Baabuk – Win a Prize

Competition Terms and Conditions (Game of Skill)
Schedule to Terms of Entry
This Schedule together with the Terms of Entry constitute the Competition Terms of Entry for the Promotion. Please read the Terms
of Entry attached to this Schedule which applies to the Promotion.
1. Promotion Smallzy’s sending YOU to see IMAGINE DRAGONS LIVE in VEGAS!
2. Promoter Nova Entertainment Pty Ltd (ACN 093 553 989) Level 5, 33 Saunders Street Pyrmont NSW 2009
3. Station/s and
Website/s
Nova 96.9 – www.nova969.com.au
Nova 100 – www.nova100.com.au
Nova 106.9 – www.nova1069.com.au
Nova 91.9 – www.nova919.com.au
Nova 93.7 – www.nova937.com.au
4. Promotion Period Entry into the Promotion commences at: 6:00pm AEDT Friday 19 October 2018
Entry into the Promotion closes at: 8:00am AEDT Friday 26 October 2018
5. Eligible States and
Territories
Clause 2
NSW
VIC
SA
QLD
WA
6. Age Restriction
Clause 2
Entrants and any companions (if applicable) must be: 21 years of age or over.
7. Maximum Number
of Entries
Clause 3
Entrants may submit as many entries as they wish however each entry must be submitted via a
separate entry and must independently comply with these Competition Terms of Entry.
8. Entry Method
Clause 3
Online Entry
During the Promotion Period entrants must complete the online entry form and register their details in
the manner required on the Website and answer “Why do you and your bestie NEED to see IMAGINE
DRAGONS perform LIVE in LAS VEGAS?”
Each entry will be individually reviewed by representatives of the Promoter (Judges) based on the
Judging Criteria.
Standby List
At various times during the Promotion Period the Judges (in their sole and absolute discretion) will:
(a) select up to ten (10) entrants judged to have submitted the ‘best’ online entries based
on the Judging Criteria (as determined by the Promoter in its sole and absolute
discretion) from all valid online entries submitted up until that stage during the Promotion
Period (each, a Selected Entrant);
(b) each Selected Entrant will be asked the following questions (or other questions as
determined by the Promoter in its sole and absolute discretion) by a representative of the
Promoter (off air) to confirm their eligibility to be placed on the Standby List (Eligibility
Questions):
(i) Are you 21 years of age or over?
(ii) Are you available to travel between Saturday 3 November 2018 and Saturday
10 November 2018? (Travel Dates)
(iii) Do you hold a current and valid Passport with a minimum of six (6) months
validity from the Travel Dates?
(iv) Which country was your Passport issued by? If the issuing country is not
Australia, do you hold a valid Australian permanent residency visa? If the
answer is no, they will be deemed ineligible. Please note, if the issuing country is
not listed on the US Visa Waiver Program or the entrant is not eligible to obtain
the requisite travel documents (i.e. ESTA) within the nominated timeframe, they
will be deemed ineligible.
(v) Due to new US immigration and security restrictions, the Promoter’s
representative will ask the Selected Entrant; “Have you travelled to Iran, Iraq,
Somalia, Sudan, Syria, Libya or Yemen since 1 March 2011?” If the answer is yes,
the Selected Entrant will be deemed ineligible.
(vi) The Selected Entrant will be asked to provide their contact details (including
their first and last name, date of birth and Personal Contact Number).
(vii) The Selected Entrant must confirm that they comply with the Entry Restrictions
as set out below, including age restrictions and Major Prize fulfilment travel
dates.
(viii) The Selected Entrant must confirm that they do not have a criminal record.
(ix) The Selected Entrant must confirm they have a reasonable level of health,
fitness and physical and mental ability to safely participate in the Major Prize.
(c) if the Promoter deems (in its sole and absolute discretion) that the Selected Entrant
complies with these Terms of Entry they will be placed on the Standby List for that day;
(d) if the Selected Entrant has not answered these questions truthfully, the Promoter reserves
the right to withdraw that Selected Entrant from the Standby List/Promotion and that
Selected Entrant will forfeit its entry into the Promotion and any participation in the Major
Prize at any stage of the Promotion.
Appear On Air
At various times during the Promotion Period the Judges (in their sole and absolute discretion) will:
(a) select up to one (1) Selected Entrant judged to have submitted the ‘best’ online entry (based
on the Judging Criteria in the Promoter’s sole and absolute discretion) from all Selected
Entrants that have been placed on the Standby List up until that stage during the Promotion
Period (each, a Challenger);
(b) contact the Challenger on their Personal Contact Number and invite them to appear on air
that day in an On Air Challenge (in the sole and absolute discretion of the Promoter);
(c) the Challenger will be asked a predetermined question (Question);
(d) a representative of the Promoter will read out possible answers to the Question;
(e) the Challenger will be invited to choose the correct answer to the Question from the potential
answers given to them;
(f) if the Challenger successfully appears on air for the purpose of the Promotion and provides
the correct answer to the Question (as determined by the Promoter in its sole and absolute
discretion) they will be deemed a Finalist and placed on the Finalist list;
(g) if the Challenger does not provide the correct answer to the Question during a contesting
spot (as determined by the Promoter in its sole and absolute discretion) they will not be
deemed a Finalist or placed on the Finalist list and the Promoter may invite the Selected
Entrant who submitted the next ‘best’ entry (based on the Judging Criteria) to appear on air
in the relevant contesting spot. The Promoter may continue this process until a Challenger
provides the correct answer to the Question and is deemed a Finalist and placed on the
Finalist List (as determined by the Promoter in its sole and absolute discretion).
