Current as at: 30 May 2013 Latest Revision Date: 30 May 2013
Trade Promotions: General Terms of Entry
1 These Terms of Entry apply to all competitions conducted by dmg Radio (Australia) group stations referred to in paragraph 6 below, which are not covered by Terms of Entry specific to that competition. By entering, entrants accept these terms. These terms may be amended or replaced from time to time; entrants should check the Promoter’s website (as specified in paragraph 46) for the current version.
2 Entry is open only to residents of the Australian state(s) where the competition is being conducted who comply with any entry restrictions as specified by the Promoter. 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 specified by the Promoter (Competition Period).
4 To enter the competition, entrants must, during the Competition Period, follow the entry method specified by the Promoter.
5 Entries must be received by the Promoter during the Competition Period. Entrants may submit up to the maximum number of entries specified by the Promoter. 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 competition will be drawn and/or decided at the time, on the date/s and at the location/s as specified by the Promoter. The prize/s will be awarded to a valid entrant or entrants (as applicable) who are randomly drawn or are deemed to have submitted the “best” entry, as determined by the judges, in accordance with the details specified by the Promoter regarding how the prize/s will be awarded.
10 The prize/s are as specified by the Promoter and their value will not exceed $1,000 (inc GST) each.
11 If this competition is a game of skill, chance plays no part in determining the winner/s and each valid entry will be individually judged (by representatives of the Promoter) based on the judging criteria specified by the Promoter.
12 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.
13 If this competition is a game of skill, 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.
14 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.
15 The judges' decisions are final and no correspondence will be entered into.
16 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.
17 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.
18 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.
19 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.
20 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.
21 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 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.
22 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/.
23 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 in taking or using any prize, and they consent to the Promoter repeating any such broadcast, film or other recording at any time.
24 If an entrant is unable to or refuses or fails to take part in any element 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.
25 The winner/s will be notified as follows:
in NSW: on air and/or in writing and for games of chance where prizes are valued over $500 (inc GST), winners will have their name published on the relevant Promoter’s website as specified in paragraph 46;
in Vic: on air and in writing and for games of chance where prizes are valued over $1,000, winners will have their name published on the relevant Promoter’s website as specified in paragraph 46, for a period of no less than 28 days;
in SA: on air and/or in writing and for games of chance where prizes are valued over $250 winners will have their name published in The Advertiser newspaper one week after the final draw/decision date; and
in all other states: on air and/or in writing.
By entering this competition, each entrant requests that his or her full address not be published.
26 Prizes must be claimed by the following date/time (the Prize Claim Date and Time):
for games of skill: by the date and time as specified by the Promoter. If a date/time is not specified, prizes must be claimed within 3 months of the final decision date;
for games of chance with event-based or perishable prizes: by the date and time as specified by the Promoter. If a date/time is not specified, prizes must be claimed by the date of the relevant event (if applicable) or within 21 days of the final draw/decision date, whichever occurs sooner; and
for games of chance with non event-based or non perishable prizes:
in SA and NSW: within 3months of the final draw/decision date;
in VIC: within 28 days of the final draw/decision date; and
in all other states: by the date and time as specified by the Promoter. If a date/time is not specified, prizes must be claimed within 3 months of the final draw/decision date.
Unless otherwise specified, winner/s must collect their prize/s from the Promoter’s station address (as specified in paragraph 46).
27 If any prize is not claimed by the Prize Claim Date and Time in NSW, SA or QLD, the relevant winner’s entry will be deemed invalid and the Promoter reserves the right to distribute the relevant prize/s by, for games of skill, awarding the relevant prize/s to the next best valid entry or entries (as applicable) or, for games of chance, by conducting such further draws at the location/s and on the date/s specified by the Promoter as are necessary to distribute the prize/s, subject to any directions given by any relevant authority. If any prize is not claimed by the Prize Claim Date and Time in VIC or WA, the relevant winner’s entry will be deemed invalid and the unclaimed prize/s will be distributed at the Promoter’s discretion. If required by law or any relevant authority, the winner/s will have their name and state of residence published in accordance with paragraph 25 above. 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, if required.
28 Entrants acknowledge that there may be inherent risks in some aspects of the 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 any entrant, winner, nominated companion/s or parent/guardian (if applicable) do not sign the indemnity form provided by the Promoter within the time requested by the Promoter, the 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.
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 in the manner notified by the Promoter.
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 and may include suitable photo identification (such as drivers licence or passport).
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 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, 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).
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, 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 the relevant state, if required.
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 and subject to the approval of the relevant authorities in the relevant state, if required.
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.
44 Unless the contrary intention appears, a reference in these terms or in any advertisement relating to this competition, to Australian dollars, dollars, AUD$ or $ is a reference to the lawful currency ofAustralia.
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.
46 The Promoter is the dmg Radio (Australia) group station which is conducting this competition. The contact details and websites of the dmg Radio (Australia) group’s stations are as follows: