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SCA – PROMOTION TERMS AND CONDITIONS
© Southern Cross Austereo Pty Ltd – 2016
SCHEDULE TO CONDITIONS OF ENTRY
Promotion Win On the Web Promotions (Games of Skill)
Promoter Name Southern Cross Austereo Pty Ltd (ABN 78 109 243 110) of 257 Clarendon Street, South Melbourne, VIC 3205, trading as
licenced radio stations under the Triple M network, Hit network and regional networks throughout Australia.
Website(s) The website(s) of the licenced radio station(s) where entry to the Promotion is available.
Promotional Period Opens 15 December 2016
Closes 14 December 2017
The Promoter may amend the Promotional Period in accordance with state legislative rules.
Online Registration
Period
Opens Dates and times as stipulated on air/on the Website.
Closes Dates and times as stipulated on air/on the Website.
Entry Restrictions Entrants must be at least 16 years or older, unless otherwise stipulated on air/on the Website. Entrants under the age of 18
years must have a parent's or guardian's consent to enter the Promotion.
Relevant State(s) Entry is open to residents of the state(s) of the relevant station(s)’s broadcast area.
Maximum Entries Multiple entries are permitted, however an entrant is only eligible to win one (1) prize in each Promotion.
Entry Procedure To enter a Promotion, entrants must during the Online Registration Period visit the Website and register their details, including
by answering any question(s) as required or submitting any photograph(s) or file(s) as stipulated at the point of entry.
The Promoter will judge entries to determine winner(s) in accordance with the Judging Details.
Prize details will be stipulated on the Website or on air.
Judging Details All judging decisions are at the discretion of the Promoter and no correspondence will be entered into in this regard.
Judging criteri All entries will be judged on creativity, literary merit, originality and suitability or as otherwise specified. Where
entrants submit a guess or answer to question(s), the Promoter will judge the accuracy of an answer, and there may be a time
factor applied.
Prize Details Prize Value (incl GST)
Various prize(s) as advertised, such as:
 Cash (up to a max of $5,000); or
 Voucher (for goods or services); or
 Ticket(s) (eg to a movie or concert); or
 CD(s) or DVD(s); or
 Transport (e.g. limo rides, transfers to airport or hotels, etc); or
 Travel elements (e.g. domestic airline tickets or accommodation); or
 Meet & Greets (e.g. with celebrities or artists); or
 Merchandise or products (eg iPad, tshirt etc).
Prize value will be limited to
between $10 (min) and
$5,000 (max) per Promotion
as advertised.
Total Prize Pool per Promotion: Up to $5,000
Prize subject to the terms and conditions imposed by the prize provider. Prize winners’ details may be provided to a prize
provider for the purposes of prize fulfilment.
Prize Restrictions As per Conditions of Entry. Unless the prize is a cash prize, prizes are not redeemable for cash. Prizes are not transferable.
If a Prize includes participation by a winner's companion, the companion must comply with any additional requirements or
conditions specified by the Promoter, e.g. age restrictions, etc.
Notification of
Winners
Winners will be notified by email or by telephone within five (5) working days of being determined.
Prize Claim Details Prizes must be claimed at the time of notification (for phone based notification), or as otherwise specified by the Promoter.
Unclaimed Prize
Arrangements
If a Prize is unclaimed, the Promoter reserves the right to re-award the Prize in accordance with these Conditions of Entry.
SCA – PROMOTION TERMS & CONDITIONS
© Southern Cross Austereo Pty Ltd – 2016 Version: January 2016 All Markets
CONDITIONS OF ENTRY
1. Instructions and information on how to enter form part of these Conditions
of Entry. Participation in this Promotion (including by a companion)
constitutes acceptance of these Conditions of Entry (and Schedule). Any
capitalised terms used in these Conditions of Entry have the meaning
given in the Schedule, unless stated otherwise. The resolution of any
discrepancy between these Conditions of Entry and/or the Schedule
and/or the advertising of the Promotion will be undertaken by the
Promoter in its absolute discretion. All decisions and actions of the
Promoter relating to the Promotion or redemption of the Prize are
exercised at the Promoter's absolute discretion and are final. No
discussions or correspondence with entrants or any other person will be
entered into.
2. The Promoter may (subject to state/territory regulations) vary the terms
of, or terminate, this Promotion at any time at its absolute discretion
without liability to any entrant, contestant or other person. The Promoter
will not award any Prize if the Promotion is terminated for whatever
reason. If the Promotion is not capable of being conducted due to
circumstances beyond the Promoter’s control, including due to any
technical or communications problems, the Promoter reserves the right to
amend, suspend or cancel the Promotion subject to approval from any
relevant authority.
3. Promotional Period: The Promotion will be conducted on/between the
dates specified, during the Promotional Period.
4. Entry Restrictions: Eligibility to enter the Promotion is subject to the
Entry Restrictions.
5. Ineligibility: Should an entrant be deemed by the Promoter to be
ineligible, the entrant may not participate further in the Promotion. All
decisions are at the discretion of the Promoter and no correspondence
will be entered into in this regard. Unless otherwise stipulated in the
Schedule, the following persons are automatically ineligible to enter:
(a) Directors, management, employees, officers and contractors of the
Promoter and those of any agencies or suppliers directly associated
with this Promotion;
(b) The immediate family members of the above persons. “Immediate
family member” means spouse, parent, natural or adopted child and
sibling (whether natural or adopted by a parent), whether or not they
live in the same household as the director, manager, employee,
officer or contractor; and
(c) A person who has won a prize or prizes to the value of $10,000 or
more, in any competition(s) run by the Promoter or any Related
Body Corporate in the six (6) months prior to their entry in this
Promotion.
6. Entry Procedure: To enter the Promotion, entrants must complete the
Entry Procedure and comply with all other applicable requirements during
the Promotional Period. Entries will be deemed to have been received at
the time of receipt by the Promoter. Online, SMS and other electronic
entries are deemed to have been received at the time of receipt into the
Promotion database and not at the time of transmission by the entrant.
Ineligible or late entries will be deemed to be invalid. No responsibility is
accepted by the Promoter for late, lost, misdirected, ineligible or illegible /
inaudible entries (including lost, stolen, forged, defaced or damaged proof
of Entry or verification requirements).
7. Throughout the Promotional Period the Promoter may contact entrants to
discuss their entry or to interact with entrants on air, online, on a social
media platform or elsewhere, in relation to the Promotion. This does not
form part of any judging process nor does it indicate that the entrant is a
contestant, finalist or winner. During a Contesting Period there may be
separate Contesting Days or Segments as stipulated, broadcast, or
published.
8. Maximum Entries: Entrants can enter the Promotion up to the Maximum
Entries. Unless stated otherwise in the Schedule, an entrant can only win
once during the Promotional Period. Entries must be submitted
separately and each Entry must individually meet the entry requirements
and be subject to the Entry Restrictions. Automated and computer
generated entries or entrants with multiple aliases may be disqualified.
9. Cue to Call Entry: When the Promotion involves a “cue to call” the
Promoter will broadcast the Promotion on air for entrants to call the
Promoter’s competition line as instructed by the broadcast. These
Conditions of Entry will apply and will be available to view on the relevant
Website or Social Media Platform (as the case may be), or by request in
writing to the Promoter. The maximum cost of a standard telephone call
to the station competition line is 55 cents (inc GST), whether calls are
made during the Promotional Period or not. Higher rates may apply for
calls made from mobile or public phones.
10. SMS Entry: The maximum cost of each SMS to the station is 55 cents
(inc GST), whether or not sent during the Promotional Period. Entrants
must have a compatible mobile phone with a service provider that permits
text messaging to the Promotion SMS number. Entrants may need to
consult their service provider to enter the Promotion. SMS entries must
be submitted from the entrant’s mobile phone. By entering the promotion
by SMS, entrants consent to receiving SMS messages from the
Promoter.
