Nova FM – Win a trip to New York City, the home of the Ninja Turtles

Trade Promotion: Game of Skill Schedule to Terms of Entry
Name of Promotion
Teenage Mutant Ninja Turtles Parkour
Station and Station Website
Nova 969 (www.novafm.com.au/nova969/ and www.nova969.com.au) Nova 100 (www.novafm.com.au/nova100/ and www.nova100.com.au)
Nova 1069 (www.novafm.com.au/nova1069/ and www.nova1069.com.au)
Nova 919 (www.novafm.com.au/919/ and www.nova919.com.au) Nova 937 (www.novafm.com.au/937/ and www.nova937.com.au)
Promoter
Nova 96.9 Pty Ltd (ACN 092 545 689) of Level 5, 33 Saunders Street Pyrmont NSW 2009
Relevant State/s
NSW VIC SA QLD WA
Entry Restrictions
Entrants (and their companion, where applicable) must be 18 years of age or over. However, where an entrant is under 21 years of age, that entrant must be accompanied by a parent or guardian who is 21 years of age or over whilst taking the Major Prize (if applicable).
Entrants and their companion must be the holder of a current passport with at least 6 months validity from the travel date, in order to be declared the Major Prize winner.
The Major Prize winner and their companion are responsible for any visa requirements associated with the Major Prize. In the event that the Major Prize winner or their companion are unable to obtain appropriate visas, then the Promoter takes no responsibility for the Major Prize winner’s (or their companion’s) inability to take the Major Prize.
The Promoter may require entrants and their companion to provide proof of age in a form acceptable to the Promoter. Should an entrant or their companion be unable to satisfy this requirement, the entrant will be ineligible for the Major Prize.
If requested by the Promoter (in its sole discretion), entrants and their companion must sign an indemnity and exclusion of liability form in order to be eligible to win and participate in the Major Prize.
Entrants warrant that they will not conduct any activity, do anything or submit any material as part of their entry which may be considered to be offensive, obscene, dangerous to themselves or others, involves bodily harm, is illegal, may cause damage to themselves or others or which may cause damage to the Promoter’s reputation (as determined by the Promoter in its sole and absolute discretion). Entries involving activities including (but not limited to) the following are unacceptable:
Causing physical or bodily harm to any person or animal;
Causing a public nuisance;
Activities on freeways/motorways; and
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Littering.
The Promoter will not be responsible for any loss or injury sustained by the entrant or any third party as a result of the entrant’s participation in this Promotion or in connection with the Promotion.
Promotion Period
The promotion begins at 6pm (AEST) on Friday 29 August 2014.
Entries into the promotion close at 2pm (AEST) on Friday 5 September 2014.
The Major Prize winner will be announced on air on Friday 5 September 2014 during between 4pm (AEST) and 6pm (AEST).
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Entry Method
Web entry:
During the Promotion Period entrants must visit the Station Website and complete the online entry form in the manner required, including by providing their full name, contact telephone number, current and valid email address and any other personal information requested by the Promoter (in its sole and absolute discretion. Entrants must also upload a video in .AVI or .MOV formats of their parkour skills (Video) and answer the following question in 25 words or less – ‘Why do you think your parkour skills are the best?’ (Answer).
Each valid entry received by the Promoter during the Promotion Period will be individually reviewed by representatives of the Promoter (Judges).
Between 4pm (AEST) and 6pm (AEST) from Monday 1 September 2014 to Thursday 4 September 2014 the Judges (in their sole and absolute discretion) will select an entrant daily they deem to have submitted the ‘best’ entry (including Video and Answer) (based on the Judging Criteria) (Selected Entrant) from all entries received by 2pm (AEST) that day during the Promotion Period. A representative of the Promoter may (in its absolute and sole discretion) contact the Selected Entrant and invite them to discuss their Video live on-air.
By 4pm (AEST) on Friday 5 September 2014, the Judges (in their sole and absolute discretion) will select the entrant judged to have submitted the ‘best’ Video and Answer (based on the Judging Criteria) from all valid entries received during the Promotion Period to be the Major Prize winner and that entrant will win the Major Prize. A representative of the Promoter will contact the Major Prize winner by telephone and may (in its absolute and sole discretion) also invite them to discuss their Video live on-air between 4pm (AEST) and 6pm (AEST) on Friday 5 September 2014.