Major Prize Announce
Between 9:30am and 10:00pm AEDT on Friday 26 October 2018 the Judges (in their sole and absolute
discretion) will:
(a) select one (1) Finalist judged to have submitted the ‘best’ entry on their initial online entry
(based on the Judging Criteria, in the Promoter’s sole and absolute discretion) (Selected
Finalist); and
(b) contact the Selected Finalist on their nominated Personal Contact Number and invite them to
appear in a pre-recorded segment. The pre-recorded segment will air Friday 26 October 2018
between 7:00pm AEDT and 10:00pm AEDT;
(c) if the Selected Finalist successfully appears in a pre-recorded segment for the purpose of the
Promotion (as determined by the Promoter in its sole and absolute discretion) they will be
deemed the Major Prize winner and awarded the Major Prize. The Selected Finalist will be
asked by a representative of the Promoter over the phone (off air) to provide their contact
details (including their Personal Contact Number) for the purposes of awarding the Major
Prize.
For the avoidance of doubt the Selected Finalist must appear on air (in a pre-recorded segment)
during the Promotion Period to be deemed a winner and awarded the Major Prize.
9. Entry Restrictions Travel and Visa
Entrants (and their companion) must, in order to be declared the Major Prize winner and to participate
in the Major Prize, be able to travel to the United States of America (USA) (Travel Destinations) at any
time between the Travel Dates (as defined in Entry Method above) in order to participate in the Major
Prize (as determined by the Promoter in the Promoter’s sole and absolute discretion).
Entrants (and their companion) must, in order to be declared the Major Prize winner:
(i) be the holder of a current Australian passport with at least six (6) months validity from the
Travel Dates; or
(ii) be a permanent resident (non-citizen who holds a permanent visa) of Australia and be the
holder of a valid and current passport issued by a country party to the US Visa Waiver
Program with at least six (6) months validity from the Travel Dates; and
(iii) comply with immigration entry and exit requirements of the Travel Destinations.
The Major Prize winner and their companion must:
(i) provide a copy of their passports and Australian permanent residency visa (if applicable) at
the time of winning to verify validity. Please note, if the issuing country is not listed on the US
Visa Waiver Program or the entrant is not eligible to obtain the requisite travel documents (i.e.
ESTA) within the nominated timeframe, they will be deemed ineligible;
(ii) apply for and provide a copy of their successful Electronic System for Travel Authorisation
(ESTA) by 8:00am (AEDT) Friday 2 November 2018 in order to participate in the Major Prize;
and
(iii) prepare and obtain all necessary immigration paperwork and apply for any relevant
immigration documents and visas to enable them to travel to, and remain in, the Travel
Destinations and participate in the Major Prize. The Major Prize winner and their companions
are responsible for any immigration entry and exit requirements associated with the Major
Prize.
If the Major Prize winner and/or their companion do not comply with the above and supply the above
documents as requested and in the requested time frame, the Major Prize winner will forfeit the Major
Prize as determined by the Promoter in its absolute and sole discretion.
The Major Prize winner and their companion should consult the Embassy or Consulate of the Travel
Destinations for up-to-date information to ensure they can obtain the required travel documents prior
to travel, in order to accept the Major Prize.
Health and Safety
The health and safety of the entrants and companions is of primary importance to the Promoter.
Due to the nature of the Major Prize, a reasonable level of health and fitness may be required. The
Major Prize winner and their companion must be in good health and must not have any pre-existing
medical conditions that would prohibit them from flying to, entering and remaining in the Travel
Destinations, or participating in any way in the Major Prize. The Major Prize winner and their companion
must declare to the Promoter and any prize supplier any health-related issues that may affect their safe
participation in any part of the Major Prize and obtain a written clearance from a medical practitioner
having regard to the nature of the Major Prize to the Promoter’s satisfaction.
The Promoter, upon consultation with a relevant qualified person or health care practitioner, may
exclude any person from taking the Major Prize or participating in any part of the Major Prize who is
suffering from asthma, epilepsy, significant back or neck problems or physical or mental disabilities or is
pregnant or whom the Promoter in their sole and absolute discretion deem to be unable to participate
in any part of the Major Prize (eg. experiences) for health and/or safety reasons.
The Promoter and any prize supplier in their absolute discretion: (a) reserve the right to refuse to allow
the Major Prize winner or their companion to take part in any or all aspects of the Major Prize if they
reasonably believe the Major Prize winner or their companion poses a safety risk or for any other
reason; and (b) may cancel the relevant component of the Major Prize if the conditions are deemed
dangerous. No compensation will be payable if the Major Prize winner or their companion are unable
to use any element of the Major Prize as stated for whatever reason, including refusal of participation in
certain activities for health, age, behaviour or safety reasons.
Criminal Records
The Major Prize winner and their companion must not have a criminal record, outstanding warrants or
any infringement notices that would prevent them from entering the Travel Destinations.
