Nova FM – Win One (1) Prize Each In The Promotion (prize valued at $16,039)

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 Kate, Tim and Marty’s What’s the point for the points?
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: 2pm AEST Thursday 31 August 2017
Entry into the Promotion closes at: 12pm AEST Friday 8 September 2017
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: 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
For the avoidance of doubt, unless otherwise expressly stated, entrants may only win one (1) prize each
in the Promotion.
8.
Entry Method
Clause 3
Web Entry
During the Promotion Period entrants must visit the Station Website and fully complete the online entry
form in the manner required, including by:
(a) providing their contact details including but not limited to full name, contact telephone
number, current and valid email address and any other information requested by the
Promoter (in its sole and absolute discretion); and
(b) Answering the following question in 25 words or less: “Where would you go with your Qantas
Points and why? (Answer).
Each entry will be individually reviewed by representatives of the Promoter (Judges) based on the
Judging Criteria.
Each weekday at various times during the Promotion Period the Judges (in their sole and absolute
discretion) will:
(a) select up to ten (10) entrant/s judged to have submitted the “best” entries (based on the
Judging Criteria, in the Promoter’s sole and absolute discretion) from all valid entries
submitted by 2.00pm (AEST) that weekday during the Promotion Period (each, a Selected
Entrant);
(b) contact up to ten (10) of the Selected Entrant/s (in the absolute and sole discretion of the
Promoter) by telephone to discuss their Answer and assess their suitability for radio (based on
the Judging Criteria, in the Promoter’s sole and absolute discretion); and
(c) Invite the two “best” Selected Entrants from that weekday (based on the Judging Criteria, in
the Promoter’s sole and absolute discretion) to participate in the On Air Challenge between
4.00pm (AEST) and 6.00pm (AEST) that weekday (On Air Challenge) (each, a Challenger).
On Air Challenge
Each weekday during the Promotion Period, a representative of the Station will contact a Challenger
and invite them to play the On-Air Challenge (in the Promoter’s sole and absolute discretion).
(a) Each day, three movies, songs or TV shows will be announced on-air.
(b) A Challenger will be selected to appear on air and will be asked to provide the link between
the three items (as determined by the Promoter in its sole and absolute discretion) within a
specified time period, based on the clues provided.
(c) Should the Challenger successfully complete the on air challenge within the specified time
period (as determined by the Promoter in its sole and absolute discretion) then they will be
named the winner for that particular day, and will join the Promoter on air the next day to
Participate in the On Air Challenge.
(d) Should the Challenger not provide the correct response, or runs out of time (as determined by
the Promoter in its sole and absolute discretion) then they will not be deemed the winner for
that particular day, and the Promoter will ask a new Selected Entrant with the next best online
entry to participate in the On Air Challenge. This will continue until a Challenger provides the
correct response.
(e) The person who is deemed the winner (as determined by the Promoter in its sole and absolute
discretion) on Friday 8th September, 2017 will be the ultimate winner and receive the prize.
(f) The Promoter may (in its sole and absolute discretion) provide clues and hints to entrants
during a contesting spot however the Promoter is under no obligation to do so.
If for any reason a Challenger or Selected Entrant is unable to be contacted, the phone goes to voice
message, their phone line drops out, or they are inaudible, or the Selected Entrant declines, or is
otherwise unable to participate on air, the Promoter may, in its sole and absolute discretion, contact
the Selected Entrant who submitted the next “best” entry based on the Judging Criteria and invite
them to appear on air that weekday to participate in the On Air Challenge. The Promoter will continue
this process until an entrant has been successfully contacted and the entrant has confirmed their
eligibility and ability to appear on air and participate on air that weekday as a Challenger (as
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 a Challenger, and they may not be invited to participate on air
and/or be awarded a prize.
For the avoidance of doubt, entrants must appear on air during the Promotion Period to be deemed a
winner and awarded a prize.
9.
Entry Restrictions 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:
12pm and 4pm AEST on weekdays during the Promotion Period,
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.
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 6pm AEST Friday 8 September 2017 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).
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 8 – 15
Prize
There is one (1) Prize to be won, comprising of:
Two (2) Qantas Frequent Flyer memberships (for the prize winner and their companion)
valued at AU$89.50 each (if applicable);
100,000 Qantas Points for the prize winner (maximum notional value$5,430;
100,000 Qantas Points for the prize winner’s companion (maximum notional value $5,430;
One (1) cash prize of $5,000 to be transferred to the winner’s nominated bank account.
Total maximum notional value $16,039 (incl. GST)
13.
Prize Restrictions
Clauses 8 – 15
If the winner or the companion, is already a Qantas Frequent Flyer member, the membership element
of the prize will be forfeited and they will be required to provide their membership number in order to
claim their Prize.
The maximum notional value of the Qantas Points prizes (for both the winner and companion) is
$10,860 based on a sample of the Qantas Frequent Flyer reward options (Rewards) that could be
obtained by redeeming the prize through the Qantas Frequent Flyer program (as more fully defined in
the terms and conditions of the Qantas Frequent Flyer program available at qantas.com/terms). For
example, 200,000 Qantas Points could be redeemed for a return Classic Reward Business Class ticket
from Sydney to Vancouver (plus taxes, fees and carrier charges of $425.51 which are payable in
addition to the points required) as at 3rd August 2017.
The estimate of the maximum notional value of each prize is provided for the purposes of information
only. The maximum notional value of each prize will vary depending on how the prize is redeemed
through the Qantas Frequent Flyer program. The Promoter accepts no responsibility for any variation in
the value of the prize.
The Prize must be taken as stated and no compensation will be payable if a winner is unable to use the
Prize as stated. Prizes are not exchangeable or redeemable for cash or other goods or services. A Prize
cannot be transferred to any other person, unless agreed to by the Promoter. By accepting the Prize,
the winner accepts the conditions of use of that Prize.
14.
Total Prize Value approx. $16,039 (incl. GST)
15.
Notification of
Winners
Clause 17
Winners will be notified by one or more of the following by 6pm AEDST Friday 8 September 2017
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 12pm AEST Saturday 1 September 2018
17.
Prize Delivery
Clause 8
The cash element of the Prize will be transferred to the winner’s nominated bank account via electronic
funds transfer.
The Promoter will provide the winner’s details to the prize supplier to facilitate the delivery or pick-up of
the Prize.
Qantas Points may take 6-8 weeks from the date that Qantas receives the winner’s and their
companion’s Qantas Frequent Flyer Membership numbers, to be credited to the relevant account.
18.
Additional
Conditions
For the avoidance of doubt, if the winner and/ or their companion are not Qantas Frequent Flyer
members, they must accept the terms and conditions of the Qantas Frequent Flyer program.
Once credited to the winners’ Qantas Frequent Flyer Accounts, Qantas Points will be governed by the
Qantas Frequent Flyer Terms and Conditions.
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 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) 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.
(c) 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.
(d) 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.
(e) 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.
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: 17 February 2017