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Competition Terms & Conditions

The  following document covers all promotions and competitions run by this radio  station both On-Air & Online. There are sometimes additional Terms and  Conditions applicable to certain competitions, these competition specific Terms  can be found in the link under the relevant competition section contained on  this site.

     
  1. THIS DOCUMENT:
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    1. The  following General Terms & Conditions apply to all competitions,  giveaways and promotions (“Promotion/s”)  run by this (“Radio Station”).
    2.    
    3. In  the event that a Competition Terms and Condition Schedule (“Schedule”) has been published in  respect of a Promotion then these General Terms and Conditions are subject to all  terms and variations as are specified in the Schedule for the purposes of that  Promotion.
    4.    
    5. The  “Promoter” is the operating entity of  the Radio Station unless otherwise specified in a Schedule for the Promotion.
    6.    
    7. These  General Terms and Conditions and the terms and conditions of any applicable  Schedule are collectively referred to as the “Terms and Conditions”.
    8.  
     
  3. CONDITIONS OF ENTRY:
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    1. By  submitting an entry to a Promotion, the entrant acknowledges and agrees to be  bound by the Terms and Conditions.
    2.  
     
  5. WHO MAY ENTER  PROMOTIONS:
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    1. Promotions  are open to permanent residents in the State or Territory in which details of  the Promotion are broadcast by the Radio Station unless otherwise specified in  the Terms and Conditions.
    2.    
    3. Some  Promotions will only be open to persons who are 18 years of age or older at the  time of lodging their entry.
    4.    
    5. The  Promoter may specify health, fitness or other requirements for entry if a Promotion  requires any form of participation on the part of the entrant or other persons.   Such requirements will be determined by the  Promoter at its discretion with regard to the health and safety of all participants.
    6.    
    7. The  Promoter may at its discretion withdraw or exclude any person from the  Promotion or participation in any prize based on that person’s health or  medical history.
    8.    
    9. Unless  otherwise stated in a Schedule for a Promotion, each entrant may only enter a Promotion  once.
    10.    
    11. Entries  can only be made in an individual’s own name and in their own capacity and no  entry can be made for or on behalf of any other person, venture or organisation.
    12.    
    13. Promotions  are not open to:
    14.    
            
      1. employees  of, or contractors to, the Promoter or any of its agencies involved with the Promotion;
      2.      
      3. the  spouse, de facto spouse, parent, natural or adopted child, or sibling (whether  natural or adopted by a parent) of such employees and contractors (whether or  not they live in the same household);
      4.      
      5. any  person who is discovered to have used or attempted to use any more than one  name in order to qualify to win any Promotion run by the Promoter except in the  case of a legal change of name;
      6.      
      7. any  person where that person or anyone from the same family or household has won a  prize or prizes from the Promoter on the radio station valued either  individually or collectively at more than $50  in the 30 days prior to the commencement of the Promotion.
      8.    
        
    15. All  contestants acknowledge and agree that the Promoter can rely on the Terms and  Conditions and in particular, this Clause 3 even if the Promoter only learns of  a person’s ineligibility after the Promoter has or appears to have awarded the  prize to the ineligible person.  In those  circumstances, the Promoter can require return of the prize or payment of its  value to the Promoter.
    16.  
     
  7. ENTRY REQUIREMENTS:
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    1. All  entries must be lodged in accordance with the requirements of the Terms and Conditions  for the specific Promotion.
    2.    
    3. The  Promoter is entitled at its sole discretion to reject or disqualify any entry  which it determines to be incomplete or ineligible or which in the sole opinion  of the Promoter contains unlawful, defamatory, offensive or other material  which if published or broadcast would place the business interests of the  Promoter at risk or adversely effect the goodwill, name or reputation of the  Promoter.
    4.    
    5. All  entries in any form, whether written or delivered by email, telephone, SMS or  otherwise are deemed received only upon actual receipt of a complete and  eligible entry by the Promoter. In the case of online entries by way of website  or other communication application, an entry will not be deemed received unless  and until a complete and legible entry is received onto the Promoter database. The  Promoter shall have no responsibility for the failure of any means of  communication whether within the Promoter’s control or otherwise.
    6.    
    7. Where  entries are made by SMS, the maximum cost of each SMS is 55 cents (including  GST).  Participation will only be open to  entries submitted from the Participant’s own telephone and where such telephone  allows caller ID, is SMS compatible and is connected via a service provider  which allows the receipt of text and premier messaging.
    8.  
     
