Australian Radio Network – Win The Toyota Yaris Cross for The Weekend

Competition Terms and Conditions Schedule
Win a Toyota Yaris Cross for the Weekend Plus $2,000!
1: Name of Promotion Win a Toyota Yaris Cross for the Weekend Plus $2,000!
2: Promoter Name and ABN Australian Radio Network Pty Ltd ABN 95 065 986 987
3: Prize Supplier Name and ABN Toyota Motor Corporation Australia Limited (Toyota); ABN 64 009 686
097
4: Stations KIIS 1065
KIIS 101.1
97.3FM
Mix102.3
96FM
5: Websites http://www.yariscrossallinsmall.com.au/
https://www.kiis1065.com.au/
https://www.kiis1011.com.au/
http://www.973fm.com.au/
http://www.mix1023.com.au/
https://www.96fm.com.au/
6: State or Territory New South Wales
Queensland
South Australia
Victoria
Western Australia
7: Competition Period Start Date
and Time
Competition commences Monday, 11th
January 2021 at 5.30am AEDT.
The Promoter reserves the right to tease the Promotion prior to the
Competition start date.
8: Competition Period Close Date
and Time
Competition concludes Sunday, 28th
March 2021 at 11.59pm AEDT or
whenever the Prize has been awarded.
The Promoter reserves the right to:
(a) amend the Contesting Period at its absolute discretion
including to close the Competition within the Competition
Period; and
(b) terminate the Competition subject to any direction from a
regulatory authority.
9: Entry Restrictions (a) Entrants must be 18 years of age or over at the time of Entry.
(b) Entrants may submit as many Entries as they wish however
each Entry must be submitted via a separate online Entry
Form on each occasion and contain a different answer to the
question stated on the online Entry Form. Entrants may only
Win one (1) Prize each.
(c) Promotions are not open to any person, including Australian
residents, entering the Competition from outside of
Australia.
2
Syd_Docs LEGALADMIN 4133398 v3
(d) Entrants acknowledge that they must be contactable by the
Promoter in order to be successful. Entrants unable to be
contacted in accordance with these terms for any reason will
forfeit their Prize / Opportunity.
(e) Entrants who provide incorrect, misleading or fraudulent
information are ineligible in the Promotion and all Entries of
an Entrant who is deemed by the Promoter to have provided
incorrect or misleading information may, at the discretion of
the Promoter be deemed invalid.
(f) Entrants may be required to sign a legal indemnity form prior
to accepting any Prizes.
(g) Entrants must be Australian residents and have a registered
address in New South Wales, Queensland, South Australia,
Victoria or Western Australia.
(h) Entrants must be willing for their photos, videos or other
material submitted as part of their Entry to be published,
including later publication by the Promoter or Vehicle Prize
Supplier for the purposes of the Promotion.
(i) Entrants must be the holder of a current State or Territory
driver’s licence.
(j) Entrants must be able to collect the Vehicle Prize from the
Radio Station, a local Toyota dealership or receive the Vehicle
Prize at their place of residence or desired holiday
destination as specified by the Promoter. The Vehicle Prize
Supplier (Toyota Australia) reserve the right to choose where
the vehicle must be picked up from, in the instance it cannot
be collected from the Radio Station, a local Toyota
dealership, place of residence or holiday destination.
10: How to Enter
During the Competition Period:
(a) Listeners will be invited via Station on-air commercials and
social media to visit the dedicated website and complete the
online Entry Form, including by:
(i) providing their contact details – full name, contact
phone number and email address; and
(ii) by stating in 50 words or less: where you would like
to take the Toyota Yaris Cross for the weekend and
why?
(b) Each Entry submitted in the above specified Competition
Period will be individually reviewed by representatives of the
Promoter.
(c) The Promoter will select one (1) Winner that it believes,
based on valid registrations received:
(i) meets the Entry restrictions; and
(ii) demonstrates creativity, authenticity, uniqueness,
etc., in answering the question above.
3
Syd_Docs LEGALADMIN 4133398 v3
(d) The Promoter will select one (1) Entry over the Contesting
Period that it deems to be the “best” (in its absolute
discretion) based on the above criteria from all valid entries
received within the time period specified to receive a Prize.