For the avoidance of doubt, the Major Prize winner may be a Selected Entrant or any other entrant. To be deemed the Major Prize winner and awarded the Major Prize, an entrant does not need to have appeared on air during the Promotion Period to discuss their Video. An entrant who appears on air to discuss their Video during the Promotion Period will not necessarily be deemed the Major Prize winner.
If for any reason a Selected Entrant or the Major Prize winner is unable to be contacted, their phone line drops out or they decline to appear on air, the Promoter may (in its sole and absolute discretion) contact the entrant who submitted the next ‘best’ entry based on the Judging Criteria to be a Selected Entrant or the Major Prize winner (as applicable) and invite them to discuss their Video live on-air between 4pm (AEST) and 6pm (AEST) on the applicable weekday (excluding Friday 29 August 2014) during the Promotion Period. The Promoter may (in its sole and absolute discretion) continue this process until an entrant has been successfully contacted and the entrant has confirmed their eligibility and ability to discuss their Video on air between 4pm (AEST) and 6pm (AEST) on the applicable weekday (excluding Friday 29 August 2014) during the Promotion Period and/or be awarded the Major Prize (if applicable).
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 and each entrant warrants that it has the right to transfer these things to the Promoter. Each entry must be the entrant’s original work. By entering this promotion entrants:
1 acknowledge that the Promoter becomes the sole and exclusive owner of the entry and has the worldwide, exclusive right to make, sell, distribute or otherwise use any products or services
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that incorporate the entrant’s entry in whole or in part;
2 consent to the Promoter making copies of or publishing the whole or any part of their entry (including on the Promoter’s websites and Facebook pages) and otherwise exploiting the entry and any rights in relation to the entry, to publicise this promotion or for any other purposes;
3 undertake to the Promoter that their entry is not, and its use by the Promoter will not be, in breach of any third party intellectual property rights; and
4 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/modify their entry in any manner and to the Promoter not attributing authorship of their entry to the entrant.
Entrants 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.
Entrants must have written consent from any third parties who appear in their entry, including a consent to use their participation in the entry as part of this Promotion. The Promoter reserves the right to request a copy of the written consent, which the entrant must provide. If the entrant cannot provide sufficient written consent to the Promoter (as determined by the Promoter in its sole discretion), the Promoter may deem the entry invalid.
Maximum Number of Entries
Entrants may enter the promotion as many times as they wish however each entry must be substantially unique, must be submitted separately and must independently comply with these Terms of Entry.
Challenge Details
NA
Challenge Date and Challenge Location
NA
Judging
All valid entries will be individually judged by representatives of the Promoter by 4pm (AEST) on Friday 5 September 2014 at the Promoter’s premises to determine the Major Prize winner. All valid entries submitted during the Promotion Period will be judged based on the Judging Criteria. The winner will be notified in accordance with the Notification of Winners information set out below.
Judging Criteria
Each valid entry will be individually judged by the Judges based on creativity, uniqueness and appeal for radio.
Prize Details
There is one (1) Major Prize to be won.
Major Prize:
The Major Prize winner will win one (1) travel prize for the winner and one (1) companion (companion must be at least 18 years of age, or where the winner is under 21 years of age, their companion must be a parent or guardian who is 21 years of age or over) to New York, USA for four (4) nights total during the period 15 December 2014 to 31 August 2015 (inclusive), valued at up to $17,500 (including GST) (Major Prize). The
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Major Prize includes:
two (2) x return flights to New York City, USA from the capital city in the state of the Major Prize winner’s ordinary residential address (inclusive of all airfare related taxes and charges). Where the Major Prize winner resides in South Australia, the Major Prize winner will receive two (2) x return flights to New York City, USA from Melbourne, Victoria, and it will be that winner’s responsibly to make their way to Melbourne, Victoria at their own expense;
four (4) nights’ minimum 4 star accommodation, twin share or double share in New York City (hotel to be determined by the Promoter in its sole and absolute discretion);
one (1) x 2 hour private tour of the Brooklyn subway system and graffiti workshop for two (2) people;
one (1) x 1 hour private skateboarding lesson for two (2) people;
one (1) x 1 hour private ninja workshop for two (2) people;
one (1) x 1 hour private parkour lesson for two (2) people;
return transfers to hotel from airport in New York City; and
return transfers to and from all tours in New York City, valued at up to $15,500.00 (incl GST).
Major Prize Terms and Conditions
The Major Prize winner and their companion must hold a current and valid passport with at least 6 months validity from the travel date of the Major Prize.