  9. PRIZES:
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    1. All  prizes will be awarded either:
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      1. where  a Schedule applies in respect of the Promotion, as provided for in that  Schedule; or
      2.      
      3. in  other cases as is published by the Promoter in respect of the Promotion.
      4.    
        
    3. All  prizes must be collected within 3 months of the date of notification of winners  as provided for below.  Subject to the  regulatory requirements of the individual States or Territories, prizes not  collected within 3 months will be forfeited and will be redistributed into the  prize pool of the associated station and used for alternative contest  giveaways.  See clause 7 regarding Prize  Collection  
    4.    
    5. All  prize items are valued based on recommended retail pricing inclusive of GST and  the Promoter takes no responsibility for any variation in item values.  
    6.    
    7. Any  taxes which may be payable as a consequence of a winner receiving the prize are  the sole responsibility of that winner.
    8.    
    9. Prizes  are non-transferable and may not be redeemed for cash.  
    10.    
    11. All  “cash” prizes will be paid by cheque drawn payable to the winner only.
    12.    
    13. If  the specified prize becomes unavailable due to general unforeseen  circumstances, the Promoter may substitute a prize of like or equal value,  subject to state regulations.
    14.    
    15. If  the specified prize becomes unavailable due to acts of terrorism or acts of god  (IE earthquake – or other natural disaster).  The Promoter and its associated promotional  partners will not be liable for replacement of any prize.
    16.    
    17. If  a prize comprises tickets or attendance at any function or event, the Promoter  accepts no responsibility or liability in respect of the function or event.  Should the function or event be cancelled,  postponed or otherwise varied, including but not limited to by the substitution  of the promoted performers, then the Promoter has no responsibility to provide  alternate or substitute tickets or to provide any cash equivalent in substitute  for the tickets.  The winner will in all  respects be bound by and comply with the terms and conditions applicable to  such event or performance including but not limited to the requirements for  responsible service of alcohol and the right of the Promoter, the organiser of  such a function or event or their respective contractors or representatives the  right to refuse the winner and/or any guests of the winner entry or service.
    18.    
    19. Where  a prize includes backstage or other opportunities to meet performers or  celebrities, all such opportunities are at the discretion of the relevant  artist or celebrity and their management and the Promoter will not be  responsible or liable in the event that such meet and greet opportunities do  not take place and no replacement tickets, cash substitute or other  compensation will be payable in any form by the Promoter in these  circumstances.
    20.    
    21. If  a prize includes attending an event where alcohol is served, then a winner and  any accompanying guests must be 18 years of age or over and must carry with  them at all times during such event valid photographic identification and must  provide such proof of age for inspection on request.
    22.    
    23. If  a prize comprises vouchers, then all vouchers will be subject to the terms and conditions  of the provider of the vouchers and the expiry date specified by the provider  of the voucher.
    24.    
    25. Unless  otherwise specified, the class of travel for a travel prize incorporating an airfare  is economy class.
    26.    
    27. Any  prize comprising accommodation will be for accommodation costs only and does  not include additional charges (such as mini bar, in-room entertainment, dry  cleaning, room service or other additional charges) unless additional room  service or other related charges are expressly stated to be included in the Schedule  for the Promotion.
    28.    
    29. All  prizes awarded are for the benefit of the entrant only unless otherwise  specified in a Schedule for the Promotion and are non-transferable.  Prizes must be used within the applicable  time frames and dates specified for the purposes of the Promotion and may be  subject to availability and school holiday or peak season exclusions.
    30.    
    31. Where  a prizes includes travel, it is the responsibility of the winner to take out  appropriate travel and related insurance at their own cost.
    32.    
    33. If  a prize includes overseas travel then unless otherwise specified in a Schedule  for the Promotion, the prize will exclude applicable Government taxes and  charges.  It is the responsibility of the  entrant to ensure they and any accompanying persons hold valid passports and  comply with all legal and regulatory requirements for the travel component of  any prize.  All travel is at the entrant’s  own risk and the Promoter accepts no liability or responsibility whatsoever in  respect of loss or injury caused during such travel.  Failure for any reason to utilise a prize  comprising travel within the specified dates will result in the forfeiture of  the prize.
    34.    
    35. The  Promoter may at its absolute discretion withdraw or exclude any person from the  Promotion or participation in any prize if that person at any time behaves in a  manner which in the opinion of the Promoter or the staff contractors or  representatives of the operator of any event comprising a prize in a Promotion  is inappropriate or offensive or is or could be considered antisocial,  dangerous or threatening or which may cause injury to themselves or any other  person.
    36.    
    37. The  decision of the Promoter will be final in determining the winner of each Promotion.  This will include but not be limited to adjudicating on whether answers to  quizzes are correct or otherwise and in the event of a tie or draw in a  Promotion determining at its discretion which entrant shall be declared the  winner.
    38.    
    39. If  the Promoter becomes aware at any time, including after a winner has been  announced, that an entrant has not complied with these Terms and Conditions or  other terms and conditions of the Promotion, the entrant will have no  entitlement to any prize and, as required by the Promoter, must return or repay  the full value of any prize received.
    40.  
     
