http://www.novafm.com.au/nova969/competition_carlton-draught-plastic-cup_2264Carlton Draught Plastic Cup Pub Trivia
It’s Australia’s richest footrace, there’s $100,003 up for grabs and Nova and Carlton Draught are giving you the chance to win the cash!
To enter, simply purchase a 24 pack of Carlton Draught cans or bottles, register your details below and Fitzy and Wippa might be calling you back to play “Pub Trivia”. Answer the trivia question correctly on air and you will win a spot in the $100,003 Carlton Draught Plastic Cup Race at the Cox Plate at Moonee Valley on Saturday October 22.
Purchase Carlton Draught and be listening to Nova for the chance to win!
** There is one prize winner per state (NSW, VIC, QLD, SA, WA) for this promotion.
We have our Victorian participant in the Carlton Draught Plastic Cup Race – Johnathon from Elwood, congratulations!
*** Victorian entrants, for the chance to win a spot in the Carlton Draught Plastic Cup Race, see Meshel, Tim and Marty broadcasting live at the Precinct Hotel for the Carlton Draught Plastic Cup Pub Tour next Friday, September 30
Name of Promotion
Carlton Draught Plastic Cup Pub Trivia
AND
Carlton Draught Pub Tour
Permit numbers
NSW Permit No. LTPS/11/08733
VIC Permit No. 11/2048
SA Licence No. T11/1930
Station and Station Website
Nova 969 (
www.novafm.com.au/nova969/ and
www.nova969.com.au)
Nova 100 (
www.novafm.com.au/nova100/ and
www.nova100.com.au)
Nova 1069 (
www.novafm.com.au/nova1069/ and
www.nova1069.com.au)
Nova 919 (
www.novafm.com.au/919/ and
www.nova919.com.au)
Nova 937 (
www.novafm.com.au/937/ and
www.nova937.com.au)
Promoter
Nova 100 Pty Ltd (ACN 094 934 684) of Level 2, 678 Victoria Street Richmond VIC 3121
Relevant State/s
NSW
VIC
SA
QLD
WA
Entry Restrictions
Entrants and their companions must be 18 years of age or over.
Entrants must be able to take the prize between Friday 21st October 2011 and Sunday 23rd October 2011, and be at Moonee Valley Racecourse, Melbourne on Saturday 22nd October 2011 to take part in the Carlton Draught Plastic Cup Race.
Entrants must be physically fit and sufficiently healthy so as to safely participate in the Prize.
It is a condition of entry of the race promoter of the 2011 Carlton Draught Plastic Cup Race that entrant’s sign an indemnity form prior to participating in the 2011 Carlton Draught Plastic Cup Race.
Dates, venues and schedules of the 2011 Carlton Draught Plastic Cup Race are not under the Promoter’s control and are subject to change and the Promoter takes no responsibility for any date, venue or schedule changes.
*The Promoter is not the organiser of the 2011 Carlton Draught Plastic Cup Race and the Promoter takes no responsibility for the running of the 2011 Carlton Draught Plastic Cup Race. Entrant’s participation in the 2011 Carlton Draught Plastic Cup Race is subject to the rules as provided to the entrants by Foster’s.
Web entrants must purchase a Carlton Draught 24-pack (24x375ml cans or
Current as at: 13 January 2011
Latest Revision Date: 13 January 2011
Contact: dmg Radio Australia’s Legal Counsel
page 2
bottles) to enter the Promotion. Web entrants must retain their Carlton Draught slab barcode or receipt for proof of purchase for each entry made (which may be requested by the Promoter).
If the winner of a Prize is unable to attend the Mooney Valley, Carlton Draught Plastic Cup Race on, Saturday October 22nd 2011, that winner may appoint a proxy to complete the race on their behalf. The winner must notify Nova, within 48hrs of being notified of their prize by the promoter.
Competition Period
The competition begins on Monday 19th September 2011.
Entries into the competition close at 12.00pm AEDST time on Wednesday 19th October 2011
Entry Method
Web entry: “Carlton Draught Plastic Cup Pub Trivia”
During the Competition Period:
(a) Listeners will be invited via Station on-air commercials to purchase a Carlton Draught 24-pack (24x375ml cans or bottles) then visit the Station Website and fully complete the online entry form, including by providing their name, address, contact number, email address and the barcode of their purchased Carlton Draught slab.