(e) The Station may use the Entrants and their stories live on-air
in connection with the Promotion over the specified
Competition Period. For example, the Promoter in its
absolute discretion may invite Entrants to air to talk about
their Entry. If an Entrant is invited to speak on air this does
not deem him / her as a Winner. The Promoter and Vehicle
Prize Provider in their absolute discretion have the right to
share Entrants’ stories online and via their social media
platforms.
(f) The Station may contact Entrants to ask further questions
about their Entry. If Entrants receive a call or are put to air
this does not mean that they are the deemed Winner.
(g) The Promoter’s decision is final and no correspondence will
be entered into.
11: Limitation on Entries Limitations on Entries are as follows:
Entrants may submit as many Entries as they wish however each Entry
must be submitted via a separate online Entry Form on each occasion
and contain a different answer to the question stated on the online
Entry Form. Entrants may only Win one (1) Prize each.
12: Challenge Details N/A
13: Judging Criteria After the close of Entries, each valid Entry will be individually judged
by Representatives of the Promoter, based on among other things,
the Entrant’s creativity, authenticity, uniqueness in answering the
Competition question.
The Promoter’s decision is final and no correspondence will be
entered into.
14: Draw Details N/A
15: Prize Details There is up to one (1) Prize to be won for up to one (1) Winner as
follows:
one (1) loan vehicle – Toyota Yaris Cross (any grade available)
for one (1) weekend – from Friday of pick-up date (pick-up no
earlier than 12.00pm local time) to the following Monday
(return no later than 4.00pm local time) (three (3) nights
maximum), valued at up to $600.00 AUD; and
$2,000.00 AUD cash
Prizing Conditions
(a) Available weekend date/s for the vehicle loan Prize will be
specified by the Promoter at the time of winning and the
loan must occur before Tuesday, 29th
June 2021. Vehicle loan
dates, including pick-up and return dates, cannot occur on a
public holiday.
4
Syd_Docs LEGALADMIN 4133398 v3
(b) The Winner will be required to sign additional legal waivers
when claiming the vehicle loan Prize, including but not
limited to, loan agreements and Vehicle Prize Supplier Terms
and Conditions.
(c) For the avoidance of doubt, travel or accommodation are not
included in the Prize and any travel or accommodation
needed to take the Prize will be at the Prize Winner’s
expense.
(d) Prizes awarded are subject to availability and are at the
complete discretion of the Promoter and Vehicle Prize
Supplier
(e) All Prizes are non-transferable. Any Prize that is found to be
for sale or on-sold will be cancelled and will not be reissued.
(f) No refund or exchange will be given for any Prize.
16: Total Prize Value Up to $2,600.00 AUD (including GST)
17: Winner Notification Winners will be notified:
– via telephone; and / or
– via email.
18: Publication Details Winners of Prizes valued at over $500.00 (including GST) will be
published on the Station website ‘Win’ Page.
19: Prize Claim and Delivery Prizes must be claimed by Tuesday, 29th
June 2021 at 5.00pm AEST.
The Promoter will contact the Winner with the contact details the
Winner registered with on the online Entry Form, to arrange
fulfilment of the vehicle loan Prize.
The $2,000.00 AUD cash Prize will be transferred to the Winner’s
nominated bank account via electronic funds transfer within twenty-
eight (28) business days. This may take up to four (4) weeks to show
up in the Winning Contestant’s nominated bank account.
Winners may be required to prove their identity and show evidence as
documented on their birth certificate, driver’s licence or passport
before any Prize is rewarded.
Winners may also be required to provide any documentation which
the Promoter and Vehicle Prize Supplier and / or the Promoter’s and /
or the Vehicle Prize Supplier’s insurer reasonably requests for the
purposes of Prize redemption.
If the Vehicle Loan Prize has been arranged for a certain time / date
then the Winner must be available to take this as specified by the
Promoter. If the Winner is unable to facilitate this, then they may be
required to forfeit the Vehicle Loan Prize.
Alternatively, they may (at the discretion of the Promoter and Vehicle
Prize Supplier) be given an alternative Vehicle Loan Prize date.
5
Syd_Docs LEGALADMIN 4133398 v3
Once awarded, a representative from the Promoter will arrange an
appropriate time for the Toyota Yaris Cross to be delivered to or
collected by the Winner in line with the Entry Restrictions section (j).
During the handover, a representative will provide a waiver and
vehicle loan agreement to sign and will answer any questions. If the
Winner does not agree to the terms in the vehicle loan agreement,
the Winner will forfeit the Vehicle Prize.