The Major Prize winner and their companion consent to the Promoter conducting a criminal record
check prior to their participation in the Major Prize. The Promoter may, in its sole and absolute
discretion, refuse the Major Prize winner and/or their companion’s participation in the Major Prize, if the
Major Prize winner and/or their companion have a criminal record or any criminal charges pending. In
these circumstances, the Major Prize winner and/or their companion will forfeit all claims in relation to
the Major Prize.
The Major Prize winner and their companion consent to the Promoter conducting a criminal record
check prior to their participation in the Prize. The Promoter may, in its sole and absolute discretion,
refuse the Major Prize winner and/or their companion participation in the Major Prize, if the Major Prize
winner and/or their companion have a criminal record or any criminal charges pending. In these
circumstances, the Major Prize winner and/or their companion will forfeit all claims in relation to the
Major Prize.
Other requirements
Each entrant must nominate a personal contact number, either a personal mobile number or home
phone number (and not a business number), to be eligible for the prize (Personal Contact Number) and
grants the Promoter the right to call that entrant on their Personal Contact Number live on air.
Entrants in the Promotion must be able to receive a phone call from a representative of the Promoter
(on their Personal Contact Number) between the following timeframe (or such other time specified by
the Promoter) and in accordance with the requirements outlined in the Entry Method:
6:00pm AEDT Friday 19 October 2018 and 10:00pm AEDT Friday 26 October 2018.
If the entrant does not answer their phone by the time that phone goes to a message bank, the
entrant consents to the Promoter broadcasting that entrant’s voicemail message including their full
name and/or business name live on air. Each entrant warrants that it has obtained all consents from
third parties to broadcast live-air any information or names (including business names) in the entrant’s
voicemail message.
Each entrant warrants that they have received all consents from third parties that may ordinarily
answer their Personal Contact Number in the entrant’s absence to be broadcast live on-air if that third
party answers the relevant phone live on-air. If a third party answers an entrant’s Personal Contact
Number, that entrant will not be eligible for a prize as determined by the Promoter in its absolute and
sole discretion.
If for any reason an entrant is unable to be contacted, or is otherwise unable to, or declines to, appear
on air, or their phone line drops out or is inaudible, the Promoter (in its sole and absolute discretion)
may replace that entrant by contacting another entrant and inviting them to appear on air or
participate in an on-air game or challenge (where applicable). The Promoter will repeat this process
until an entrant is able to be contacted and confirms their eligibility and ability to appear on air or
participate in the relevant on-air game or challenge (where applicable).
For the avoidance of doubt, if an entrant is spoken to by a representative of the Promoter, it does not
mean they have been selected as an entrant or a winner (where applicable) and they may not be
invited to appear on air or participate in the relevant on-air game or challenge or be awarded a prize
(where applicable).
10. Judging
Clause 4
All valid entries will be individually judged by representatives of the Promoter (in the Promoter’s sole
and absolute discretion) by 9:30am AEDT Friday 26 October 2018 at the Promoter’s premises. All valid
entries will be judged based on the Judging Criteria.
11. Judging Criteria All valid entries will be judged (by representatives of the Promoter) on originality, creativity and
suitability or as otherwise specified by the Promoter (in the Promoter’s sole and absolute discretion).
Clause 4 Where entrants are required to participate in a challenge or on air game, the Promoter may specify
the relevant Judging Criteria prior to or at the time of the challenge or on air game.
12. Prize
Clauses 7 – 12
Major Prize
There is one (1) Major Prize, comprising of:
One (1) x travel prize for the winner and one (1) companion, valued at up to $8,000 AUD (incl GST).
The Major Prize comprises of the following components:
Two (2) adult return economy airfares from the Australian capital city closest to the ordinary
residential address of the Major Prize winner to Las Vegas, Nevada (inclusive of airfare related
taxes and charges).
Up to three (3) nights’ accommodation (minimum four star) in Las Vegas, Nevada, twin share,
to be shared by the Major Prize winner and their companion.
Return transfers for the Major Prize winner and their companion from their destination airport
to their destination accommodation.
Two (2) tickets to see Imagine Dragons perform live at a time and location to be advised by
the Prize Provider.
Tickets are valid for the date or period as indicated on the tickets. Tickets are subject to the conditions
stipulated by the provider of the tickets.
13. Prize Restrictions
Clauses 7 – 12
General Rules
In addition to the prize terms and conditions set out in the attached Terms of Entry, as a condition of
accepting and participating in the Major Prize, the Major Prize winner and their companion
acknowledge and agree that should the Major Prize winner or its companion breach these Terms of
Entry or it becomes evident that the Major Prize winner or its companion are ineligible for this
Promotion, whilst participating in the Major Prize the Promoter may, in its discretion, immediately
invalidate the relevant Major Prize winner’s entry, withdraw all further rights to the Major Prize and direct
the Major Prize winner and their companion to immediately return to Australia at their own expense.
This action will be determined by the Promoter in its sole discretion and no correspondence will be
entered into.
Major Prize must be taken on certain dates
Entrants and their companion must be able to take the Major Prize between the Travel Dates or such
other dates as notified to the entrant by the Promoter due to flight scheduling). Dates and schedules of
the Major Prize are not under the Promoter’s control and are subject to change. The Promoter takes no
responsibility for any date or schedule changes.