(b) All valid entries received will be placed into a random electronic prize draw in accordance with the Draw Details.
(c) The selected entrants from the draw will be invited to participate in the “Carlton Draught Plastic Cup Pub Trivia” on-air.
(d) Each selected entrant will be asked a trivia question and if the selected entrant answers the trivia question correctly (as determined by the Promoter in its sole and absolute discretion) the selected entrants will be deemed a winner and be awarded a Prize
(e) If the selected entrant does not answer the trivia question correctly (as determined by the Promoter in its sole and absolute discretion) the selected entrant will not be rewarded a Prize and the Station will select another entrant and steps (c) to (e) will be repeated until the trivia question is answered correctly and a winner is determined.
(f) Entrants must retain either their Carlton Draught 24-pack barcode or receipt for proof of purchase for each entry made.
*Across all Web entries there will be up to five (5) Prizes awarded with up to one (1) Prize awarded in each Relevant State (WA, SA, VIC, NSW, QLD). Once a Prize is won in a Relevant State no further Prize will be awarded in that Relevant State.
Street entry: “Carlton Draught Plastic Cup Pub Tour”
During the Competition Period:
(a) Listeners will be encouraged via Station on-air commercials to attend a location in their Relevant State during a specified time period.
(b) Listeners that attend the nominated location within the time period specified will receive a numbered bottle top which will correspond with numbers in the draw. (The location will be in and around the CBD of each Relevant State as specified by the Promoter and announced by the Station);
(c) During each street entry contesting spot a draw will be conducted in accordance with the Draw Details from the numbers allocated to entrants in each contesting spot;
(d) The entrant who holds the corresponding number to the number selected in the draw in each contesting spot will be awarded a Prize.
*Across all Street entries there will be up to fifteen (15) Prizes awarded, with the following Prizes awarded in each Relevant State:
- WA: up to one (1) Prize will be awarded in WA;
- SA: up to two (2) Prize/s will be awarded in SA;
page 3
- VIC: up to four (4) Prize/s will be awarded in VIC;
- NSW: up to four (4) Prize/s will be awarded in NSW;
- QLD: up to four (4) Prize/s will be awarded in QLD.
Once the Prize/s are won in a Relevant State no further Prize/s will be awarded in that Relevant State.
Maximum Number of Entries
Maximum four (4) entries per person during the Competition Period, however entrants may one win one (1) Prize each
Challenge Details
N/A
Challenge Date and Challenge Location
N/A
Draw Details
10 draws will be conducted (with 5 draws for Web Entry and 5 draws for Street Entry, as follows:
Web Entry Draws (Carlton Draught Plastic Cup Pub Trivia):
Draw 1: Between 2.00pm and 4.00pm AEST on Wednesday 21st September 2011 at Nova 96.9, Level 5, 33 Saunders Street Pyrmont NSW 2009
Draw 2: Between 2.00pm and 4.00pm AEST on Wednesday 28th September 2011 at Nova 96.9,Level 5, 33 Saunders Street Pyrmont NSW 2009
Draw 3: Between 2.00pm and 4.00pm AEDST on Wednesday 5th October 2011 at Nova 96.9, Level 5, 33 Saunders Street Pyrmont NSW 2009
Draw 4: Between 2.00pm and 4.00pm AEDST on Wednesday 12th October 2011 at Nova 96.9, Level 5, 33 Saunders Street Pyrmont NSW 2009
Draw 5: Between 2.00pm and 4.00pm AEDST on Wednesday 19th October 2011 at Nova 96.9, Level 5, 33 Saunders Street Pyrmont NSW 2009
*Across all Web entries here will be up to five (5) Prizes to be won with up to one (1) Prize to be won in each Relevant State (WA, SA, VIC, NSW, QLD).