11. Database Member – Restricted Entry: The Promoter may specify in
the Entry Restrictions that eligibility for the Promotion is limited to persons
registered on a specific membership database managed and owned by
the Promoter or a Related Body Corporate. Registration to any database
listed is free and registration is online at the Promoter’s website. The
entrant must be a registered member of the database at the time of entry
and at the time of any prize redemption. The Promoter or its
representatives may conduct verification checks of that membership
database to ensure eligibility. In the event that the entrant’s details do not
accord with the details of their registration the Promoter may, at its
complete discretion, deem that entrant to be ineligible to enter or to win or
to redeem a prize in the Promotion.
12. Interaction with Entrants: If in the course of a telephone call related to
participation or entry in the Promotion, the telephone line drops out or
breaks up the Promoter may proceed to another caller. In such event,
the Promoter will not be responsible for the awarding of any prize to the
caller whose line dropped out or disconnected for whatever reason.
13. Games of Skill: If the Promotion only involves a game of skill, all valid
entries will be judged by the judge(s) based upon the Judging Details as
specified. Chance plays no part in determining the outcome.
14. Games of Chance: If the Promotion involves an element of chance, the
Promotion will be conducted in accordance with any Draw Details as
specified.
15. Entry Publicity: By entering the Promotion, all entrants consent to their
entry and/or other communications with the Promoter being broadcast on
air and communicated to the public via any medium. Entrants will not be
compensated for this use. It is a condition of entry that the Promoter has
the right to publicise, broadcast and communicate to the public the
names, characters, likenesses or voices of entrants for any promotion or
matter incidental to the Promotion.
16. Contact: If an entrant or winner is not successfully contacted in a
telephone call or attempted telephone call by the Promoter in relation to
participation or entry in the Promotion (including where a third party
answers the telephone on the entrant's or winner’s behalf), that entrant
may be disqualified and a replacement entrant or winner (whichever is
applicable) selected by the Promoter.
17. Technical problems: The Promoter is not responsible for any problems
or technical malfunction of any telephone network or lines, computer
online systems, communication network, computer equipment, software,
technical problems or traffic congestion on the Internet or at any web site,
or any combination thereof, including any error, omission, alteration,
tampering, deletion, theft, destruction, transmission interruption,
communications failure or other circumstance or thing preventing entrants
from successfully submitting an entry, or for any injury or damage to an
entry or to an entrant’s or any third party’s computer resulting from
participation in or downloading any materials in relation to this Promotion.
18. Invalid Entries: The Promoter may, in its sole discretion, declare any or
all entries invalid, or prohibit further participation by an entrant (and/or
their companion, if relevant) in this Promotion or a prize event or activity if
in the Promoter's opinion the entrant (or any companion of the entrant, as
relevant):
(a) Disrupts, annoys, abuses, threatens, harasses, is (or becomes)
intoxicated, aggressive or offensive or attempts to do any of these
things to the Promoter, another entrant or potential entrant of, or
anyone else associated with, this Promotion or any prize;
(b) Engages in conduct in relation to this Promotion which is
misleading, deceptive, unlawful, fraudulent or damaging to the
Promoter’s or any prize provider's goodwill or reputation; or
(c) Does not comply with any reasonable direction or guideline notified
to them in connection with the Promotion or a prize event or activity.
19. Unclaimed Prize: Where an entry is deemed invalid (at the Promoter’s
absolute discretion) the Promoter may determine a new winner in
accordance with any stated Unclaimed Prize Arrangements. Any prize
unclaimed after the date stated in the Prize Claim Details will be forfeited
subject to state/territory regulations.
20. Verification Checks: The Promoter or its representatives may conduct
security or verification checks in their absolute discretion to determine or
confirm an entrant’s eligibility to enter the Promotion or to win a prize.