The Major Prize winner and their companion may be required to sign a legal release or releases in the form determined by the Promoter in its sole discretion prior to participating in the Major Prize.
All bookings regarding the prize must be made through Imagination Marketing Systems. Redeeming the prize is conditional on acceptance of terms and conditions of travel as detailed by Imagination Marketing Systems, any prize providers and the airline carriers in accordance with normal travel practices.
The Major Prize winner will be required to sign & complete a winner information & prize acceptance form & to submit copies of their passports in order to enable Imagination Marketing Systems to book their prize trip.
All travel must be completed by 31st August 2015 and is subject to availability which may depend on applicable blackout periods as advised by the prize provider, select seat class with airlines or specific room category availability with accommodation partner. Major Prize cannot be taken over Christmas, New Year, Valentine’s Day, school holidays, award ceremonies or public holidays in the country of departure or the destination country.
Brooklyn subway tour and graffiti workshop cannot be taken between 22 – 26 November 2014 and 20 – 26 December 2014.
Participants will be required to sign a liability waiver before undertaking the skateboarding lesson.
The Major Prize winner and/or their companion must have a valid
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credit card.
Visas, valid passports, additional 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 Details above are the responsibility of the Major Prize winner and his/her nominated companion as incurred.
It is the Major Prize winner’s responsibility to organise transport to/from the airport departure/return point.
The Major Prize including flights are non-changeable, non- refundable & non-transferable.
Once booked the Major Prize cannot be amended or altered.
The Promoter takes no responsibility for loss or injury suffered by a Major Prize winner as a result of taking the Major Prize. The Major Prize winner and their nominated companion must have valid travel insurance for their period of travel and adequate for the countries of travel, and must provide a copy to Imagination Marketing Systems before they travel.
No portion of the Major Prize is redeemable for cash. The Major Prize is not refundable or transferable.
The Australian Department of Foreign Affairs and Trade issues travel warnings and updates for travellers. The Promoter recommends that winners consult http://smartraveller.gov.au/ for advice and information prior to undertaking travel.
The Promoter and prize providers accept no responsibility for any changes and/or cancellations to the events or activities. In the event that one or more event or activity is no longer available, the remainder of the prize shall constitute the complete and total prize. The Promoter will not enter into any further correspondence with the winner and his/her nominated companion.
The Major Prize winner and their companion must prepare all necessary paperwork and apply for any relevant visas (including an Electronic System for Travel Authorisation (ESTA) to enable them to travel to, and remain in, the USA and participate in the Major Prize (at their own cost). The Major Prize winner should consult the Embassy or Consulate of The United Stated of America or https://esta.cbp.dhs.gov/esta/ for up-to-date information to ensure they can obtain the required visa prior to travel, in order to accept the Major Prize. If the Major Prize winner and/or their companion is unable to obtain an ESTA or any other relevant visa or travel document, and/or is refused entry into the USA, the Major Prize winner may forfeit the Major Prize.
Any necessary vaccinations are the responsibility of the Major Prize winner & their companion.
All taxes (including without limitation national & local taxes) in connection with the Major Prize (other than as set out in the Prize Details above) & the reporting consequence thereof, are the sole responsibility of the prize winner.
All elements of the Major Prize must be taken at the same time or are forfeited.
Major Prize winner’s requested departure date must have a minimum of 90 days advance notice of travel after completion of
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their winner form provided by Imagination Marketing Systems.
The Major Prize winner must have access to a personal email account.
Specified accommodation, restaurants, activities & tours are subject to availability at the time of booking. Alternatives may be offered dependant on availability (in the sole and absolute discretion of the Promoter and any Major Prize provider).
The Major Prize winner and their companion must not be under the influence of any drugs and may consume alcohol in moderation but must not be under the influence of alcohol during any activities to the extent that it impairs or affects their understanding, judgment or participation in the activities, and subject to any limitations of the Promoter, any Major Prize supplier and the prevailing laws and regulations of USA.
Health and Safety
Entering this promotion and taking the Major Prize is subject to prevailing terms and conditions of any accommodation/transport/experience/ services/transfers/travel insurance or tour providers, and in particular, health, behaviour, age and safety requirements. The Major Prize winner and their companion must follow all reasonable directions given by the Promoter and any Major Prize supplier during the course of their participation in the Major 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 companion are unable to use any element of the Major Prize as stated for whatever reason, including refusal of entry or departure into or out of USA or participation in any other activities for health, age, behaviour or safety reasons. If the Major Prize winner or their companion fails to participate in the Major Prize in the manner required, as stated in this condition and/or in the reasonable opinion of the Promoter or any Major Prize supplier, the balance of the Major Prize will be forfeited with no compensation payable.