14. Total Prize Value Up to $8,000 AUD (incl GST)
15. Notification of
Winners
Clause 14
Winners will be notified by one or more of the following by 10:00pm AEDT Friday 26 October 2018
mail email telephone in person on air at the time of winning Website(s) social media
16. Prize Claim Date
Clause 16
Prizes must be claimed by 11:00am AEDT Monday 29 October 2018
17. Prize Delivery
Clause 7
The Major Prize will be provided to the Major Prize winner on behalf of the Promoter’s partners in the
form of a travel pack. This pack will contain all e-tickets, itineraries, hotel information, transfers and
travel information for the Major Prize. All travel dates, flights, transfer and accommodation are at the
absolute and sole discretion of the Promoter.
The Major Prize winner will receive all winner documentation and forms via email to the email address
as stated by the entrant in their online entry.
18. Additional
Conditions
N/A
Competition Terms and Conditions
Terms of Entry
1 Schedule and Terms of Entry
(a) These Terms of Entry must be read together with the Schedule
for this Promotion. The Schedule defines certain terminology
used in these Terms of Entry. By entering the Promotion,
entrants accept these Terms of Entry.
(b) To the extent of any inconsistency between the Schedule and
these Terms of Entry, the Schedule prevails. For the avoidance
of doubt, the Promoter’s General Terms of Entry (available on
the relevant Website) do not apply to this Promotion.
2 Eligible Entrants
(a) Eligible States and Territories. Entry is open only to residents of
the Eligible States and Territories specified in the Schedule
who comply with the Age Restriction.
(b) Associated persons and entities. Directors, officers,
management, employees and other staff (and the immediate
families of directors, officers, management, employees and
other staff) of the Promoter or of its related bodies corporate,
or of the agencies or companies associated with this
Promotion or of any Australian commercial radio broadcaster
are ineligible to enter.
(c) Using different identities. Any person who is discovered to
have used or attempted to use any more than one name in
order to enter any Promotion run by the Promoter except in
the case of a legal change of name in this Promotion is
ineligible to enter this Promotion.
(d) Previous Winnings. A person is ineligible to enter this Promotion
if that person or anyone from the same family or household
has won prizes to the value of $500 or more in any
promotion(s) run by the Promoter or any radio station owned
or controlled by Nova Entertainment Pty Ltd in the thirty (30)
days prior to the commencement of the Promotion Period or
they have attended (either as a winner or as a companion)
any Nova’s Red Room international promotion(s) run by the
Promoter or any radio station owned or controlled by Nova
Entertainment Pty Ltd in the six (6) months prior to the
commencement of the Promotion Period.
(e) Correct Information. Entrants must only register in their own
name. Any entries of an entrant who is deemed by the
Promoter to have provided incorrect, misleading or fraudulent
information may, at the sole discretion of the Promoter, be
deemed invalid.
(f) Proof. The Promoter may require entrants and their
companions to promptly provide identification including
(without limitation) proof of identity, proof of age and proof of
residency (to the Promoter’s satisfaction, at its sole discretion)
in order to confirm the entrant’s identity, age, residential
address, eligibility to enter, participate and claim a Prize. In
the event that the entrant fails to produce such proof that
entrant will be ineligible for the Promotion.
3 Entry Method
(a) Promotion Period. To enter the Promotion, entrants must follow
the Entry Method during the Promotion Period. Entries must be
received by the Promoter during the Promotion Period.
Entrants may submit up to the Maximum Number of Entries.
(b) Phone Entry. If this Promotion involves entry via a promotion
phone line, the maximum cost of a call to the promotion
phone line is 55 cents (inc GST) except that higher rates may
apply from mobile or public phones. Entrants under the age
of 18 must obtain the bill payer’s permission prior to entering.
(c) Online Entry. Costs associated with accessing any Website
remain an entrant’s responsibility and may vary depending on
Internet Service Provider used.
(d) Any form of automated entry using any device or software is
invalid. Entries are deemed to be received at the time of
receipt by the Promoter not at the time of transmission by the
entrant.
4 Judging and Judging Criteria
(a) Chance plays no part in determining any winners of this
Promotion. Each valid entry will be individually judged (by
representatives of the Promoter) based on the Judging
Criteria. The Prize/s will be awarded to the valid entrant or
entrants (as applicable) which best meet the Judging Criteria,
as determined by the judges. The judges’ decisions are final
and no correspondence will be entered into.
(b) Entries that, in the Promoter’s judgment, contain offensive,
defamatory or otherwise objectionable or inappropriate
material or that infringe any third party rights (including
intellectual property rights) will be invalid. This includes, but is
not limited to, any entry which the Promoter considers to be
disparaging to its products and/or services or is otherwise not
in keeping with the spirit of the Promotion (in the Promoter’s
sole and absolute discretion).
(c) Once an entry is submitted, entrants acknowledge that the
entry may not be withdrawn, altered or deleted (except as
and where required by the Promoter).
5 Use of Entries
(a) By entering this Promotion, an entrant consents to their voice,
name, image, location, content of their entry and any other
information submitted to the Promoter being broadcast on air
and/or published in any form of media by the Promoter, the
Promotion’s prize supplier and any promotional partners
associated with the Promotion.
(b) Use or any publication of entries during or after the Promotion
Period (in any form of media) does not mean that an entrant
has been selected as a winner in the Promotion, and that
entrant may not be awarded a Prize.