  11. PARTICIPATION IN  ACTIVITIES AND PRIZES AND INDEMNITY:
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    1. Any  entrant or winner participating in any activity for the purposes of the  Promotion or in respect of any prize agrees to fully release and indemnify to  the maximum extent permissible by law, the Promoter and Australian Radio  Network and their respective contractors, employees, directors and officers in  respect of any claim for accident, injury, property damage, financial lossor loss  of life in connection with the entrant or winner’s participation in the Promotion  or prize.
    2.    
    3. The  indemnity granted by each entrant and winner to the Promoter and Australian  Radio Network and their respective contractors, employees, directors and  officers pursuant to Clause 6.1 includes in respect of any cost, loss, expense,  damage or liability whether direct or indirect or consequential, (present or  future), and any fine or penalty incurred by the entrant or winner.
    4.    
    5. In  respect of any prize comprising travel or any other activity, the winner  expressly acknowledges that undertaking such travel or activity is at the  winners own risk and sole discretion and that the winner will make their own  assessment of the risks and of their own suitability to participate in or to  undertake such activity or travel.
    6.    
    7. Each  entrant and winner may at the discretion of the Promoter be required to execute  a Deed of Indemnity & Release prior to their participation in a Promotion  or prize in a form determined by the Promoter.   The Promoter may deem an entrant ineligible to participate in a  Promotion or ineligible to win a prize if they fail to provide such release or  indemnity on request.
    8.    
    9. Winner  may substitute a proxy to take part on their behalf – full details of proxy  will need to be provided to the promoter prior to activity commencement.  Such proxy to provide a release and indemnity  in accordance with clause 6.1 and otherwise to be  bound by the Terms and Conditions of the Promotion.
    10.    
    11. Where  an entrant or winner is under the age of 18, their parent or guardian will be  required to sign the necessary indemnity and consent forms in order for the  entrant to participate in the Promotion or prize.
    12.  
     
  13. PRIZE COLLECTION:
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    1. Prizes  must be claimed in person unless the winner is advised otherwise by the  Promoter.  The winner will be required to  provide photographic identification for the purposes of collecting the  prize.  The collection of prizes is the  sole responsibility of the winner.    
    2.    
    3. For  cash prizes, photographic identification must be provided in person at least 5  business days in advance of the intended pick up date to enable cheques to be  drawn. Photographic identification will also be required when collecting the  prize.
    4.    
    5. Lost  cheques will only be reissued within 6 months of their original issue date and  only once.
    6.    
    7. A  copy of the Terms and Conditions and/or a signed receipt and acknowledgement  must be signed and endorsed by any winner to indicate his/her understanding and  acceptance of these terms.
    8.    
    9. Prizes  will only be awarded following winner validation and verification.  The determination of the Promoter or such judges  as are nominated by the Promoter are final and no correspondence will be  entered into.
    10.    
    11. If  a prize is mailed to an entrant by the Promoter the Promoter shall not be  responsible for any replacement or compensation if the prize is lost or is  delayed so that for example tickets arrive after their scheduled event. It is  at the sole discretion of the Promoter whether or not to mail any prize.
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  15. PUBLICITY:
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    1. Each  entrant consents to the content of their entry and any telephone entries or  other call with the Promoter being recorded, broadcast and published online by  the Promoter without payment.  
    2.    
    3. If  an entrant submits a photograph as part of a Promotion the entrant consents and  hereby grants to the Promoter all rights necessary for the Promoter to edit and  publish on its website the photograph at the Promoter’s discretion and for  other publicity purposes associated with the promotion of the Radio Station.  The entrant warrants to the Promoter that all  parties shown in the photograph have provided their consent for the purposes of  the Promotion and that the photograph is in fact a photograph of the entrant  where this is a requirement of the Promotion.
    4.    
    5. Acceptance  of a prize constitutes permission for the Promoter to use winner’s name, suburb  of residence, recording of winner’s voice, photos and likeness and filming for  advertising and promotional purposes by the Promoter for broadcast by radio and  for use on line without compensation, unless otherwise prohibited by law. The  winners name will NOT be used or listed in any other form of media without the  explicit and written permission of the winner.
    6.  
     
