Win a Year’s Supply of Nexba Nootropics

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 or anyone from the same family or household who in any
competition(s) run by the Promoter or any Related Body Corporate
has won a prize or prizes to the value of $500 or more in the thirty
(30) days prior to their entry in this Promotion, or $10,000 or more 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 Promotional 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. Alphabucks: The number of Contesting Segments on each Contesting
Day will vary. The Promoter may at any time, at its absolute discretion give
clues via any medium including on air, on the website or social media.
Should the Contesting Segment not be able to run live, the Promoter may
pre-record a contest. Any caller who is chosen to participate in a prerecorded segment will be made aware at the time of calling. Where
applicable, Contestants may at the absolute discretion of the Promoter be
awarded the prize off air. The Promoter reserves the right to provide hints
and clue prior to any Contesting Segment. Clues may be given away,
without, limitation, via television, social networking sites and/or on the radio
during the day, at the absolute discretion of the Promoter. Clues and hints
may be also provided to a Contestant during the Contesting Segment.
Clues and hints will be given at the complete discretion of the Promoter.
The Promoter reserves the right to theme Contesting Segments.
16. Alphabucks Kids: Entrants must be the parent or legal guardian of the
child they wish to compete on their behalf. Entrants must give consent for
their child to participate on air in a contesting segment, and if selected to
participate on air, must be present with their child for the duration of the
phone call. Representatives of the Promoter will speak to entrants prior to
a contesting segment and again at the end of the contesting segment.
17. 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.
18. 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.
19. 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.
20. 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;
SCA – PROMOTION TERMS & CONDITIONS
© Southern Cross Austereo Pty Ltd – 2016 Version: January 2016 All Markets
(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.
21. 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.
22. 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.
23. 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
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.
24. 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.
25. 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.
26. 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.
27. 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.
28. 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.
29. 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.
30. 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.
31. 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.
32. 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.
33. 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.
34. 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.
35. 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.
36. 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.
37. 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.
38. 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
SCA – PROMOTION TERMS & CONDITIONS
© Southern Cross Austereo Pty Ltd – 2016 Version: January 2016 All Markets
be awarded in lieu of that prize or any part of it.
39. 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.
40. 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:
(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.
41. 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.
42. 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).
43. 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.
44. 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 provided to the Promoter
and not to any Social Media Platform; and (c) any questions, comments or
complaints regarding the Promotion will be directed to the Promoter, not to
any Social Media Platform.
45. Privacy: The Promoter collects the personal information that entrants
provide for the purpose of administering the Promotion. The Promoter may
also use entrants’ personal information in advertisements, publications,
media statements and other promotional material associated with the
Promotion, and to contact them by electronic messaging (including email
and SMS) for marketing purposes, including notifications about future
promotions and special offers regarding the Promoter’s products and
services.
46. Disclosure of Personal Information: The Promoter may also disclose
entrants’ personal information to its related bodies corporate, contractors
and agencies connected with this Promotion, any prize provider and
relevant authorities in the relevant states/territories for the purposes of
administering the Promotion, marketing and publicity.
47. Privacy Policy: The Promoter’s privacy policy can be viewed at
www.southerncrossaustereo.com.au. It contains information about how
entrants can complain about a privacy breach and how the Promoter will
deal with such a complaint, how entrants can seek access to the personal
information the Promoter holds about them and seek the correction of such
information, and how they can opt out of receiving direct marketing
messages.
48. Third Party use of Personal Information: At the time of entry, an entrant
may be given the opportunity to consent to a stated third party collecting
their personal information for a stated purpose, e.g. for future competition
and marketing purposes of the third party. By providing this consent, an
entrant consents to the storage and stated use of their personal information
by the third party. Entrants should contact the third party to view the third
party's privacy policy.
49. COVID-19: The novel coronavirus (COVID – 19) has been declared a
worldwide pandemic. Entrants/winners/companions who undertake travel,
or attend an event, associated with the Promotion/prize acknowledge the
contagious and unpredictable nature of COVID – 19 and participate in a
travel prize or attend such event at their own risk in light of their own
personal circumstances. The Promoter is not responsible for any
consequences arising as a result of an entrant/winner/companion’s
decision to participate in a travel prize or attend an event associated with
the Promotion/prize (for example, any quarantine requirements or border
restrictions that may subsequently be imposed by a government authority
in respect of the prize/event location).