6 Intellectual Property Rights
(a) Each entry must not include or make reference to the
intellectual property rights of any person including but not
limited to any visible logos, drawings, cartoons, phrases,
trademarks, copyrighted material, mark that identifies a
brand or other third party materials, unless the entry is
submitted with the written consent of the owner of the
applicable intellectual property rights. Failure to do so may, in
the Promoter’s sole absolute discretion, result in the entry
becoming invalid.
(b) All entries and materials submitted to the Promoter in
connection with this Promotion (in any form, including without
limitation in hard copy or electronic form), become the
property of the Promoter. Each entry must be the entrant’s
original work. By entering this Promotion entrants:
(i) consent to the Promoter using their entries or materials in
any manner it sees fit, including exploiting, making
copies of or publishing the whole or any part of their
entry, to publicise this Promotion or for any other
purposes;
(ii) warrants that their entry is not, and its use by the
Promoter (or its prize supplier and promotional partners)
will not be, in breach of any third party intellectual
property rights;
(iii) expressly consent pursuant to the moral rights provisions
of the Copyright Act 1968 (Cth) to the Promoter having
unfettered right to treat their entry in any manner at its
sole discretion, to alter their entry in any manner and to
the Promoter (or its prize supplier and promotional
partners) not attributing authorship of their entry to the
entrant; and authorship of their entry to the entrant; and
(iv) will, at the Promoter’s reasonable request and at the
Promoter’s cost, at all times do all things (including
signing all documentation) necessary to give full effect
to the requirements of this clause.
7 Prize (General)
(a) General. The Prize for this Promotion is specified in the
Schedule and the total prize value is specified in the Total Prize
Value section of the Schedule.
(b) If Prize winner is under 18 years of age. If a winner of a Prize is
under the age of 18 years (where entry by persons under 18 is
permitted), the Promoter may, at its discretion, award the Prize
to the winner’s parent or guardian (who is aged over 18
years).
(c) No transfers or exchanges. The Prize must be taken as offered
and cannot be varied. No prize is transferable or
exchangeable, nor can it be redeemed for cash (unless
otherwise indicated). In the event for any reason a winner
does not take an element of any Prize at the time stipulated
by the Promoter then that element of the Prize will be forfeited
by the winner and cash will not be supplied for that element
of the Prize.
(d) Variation in Prize value. The Promoter accepts no responsibility
for any variation in Prize value. Where a Prize (or part thereof)
is unavailable for any reason, the Promoter may substitute for
that Prize another item of equal or higher value as determined
by the Promoter.
(e) Tax Implications. The Promoter is not responsible for any tax
implications that may arise from the Prize winnings.
Independent financial advice should be sought. Where the
operation of this Promotion results in, for GST purposes, supplies
being made for non-monetary consideration, entrants agree
to follow the Australian Taxation Office’s stated view that
where the parties are at arm’s length, goods and services
exchanged are of equal GST inclusive market values.
(f) Prize Delivery. Prizes will be provided by the Promoter to the
winner as stated in the Prize Delivery section of the Schedule.
8 Events
If the Prize includes any events, the following terms will apply:
(a) I.D to enter the venue is required. The venue reserves the right
to refuse any person entry into the venue, including, but not
limited to, those who appear drunk or intoxicated;
(b) Dress standards apply (at the discretion of the venue);
(c) The Promoter will not be liable and takes no responsibility for
any refusal of entry by the venue of any person for any reason;
and
(d) Responsible services of alcohol laws will be strictly enforced.
9 Cash Prize
Prize will be electronically transferred into the prize winner’s
nominated Australian bank account (or to the nominated
bank account of the winner’s parent/guardian if the winner
is under 18 years of age).
10 Travel Prize
If the Prize includes any travel, the following terms and
conditions will also apply (where applicable):
(a) Blackout periods. If the Prize includes international or domestic
travel, the Prize cannot be taken during peak periods or any
travel ‘blackout’ periods applying which will be specified by
the Promoter or applicable prize provider, and must be
booked and completed as specified by the Promoter and/or
the prize provider or organiser of the Prize.
(b) Travel, itinerary and schedule dates. All travel must be taken
or completed by any dates specified by the Promoter and/or
prize supplier and is subject to availability. If the Prize is event
based, travel must be taken to coincide with the relevant
event on the dates specified by the Promoter. Dates and
schedules of the Prize are not under the Promoter’s control
and are subject to change. The Promoter takes no
responsibility for any date or schedule changes.
(c) Travel and accommodation subject to availability. Any travel
and accommodation constituting part of a Prize (if
applicable) are subject to booking availability, availability of
select seat class with airlines or specific room category
availability with accommodation partner. All costs associated
with a travel Prize which are not specified to be included in
the Prize, including but not limited to any transfer costs
(including transport to and from the airport), meals, taxes,
insurance and all other ancillary costs, are the responsibility of
the winner and their companion/s (if applicable).
(d) Travel insurance, visas and vaccinations. The winner and any
travelling companions (if applicable) are responsible for
obtaining all necessary valid travel insurance, documents to
travel to the relevant country (including a current passport
and visas, if required) and any vaccinations. The winner should
consult the Embassy or Consulate of that jurisdiction for up-to-
date information to ensure they can obtain the required visa
prior to travel, in order to accept the Prize. If the winner and/or
their companion is unable to obtain a relevant visa or travel
document, and/or is refused entry into the relevant country,
the winner may forfeit the Prize, in the sole and absolute
discretion of the Promoter.
(e) Cancellation, changes, delays, rescheduling etc. The
Promoter is not responsible for any cancellation, changes,
delay or rescheduling of events, travel, activities and flights
and any costs incurred as a result (including, without limitation,
accommodation costs) will be the sole responsibility of the
winner and its companions. In the event that one or more
event or activity is no longer available, the remainder of the
prize shall constitute the complete and total Prize. The
Promoter will not enter into any further correspondence with
the winner and his/her nominated companion.
(f) Organising travel and transfers. Unless otherwise specified in
the Prize section above, it is the winner’s responsibility to
organise transport to/from the airport departure/return point.
(g) Third party terms and conditions. Redeeming the prize and
any tickets, passes or vouchers issued as part of the Prize is
conditional on acceptance of terms and conditions as
detailed by the Promoter, any prize providers and the airline
carriers in accordance with normal travel practices.
(h) Credit card and expenses. The winner and/or their
companions must have a valid credit card. Any spending
money, meals, additional activities and any other ancillary
costs, including but not limited to insurance and any
applicable insurance excesses, not listed in the Prize section
above are the responsibility of the winner and his/her
nominated companion (if any) as incurred.
(i) Amendments and alterations to travel. Regarding travel, the
Prize cannot be amended or altered. If, in the Promoter’s sole
and absolute discretion, an amendment or alteration to the
travel booking is permitted, the winner is responsible for any
amendments fees issued by airlines or other prize suppliers as
a result of an action of the winner and/or their companion,
once booking is confirmed and ticketed.
(j) Travel components taken together. The prize winner and their
companion must travel together and participate in the Prize
together at all times. All components of the travel Prize must
be taken together and when offered or are forfeited. Any
element of the Prize not taken will be deemed to be forfeited.
(k) Missed flights, etc. If the winner and/or their companions miss
any of the arranged flights or any other travel component, the
winner will forfeit the Prize (at the Promoter’s sole and absolute
discretion).
If the Prize includes any international travel, the following terms
and conditions will also apply (where applicable):
(l) Valid and current passport. The winner and their companion
(if any) must hold a passport (which is current and valid at the
time of entering the Promotion) with at least six (6) months
validity from the travel date of the Prize. The winner and their
companion must provide a copy of their passports at the time
of winning to verify the validity. If the winner and/or their
companion do not supply their passports as requested, the
winner will forfeit the Prize as determined by the Promoter in
the Promoter’s absolute and sole discretion.
(m) Mobile phone. Winners must have a mobile phone with them
at all times during their participation in the Prize, and they must
be able to make and receive calls while in overseas locations
via global roaming. All costs of the winner’s mobile phone will
be the responsibility of the winner. The Promoter takes no
responsibility for any additional costs associated with a winner
taking or using a mobile phone during the Prize, including but
not limited to all call, data and roaming charges.
(n) Comply with reasonable directions. The prize winner and their
companions must follow all reasonable directions given by the
Promoter and any prize supplier during the course of their
participation in the Prize, including all directions in relation to
health, age, behaviour, safety and legal and responsible
consumption of alcohol. No compensation will be payable if
the winner and/or their companions are unable to use any
element of the Prize as stated for whatever reason, including
refusal of entry or departure into or out of the relevant country
or participation in any other activities for health, age,
behaviour or safety reasons. If the winner or their companions
fails to participate in the Prize in the manner required, as
stated in this condition and/or in the reasonable opinion of the
Promoter or any prize supplier, the balance of the Prize will be
forfeited with no compensation payable.
(o) Compliance with foreign laws. The Prize winner and their
companion must adhere to any and all local government
laws and regulations, including around the consumption of
alcohol and gambling. The Promoter takes no responsibility for
any actions taken by local authorities if the Prize winner and/or
their companion break any local laws. The Prize winner and
their companion should make themselves aware of the local
laws and penalties of the Travel Destinations.
(p) Smart Traveller. The Australian Department of Foreign Affairs
and Trade issues travel warnings and updates for travellers.
The Promoter recommends that the Prize winner and their
companion consult www.smarttraveller.com.au for advice
and information prior to undertaking travel.
(q) Frequent Flyer Points. For the avoidance of doubt, neither
entrants nor their companion will receive frequent flyer points
or any other airline benefit program.
11 Events and Meet & Greets
(a) If the Prize involves the winner and any companions (if
applicable) attending an event, if any part of the event is
abandoned, called off, varied or postponed for any reason,
then at the Promoter’s discretion, the relevant winner (and
their companions, if applicable) forfeits all rights to attend the
relevant event and no cash or alternative tickets will be
substituted for that element of the Prize.
(b) If the Prize involves the winner and any companions (if
applicable) attending an event, meeting or attending a
function with a celebrity or other public figure, the Promoter
will not be liable for the failure of the winner (and their
companions, if applicable) to meet that person or failure of
that person to attend the function, for whatever reason.
12 Vouchers and Tickets
(a) If the Prize includes vouchers, all vouchers are valid until the
voucher expiry date as specified on the voucher or by the
provider of the voucher. Vouchers are subject to the
conditions stipulated by the provider of the voucher.