  17. EXCLUSION OF  LIABILITY:
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    1. The  Promoter takes no responsibility for the loss of prizes due to incorrect or  imprecise delivery details provided by an entrant.  
    2.    
    3. The  Promoter makes no representations or warranties as to the quality, suitability  or merchantability of any goods or services offered as prizes.  
    4.    
    5. To  the extent permitted by law, the Promoter is not liable for any loss suffered  or sustained to personal property and including, but not limited to  consequential (including economic) loss by reason of any act or omission,  deliberate or negligent, by the Promoter, or its servants or agents, in  connection with the arrangement for supply, or the supply, of any goods or  services by any person to the prize winner(s) and, where applicable, to any  persons accompanying the winners.
    6.    
    7. A  winner (or his or her guests, parent or guardian as appropriate) may be  required to sign and return any liability release provided by the Promoter  and/or its contractors as a condition of the prize being awarded.  Failure to return the signed releases and  indemnities will result in the entitlement to the prize being forfeited and the  selection of another winner.
    8.  
     
  19. OWNERSHIP OF  ENTRIES:
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    1. All  entries (whether in written, audio or visual form, or a combination of those)  become and remain the property of the Promoter (subject to the limits contained  in the Privacy Statement).
    2.  
     
  21. DISQUALIFICATION:
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    1. The  Promoter is not responsible for lost, interrupted communications or unavailable  network server or other connections, failed telephone, mid-delivery or computer  transmissions or other errors of any kind, whether human, mechanical or  electronic.
    2.    
    3. The  Promoter assumes no responsibility for any error, defect, delay, theft or  unauthorised access to or alternation of entries.  Subject to any written directions given under  the applicable law, if for any reason, the Promotion is not capable of  operating as planned, including infection by computer viruses, tampering,  unauthorised intervention, fraud or any other causes beyond the control of the  Promoter which corrupts or affects the administration, security, fairness, or  proper conduct of the Promotion, then the Promoter reserves the right, at its  sole discretion, to cancel, terminate, modify or suspend the Promotion.  
    4.    
    5. The  Promoter reserves the right, in its sole discretion, to disqualify any  individual for:
    6.    
            
      1. tampering  with the entry process, including exceeding any limitation on the numbers of  entries, or any other process as determined by the Promoter that in any way  affects the fairness of the promotion;
      2.      
      3. tampering  with the operation of the Promotion or any web site of the Promoter or  associated with the Promotions;
      4.      
      5. acting  in violation of these Terms and Conditions; or
      6.      
      7. acting  in an unsportsmanlike or disruptive manner.
      8.    
        
    7. If  an entrant selected as winner is found to be in breach of these Terms and Conditions  a new winner may be selected and, in the event that the entrant in breach has  been awarded a prize, the entrant may be required to return the prize or  reimburse the value of the prize to the Promoter.
    8.  
     
  23. TERMINATION:
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    1. Subject  to the regulatory requirements in each State or Territory, the Promoter may at  its discretion vary the Terms and Conditions or terminate, vary the Terms of  Conditions for Promotion or terminate entirely a promotion.
    2.  
     
  25. PARTICIPATION:
  26.  
        
    1. Participation  in the Promotion constitutes the entrant’s unconditional agreement to and  acceptance of the Terms and Conditions.   The Terms and Conditions may change from time to time.  The entrant is responsible for ensuring his  or her familiarity with the Terms and Conditions for the Promotions at the time  of participation.  The Promoter’s  decision not to enforce a specific restriction does not constitute a waiver of  that restriction or of the Terms and Conditions Promotion generally.
    2.  
     
  27. PRIVACY:
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    1. All  personal information submitted by any entrant for the purposes of a promotion  will be governed in accordance with the Privacy Statement for the  Promoter.  Please refer to the Privacy  Statement for a full description of our privacy policy.
    2.