KIIS FM – Win Your Way to See The Backstreet Boys Live In La (prize valued at $8,250)

Competition Terms and Conditions Schedule
Game of skill
1: Name of Promotion WIN YOUR WAY TO SEE THE BACKSTREET BOYS LIVE IN LA!
2: Promoter Name & ABN Commonwealth Broadcasting Corporation Pty Ltd (trading as KIIS 1065)
ABN 44 000 019 796
Double T Radio Pty Ltd (trading as KIIS 1011) ABN 61 003 181 244
3: Stations KIIS 106.5
KIIS 101.1
4: Websites http://www.kiis1065.com.au/
http://www.kiis1011.com.au/
5: State or Territory NSW & VIC
6: Competition Period start Date &
Time
Monday 21st
January 2019 at 06:00AM (AEDT)
7. Competition Period close Date &
Time
Sunday 3rd
of February 2019 at 11:59PM (AEDT)
8. Entry Restrictions
a) Entrants and their companion must be 21 years of age or over
at the time of entry.
b) Entrants must be able to take the prize in late July/ early
August 2019 at the discretion of the Promoter.
c) Entrants and their companion must be the holder of a current
passport with at least 6 months validity from the travel date.
d) Entrants must be able to fulfil any visa requirements and take
full responsibility for the application and application fees for
any visas required. Entrants must meet eligibility criteria to
enter the U.S.
e) Entrants must be able to attend the event on the 3rd
August
2019 in Los Angeles, USA. Entrants unavailable to attend will
forfeit their entry.
9. How to enter Online entry:
2
Syd_Docs LEGALADMIN 4133398 v3
During the Competition Period:
(a) listeners will be invited via Station on-air commercials to visit
the Station Websites and complete the online entry providing
their contact details and answering the question “In 25 words
or less why do you want to see the backstreet Boys live in
LA?”
(b) Each entry submitted by the time specified by the Station will
be individually reviewed by representatives of the Station. The
Station will select the entry it deems to be the “best” from all
valid entries received within the time period specified.
(c) The Promoter will select one entry and that entry will be
deemed a winner and receive a prize. This winner must be
available to accept the prize on-air between 6pm-9pm (AEDT)
on Monday the 4th
of February 2019 if selected. The segment
may not run on-air.
10. Limitation on entries Entrants may enter as many times as they like, however must provide a
separate entry form for each entry and a separate answer to the 25
words or less question.
Any duplicate entries received from the same entrant will be deleted
prior to the final draw
11. Challenge Details N/A
12. Judging Criteria Each valid entry will be individually judged (by representatives of the
Promoter) based on, among other things, their creativity and originality
as well as suitability for radio
13: Prize Details
There is 1 (one) major prize to be won, as follows:
Return economy flights for two (2) to Los Angeles, USA.
Four (4) night’s accommodation twin-share in a 4-star Hotel.
$500 AUD spending money
Transfers to/from destination airport to the hotel
Concert transfers
Two (2) tickets to Backstreet Boys upcoming show in Los
Angeles on August 3rd
, 2019 at Staples Center.
Major prize: Valued at up to AUD$8,250 (Inc. GST)
14: Total Prize Value Up to AUD$8,250 Inc. GST
15: Winner Notification
Winners will be notified:
– via telephone
– on air at the time of winning
– on the Station Website
3
Syd_Docs LEGALADMIN 4133398 v3
16: Prize Claim and Delivery Prize/s must be claimed no later than 1st
May 2019 at 3:00pm (AEST).
The Station will contact the winner when all elements of their prize is
ready for collection/ distribution.
The prize money will be transferred to the winner’s nominated bank
account via electronic funds transfer.
The major prize will be provided to the major prize winner by the prize
provider with assistance from Allure Travel.
17. Special conditions Events
Entrants must be able to attend the event on 3rd
August 2019.
Entrants unavailable to attend will forfeit their entry.
Once a winner has been allocated tickets to an event, they are
ineligible to win any additional tickets to the same event.
Tickets cannot be sold or re-gifted. Tickets that are found to be
for sale or on-sold will be cancelled and will not be reissued.
No refund or exchange will be given for tickets.
The Promoter is not responsible for changes to dates, times or
cancellation of events. Should any elements of the prize be
changed, moved, cancelled or not available for any unforeseen
reason, the Promoter takes no responsibility and the Prize
Winners will not be compensated.
Travel
Travel must be taken on the date to be specified by the
Promoter/ is subject to black-out period as specified by the
Prize Provider. If a winner and travelling companion are, for
whatever reason, unable to travel during these dates or do not
take an element of the prize within the time stipulated, then
that element of the prize will be forfeited by the winner.
The winner (and their travelling companion) is responsible for
all other expenses not listed above including but not limited to
meals (other than those specified), incidentals, mini-bar,
laundry, room service, phone calls, gratuities, optional
activities and excursions, freight, excess baggage, ground
transport, visas, spending money, travel insurance and all
transfers, including travel costs to and from their closest capital
city airport if the winner is from a regional area. A credit card
imprint may be required at check-in to the hotel, for all
incidental charges.
It is the traveller’s personal responsibility to ensure that they
have valid documentation, including but not limited to valid
passports and visas which meet the requirements of
immigration and other government authorities at the
destinations. Any fines, penalties, payments of expenditures
incurred as a result of such documents not meeting the
requirements of those authorities will be the sole responsibility
of the traveller.
All prize travel will be subject to the carrier’s General
Conditions of Carriage. The Promoters and carrier make no
representations as to the safety, conditions or other issues that
may exist at any destination. By entering this Competition, and
4
Syd_Docs LEGALADMIN 4133398 v3
by collecting the 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 Promoter strongly recommends that all winners take out
travel insurance and consult the www.smartraveller.gov.au
website prior to travelling.
By entering this competition, Entrants grant to the Promoter a
perpetual, non-exclusive, royalty free licence to use the
materials for the purposes of conducting the competition and
for marketing and promotional purposes.
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.
5
Syd_Docs LEGALADMIN 4133398 v3
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.
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 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.
6
Syd_Docs LEGALADMIN 4133398 v3
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.
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. 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.
7
Syd_Docs LEGALADMIN 4133398 v3
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.
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 prizes 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.
8
Syd_Docs LEGALADMIN 4133398 v3
6.5 Winner 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.
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
9
Syd_Docs LEGALADMIN 4133398 v3
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.
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.
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.
10
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.