(b) If the prize includes tickets, all tickets are valid for the date or
period as indicated on the tickets. Tickets are subject to the
conditions stipulated by the provider of the tickets.
13 Publicity
(a) The Promoter, its partnering clients and/or its agents may film,
photograph and record the Prize winner and their companion
(including, but not limited to, during the course of their
participation in the Prize) and that such footage will be the
property of the Promoter and may be edited.
(b) Entrants must, at the Promoter’s request, participate in all
promotional and publicity activity in connection with this
Promotion or the winning of any Prize, free of charge, and sign
any additional documents reasonably required by the
Promoter to give effect to this condition.
(c) Entrants and their companions agree consents to the
Promoter, its promotional partners, prize suppliers, partnering
clients and its related bodies corporate using the entrant’s
and companion’s name, likeness, entry, image and/or voice
in any media for an unlimited period of time without further
notification, remuneration or compensation for any purpose
in connection with the Promotion and/or promoting any
products or services manufactured, distributed and/or
supplied by the Promoter and/or its promotional partners,
prize suppliers and partnering clients. The Prize winner and
their companion agree that they will participate in all
reasonable promoted activities in relation to the promotion as
requested by the Promoter and its partnering agents.
14 Notification and Publication of Winners
15 The winner/s will be notified and their name and state of
residence will be published as stated in the Notification
of and Publication of Winners section of the Schedule.
16 Prize Claim Date
If any Prize is not claimed by the Prize Claim Date, the
Promoter reserves the right to award the relevant Prize/s to the
next best valid entry or entries (as applicable) which meet the
Judging Criteria, as determined by the judges, that has not
already received a Prize. If a Prize is no longer capable of
being redeemed, the new winner/s will receive a Prize, as
determined by the Promoter, of equivalent value (as if the
original Prize had been awarded to that person, less any
administrative expenses incurred by the Promoter).
17 Risks, Health, Criminal History and Safety
(a) The winner and their companions must be in good health and
must not have any pre-existing medical conditions that would
prohibit them from flying, using and participating in the
Promotion, Challenge or Prize (where applicable). The prize
winner and their companions must declare to the Promoter
and/or any prize supplier any health-related issues that may
affect their safe participation in any part of the Promotion,
Challenge or Prize (where applicable) and obtain a written
clearance from their doctor in this respect.
(b) The winner and their companion may be required to attend,
undergo and pass any appropriate training, briefings, safety
demonstrations, requisite medical tests and other
requirements of the Promoter and any partnering clients as
determined by them in their absolute discretion.
(c) Entrants acknowledge that there may be inherent risks in some
aspects of the Promotion, including without limitation any
Challenge involved in this Promotion or the Prize, and that
participation in the Promotion and/or using the Prize may
involve participating in dangerous activities. By entering this
Promotion and/or accepting the Prize, entrants accept that
risk.
(d) In order to participate in this Promotion, any Challenge and/or
the activities which may be awarded as part of the Prize, the
winner (and their companion/s, as applicable) must comply
with applicable height, weight, health, fitness, skill, balance,
dexterity and any other requirements normally associated
with the particular activity.
(e) It is the entrant’s responsibility to ensure that they (and their
companion/s, as applicable) are sufficiently healthy and fit so
as to safely participate in this Promotion, any Challenge
and/or undertake the activities awarded as part of the Prize.
(f) The Promoter (upon consultation with any relevant qualified
person) reserves the right to deem that an entrant/winner (or
their companion/s, as applicable) is not sufficiently healthy or
fit for the purposes of the Promotion, Challenge or Prize (where
applicable). The entrant/winner must comply with all
requirements and directions of the people responsible for the
conduct of the relevant activity and must ensure that their
companion/s also comply, if applicable.
(g) The prize winner and a companion consent to the Promoter
conducting a criminal record check prior to their participation
in the Prize. The Promoter may, in its sole and absolute
discretion, refuse the prize winner and/or their companion’s
participation in the Prize, if the prize winner and/or their
companion have a criminal record or any criminal charges
pending. In these circumstances, the prize winner and/or their
companions will forfeit all claims in relation to the Prize.
18 Disqualification
(a) Compliance with Terms of Entry. If the Promoter becomes
aware after an entrant has won a Prize that the entrant has
not complied with these Terms of Entry, that entrant will have
no entitlement to the Prize, even if the Promoter has
announced them as a winner. That entrant will be required to
return, refund or otherwise make restitution of the Prize.
(b) Behaviour. The Promoter reserves the right to disqualify the
winner or their companions, prohibit the winner’s or their
companions’ participation in the Prize (or part thereof), or
otherwise cease to provide any prize benefit to the winner or
their companions, if:
(i) the winner or their companions act in a way, or cause
material to be published, which the Promoter in its sole
discretion deems to be inappropriate, aggressive,
defamatory, offensive, or contrary to law or the rules (if
any), to diminish the good name or reputation of any
prize supplier and/or the Promoter, its products and/or
services or any of its related bodies corporate, or is
otherwise not in keeping with the spirit of the Promotion;
(ii) it reasonably believes the winner or their companions
pose a safety risk or for any other reason; and (b) may
cancel the relevant component of the Prize if the
conditions are deemed dangerous including for reasons
of health, age, behaviour or safety reasons; or
(iii) the winner and/or its companions are under the
influence of drugs or alcohol.