The Major Prize winner and their companion must be in good health and must not have any pre-existing medical conditions that would prohibit them from entering this promotion or flying to, entering and remaining in the USA, or participating in any way in the Major Prize.
Total Prize Pool
Up to $15,500.00 (inc GST).
Notification of Winners
Major Prize winner will be notified via telephone and their name will be announced on air at the time of winning, by 5 September 2014.
Prize Claim Date and Time
The Major Prize must be claimed by 5pm (ADST) on 5 December 2014.
Prize Delivery
The Promoter will contact the winner to arrange the Major Prize.
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Trade Promotion: Game of Skill Terms of Entry
5 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, entrants accept these Terms of Entry. 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 Station Website) do not apply to this promotion.
6 Entry is open only to residents of the Relevant State/s who comply with the Entry Restrictions (if any). 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.
7 The promotion will be conducted during the Promotion Period.
8 To enter the promotion, entrants must follow the Entry Method during the Promotion Period.
9 Entries must be received by the Promoter during the Promotion Period. Entrants may submit up to the Maximum Number of Entries. Multiple entries (where permitted) must be submitted separately and must independently comply with these Terms of Entry.
10 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. 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. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. 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.
11 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 should check with their network service provider to see if their mobile phone is compatible. Entrants under the age of 18 must obtain the bill payer’s permission prior to entering. The Promoter’s service provider is 5th Finger Pty Ltd (helpline: 1300 464 866).
12 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.
13 Costs associated with accessing any Station Website remain an entrants responsibility and may vary depending on Internet Service Provider used.
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14 This is a game of skill; chance plays no part in determining the winner/s. Each valid entry will be individually judged (by representatives of the Promoter) based on the Judging Criteria.
15 The judges’ decisions are final and no correspondence will be entered into.
16 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 and each entrant warrants that it has the right to transfer these things to the Promoter. Each entry must be the entrant’s original work. By entering this promotion entrants:
(a) consent to the Promoter making copies of or publishing the whole or any part of their entry and otherwise exploiting the entry and any rights in relation to the entry, to publicise this promotion or for any other purposes;
(b) undertake to the Promoter that their entry is not, and its use by the Promoter will not be, in breach of any third party intellectual property rights;
(c) 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 not attributing authorship of their entry to the entrant; and
(d) 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.
17 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, in accordance with the Prize Details. 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. The decision by the Promoter to accept or reject an entry is in the Promoter’s sole discretion and no correspondence will be entered into. 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).
18 If the promotion involves a challenge as described in the Challenge Details (the Challenge), the Challenge will be conducted in accordance with the Challenge Details on the Challenge Date at the Challenge Location. If an entrant participating in the Challenge is deemed, by representatives of the Promoter, to have completed the Challenge successfully within the time period specified by the Promoter (where applicable), and in accordance with any other criteria specified in the Schedule or by the Promoter, they will receive a prize as described in the Prize Details. Unless otherwise specified, entrants are responsible for making their own way to and from the Challenge Location to participate in the Challenge. If the Challenge Location is specified to be an “entrant’s home” or similar, the entrant warrants that the address nominated by the entrant is the address where the entrant lawfully and usually resides and that the entrant has authority to allow persons access to the home and the land on which it is situated. The entrant consents to the Promoter and any other persons as required by the Promoter accessing and entering the home and the land, for the duration of the Challenge and for any period before or after the Challenge, as reasonably required for the purposes of the Challenge. Unless the contrary intention appears, a reference in these Terms of Entry to the word “person” includes an individual, a firm, a body
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corporate, a partnership, a joint venture, an unincorporated body or association, or any government agency or entity.
19 The prize/s are specified in the Prize Details. The total prize pool is specified in the Total Prize Pool section of the Schedule.