21. Entry Content: If entry to the Promotion requires the entrant to submit
content, entrants are required to take full responsibility for the content of
their entry and for ensuring that their entry complies with these Conditions
of Entry. For the purposes of this clause, “Entry Content” includes any
SCA – PROMOTION TERMS & CONDITIONS
© Southern Cross Austereo Pty Ltd – 2016 Version: January 2016 All Markets
content (including text, photos, videos, spoken words and email
messages) that entrants submit, upload, transmit, publish, communicate
or use in connection with their entry into the Promotion. Entry Content
must be the entrant’s original work. The Promoter reserves the right to
verify, or to require the entrant to verify, that the Entry Content is the
entrant’s original work. If Entry Content cannot be verified to the
Promoter’s satisfaction, the Promoter may disqualify the relevant entry.
The Promoter may, in its absolute discretion, edit, modify, delete, remove
or take down any part of Entry Content.
22. Entry Content must not include:
(a) any image, video, recording or other kind of depiction of any other
person (except incidentally and not prominently) without that
person’s express consent. If a person is a minor, the express
consent of the minor’s parent or guardian must be obtained before
being included in any Entry Content (and if the minor is over 13, the
minor's express consent must also be obtained). Entrants warrant
that if any such content is included, they have obtained the express
consent of the relevant person;
(b) any content that in the Promoter's opinion contravenes any law,
infringes the rights of any person or is obscene, offensive,
potentially defamatory, discriminatory, indecent or otherwise
objectionable or inappropriate (which may include, without
limitation, content involving nudity, malice, violence or swearing);
and
(c) any literary, dramatic, musical or artistic work, any audio-visual or
sound recording, or any other content in which copyright subsists,
unless the entrant is entitled to do so. By including any such
content in their entry, the entrant warrants that they have the
permission of the relevant copyright owner to do so and that this
permission allows the Promoter to use the entry in accordance with
these Conditions of Entry.
23. Assignment of rights in Entry: By submitting an Entry to the
Promotion, the entrant licenses the Promoter to use the Entry Content in
any manner the Promoter wishes (including modifying, adapting, copying,
publishing, broadcasting or communicating the entry, whether in original
or modified form, in whole or in part or not at all), by way of all media, in
perpetuity, without payment to the entrant (of royalties, compensation or
otherwise). Entries become the property of the Promoter. Once
submitted, no changes to or withdrawal of an entry will be permitted.
Entries will not be returned by the Promoter.
24. Intellectual Property and Moral Rights: By entering this Promotion, the
entrant: (a) consents to any dealings with their Entry Content that may
otherwise infringe their moral rights in an entry; (b) agrees not to assert
any moral rights (wherever and whenever such rights are recognised) in
respect of their entry or publicity materials containing any part of their
entry, against the Promoter, its assigns, licensees and successors in title;
and (c) undertakes to the Promoter that their entry is not in breach of any
third party intellectual property rights.
25. Publicity: Entrants (and their companions, as relevant) may be required
by the Promoter to participate in photo, recording, video or film
session(s), and they grant the right to use such publicity materials in any
medium (including, without limitation, the internet) to the Promoter to use
in any manner it sees fit.
26. Prize Details: All prize(s) will be awarded as specified in the Prize
Details. If a prize is unavailable for any reason the Promoter, at its
discretion, may substitute for it another item of equal or higher value. The
Prize(s) are subject to any Prize Restrictions and any requirements of
relevant state/territory authorities. Each Prize or part thereof is subject to
availability, non-transferable and non-exchangeable, must be used on
any dates specified in these Conditions of Entry or as stipulated by the
Promoter or prize provider and is not redeemable for cash unless cash is
specified. The Promoter will not be responsible or liable if for any reason
beyond its reasonable control any element of any prize is not provided.
The Promoter will not be liable for any damage to or delay in delivery of
any prize, or for any compensation in relation to any prize.
27. Prize Values: The Total Prize Pool is specified in the Schedule. Prize
values are generally the recommended retail value as provided by the
prize provider, are in Australian dollars, include GST (unless otherwise
stipulated) and are correct at the time of preparation of these Conditions
of Entry. The Promoter accepts no responsibility for any tax implications
that may arise from winning any prize. Independent financial advice
should be sought. The Promoter takes no responsibility for variations in
the value of any prize.