The handover process will adhere to COVID safety measures including
but not limited to:
social distancing when handing over the loan vehicle to the
Winner;
wipe down of touch points – keys, steering wheel,
transmission, etc.;
using steering wheel covers; and
using gloves during re-fuelling.
20: Prize Claim Date and Time
and Unclaimed Prize Draw
Unless otherwise specified by the Promoter, Prizes must be claimed
within three (3) months from the date of the Contest and Win.
If the Winner does not claim their Prizes within a three (3) month
period, they will forfeit their Prize.
The Promoter and Prize Supplier will not be liable for Prizes that are
not delivered to the Winner due to external circumstances outside of
the Promoter’s or Prize Supplier’s control. No compensation or
replacement Prizes will be offered.
Unclaimed Prize Draw
There will be no Unclaimed Prize Draw.
21: Special Conditions General
The Terms and Conditions for this Competition comprise this Schedule
and the General Terms and Conditions. If there is any inconsistency
between the two, the terms in this Schedule shall prevail.
The Promoter’s decision is final and no correspondence will be
entered into regarding the award of any Prize or the pronouncement
of a Winner or Winners (as applicable).
Prizes awarded are subject to availability and are at the complete
discretion of the Promoter and Prize Supplier.
Should any elements of the Prize be changed, moved, cancelled or not
available for any unforeseen reason or for reasons outside of the
Promoter’s control (including for example COVID-19), the Promoter
takes no responsibility and the Prize Winners will not be
compensated.
Prior to acceptance of any Prize, the Promoter may require the
Winner to sign documents including a vehicle loan agreement, Prize
acceptance form, consent to broadcast (such as an image or footage
release), liability or publicity waiver or indemnity form. Any Winner
that fails to sign any required documentation as requested by the
Promoter or Prize Supplier may be disqualified from the Promotion.
6
Syd_Docs LEGALADMIN 4133398 v3
It may also be a condition of being a Prize Winner that Winners be
available for on-air interviews and / or in-studio and / or on location
interviews, photos or videos as part of redeeming a Prize.
Should there be any technical malfunctions for any reason, the
Promoter has the option to extend the time period for giveaways and
/ or change the specified day. The Promoter will then stipulate on-air
the new end time of the Competition. Where applicable, Contestants
may at the absolute discretion of the Promoter be awarded the Prize
off air.
The Promoter and the Vehicle Prize Supplier and their 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 or
wilful misconduct) in connection with this Promotion or accepting or
using any Prize (or recommendation), except for any liability which
cannot be excluded by law (in which case that liability is limited to the
minimum allowable by law).
By entering this Competition, and by collecting the Vehicle Loan Prize,
the Winner acknowledges and accepts that driving, travel and any
other activities comprising the Prize, are inherently dangerous and
may result in death, injury, incapacity, damage to property or other
losses.
The Winner will be loaned the vehicle solely for the purpose of this
Competition.
The Winner must not drive the vehicle while under the influence of
intoxicating liquor or drugs, or while their blood level alcohol level is
in excess of that prescribed by the relevant legislation of the state or
territory in which the vehicle is being driven.
The Vehicle Prize Supplier accepts that some minor damage may
occur through normal use of the vehicle. The Winner is not required
to pay for damage which is considered “Fair, Wear and Tear” for the
age of the vehicle. Damage in excess of this must be paid by the
Winner. If there is damage to the vehicle which was caused by an
accident and is covered by insurance, the custodian must follow the
specified insurance procedures before returning the vehicle.
The Vehicle Prize Supplier reserves the right to charge for damage
which does not pass the Fair, Wear and Tear policy after the vehicle
has been returned and inspected.
The driver and / or Winner must report any damage (from fire,
weather event, vandalism etc), theft or accidents to Toyota’s
insurance provider, AIOI, on 1800 189 296 within 72 hours (or 96
hours if the event falls on a Public Holiday) and to the Promoter as
soon as possible (providing them with the claim number). Insurance
claims must be lodged as soon as possible, and not as the vehicle is
returned (unless damage occurred immediately prior to return of the
vehicle).
The driver and / or Winner will be responsible for the cost of
insurance excess which is $750.00 per claim.
7
Syd_Docs LEGALADMIN 4133398 v3
If the driver and / or Winner is not at fault and third party has
admitted liability, no excess will apply provided that the third party’s
details have been recorded and provided to Toyota’s Insurer.