** Once a Prize is won in a Relevant State no further Prize will be awarded in that Relevant State.
Street Entry Draws (Carlton Draught Plastic Cup Pub Tour):
Draw 1: Between 2.00pm and 6.00pm local WA time on Thursday 22nd September 2011 at a location in and around the Perth CBD as specified by the Promoter and announced by the Station
Draw 2: Between 3.30pm and 6.30pm local SA time Friday 23rd September 2011 at a location in and around the Adelaide CBD as specified by the Promoter and announced by the Station
Draw 3: Between 4.00pm and 7.00pm local NSW time on Friday 30th September 2011 at a location in and around the Sydney CBD as specified by the Promoter and announced by the Station
Draw 4: Between 4.00pm and 7.00pm local VIC time on Friday 7th October 2011 at a location in and around the Melbourne CBD as specified by the Promoter and announced by the Station
Draw 5: Between 3.00pm and 6.00pm local QLD time on Friday 14th October 2011 at a location in and around the Brisbane CBD as specified by the Promoter and announced by the Station
*Across all Street entries there will be up to fifteen (15) Prizes to be won, with the following Prizes awarded in each Relevant State:
page 4
- WA: up to one (1) Prize to be won in WA;
- SA: up to two (2) Prize/s to be won in SA;
- VIC: up to four (4) Prize/s to be won in VIC
- NSW: up to four (4) Prize/s to be won in NSW;
- QLD: up to four (4) Prize/s to be won in QLD.
Once the Prize/s are won in a Relevant State no further Prize/s will be awarded in that Relevant State.
Prize Details
Prize:
There are up to 20 Prizes to be won. Each Prize consists of:
- return economy flights for two (2) from the prize winner’s nearest capital city to Melbourne valued at up to $1,200 AUD (inc GST)**;
- two (2) night’s accommodation at Ibis Melbourne 15-21Therry Street, Melbourne VIC 3000 (or equivalent) for two (2), twin share in a standard room (as determined by the Promoter) valued at up to $500 AUD (inc GST)
- two (2) entry passes (for the winner and their companion who must be aged 18 or over) to the Cox Plate on Saturday 22nd October, 2011 at Moonee Valley Racecourse, Moonee Ponds to attend the Carlton Draught hospitality marquee (including drinks and luncheon) valued at up to $1,000 AUD (inc GST)
- return transfers between the Melbourne accommodation and Moonee Valley Racecourse valued at up to $600 AUD (inc GST);
- One (1) entry (for the winner) into the 2011 Carlton Draught Plastic Cup Race at the Cox Plate, Moonee Valley Racecourse, Moonee Ponds on Saturday 22nd October 2011, with the chance to win prizes up to the value of $100,003.00 (inc GST)*.
* subject to entrant winning the 2011 Carlton Draught Plastic Cup Race and subject to all terms and conditions and entry restrictions of that race as advised by the race promoter.
** VIC winners will not receive the flight or accommodation components of the Prize. (Individual Prize value for Victorian Prize Winners is valued at up to $1,600 AUD (inc GST)
In the 2011 Carlton Draught Plastic Cup race the 20 winners from this Promotion (the Contestants) must complete a 150 metre obstacle course carrying a full cup of Carlton Draught beer, and must cross the finish line with at least 200ml remaining in their cup.
Contestants in the 2011 Carlton Draught Plastic Cup race must follow the Race Rules (Rules) (provided by Foster’s Australia Limited (Foster’s)) at all times. At the completion of the 2011 Carlton Draught Plastic Cup race, Contestants must line up in finishing order to have the level of their beer verified by the race judges. The first Contestant to successfully cross the finish line in accordance with the Rules with no less than 200ml of beer remaining in their cup will be deemed the winner of the 2011 Carlton Draught Plastic Cup race and will win $100,003 (which will be awarded by way of bank cheque or EFT).
All Contestants in the 2011 Carlton Draught Plastic Cup race must fully comply with Foster’s instructions and the Rules at all times including wearing any promotional garments/protective gear as provided by Foster’s. During the race, Contestants must not interfere with other competitors (including, but not limited to, bumping, tackling, shoving or otherwise
page 5
making any contact with another Contestant in any manner which is deemed by the judges as being dangerous, intentional or reckless) or engage in any unsportsmanlike conduct. Contestants must not consume any illegal drugs or alcohol at the 2011 Cox Plate Day event prior to competing in the 2011 Carlton Draught Plastic Cup race. Any performance enhancing devices or drugs are strictly prohibited. Foster’s reserves the right to disqualify any Contestant from the 2011 Carlton Draught Plastic Cup race who fails to comply with the Rules or these conditions of entry.