28. Vouchers: All vouchers awarded are valid until the expiry date specified
on the voucher or by the prize provider, and are subject to any terms and
conditions imposed by the prize provider. The Promoter is not liable for
any voucher that has been lost, stolen, forged, damaged or tampered
with in any way once awarded.
29. Meet & Greet: Unless expressly stated otherwise, a prize that involves a
“meet and greet” element with a celebrity/artist/public figure (Celebrity) is
subject to the availability of that Celebrity, and will be at the discretion of
the Celebrity’s management. The Promoter will not be liable for the
failure of the winner and any companions to meet the Celebrity for
whatever reason, and no cash or alternative tickets will be awarded in lieu
of that element of the prize.
30. Alcohol: Should any prize include an event at which alcohol will be
served, participants must be aged 18 years or over. Minors are not
permitted to attend the prize event. All prize winners and their
companions must carry valid photo identification with them at all times
during the prize event. If alcohol is made available as part of the prize at
the prize event, it will be served in accordance with the principles of
responsible service of alcohol as exercised by the staff and management
of the premises at which the prize event takes place. The premises staff
and management reserve the right to refuse service of alcohol to any
prize winner or their companions should they be deemed to be
intoxicated.
31. Travel: Unless expressly stated otherwise, if a prize involves travel, no
other costs will be included and all expenses (including, but not limited to,
the costs of transport to and from a prize venue and meals), other than
those specifically referred to, will be at each prize winner’s and (if
applicable) their companion(s)’s cost. Accommodation prizes cover room
charges only. The Promoter will not be liable for the failure of the winner
and any companions to meet travel schedules or cancellations for
whatever reason and regardless as to fault, and no cash or alternative
tickets or bookings will be awarded in lieu of that element of the prize. No
travel insurance is included in any travel prize. Unless otherwise
specified, entrants/winners/companions must make their own way to and
from all events associated with the Promotion/prize at their own cost.
32. Tickets: Unless expressly stated otherwise, if a prize involves tickets to
an event, the Promoter will not be responsible for any changes in times or
dates, cancellations or rescheduling of events that may prevent the prize
winner from redeeming the prize or any part of it and no cash or
alternative tickets will be awarded in lieu of that element of the prize. All
tickets are only valid for the date or period specified on the tickets or by
the prize provider, and are subject to any terms and conditions imposed
by the prize provider, including any conditions of entry into the relevant
event location (e.g. behaviour requirements and applicable dress codes),
any conditions of ticket validity and any restrictions on ticket on-sale or
transfer. The Promoter does not control entry to the relevant event
location. Once awarded, the Promoter is not liable for any ticket that has
been lost, stolen, forged, damaged or tampered with in any way.
33. Cash: Cash prizes may be awarded in the form of a cheque or by an
EFT transfer to the winner’s nominated bank account. Cash transfers or
cheques may take up to thirty (30) working days to process prior to being
ready for collection or postage, from the date the prize provider contacts
the prize winner to confirm their details. Winners will be notified once
cheques are ready for collection, should that be the method of prize
fulfilment.
34. Set-up of Prizes: If a prize requires installation, set-up, ongoing mobile
or data plans, or any other ongoing arrangements, care or costs, the
relevant winner/companion is responsible for these arrangements.
35. Minors: Entrants under the age of 18 years must have parent or
guardian consent to enter the Promotion. If any participant in a challenge
or activity conducted in connection with this Promotion is under 18 years
of age, a parent or legal guardian of that person must be present for the
duration of that event. The Promoter reserves the right to stipulate that
entrants, winners and/or companions must be aged 21 or over in suitable
instances where applicable.