For ‘at fault’ accidents where no third party is involved (e.g. shopping
centre damage, backing into solid object) and the repair cost is less
than the $750.00 excess (as determined by an authorised Toyota
repairer), the driver and / or Winner is responsible for the cost of
repairs.
Any claim/s lodged may affect the driver’s insurance rating later when
wanting to insure a private vehicle.
The Winner must not smoke in the vehicle.
The Winner is liable for the cost to replace any keys and remotes not
returned at end of the loan period.
The Winner must not use the car for competitive sport (e.g. car rallies,
racing).
The Vehicle Prize Supplier reserves the right to pick the colour and
variant.
The Winner must hold a valid driver’s license.
Information collected
The Entrant acknowledges and agrees that their personal information
will be collected for the purpose of administering the Competition and
arranging for the Prize to be provided to the winning Entrants, and
otherwise in accordance with the Promoter’s privacy statement at
http://www.arn.com.au/about-us/privacy-policy/.
You also consent to us sharing your personal information with Toyota
Motor Corporation Australia Limited (Toyota) for the purposes of
conducting this Competition and administering the Prize. Toyota may
use any personal information Entrants provide in connection with this
Competition for the purpose of providing Prizes and promoting its
sponsorship of the Competition in advertisements, publications,
media statements and other promotional material associated with the
Competition. The Vehicle Prize Supplier may disclose the information
for those purposes to its related bodies corporate and contractors and
to Toyota dealers, and will otherwise handle your personal
information in accordance with its Privacy Policy available at
https://www.toyota.com.au/privacy-policy. If Entrants do not provide
the information requested, they will not be able to enter the
Competition.
Contesting dates
Contesting dates for Prize giveaways is at the absolute discretion of
the Promoter. Should for any reason the contesting dates need to
change (for example, due to talent being unavailable, technical
difficulties with the phones or other equipment, and / or any changes
to Prize availability) the Promoter will communicate the date change
on-air, online and / or on social.
8
Syd_Docs LEGALADMIN 4133398 v3
The Promoter also has the option to extend the existing contesting
day should it be required for any reason.
Promoter’s right to request further information
The Promoter, in its sole and absolute discretion, may request for
more information with respect to an Entry. Contact by the Promoter
or the Station does not mean that the Entry is deemed the Winner.
Promoter’s right to exclude any Entrant
The Promoter reserves the right to exclude any Entrant in its absolute
discretion, including should it deem an Entrant to be unsuitable for
participation in the Promotion.
Photos / videos / 50-word answers and other material submitted as
part of Entry
By entering this Competition, Entrants agree that:
– all photos, videos or other material submitted as part of their
entry are owned by them;
– materials do not contain images or copyright materials of
anyone else unless they have the express consent of that
person(s); and
– materials do not contain anything which is (as determined by
the Promoter in its discretion) obscene, defamatory,
discriminatory or otherwise inappropriate.
For the avoidance of doubt, the Promoter reserves the right to
invalidate any Entry which does not meet the criteria above.
Consent to further contact by the Station
By entering this Promotion you agree that the Promoter and Vehicle
Prize Supplier or their related entities can contact you for future
promotions, including but not limited to, using your details and
broadcasting them on-air and / or online.
The Promoter and Vehicle Prize Supplier will only collect and use your
details in accordance with their Privacy Policies at
http://www.arn.com.au/about-us/privacy-policy/ and
https://www.toyota.com.au/privacy-policy.
Opt-ins for marketing by Sponsor or Vehicle Prize Supplier
In addition to the privacy collection statement set out above, if the
entrant has ticked the “opt-in” box for marketing from Toyota, the
Vehicle Prize Supplier may also use the entrant’s personal information
to provide information about Toyota products and services (including
via post, phone, email and SMS), and may disclose the information to
Toyota dealers, its related bodies corporate, and contractors
(including call centres, advertising agencies and direct mail houses)
the Vehicle Prize Supplier engages for that purpose. If entrants have
any concerns or queries about the way their personal information is
managed by the Prize Supplier, they should contact the Vehicle Prize
Supplier by telephoning 1800 TOYOTA (1800 869 682) or emailing
customerexperience@toyota.com.au. The Vehicle Prize Supplier may
continue to provide the entrant with this information for an indefinite
period unless and until advised otherwise by the entrant.
