https://www.facebook.com/pages/Nestle-Soleil/211400515597525?sk=app_157835694315730
Name of Promotion
Nestlé Soleil – Feeling It
Station and Station Website
Nova 969 (
www.feelingit.com.au)
Nova 100 (
www.feelingit.com.au)
Nova 1069 (
www.feelingit.com.au)
Promotion Website
www.feelingit.com.auPromoter
Nova 100 Pty Ltd (ACN 094 934 684) of Level 2, 678 Victoria Street Richmond VIC 3121
Promotion Sponsor
Fonterra Brands Australia Pty Ltd (ABN 80 095 181 669)
327 Ferntree Gully Rd, Mount Waverley, Victoria, 3149
(“Fonterra Brands Australia”).
Relevant State/s
NSW
VIC
QLD
Entry Restrictions
Entrants and their Nominated Person must be 18 years of age or over.
By entering this Promotion, entrants grant to the Promoter and Fonterra Brands Australia a non-exclusive, perpetual, Australia wide, royalty free, transferable licence to use and exploit any material submitted as part of their entry and their participation in the Promotion for the purposes of conducting and promoting this Promotion and for the purpose of advertising and marketing the Promoter and Fonterra Brands Australia, on all media now known or later devised.
As part of this Promotion entrants are required to nominate a person who boosts their confidence and helps them „feel it‟ (the “Nominated Person”).
It is a condition of entry that the entrant‟s Nominated Person must reside in the same State as the entrant (i.e. if the entrant is a resident of Queensland the entrant‟s Nominated Person must also be a resident of Queensland). Should an entrant submit a Nominated Person who does not reside in the same State as the entrant, the entrant (and their Nominated Person) may be deemed ineligible to enter.
Entrants must provide a valid residential or work address for their Nominated Person.
Entrants who enter this Promotion do so on behalf of their Nominated Person and not for their own benefit (i.e. the entrant‟s Nominated Person will be awarded the Prize). Entrants acknowledge and agree that they have no entitlement to any Prize by entering this Promotion (as determined by the Promoter in its sole and absolute discretion).
Entrants must ensure that their Nominated Person is available between 9am and 5pm (local time) from Friday 18th November and Friday 25th November 2011 at the address (work or residential) nominated in the entrant‟s entry to be able to receive a Prize. If the entrant‟s Nominated Person is unavailable during the above listed dates and times for any reason the selected entrant must be able to collect the Nominated Person‟s
Current as at: 5 September 2011
Latest Revision Date: 5 September 2011
Contact: dmg Radio Australia’s Legal Counsel
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Prize from the Station or as directed by the Station and arrange delivery of the Prize to their Nominated Person.
Entrants must have the express consent of the Nominated Person to provide their name and contact details to the Station and ensure their Nominated Person is aware that representative/s of the Promoter may arrive unexpectedly at the Nominated Person‟s home or office to deliver a Prize to the Nominated Person, including by providing their Nominated Person with the Terms of Entry for this Promotion. Entrants who have not obtained this permission or have not made their Nominated Person aware of the Terms of Entry of this Promotion may be deemed ineligible to enter (as determined by the Promoter in its sole and absolute discretion).
By entering this Promotion entrants (and their Nominated Person) acknowledge and agree that their participation in the Promotion may be broadcast, filmed, photographed or otherwise recorded (both audio and audio/visual) (“Recording”) by the Promoter and entrants and their Nominated Person grant to the Promoter a non-exclusive, royalty free licence to use the Recording for the purposes of conducting and promoting this Promotion, broadcasting online or though other multimedia, for a period up to and including 12 months‟ after the completion of the Competition.
By entering this Promotion entrants consent to the Promoter sharing their contact information with the Promotion Sponsor, Fonterra Brands Australia. Fonterra Brands Australia may store entrants personal information on Fonterra Brands Australia databases (including its related bodies corporate) and may use this information for future promotional and marketing purposes regarding their products and services including but not limited to contacting entrants via electronic messaging. Fonterra Brands Australia may disclose entrants “personal information” to its contractors and agents to assist in communicating with entrants. Fonterra Brands Australia is bound by the National Privacy Principles in the Privacy Act 1988. Entrants can view the Fonterra Brands Australia Privacy Policy at
www.fonterra.com.]. Entrants can request access to the personal information Fonterra Brands Australia and its related bodies corporate hold about them by contacting Fonterra Brands Australia at the address contained in the Fonterra Brands Australia Privacy Policy. Entrants may unsubscribe from communications from Fonterra Brands Australia (electronic or otherwise) by following the unsubscribe procedure contained in Fonterra Brands Australia‟s communications to subscribers.
Competition Period
Entry Phase 1:
The competition begins at 5:30pm AEDST on Monday 14th November 2011
Entries into the competition close at Midnight AEDST on Wednesday 16th November 2011
Judging Phase 1:
Judging will take place between 9am AEDST and 11am AEDST on Thursday 17th November 2011.
