Nova FM – Win a Subaru OuTBack & a Family Getaway (prize valued at $50,990)

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 Win a Subaru Outback and a Family Weekend Getaway!
2. Promoter Nova Entertainment Pty Ltd (ACN 093 553 989) Level 5, 33 Saunders Street Pyrmont NSW 2009
3. Station/s and
Website/s
www.winanoutback.com.au
4. Promotion Period Entry into the Promotion commences at: 12:01am AEST Monday 3 June 2019
Entry into the Promotion closes at: 11:59pm AEST Sunday 23 June 2019
5. Eligible States and
Territories
Clause 2
NSW
VIC
QLD
SA
WA
6. Age Restriction
Clause 2
Entrants and any companions (if applicable) must be: 18 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
Simple 25 words or less Website Entry
During the Promotion Period entrants must complete the online entry form and register their details in
the manner required on the Website and tell us in 25 words or less where you’d take the family for a
weekend if you win the Subaru Outback and why?
All valid entries received during the Promotion Period will be individually judged by representatives of
the Promoter based on the Judging Criteria.
The Promoter will select one (1) entry deemed to be the ‘best’ (based on the Judging Criteria, in the
Promoter’s sole and absolute discretion) and will award that entrant the prize.
9. Entry Restrictions N/A
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 5:00 pm AEST Tuesday 25 June 2019 at the Promoter’s premises. All valid
entries will be judged based on the Judging Criteria.
11. Judging Criteria
Clause 4
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).
12. Prize
Clauses 8 – 15
Prize
There is one (1) prize to be won as follows:
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
(refer to checked boxes) 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
One (1) x 2018 Subaru Outback 2.5i Premium, valued at up to AUD $45,990 including GST
(driveaway, inclusive of registration and statutory insurances, excluding any additional
insurances).
One (1) “Family Getaway” at the promoter’s discretion valued up to AUD $5,000 including
GST. Location, dates & details dependent on winner’s location and availability.
Car Features:
Symmetrical All Wheel Drive
Leather seat trim*
Sunroof
EyeSight® Driver Assist
8″ LCD touchscreen infotainment unit with Apple CarPlay┬« and Android Auto connectivity*
Rear View Reverse Camera
Steering Responsive Headlights
*some parts of the seating or trim are not full natural leather.
The winner may also choose to add on fitted accessories to the won vehicle at their own cost.
13. Prize Restrictions
Clauses 8 – 15
Prize must be taken on certain dates
Entrants and their companion/s (where applicable) must be able to take the between 25 June 2019
and 25 December 2019. 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.
Australian driver’s licence is required
Entrants must be the holder of a current Australian driver’s licence.
14. Total Prize Value Up to AUD $50,990 (incl GST).
15. Notification of
Winners
Clause 17
Winners will be notified by one or more of the following by 5:00 pm AEST Friday 28 June 2019
mail email telephone in person on-air at the time of winning Website(s) social media
16. Prize Claim Date
Clause 18
Prizes must be claimed by 5:00 pm AEST Monday 30 September 2019
17. Prize Delivery
Clause 8
The prize will be delivered to the winner’s residential address by the Promoter and the prize provider.
18. Additional
Conditions
Prize winner must consent to being filmed throughout the delivery of the prize.
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.
(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 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) SMS Entry. If this Promotion involves SMS entry, the maximum
cost of each SMS is 55 cents (inc GST) and entries must be
submitted from the entrant’s mobile phone. SMS entry is only
open to entrants with an SMS compatible mobile phone with
calling line identification connected to a service provider
which permits text and premium messaging to and from the
promotional SMS number. Entrants under the age of 18 must
obtain the bill payer’s permission prior to entering. The
Promoter’s service provider is Salmat Digital Pty Ltd (helpline:
1300 131 276).
(c) 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.
(d) Online Entry. Costs associated with accessing any Website
remain an entrant’s responsibility and may vary depending on
Internet Service Provider used.
(e) Social Media Entry. If this Promotion is conducted or involves
entry via a social media platform, the following will apply:
(i) an entrant’s entry must be submitted by the individual
entrant;
(ii) entrants must ensure their security settings on their
personal account allows the Promoter to contact them
in the event that the entrant is a winner;
(iii) use of social media platforms is subject to the terms and
conditions of use of that social media platform;
(iv) entrants acknowledge that the Promotion is in no way
sponsored, endorsed or administered by, or associated
with, any social media platform. The winner and their
companion(s) (if any) are solely responsible and liable
for the content of their entries and/or posts and any
other information they transmit to other Internet users;
and
(v) to the extent permitted by law, the winner and their
companions agree to release any and all social media
platforms (and their associated agencies and
companies) used in conjunction with this Promotion,
against any and all losses, actions, claims, costs,
expenses and damages (of any nature) which may be
incurred by the winner and their companions in respect
of their participation in the Promotion.
(f) 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 Challenge
(a) If the Promotion involves a challenge, the challenge will be
conducted in accordance with any challenge details
specified in the Schedule and as notified by the Promoter to
the entrants at the time of participating in the Challenge.
(b) Should the challenger refuse, or fail to satisfactorily complete
the Challenge within the time specified, they will not receive
any prize (or progress to the next stage of the Promotion,
where applicable) and the Promoter will not be required to
conduct the Challenge again. The Promoter’s decision as to
the result of the Challenge is final and no correspondence will
be entered into.
8 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.
9 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.
10 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).
11 Apple Products
If the Prize includes an Apple product, entrants acknowledge
that Apple is not a participant in or sponsor of this Promotion.
12 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 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.
(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.
(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.
13 Vehicle Prize
(a) If the Prize includes any vehicle (Vehicle), including a motor
vehicle/motorcycle/motor scooter/boat or any other vehicle,
the Prize does not include any insurance or accessories not
specified. The prize winner must provide all information and
sign all documentation necessary to enable the Promoter or
prize supplier to register the Vehicle in the name of the prize
winner prior to collection. To be eligible to claim the Vehicle,
the prize winner must be capable of obtaining registration of
the Vehicle in his or her name in accordance with any
applicable legislation in the Eligible States and Territories in
which the Vehicle is collected.
(b) If the prize winner is, through any legal incapacity or otherwise,
unable to register the Vehicle in his or her name then he or she
may assign the Vehicle to another person with legal capacity
for the purpose of registration of the Vehicle.
14 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.
15 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.
16 Publicity
(a) 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.
(b) An entrant consents to the Promoter, its promotional partners,
prize suppliers and its related bodies corporate using the
entrant’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.
17 Notification of Winners
The winner/s will be notified as stated in the Notification of
Winners section of the Schedule.
18 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).
19 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.
20 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 20.
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.
21 Indemnity Form
If requested by the Promoter, any entrant and companions
(where applicable) must sign an indemnity 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.
22 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.
23 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.
24 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.
25 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: 5 July 2018