried out in the next show broadcasted during the promotional period.
16. The Promoter reserves the right to request that winners provide proof of identity. Identification considered suitable for verification is at the discretion of the Promoter.
17. It is a condition of participation that a winner will be required to sign legal releases in any form to be determined by the Promoter at its absolute discretio
PRIZES
18. In each draw two (2) entrants will have the opportunity to win a minimum of $5,000. Any monies that are not won during any Draw Period will be added to the next Draw Period. The minimum prize value per Draw Period is $5,000 and the maximum prize value per Draw Period will be $140,000 (for the removal of doubt the maximum prize value would only be awarded if no valid winners were determined during Draw Periods 1 through 13).
19. The maximum total prize pool available is $140,000. In the event that there are no major prize winners throughout the entire promotion, each drawn entrant called will receive a $500 consolation prize therefore the maximum total prize pool for the consolation prize is $20500. The total prize pool is $160,500.
20. Cash prizes will be awarded in the form of a cheque made in favour of the winner. Prizes are not transferable or exchangeable. Any prizes won by a contestant will be sent to their last known address within 28 days of broadcast of the episode of the program.
GENERAL
21. If the winner is under the age of 18 years, the prize will be awarded to the winner’s parent or legal guardian on behalf of the winner. It is the responsibility of the winner’s parent/legal guardian to prove their parental status/ legal guardianship at the time of winner notification. In the event that for any reason whatsoever a person/s mistakenly represents themselves to be a winners parent and/or legal guardian, then that person will be liable for all costs associated with relocating and/or re-awarding the prize (including but not limited to and administrative fees incurred by the Promoter). Where relevant., the Promoter is only responsible for ensuring that the prize is awarded to a person who is either a parent or legal guardian of the winner. The Promoter is not responsible for determining any other delivery details or taking direction that relates to any ongoing family law negotiations and/or determinations. These are the responsibility of the winner and their respective parent/s and/or legal guardian/s.
22. In the event that for any reason whatsoever the prize winner does not take the prize or an element of the prize at the time stipulated by the Promoter, then the prize or that element of the prize will be forfeited by the prize winner and cash will not be awarded in lieu of the prize or that element of the prize.
23. All prizes must be taken as offered. Prizes, or any unused portion of a prize, are not transferable or exchangeable. Prizes are valued in Australian dollars. The Promoter accepts no responsibility for any variation in the prize value. Prize winners are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize.
24. By entering the promotion via SMS an entrant consents to the Promoter using their personal details for the purposes of sending one (1) mobile terminated (MT) reply message which includes a confirmation of your entry in the promotion and to be used to contact the entrant if required for any reason in relation to their competition entry.
Copyright Nine
25. It is a condition of accepting a prize that the winner agrees to be interviewed, photographed and filmed at any time during the acceptance of the prize by the Promoter or their agents for a story or feature on this promotion to be developed and featured on the Nine Network (or any other form of media it deems suitable) without further remuneration or reference to the participant. Details may feature on Nine Network on a date to be determined by the Promoters. The inclusion of any such feature (including but not limited to creative control of the feature) will remain with the Promoter at all times.
26. Participants must ensure that all care is taken when dialing or sending messages to the promotional number. It is the complete responsibility of the participant to ensure that they dial or SMS the correct number, in the event that an error occurs the Promoter accepts no responsibility for either, costs incurred, responses received or all other consequences. This is the responsibility of the participant.
27. The use of any automated entry software or any other mechanical or electronic means that permits the entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
28. The Promoter and/or the program producer reserve the right, to terminate any entrant’s call if, in their sole discretion, they believe that the entrant is being in any way impolite, abusive or offensive and to prohibit any such entrant from future entry to the Promotion during the entire promotional period. Any such entrant’s prior entries to the competition will also be deemed invalid.
29. The Promoter reserves the right to verify the validity of entries (including but not limited to verifying an entrant’s age) and to disqualify any entrant who tampers with the entry process (including but not limited to tampering by way of the utilisation of techniques designed to avoid the payment of call costs or the utilisation of automated entry software) or who submits an entry that is not in accordance with these conditions of entry. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
30. Subject to all the requirements under any relevant state and territory regulations and any written directions from any regulatory authority, the Promoter may conduct such further draws at the same place as the original draws as are necessary at 1000 AEST on Monday, 29 August 2011 in order to distribute any prizes unclaimed by that date. In the event of any winners of prizes valued at over $250, the winners will be notified in writing and their names will be published in The Australian on Thursday, 1 September 2011.