In the event of any tie in the 2011 Carlton Draught Plastic Cup race, Foster’s will ask the tied Contestants to answer a question within 60 seconds and the Contestant who provides the best answer (as determined by Foster’s) will be deemed the overall winner of the 2011 Carlton Draught Plastic cup race.
*The Promoter is not the organiser of the 2011 Carlton Draught Plastic Cup Race and the Promoter takes no responsibility for the running of the 2011 Carlton Draught Plastic Cup Race. Entrant’s participation in the 2011 Carlton Draught Plastic Cup Race is subject to the rules as provided to the entrants by Foster’s.
Total Prize Pool
Up to $143,503 (inc GST)
Notification of Winners
Winners will be notified:
- in writing (via email)
- via telephone
- in person
- on air at the time of winning
- on the Station Website
Publication Details
Winners will be published in The Australian on Friday 21st October 2011
Prize Claim Date and Time
Prize/s must be claimed by 4.00pm AEDST on Friday 21st October 2011
Unclaimed Prize Draw Date and Publication Date
The unclaimed prize draw will be conducted between 4.30pm and 5.00pm AEDST on Thursday 20th October 2011 at Nova 100.3FM, Level 2, 678 Victoria Street, Richmond VIC 3121
Any winners of prizes in the unclaimed prize draw will be published in The Australian on Saturday 22nd October 2011.
Prize Delivery
The Prize/s will be available for collection by the winner from the winner’s closest Station. The Station will contact the winner when their Prize is ready for collection.
Trade Promotion: Game of Chance
Terms of Entry
1 These terms must be read together with the Schedule for this competition. The Schedule defines certain terminology used in these terms. By entering, entrants accept these terms. To the extent of any inconsistency between the Schedule and these terms, the Schedule prevails. For the avoidance of doubt, the Promoter’s General Terms of Entry (available on the Station Website) do not apply to this competition.
2 Entry is open only to residents of the Relevant State/s who comply with the Entry Restrictions (if any). Directors, officers, management, employees and other staff (and the immediate families of directors, officers, management, employees and other staff) of the Promoter or of its related bodies corporate, or of the agencies or companies associated with this competition or of any Australian commercial radio broadcaster are ineligible to enter.
3 The competition will be conducted during the Competition Period.
4 To enter the competition, entrants must follow the Entry Method during the Competition Period.
5 Entries must be received by the Promoter during the Competition Period. Entrants may submit up to the Maximum Number of Entries. Multiple entries (where permitted) must be submitted separately.
6 The Promoter accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over communications networks or services, the Internet, or computer or telephone networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. Any form of automated entry using any device or software is invalid. Entries 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.
7 If this promotion involves SMS entry, the maximum cost of each SMS is 55 cents (inc GST) and entries must be submitted from the entrant’s mobile phone. SMS entry is only open to entrants with an SMS compatible mobile phone with calling line identification connected to a service provider which permits text and premium messaging to and from the promotional SMS number. Entrants should check with their network service provider to see if their mobile phone is compatible. Entrants under the age of 18 must obtain the bill payer’s permission prior to entering. The Promoter’s Service Provider is 5th Finger Pty Ltd (helpline: 1300 464 866).
8 If this promotion involves entry via a competition phone line, the maximum cost of a call to the competition phone line is 55 cents (inc GST) except that higher rates may apply from mobile or public phones. Entrants under the age of 18 must obtain the bill payer’s permission prior to entering.
9 The draw/s (if applicable) will be conducted in accordance with the Draw Details. The prize/s will be awarded to a valid entrant or entrants (as applicable) randomly drawn in accordance with the Prize Details.
10 If the competition involves a challenge as described in the Challenge Details (the Challenge), the Challenge will be conducted in accordance with the Challenge Details
page 2
on the Challenge Date at the Challenge Location. If an entrant participating in the Challenge is deemed, by representatives of the Promoter, to have completed the Challenge successfully within the time period specified by the Promoter (where applicable), and in accordance with any other criteria specified in the Schedule or by the Promoter, they will receive a prize as described in the Prize Details. Unless otherwise specified, entrants are responsible for making their own way to and from the Challenge Location to participate in the Challenge. If the Challenge Location is specified to be an “entrant’s home” or similar, the entrant warrants that the address nominated by the entrant is the address where the entrant lawfully and usually resides and that the entrant has authority to allow persons access to the home and the land on which it is situated. The entrant consents to the Promoter and any other persons as required by the Promoter accessing and entering the home and the land, for the duration of the Challenge and for any period before or after the Challenge, as reasonably required for the purposes of the Challenge. Unless the contrary intention appears, a reference in these terms to the word “person” includes an individual, a firm, a body corporate, a partnership, a joint venture, an unincorporated body or association, or any government agency or entity.