36. Claiming Prizes: The Promoter may require prize winners to provide
proof of identity, proof of residency and proof of entry validity (Evidence)
in order to claim a Prize. The suitability of Evidence supplied is at the
Promoter’s discretion. In the event that a prize winner cannot provide
suitable Evidence, the prize winner will forfeit the prize and no substitute
will be offered. If a prize winner does not redeem any element of a prize,
that element of the prize will be forfeited by the prize winner and cash will
not be awarded in lieu of that prize or any part of it.
37. Notification & Publication of Winners: Prize winners will be notified in
accordance with the Notification of Winners. Prize winners’ names and
state or territory of residence will be published as specified in Publication
Details. The Promoter and the agencies associated with this Promotion
may also publish the name and state or territory of the winners on the
Website(s) or Social Media Platform(s). By entering, entrants request
that their full address not be published.
38. Proxy: If the Promoter has expressly stated that a proxy can attend an
event related to the Promotion on behalf of an entrant or winner, the
entrant must provide all details to the Promoter and otherwise comply
with all instructions of the Promoter regarding the proxy.
Entrants/winners who nominate a proxy accept all decisions made by the
proxy. For the purposes of these Conditions of Entry (and the Schedule),
all references to an entrant/winner will also be deemed to apply to that
entrant's/winner's proxy, as relevant. The proxy must:
SCA – PROMOTION TERMS & CONDITIONS
© Southern Cross Austereo Pty Ltd – 2016 Version: January 2016 All Markets
(a) comply with any requirements specified by the Promoter including
age, location, availability, etc.;
(b) accept and agree to be bound by these Conditions of Entry (& the
Schedule) and any additional conditions provided by the Promoter
or prize supplier/s and must sign any document the Promoter
requires for this purpose; and
(c) accept that they will not receive any prizes on behalf of any prize
winner.
39. Risks: Entrants (and their companions, as relevant) acknowledge that
there may be inherent risks involved in entering this Promotion or taking
or participating in the prize(s). If entry or a prize involves travel, stunts or
challenges, the Promoter may require participants to submit to a medical
examination by a medical practitioner and obtain clearance to participate
in the Promotion or redeem a prize. Any entrant, prize winner or
participant in a Promotion event may be required to sign an
acknowledgement of risk and waiver of liability (in terms specified by the
Promoter) to expressly acknowledge that participation in the Promotion or
prize event may be inherently dangerous and that if they choose to
participate they will do so at their own risk. In particular, a reasonable
level of health and fitness may be required. The Promoter reserves the
right to preclude the participation of any person refusing to sign such
documentation, or to exclude any person who is suffering from asthma,
epilepsy, significant back or neck problems or physical or mental
disabilities or is pregnant or whom the Promoter in its sole discretion
deems to be unable to participate in any of the experiences for safety
reasons.
40. Liability: The Promoter and its related bodies corporate, contractors and
agencies associated with this Promotion will not be liable for any loss
(including but not limited to indirect or consequential loss), damage or
personal injury which is suffered or sustained (including without limitation
that caused by any person’s negligence) relating to this Promotion or the
awarding or redemption of any prize except for any liability which cannot
be excluded by law (in which case liability is limited to the minimum
amount allowable by law).
41. Australian Consumer Law: A prize winner has rights under the
Australian Consumer Law and other similar legislation which cannot be
excluded, restricted or modified by the Promoter. These rights include a
statutory guarantee that any services provided by the Promoter will be
rendered with due care and skill and that any goods supplied will be of
acceptable quality. These Conditions of Entry do not exclude, restrict or
modify those statutory rights in any way. However, to the extent it is
permitted by law to do so, the Promoter makes no representations or
warranties, express or implied, other than those contained within the
Australian Consumer Law, regarding the quality and suitability of any
prize and will not be responsible for breach of any such terms.
42. Social Medi If any part of the Promotion is run on social media,
entrants release the Social Media Platform(s) and its/their associated
companies from all liability arising in respect of the Promotion and
acknowledge that: (a) the Promotion is in no way sponsored, endorsed or
administered by, or associated with, any Social Media Platform; (b) any
information provided by the entrant in connection with the Promotion is
provid