Australian Radio Network | 97.3FM

Contents:

Terms of use
Restrictions on use, Trademarks and Copyrights
Linked sites
Advertisers and Online Shopping
Disclaimer
Limitation of liability
Submissions
ARN Creative Terms and Conditions

General Terms and Conditions for Promotions

Conditions of entry
Who may enter promotions
Entry requirements
Prizes
Participation in activities and indemnity
Prize collection
Exclusion of liability
Ownership of entries
Disqualification
Termination
Participation
Privacy

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TERMS OF USE

This site is controlled and operated by a radio station which is owned by Australian Radio Network Pty Limited [ACN 065 986 987] ("station").

Please read these Terms of Use and Privacy Statement carefully before using this website ("site").  By using the site you signify your agreement with these Terms of Use. If you do not agree with any of the below Terms of Use, do not use this site. The station and its affiliated and related entities reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time and you agree to be bound by such modifications, alterations or updates. You should read the full text of these Terms of Use and visit this page periodically to review the Terms of Use, because they are binding on you.

RESTRICTIONS ON USE, TRADEMARKS AND COPYRIGHTS

Material on this site, including, but not limited to images, illustrations, audio clips and video clips, may be protected by copyright which is owned and controlled by station or by other parties that have licensed their material to the station.  Unless granted permission by the station, material from the site or any website owned, operated, licensed or controlled by the station may not be used for non-personal or commercial purposes and may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way.  Modification of the materials including, but not limited to, removal of copyright, trademark or other notice of proprietary rights, or use of the materials for any other purpose is a violation of this Terms of Use Agreement, as well as laws protecting copyrights and other proprietary rights.  For purposes of this Terms of Use agreement, unless granted permission by the station, the use of any such material on any other computer-related environment is prohibited.

The ARN logo and other product and service names of the station are registered trademarks of the station or may be marks in which the station has a protectable reputation under common law. You must not display or use the marks in any manner without the prior written consent of the station.  Some of these trademarks may be available to you to place on your own website as a hyperlink to the station's homepage or ancillary pages but such use requires the express written authorisation of the station.

LINKED SITES

This site may contain links to websites operated by third parties ("Linked sites"). The Linked sites are provided for your convenience or on a paid advertising basis only and are not an endorsement by the station of the content of such Linked sites.  The station makes no representation regarding, and is not responsible for, the content or accuracy of the materials on such Linked sites.  If you decide to access any Linked sites, you do so at your own risk.  You further acknowledge and agree that the station shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any Linked sites.

ADVERTISERS AND ON-LINE SHOPPING

Your relations and dealings with, or participation in promotions of, advertisers and vendors located on or contacted through the site, including the payment for and delivery of goods and services and any other terms, conditions, warranties or representations associated with such dealings are solely between you and the relevant vendor or advertiser.  You agree that the station shall not be responsible or liable, either directly or indirectly, for any loss or damage caused or alleged to be caused by or in relation to any such dealings or as the result of the presence of such advertisers on the site.

DISCLAIMER

This site and the materials associated with the site are provided on an "as is" basis without warranties of any kind either express or implied.  To the fullest extent permissible pursuant to applicable law, the station disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement of third parties' rights.  The station does not warrant that the site will operate error-free or uninterrupted, that defects will be corrected, or that this site and/or its server will be free of viruses and/or other harmful components.  The station does not warrant or make any representations regarding availability, accuracy, reliability, completeness, or timeliness of the materials, services, text, graphics, and or links associated with this site.  If your use of this site or the materials services, text, graphics, and or links associated with these site results in the need for servicing or replacing equipment or data.  The station is not responsible for those costs.  The material associated with this site is provided solely for entertainment and promotional purposes. The information and opinions expressed in Bulletin Boards, Chat Rooms, or other forums conducted on this site ("Forums") are not necessarily those of the station or its content providers, advertisers or sponsors and the station makes no representations or warranties regarding that information or those opinions.

LIMITATION OF LIABILITY

In no event shall the station or its content providers be responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage, injury, claim, liability or other cause whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting, directly or indirectly, from lost data or business interruption) resulting from the use or inability to use this site and/or the material associated with the site, or resulting from any information or opinions provided on this site and/or the material associated with the site, whether based on warranty, contract, tort or any other legal theory, and whether or not the station is advised of the possibility of such damages.

SUBMISSIONS

Any communication or other material submitted or posted to the site will be considered non-confidential and by posting or otherwise submitting any communication or other material, you automatically grant the station a royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication or material alone or as a part of other works in any form, media, or technology whether now known or hereafter developed, and to sub-license such rights through multiple tiers of sub-licences.

The station is not responsible for any material posted on our Forums. You shall not:
 

• Post any sexually explicit image;
• Impersonate another person or entity;
• Post any content which defames, invades privacy, or is obscene, pornographic,  abusive, harassing, hateful, or threatening

ARN CREATIVE TERMS AND CONDITIONS

The following terms apply (in addition to ARN’s terms and conditions) to any advertiser who requests that the Australian Radio Network Pty Limited ACN 065 986 987 or its subsidiaries (ARN) provide advertising, creative or production services (Advertiser).

1.     Ownership

(a)                 All intellectual property rights (including but not limited to copyright) in any advertisements, advertising copy, advertising script, advertising, creative proposals, sound broadcast, recording or any other document, work or material (Material) produced or written for the Advertiser by ARN or its employees or agents vests entirely in ARN.

(b)                 Prior written clearance of the ARN creative director  will be required for any use of any Material otherwise than on ARN radio stations.  Permission may be withheld.  