Entry Phase 2:
The competition begins at 12:10pmAEDST on Thursday 17th November 2011
Entries into the competition close at Midnight AEDST on Wednesday 23rd November 2011
Judging Phase 2:
Judging will take place between 9am AEDST and 11am AEDST on
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Thursday 24th November 2011.
Entry Method
Web entry:
During the Competition Period:
(a) listeners will be invited via Station on-air commercials to visit the Promotion website
www.feelingit.com.au during the Registration Period and complete the online entry form including by providing their contact details, the contact details of their Nominated Person (where the Nominated Person can be reached weekdays between 9am and 5pm (local time))
and by stating in 25 words or less how your Nominated Person boosts your confidence and helps you „feel it‟. (Your Nominated Person could be a friend, partner, family member or even the barista who makes your coffee in the morning!)
(b) each valid entry received during the relevant Competition Periods for Phase 1 and Phase 2 will be individually reviewed by representatives of the Promoter. T
he Promoter will select up to 33 entries in each Relevant State that it deems to be the “best” (as determined by the Promoter in its sole and absolute discretion and based on the Judging Criteria) and the selected entrants will be deemed the finalists (“Finalists”) and receive the chance to win a Major Prize or a Minor Prize.
(c) the Finalists entries will be reviewed by representatives of the Promoter and the Promoter will select the “best” Finalist entry in each Relevant State (as determined by the Promoter in its sole and absolute discretion and based on the Judging Criteria) will be deemed a Major Prize winner and each Major Prize winner‟s Nominated Person will be awarded a Major Prize.
(d) the remaining Finalists in each Relevant State will each be deemed Minor Prize winners and each Minor Prize winner‟s Nominated Person will be awarded a Minor Prize in accordance with the Prize Details and as determined by the Promoter in its sole and absolute discretion.
Maximum Number of Entries
One entry per person, per day during the Competition Period.
Challenge Details
N/A
Challenge Date and Challenge Location
N/A
Judging Criteria
Each valid entry will be individually judged (by representatives of the Promoter) based on, among other things, the best most creative response to the entry question.
Prize Details
Entry Phase 1:
The Prizes for Phase 1 are as follows:
Major prize:
There are up to three (3) Major Prizes to be won (with one (1) Major Prize to be awarded in each Relevant State (QLD, NSW, VIC))* as follows:
Major prize: Girls day out Endota spa package for 2 in the winner‟s Relevant State, valued at up to $460 (inc GST)*There are up to 3 Major Prize/s available to be won in each Relevant State (QLD, NSW, VIC) for Phase 1. Once the Major Prize allocation is awarded in a Relevant State for Phase 1 no further Major Prizes will be
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awarded in that Relevant State.
Minor prize/s:
There are up to 48 minor prizes to be won (with up to 16 Minor Prizes to be awarded in each Relevant State (QLD, NSW, VIC)*) as follows:
Minor prize: will consist of one (1) of the following Minor Prizes** listed below (as determined by the Promoter in its sole and absolute discretion) as follows: $250 Peep Toe Shoes Voucher valued at $250 (inc GST) Professional Make up session for 2 and product redemption in the winner‟s Relevant State valued at up to $250 (inc GST)*** Blow waves for 2 people with champagne in the winner‟s Relevant State valued at up to $250 (inc GST)*** Shopping tour for 2 in the winner‟s Relevant State valued at up to $250 (inc GST)*** A lunch in a restaurant in the winner‟s Relevant State valued at up to $100 (inc GST)*** A High Tea for 2 in the winner‟s Relevant State valued at up to $100 (inc GST)*** $60 Gold Class voucher valued at up to $60 (inc GST) Rimmel Lipstick valued at up to $15 (inc GST)*There are up to 16 Minor Prize/s available to be won in each Relevant State (QLD, NSW, VIC) for Phase 1. Once the Minor Prize allocation is awarded in a Relevant State for Phase 1 no further Minor Prizes will be awarded in that Relevant State.
**The Minor Prizes awarded to each Minor Prize winner‟s Nominated Person will be determined by the Promoter (in the Promoter‟s sole and absolute discretion) and no correspondence will be entered into.
***The venue for the Minor Prizes will be determined by the Promoter in its sole and absolute discretion but will in any event be at a venue in the winner‟s Relevant State.
Entry Phase 2:
The Prizes for Phase 2 are as follows:
Major prize:
There are up to three (3) Major Prizes to be won (with one (1) Major Prize to be awarded in each Relevant State (QLD, NSW, VIC))* as follows:
Major prize: Girls day out Endota spa package for 2 in the winner‟s Relevant State, valued at up to $460 (inc GST)
*There are up to 3 Major Prize/s available to be won in each Relevant State (QLD, NSW, VIC) for Phase 2. Once the Major Prize allocation is awarded in a Relevant State for Phase 2 no further Major Prizes will be awarded in that Relevant State.