31. It is a condition of entry that all entrants agree acknowledge that by virtue of participating, their voices may be recorded and put live on air during The Today show program and consent to such recording and airing. Further, entrants agree that they may be interviewed, photographed and/or filmed at any time during their participation in the promotion. Entrants acknowledge that although there is no obligation upon the Promoter to use such recording(s), images or footage, if the Promoter elects to do so, the winner consents to the Promoter using their name, image, likeness and/or voice in any media for the purpose of promoting this competition, (including any outcome), The Today show program or the Promoter itself, for an unlimited period of time without remuneration.
32. The Promoter is not responsible for any incorrect or inaccurate information, either caused by the phone user or for any of the equipment or programming associated with or utilised in this competition, or for any technical error, or any combination thereof that may occur
in the course of the administration of this competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.
33. If this competition is not capable of running as planned due to any reason whatsoever, including but not limited to, programming changes, technical failures (either in the administration of the promotion or the broadcast of the television program), unauthorised intervention, fraud or any causes beyond the control of the Promoter which corrupt or affect the conduct, administration, security, fairness or integrity of the promotion, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law and subject to any written directions given by a regulatory authority, to: (a) modify, suspend, terminate or cancel the promotion; and/or (b) disqualify any entrant, as appropriate, including banning an entrant from participating in future promotions conducted by the Promoter, for any reason including, but not limited to, behaving in any manner that is, as determined by the Promoter in its absolute discretion, deemed to be inappropriate or contrary to any broadcast codes, regulations or any applicable laws including mentioning or promoting any product, service, venture or item or using inappropriate language or saying anything that may in the producer's reasonable opinion be abusive, rude, threatening, offensive, harmful or hurtful to any other third party.
34. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability (including negligence) for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these conditions of entry; (e) any tax liability incurred by a winner or entrant; (f) participation in the promotion and/or (g) redemption of the prize.
35. The Promoter accepts no responsibility for any SMS messages not received by the Promoter or delays in the delivery of the SMS message due to technical disruptions or for any other reason. An entry will only be counted as being received when it has been received by the Promoter’s software system, not when it was sent from the handset.
36. All entries become the property of the Promoter. The collection, use and disclosure of personal information in connection with this promotion are governed by the Promoter’s Privacy Notice available from Channel 9 and these Conditions of Entry. The Promoter may use information it collects in relation to you to provide you with information regarding further offers, promotions or goods and services provided by the Promoter and/or the Promoter’s partners and sponsors. The Promoter may also disclose information about you to its service providers to enable the Promoter to provide you with services. Your personal information may be disclosed to State and Territory lottery departments and winners’ names published as required under the relevant lottery legislation. You consent to the Promoter’s use and disclosure of information about you as contemplated by this condition. To remove your information from the Promoter’s records, please send an email to
competitions@nine.com.au with your name, mobile phone number and your request to cancel the service. If you wish to update or modify your details, please email
competitions@nine.com.au with your name, mobile phone number and your request to update or modify your details.
37. To the full extent permitted by law, The Promoter will not be liable to you in respect of any claim for any loss or damage whatsoever (including, without limitation, any consequential, indirect, special, punitive or incidental damages) or for any personal injury suffered by you as a result of or in connection with the Promoter’s provision of the Service. Certain legislation may imply warranties or conditions or impose obligations (collectively Provisions) in relation to the Promoter’s provision of services to you which cannot be excluded, restricted or modified except to a limited extent. If those Provisions apply, to the extent that the Promoter is entitled to do so, the Promoter’s limits its liability in respect of any claim under those Provisions to, at the Promoter’s option, the supply of the relevant services again or the payment of the costs of having the services supplied again.
38. The Promoter is Nine Network Australia Pty Limited, ABN 88 008 685 407 of 24 Artarmon Rd, Willoughby, NSW 2068. You can contact the Promoter in relation to the promotion by mail to this address or by telephone to (02) 9906 9999.
39. Authorised under permit numbers: NSW: LTPS/11/04100, VIC: 11/876
SA: T11/882, ACT: TP11/01708.1
Australian Competitions Club