9
Syd_Docs LEGALADMIN 4133398 v3
Filmed activities
The Winner must agree that they are willing for the activity (vehicle
loan handover) to be filmed, photographed or otherwise recorded
and cooperate with all steps to provide and / or obtain the necessary
permits, approvals and consents required and to sign any related
agreement in relation to the activity indicating that they have done
so.
Consent to broadcast participation in Contest
By entering this competition, Entrants grant to the Promoter and
Prize Supplier a perpetual, non-exclusive, royalty free licence to use
their name, image, voice, likeness, biographic information or any
other material that identifies them, including any photographic, visual
or sound recordings of the same (collectively, Recordings), for the
purposes of conducting the Competition and for marketing and
promotional purposes. This licence includes any social media material
published in accordance with the Competition.
Indemnity
Contestants indemnify the Promoter, Prize Supplier and their related
entities against any claim, action, proceeding, loss or expense arising
out of any liability for claims by a third party, or any claims they may
have, caused by or in connection with their participation in the
Competition or the acceptance of any Prize. The Promoter and Vehicle
Prize Supplier have no ongoing liability to the Entrant or their
nominated person, for any reason whatsoever.
Facebook / Instagram / Twitter
The Promoter reserves the right to solicit for Entrants on Facebook,
Instagram and Twitter and invite them to register for the Promotion.
When entering this Promotion, you agree to release Facebook,
Instagram and Twitter from all liability and claims arising out of or in
connection with the Promotion or these Terms and Conditions.
You acknowledge and agree that your Entry must be in accordance
with Facebook, Instagram and Twitter’s Statement of Rights and
Responsibilities and can be removed at any time by the Promoter or
otherwise in accordance with Facebook, Instagram and Twitter’s
Statement of Rights and Responsibilities.
The Competition is in no way sponsored, endorsed, administered by,
or associated with Facebook, Instagram and Twitter. Any questions,
comments, or complaints regarding the Promotion should be directed
to the Promoter.
When entering the Promotion, you are providing your information to
the Promoter and Vehicle Prize Sponsor and not to Facebook,
Instagram or Twitter.
Costs associated with accessing the Facebook, Instagram or Twitter
pages or accounts remain an Entrant’s responsibility and may vary
depending on the internet service or telecommunications provider
used.
10
Syd_Docs LEGALADMIN 4133398 v3
The Australian Radio Network General Terms and Conditions as published on the Station Website and available from
the Stations reception on request subject to such variations may be provided for in this Schedule.
AUSTRALIAN RADIO NETWORK
General Terms and Conditions for Promotions & Competitions
The following document covers all promotions and competitions run by this radio station both On-Air & Online.
There are sometimes additional Terms and Conditions applicable to certain competitions, these competition
specific Terms can be found in the link under the relevant competition section contained on this site.
1. THIS DOCUMENT:
1.1 The following General Terms & Conditions apply to all competitions, giveaways and promotions
(“Promotion/s”) run by this (“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 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.
11
Syd_Docs LEGALADMIN 4133398 v3
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 on the radio station or on any station owned or
controlled by the Australian Radio Network valued either individually or collectively at more
than $500 in the 30 days prior to the commencement of the Promotion, or $20,000 in
the 6 months prior to the commencement of the Promotion.
3.8 Entrants must not have any prior criminal convictions, AVOs or Police records and the Promoter
reserves the right to terminate their involvement with the Entrant if this sub-clause is found to be in
breach at any time throughout the contesting period.
3.9 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.
12
Syd_Docs LEGALADMIN 4133398 v3
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 16 regarding Prize Claim
and Delivery.
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 to by bank transfer to the winner’s nominated bank account. Payments
will only be made to the account owned by the winner. Winner’s must provide the correct details for
their nominated bank account and they will not be compensated if incorrect details are provided
resulting in cash prizes being paid to the wrong account. Alternatively, winners can request a
cheque be 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.
13
Syd_Docs LEGALADMIN 4133398 v3
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 prize 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 PRIZES 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 Unless otherwise specified in the applicable competition Schedule, winners 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.
14
Syd_Docs LEGALADMIN 4133398 v3
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.
15
Syd_Docs LEGALADMIN 4133398 v3
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. For the avoidance of doubt, the Promoter is not
responsible for technical delays associated with the IP delivery or the carriage service. Entrants in
promotions that involve a cue to call may experience varying delays depending on their mode of
reception.
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.
16
Syd_Docs LEGALADMIN 4133398 v3
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.