(c) Tampering. The Promoter reserves the right to verify the validity
of any entries and in its sole discretion, disqualify any or all
entries from, and prohibit further participation in this Promotion
by, any person who: (a) tampers with or benefits from any
tampering with the entry process or with the operation of the
Promotion; (b) acts in violation of these Terms of Entry; (c) acts
in a disruptive manner; (d) acts with the intent to annoy,
abuse, threaten or harass any other person; or (e) engages in
any unlawful or other improper misconduct calculated to
jeopardise the fair and proper conduct of the Promotion. The
Promoter’s legal rights to recover damages or other
compensation from such an offender are reserved.
(d) For the avoidance of doubt, the winner can be disqualified
after the winner is notified and published under this Clause 18.
Failure by the Promoter to enforce any of its rights at any stage
does not constitute a waiver of those rights. No compensation
will be payable if the winner or their companion are unable to
use any element of the Prize for whatever reason.
(e) Indemnity, releases and codes of conduct
If requested by the Promoter, any entrant and companions
(where applicable) must sign a code of conduct and/or an
indemnity, release and exclusion of liability form provided by
the Promoter prior to participating in any activities in
connection with the Promotion or prior to taking a Prize. Failure
to do so means the Promoter may deem that entry invalid.
19 Exclusion of Liability
(a) The Promoter, its promotional partners, prize suppliers and their
related bodies corporate will not be liable for any direct or
indirect loss (including, without limitation, special or
consequential loss or loss of profits), expense, damage,
personal injury or death which is suffered or sustained
(whether or not arising from any person’s negligence) in
connection with this Promotion or accepting or using any
Prize, except for any liability which cannot be excluded by law
(in which case that liability is limited to the minimum allowable
by law).
(b) Without limiting the previous paragraph, the Promoter and its
associated agencies and companies will not be liable for any
damage to or delay in transit of Prizes.
(c) The Promoter accepts no responsibility for late, lost,
incomplete, incorrectly submitted, delayed, illegible,
corrupted or misdirected entries, claims or correspondence
whether due to error, omission, alteration, tampering,
deletion, theft, destruction, transmission interruption,
communications failure or otherwise.
(d) The Promoter has no control over communications networks
or services, the Internet, or computer or telephone networks or
lines and accepts no responsibility for any problems
associated with them, whether due to traffic congestion,
technical malfunction or otherwise.
20 Australian Consumer Laws
The Promoter and its associated agencies and companies
make no warranties or representations about the fitness for
purpose or suitability of any Prize and will not accept
responsibility for the quality or fitness for any purpose of any
Prize, or the failure of any Prize to be of merchantable quality.
If liability under terms implied by legislation cannot be
excluded, the liability of the Promoter and its associated
agencies and companies is limited to re-supplying the
relevant goods or services or paying the cost of replacing
them.
21 Conduct of Promotion
(a) Unforeseen Events. If for any reason any aspect of this
Promotion is not capable of running as planned for any reason
beyond the reasonable control of the Promoter, including, but
not limited to, by reason of war, terrorism, state of emergency
or disaster (including natural disaster), infection by computer
virus, telephone network failure, bugs, tampering,
unauthorised intervention, fraud, technical failures or anything
which corrupts or affects the administration, security, fairness,
integrity or proper conduct of this Promotion, the Promoter
may, in its sole discretion, cancel, terminate, modify or
suspend the Promotion, invalidate any affected entries
and/or, if necessary, provide an alternative prize to the same
value as the original prize.
(b) Amendment of Promotion. Without limiting any other
paragraph, the Promoter may at its sole discretion amend any
aspect of this Promotion or of these Terms of Entry from time to
time, subject to applicable laws in each Relevant State.
(c) Currency. Unless the contrary intention appears, a reference
in these Terms of Entry or the Schedule or in any advertisement
relating to this Promotion to Australian dollars, dollars, AUD$ or
$ is a reference to the lawful currency of Australia.
(d) Compliance with Terms of Entry. If an entrant is unable to or
refuses or fails to take part in any element of this Promotion or
an entrant or entry is deemed not to comply with these Terms
of Entry, that entrant’s entry to the Promotion will be invalid.
22 Personal Information
(a) Privacy Policy. A copy of the Promoter’s Privacy Policy in
relation to the treatment of Personal Information collected in
connection with this Promotion may be accessed on the
Promoter’s website at
www.novaentertainment.com.au/privacy.
(b) Collection Statements. By entering and participating in the
Promotion in the manner required, entrants agree to the
collection and disclosure of their Personal Information in
accordance with the relevant collection statement notified to
the entrant at the time of entering the Promotion.
(c) Third Party Personal Information. Each entrant must ensure that
any other person whose personal details have been provided
by the entrant to the Promoter for the purposes of the
entrant’s participation in this Promotion has given their implied
or express consent for their details to be provided to the
Promoter and any of its related bodies corporate and to be
contacted by the Promoter or any of its related bodies
corporate in relation to this Promotion.
Personal Information means, for the purpose of the Privacy Act
1988 (Cth) as amended by the Privacy Amendment
(Enhancing Privacy Protection) Act 2012 (Cth), information or
an opinion about an identified individual, or an individual who
is reasonably identifiable, whether the information or opinion
is true or not and whether the information or opinion is
recorded in a material form or not.
Last updated: 30 May 2018