11 The prize/s are specified in the Prize Details. The total prize pool is specified in the Total Prize Pool section of the Schedule.
12 Where a prize includes international or domestic travel, the prize cannot be taken during peak periods and must be booked and completed as specified by the Promoter and/or the supplier or organiser of the prize. If the prize is event based, travel must be taken to coincide with the relevant event on the dates specified by the Promoter. Any flights and accommodation constituting part of a prize are subject to booking and availability. All costs associated with a travel prize which are not specified to be included in the prize, including but not limited to any transfer costs, meals, taxes, insurance and other ancillary costs, are the responsibility of the winner and their companion/s. The winner and any travelling companion/s are responsible for ensuring that they have all necessary travel insurance and documents to travel to the relevant place (including a current passport and visas, if required). The Promoter is not responsible for any cancellation, delay or rescheduling of flights and any costs incurred as a result (including, without limitation, accommodation costs) will be the sole responsibility of the winner. Where a prize includes international travel, winners are advised to consult their healthcare professional regarding recommended immunisations and/or health checks prior to travelling and to check for travel warnings and any perceived hazards with appropriate authorities, including
www.dfat.gov.au.
13 If the prize includes any vehicle (Vehicle), including a motor vehicle/motorcycle/motor scooter/boat or any other vehicle, the prize does not include any insurance or accessories not specified. If a winner of a Vehicle is under the age of 18 years, the prize will be awarded to the winner’s parent or guardian. The winner or his or her parent or guardian (as the case may be) (Deemed Winner) is responsible for arranging their attendance at the premises nominated by the Promoter to collect the Vehicle. Where required, the Deemed Winner must provide all information and sign all documentation necessary to enable the Promoter to register the Vehicle in the name of the Deemed Winner prior to collection. To be eligible to claim the Vehicle, the Deemed Winner must be capable of obtaining registration of the Vehicle in his or her name in accordance with any applicable legislation in the Relevant State in which the Vehicle is collected. If the Deemed Winner is, through any legal incapacity or otherwise, unable to register the Vehicle in his or her name then he or she may assign the Vehicle to another person with legal capacity for the purpose of registration of the Vehicle.
14 Where a prize involves the winner:
page 3
(a) attending an event, if any part of the event is abandoned, called off, varied or postponed for any reason, then at the Promoter’s discretion, the relevant winner (and their companion/s, if applicable) forfeits all rights to attend the relevant event and no cash or alternative tickets will be substituted for that element of the prize; and/or
(b) meeting or attending a function with a celebrity or other public figure, the Promoter will not be liable for the failure of the winner (and their companion/s, if applicable) to meet that person or failure of that person to attend the function, for whatever reason.
15 If the prize includes vouchers, all vouchers are valid until the voucher expiry date as specified on the voucher or by the provider of the voucher. Vouchers are subject to the conditions stipulated by the provider of the voucher. If the total value of a voucher is not used at the time of redemption, a new voucher may (subject to the conditions stipulated by the provider) be issued for the remaining amount. Any such further voucher is valid for the remainder of the original voucher expiry period. Vouchers cannot be redeemed for further vouchers.
16 If the prize includes tickets, all tickets are valid for the date or period as indicated on the tickets. Tickets are subject to the conditions stipulated by the provider of the tickets.
17 If a winner of a prize is under the age of 18 years (where entry by persons under 18 is permitted), the Promoter may, at its discretion, award the prize to the winner’s parent or guardian.
18 The Promoter may, at its discretion, require any person taking any prize to be 18 years of age or over, or if a person is under the age of 18, require that that person be accompanied by a parent or legal guardian while taking the prize.