Minor prize/s:
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There are up to 48 minor prizes to be won (with up to 16 Minor Prizes to be awarded in each Relevant State (QLD, NSW, VIC)*) as follows:
Minor prize: will consist of one (1) of the following Minor Prizes** listed below (as determined by the Promoter in its sole and absolute discretion) as follows: $250 Peep Toe Shoes Voucher valued at $250 (inc GST) Professional Make up session for 2 and product redemption in the winner‟s Relevant State valued at up to $250 (inc GST)*** Blow waves for 2 people with champagne in the winner‟s Relevant State valued at up to $250 (inc GST)*** Shopping tour for 2 in the winner‟s Relevant State valued at up to $250 (inc GST)*** A lunch in a restaurant in the winner‟s Relevant State valued at up to $100 (inc GST)*** A High Tea for 2 in the winner‟s Relevant State valued at up to $100 (inc GST)*** $60 Gold Class voucher valued at up to $60 (inc GST) Rimmel Lipstick valued at up to $15 (inc GST)
*There are up to 16 Minor Prize/s available to be won in each Relevant State (QLD, NSW, VIC) in Phase 2. Once the Minor Prize allocation is awarded in a Relevant State for Phase 2 no further Minor Prizes will be awarded in that Relevant State.
**The Minor Prizes awarded to each Minor Prize winner‟s Nominated Person will be determined by the Promoter (in the Promoter‟s sole and absolute discretion) and no correspondence will be entered into.
***The venue for the Minor Prizes will be determined by the Promoter in its sole and absolute discretion but will in any event be at a venue in the winner‟s Relevant State.
Total Prize Pool
Up to $18,000 (inc GST)
Notification of Winners
Winners will be notified:
- via email
- via telephone
- in person
Prize Claim Date and Time
Prize/s must be claimed by 4pm AEDST Friday 24th February 2012
Prize Delivery
The Major and/or Minor Prize/s will be delivered to the winner‟s Nominated Person at the address for the Nominated Person as submitted by the winner as part of their entry via Casanova delivery
OR If the Nominated Person is not available the Major and/or Minor Prize/s will be available for collection by the winner from the Station for the winner to deliver to their Nominated Person. The Station will contact the winner when the Prize is ready for collection.
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Trade Promotion: Game of Skill
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 This is a game of skill; chance plays no part in determining the winner/s. Each valid entry will be individually judged (by representatives of the Promoter) based on the Judging Criteria.
10 The judges' decisions are final and no correspondence will be entered into.
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11 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. Each entry must be the entrant‟s original work. By entering this competition entrants:
(a) consent to the Promoter making copies of or publishing the whole or any part of their entry and otherwise exploiting the entry and any rights in relation to the entry, to publicise this competition or for any other purposes; and
(b) undertake to the Promoter that their entry is not, and its use by the Promoter will not be, in breach of any third party intellectual property rights.
12 The prize/s will be awarded to the valid entrant or entrants (as applicable) which best meet the Judging Criteria, as determined by the judges, in accordance with the Prize Details. Entries that, in the Promoter‟s judgment, contain offensive, defamatory or otherwise objectionable or inappropriate material or that infringe any third party rights will be invalid.
13 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 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.
14 The prize/s are specified in the Prize Details. The total prize pool is specified in the Total Prize Pool section of the Schedule.
15 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
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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.
16 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. 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.
17 Where a prize involves the winner:
(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.
18 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.
19 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.
20 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.
21 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.
22 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
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the Promoter or any of its related bodies corporate), is contrary to law or is otherwise inappropriate.
23 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/.
24 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 taking or using any prize, and they consent to the Promoter repeating any such broadcast, film or other recording at any time.
25 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.
26 The winner/s will be notified as stated in the Notification of Winners section of the Schedule.
27 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 award the relevant prize/s to the next best valid entry or entries (as applicable) which meet the Judging Criteria, as determined by the judges, that has not already received a prize. 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).
28 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.
29 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.
30 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
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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 12 or 13 (as applicable).
31 Prizes and participation in this competition are subject to any conditions imposed by the supplier or organiser of the prize, as applicable.
32 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).
33 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.
34 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.
35 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.
36 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.
37 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 for 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. Without limiting the foregoing, the Promoter may, in its absolute discretion, substitute cash for any prize (the amount of cash being equal to the prize value specified in the Prize Details).
38 Without limiting paragraph 32, 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.
39 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,
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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.
40 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 in each Relevant State.
41 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.
42 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.
43 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.
44 Unless the contrary intention appears, a reference in these terms or 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.
45 Where the competition is communicated 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. Entrants provide their information to the Promoter and not to Facebook.
Australian Competitions Club