(c)                 Advertiser will keep confidential any Material (directly or indirectly) supplied to Advertiser and will not, without written clearance from the ARN creative director, use or exploit such Material except for the advertising and promotional campaign placed with ARN.

2.     Advertising material

Advertiser will ensure that all advertising material submitted to ARN by or on behalf of Advertiser, or Material expressly or impliedly approved by Advertiser, shall comply with any particular laws, regulations and advertising and broadcasting codes or standards as are in place from time to time and without limiting the generality of this clause will not contain any defamatory material or material in breach of the Trade Practices Act 1974 (Cth).

3.     Indemnity

Advertiser will indemnify and keep indemnified ARN, its related bodies corporate and each of their respective officers, employees and agents against all claims, demands, proceedings, damages, costs, expenses, losses or any other liability whatsoever arising wholly or partly, directly or indirectly in connection with the broadcast of any advertising material submitted by or on behalf of Advertiser, or Material expressly or impliedly approved by the Advertiser, including but not limited to any breach of any law or regulation or for any breach of any legal, equitable or other rights of any person, firm, corporation or entity.

AUSTRALIAN RADIO NETWORK (ARN) - GENERAL TERMS AND CONDITIONS FOR PROMOTIONS

WSFM101.7, GOLD104.3, 4KQ, Mix106.5, Mix101.1, Mix102.3, 97.3FM, The Edge 96.ONE & Cruise1323

1.               This Document:

1.1             The following General Terms & Conditions apply to all competitions, giveaways and promotions (“Promotion/s”) run on the following radio stations within the ARN network; including WSFM101.7, GOLD104.3, 4KQ, Mix106.5, Mix101.1, Mix102.3, 97.3FM, The Edge 96.ONE & Cruise1323 (“Radio Station”).

1.2             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.

1.3             The “Promoter” is the operating entity of the ARN (ACN 065 986 987) Radio Station unless otherwise specified in a Schedule for the Promotion.

1.4             These General Terms and Conditions and the terms and conditions of any applicable Schedule are collectively referred to as the “Terms and Conditions”.

2.               CONDITIONS OF ENTRY:

2.1             By submitting an entry to a Promotion, the entrant acknowledges and agrees to be bound by the Terms and Conditions.

3.               WHO MAY ENTER PROMOTIONS:

3.1             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.

3.2             Some Promotions will only be open to persons who are 18 years of age or older at the time of lodging their entry.

3.3             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.

3.4             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.

3.5             Unless otherwise stated in a Schedule for a Promotion, each entrant may only enter a Promotion once.

3.6             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.

3.7             Promotions are not open to:
(a) employees of, or contractors to, the Promoter or any of its agencies involved with the Promotion;
(b) 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);
(c) 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;
(d) any person where that person or anyone from the same family or household has won a prize or prizes from the Promoter or any radio station that is a member of the Australian Radio Network, valued either individually or collectively at more than $50 in the 30 days prior to the commencement of the Promotion.

3.8             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.

4.               ENTRY REQUIREMENTS:

4.1             All entries must be lodged in accordance with the requirements of the Terms and Conditions for the specific Promotion.

4.2             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.

4.3             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.

4.4             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.

5.               PRIZES:

5.1             All prizes will be awarded either:
(a) where a Schedule applies in respect of the Promotion, as provided for in that Schedule; or
(b) in other cases as is published by the Promoter in respect of the Promotion.

5.2             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.

5.3             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.

5.4             Any taxes which may be payable as a consequence of a winner receiving the prize are the sole responsibility of that winner.

5.5             Prizes are non-transferable and may not be redeemed for cash.

5.6             All “cash” prizes will be paid by cheque drawn payable to the winner only.

5.7             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.

5.8             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.

5.9             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.

5.10             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.

5.11             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.

5.12             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.

5.13              Unless otherwise specified, the class of travel for a travel prize incorporating an airfare is economy class.

5.14             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.

5.15             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.

5.16             Where a prizes includes travel, it is the responsibility of the winner to take out appropriate travel and related insurance at their own cost.

5.17             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.

5.18             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.

5.19             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.

5.20             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.

6.               PARTICIPATION IN ACTIVITIES AND INDEMNITY:

6.1             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.

6.2             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.

6.3             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.

6.4             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.

6.5             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.

6.6             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.

7.               PRIZE COLLECTION:

7.1             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.

7.2             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.

7.3             Lost cheques will only be reissued within 6 months of their original issue date and only once.

7.4             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.

7.5             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.

7.6             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.

8.               PUBLICITY

8.1             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.

8.2             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.

8.3             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.

9.               EXCLUSION OF LIABILITY:

9.1          The Promoter takes no responsibility for the loss of prizes due to incorrect or imprecise delivery details provided by an entrant.

9.2          The Promoter makes no representations or warranties as to the quality, suitability or merchantability of any goods or services offered as prizes.

9.3          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.

9.4          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.

10.             OWNERSHIP OF ENTRIES:

10.1          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).

11.             DISQUALIFICATION:

11.1          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.

11.2          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.

11.3          The Promoter reserves the right, in its sole discretion, to disqualify any individual for:
(a) 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;
(b) tampering with the operation of the Promotion or any web site of the Promoter or associated with the Promotions;
(c) acting in violation of these Terms and Conditions; or
(d) acting in an unsportsmanlike or disruptive manner.

11.4          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.

12.             TERMINATION:

12.1          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.

13.             PARTICIPATION:

13.1          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.

14.             PRIVACY:

14.1          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.