19 The Promoter may in its absolute discretion prohibit an entrant’s participation in this competition, cancel a prize or otherwise cease to provide any benefit of a prize to a winner and their companion/s if the entrant or the winner (or their companion/s), in the opinion of the Promoter, is under the influence of alcohol or any other drug, behaves aggressively or offensively, or behaves in a manner which may diminish the good name or reputation of the Promoter or any of its related bodies corporate (or of the business of the Promoter or any of its related bodies corporate), is contrary to law or is otherwise inappropriate.
20 The Promoter encourages consumers to enjoy alcohol responsibly. Legal aged consumers are advised to consider the safe drinking levels recommended in the National Health and Medical Research Council Australian Alcohol Guidelines. A full version of the Guidelines is available at
http://www.alcoholguidelines.gov.au/.
21 All entries and materials submitted to the Promoter in connection with this competition (in any form, including without limitation in hard copy or electronic form), become the property of the Promoter and each entrant warrants that it has the right to transfer these things to the Promoter. The Promoter may use such entries and materials and any intellectual property rights subsisting in them in any medium and in any manner it sees fit, including without limitation, by reproducing, modifying or adapting such entries and materials.
22 Entrants must, at the Promoter’s request, participate in all promotional activity (such as publicity and photography) surrounding this competition or the winning of any prize, free of charge, and they consent to the Promoter and its related bodies corporate using their name and image in promotional material. Without limitation, entrants consent to being broadcast, filmed, photographed or otherwise recorded without compensation while participating in this competition, or any Challenge involved in this competition, or in
page 4
taking or using any prize, and they consent to the Promoter repeating any such broadcast, film or other recording at any time.
23 If an entrant is unable to or refuses or fails to take part in any element of this competition (including, without limitation, a Challenge forming part of this competition), or a winning entry is deemed not to comply with these terms, the Promoter reserves the right to discard that entrant’s entry and proceed as if that entrant had not entered the competition. Entries that, in the Promoter’s judgment, are offensive, defamatory or otherwise objectionable or inappropriate or that infringe any third party rights will be invalid. The judges’ decision is final and no correspondence will be entered into.
24 The winner/s will be notified as stated in the Notification of Winners section of the Schedule and their name and state of residence will be published in accordance with the Publication Details. By entering this competition, each entrant requests that his or her full address not be published.
25 If any prize is not claimed by the Prize Claim Date and Time, the relevant winner’s entry will be deemed invalid and the Promoter reserves the right to conduct such further draws on the Unclaimed Prize Draw Date as are necessary to distribute the prize/s, subject to any directions given by any relevant authority. If required by law or any relevant authority, the winner/s will have their name and state of residence published in accordance with the Unclaimed Prize Draw Publication Details. If a prize is no longer capable of being redeemed, the new winner/s will receive a prize, as determined by the Promoter, of equivalent value (as if the original prize had been awarded to that person, less any administrative expenses incurred by the Promoter), subject to the approval of the relevant authorities in the Relevant State/s, if required. If no Unclaimed Prize Draw Date is specified, any unclaimed prize/s will be distributed at the Promoter’s discretion.
26 Entrants acknowledge that there may be inherent risks in some aspects of the competition, including without limitation any Challenge involved in this competition, or the prize and that participation in the competition and/or using the prize may involve participating in dangerous activities. By entering this competition and/or accepting the prize, entrants accept that risk.
27 In order to participate in this competition and/or the activities which may be awarded as part of the prize, the winner (and their companion/s, as applicable) must comply with applicable height, weight, health, fitness, skill, balance, dexterity and any other requirements normally associated with the particular activity. It is the entrant’s responsibility to ensure that they (and their companion/s, as applicable) are sufficiently healthy and fit so as to safely participate in this competition and/or undertake the activities awarded as part of the prize. The Promoter reserves the right to deem that an entrant/winner (or their companion/s, as applicable) is not sufficiently healthy or fit. The entrant/winner must comply with all requirements and directions of the people responsible for the conduct of the relevant activity and must ensure that their companion/s also comply, if applicable.
28 If requested by the Promoter, any entrant or winner (and their companion/s, if applicable) (or if an entrant, winner or companion is not an adult, their parent or guardian) must sign an indemnity and exclusion of liability form (provided by the Promoter) in favour of all parties involved in this competition and/or providing the prize prior to undertaking any specified activities forming part of the competition or prize. If any entrant, winner, nominated companion or parent/guardian (if applicable) do not sign the indemnity form provided by the Promoter within the time requested by the Promoter, the relevant entrant’s or winner’s entry or claim will be deemed invalid. Where a winner’s entry or claim is deemed invalid, the Promoter reserves the right to determine a new winner in accordance with paragraph 9 or 10 (as applicable).
page 5
29 Prizes and participation in this competition are subject to any conditions imposed by the supplier or organiser of the prize, as applicable.
30 The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this competition or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
31 Without limiting the previous paragraph, the Promoter and its associated agencies and companies will not be liable for any damage to or delay in transit of prizes. Prizes will be provided by the Promoter to the winner/s as stated in the Prize Delivery section of the Schedule.
32 The Promoter may require the winner/s to provide identification as requested by the Promoter including (without limitation) proof of identity, proof of age and proof of residency. Identification considered suitable for verification is at the Promoter’s discretion.
33 If due to any reason whatsoever the Promoter becomes aware after an entrant has won a prize that the entrant has not complied with these terms, that entrant will have no entitlement to the prize, even if the Promoter has announced them as a winner and that entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the prize.
34 The Promoter may, in its sole discretion, disqualify any or all entries from, and prohibit further participation in this competition by, any person who tampers with or benefits from any tampering with the entry process or with the operation of the competition or acts in violation of these terms, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.
35 No prize is transferable or exchangeable, nor can it be redeemed for cash. In the event for any reason a winner does not take an element of any prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be supplied in lieu of that element of the prize. The Promoter accepts no responsibility for any variation in prize value. Where a prize is unavailable for any reason, the Promoter may substitute for that prize another item of equal or higher value as determined by the Promoter, subject to the approval of the relevant authorities in the Relevant State/s, if required. Without limiting the foregoing, the Promoter may, at its absolute discretion, substitute cash for any prize (the amount of cash being equal to the prize value specified in the Prize Details).
36 Without limiting paragraph 30, the Promoter and its associated agencies and companies make no warranties or representations about the fitness for purpose or suitability of any prize and will not accept responsibility for the quality or fitness for any purpose of any prize, or the failure of any prize to be of merchantable quality. If liability under terms implied by legislation cannot be excluded, the liability of the Promoter and its associated agencies and companies is limited to re-supplying the relevant goods or services or paying the cost of replacing them.
37 If for any reason any aspect of this competition is not capable of running as planned, including by reason of infection by computer virus, telephone network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the competition, or invalidate any affected entries, subject to the approval of the relevant authorities in each Relevant State, if required.
page 6
38 Without limiting any other paragraph, the Promoter may at its discretion amend any aspect of this competition or of these terms, subject to applicable laws and subject to the approval of the relevant authorities in each Relevant State, if required.
39 The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. Where the operation of this competition results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
40 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 competition has given their implied or express consent for their details to be provided to the Promoter and any of its related bodies corporate and to be contacted by the Promoter or any of its related bodies corporate in relation to this competition.
41 The information entrants provide will be used by the Promoter for the purpose of conducting this competition. By entering this competition, entrants consent to the storage of their personal information on the databases of the Promoter and its related bodies corporate and the Promoter and its related bodies corporate may use this information for future promotional and marketing purposes regarding their products and services including contacting entrants via electronic messaging. The Promoter may disclose entrants’ personal information to its contractors and agents to assist in conducting this competition or communicating with entrants. The Promoter is bound by the National Privacy Principles in the Privacy Act 1988. Listeners can view the dmg Radio (Australia) Privacy Policy at
www.dmgradio.com.au/privacy. Entrants can request access to the personal information the Promoter and its related bodies corporate hold about them by contacting the Promoter at the address stated in the Schedule.
42 Unless the contrary intention appears, a reference in these terms, the Schedule or in any advertisement relating to this Competition, to Australian dollars, dollars, AUD$ or $ is a reference to the lawful currency of Australia.
43 Where the competition is administered on Facebook, entrants and participants in the competition acknowledge that the competition is in no way sponsored, endorsed or administered by or associated with Facebook and entrants and participants in the competition release Facebook and its associated companies from all liability arising from the competition.
Australian Competitions Club