20 Where a prize includes international or domestic travel, the prize cannot be taken during peak periods or any travel ‘blackout’ periods applying, and must be booked and completed as specified by the Promoter and/or the supplier or organiser of the prize. If the prize is event based, travel must be taken to coincide with the relevant event on the dates specified by the Promoter. Any flights and accommodation constituting part of a prize are subject to booking and availability. 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, meals, taxes, insurance and all other ancillary costs, are the responsibility of the winner and their companion/s (if any). The winner and any travelling companion/s are responsible for ensuring that they have all necessary travel insurance and documents to travel to the relevant place (including a current passport and visas, if required). The Promoter is not responsible for any cancellation, delay or rescheduling of flights and any costs incurred as a result (including, without limitation, accommodation costs) will be the sole responsibility of the winner. Where a prize includes international travel, winners are advised to consult their healthcare professional regarding recommended immunisations and/or health checks prior to travelling and to check for travel warnings and any perceived hazards with appropriate authorities, including www.dfat.gov.au.
21 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. If a winner of a Vehicle is under the age of 18 years, the prize will be awarded to the winner’s parent or guardian. The winner or his or her parent or guardian (as the case may be) (Deemed Winner) is responsible for arranging their attendance at the premises nominated by the Promoter to collect the Vehicle. The Deemed Winner must provide all information and sign all documentation necessary to enable the Promoter to register the Vehicle in the name of the Deemed Winner prior to collection. To be eligible to claim the Vehicle, the Deemed Winner must be capable of obtaining registration of the Vehicle in his or her name in accordance with any applicable legislation in the Relevant State in which the Vehicle is collected. If the Deemed 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.
22 Where a prize involves the winner:
(a) 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 companion/s, 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; and/or
(b) 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 companion/s, if applicable) to meet that person or failure of that person to attend the function, for whatever reason.
23 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. If the total value of a voucher is not
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used at the time of redemption, a new voucher may (subject to the conditions stipulated by the provider) be issued for the remaining amount. Any such further voucher is valid for the remainder of the original voucher expiry period. Vouchers cannot be redeemed for further vouchers.
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.
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).
The Promoter may, at its discretion, require any person taking any prize to be 18 years of age or over, or if a person is under the age of 18, require that that person be accompanied by a parent or legal guardian while taking the prize.
The Promoter may in its absolute discretion prohibit an entrant’s participation in this promotion, cancel a prize or otherwise cease to provide any benefit of a prize to a winner and their companion/s if the entrant or the winner (or their companion/s), in the opinion of the Promoter, is under the influence of alcohol or any other drug, behaves aggressively or offensively, or behaves in a manner which may diminish the good name or reputation of the Promoter, any of its related bodies corporate or any of its promotional partners (or of the business of the Promoter, any of its related bodies corporate or any of its promotional partners), is contrary to law or is otherwise inappropriate.
The Promoter encourages consumers to enjoy alcohol responsibly. Legal aged consumers are advised to consider the safe drinking levels recommended in the National Health and Medical Research Council Australian Alcohol Guidelines. A full version of the Guidelines is available at http://www.alcoholguidelines.gov.au/.
Entrants must, at the Promoter’s request, participate in all promotional activity (such as publicity and photography) surrounding 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. An entrant consents to the Promoter and its related bodies corporate using the entrant’s name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the promotion (including any outcome) and any Challenge, taking or using any prize and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter.
If an entrant is unable to or refuses or fails to take part in any element of this promotion (including, without limitation, a Challenge forming part of this promotion), or a winning entry is deemed not to comply with these Terms of Entry, the Promoter reserves the right to discard that entrant’s entry and proceed as if that entrant had not entered the promotion.
The winner/s will be notified as stated in the Notification of Winners section of the Schedule.
If any prize is not claimed by the Prize Claim Date and Time, the relevant winner’s entry will be deemed invalid and 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).
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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.
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. 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. The Promoter reserves the right to deem that an entrant/winner (or their companion/s, as applicable) is not sufficiently healthy or fit. 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.
If requested by the Promoter, any entrant or winner (and their companion/s, if applicable) (or if an entrant, winner or companion is aged under 18 years, their parent or guardian) must sign an indemnity and exclusion of liability form (provided by the Promoter) in favour of all parties involved in this promotion and/or providing the prize prior to undertaking any specified activities forming part of the promotion or prior to take a prize. If any entrant, winner, nominated companion or parent/guardian (if applicable) do not sign the indemnity form provided by the Promoter within the time requested by the Promoter, the relevant entrant’s or winner’s entry or claim will be deemed invalid. Where an entry or claim is deemed invalid, the Promoter reserves the right to determine a new winner in accordance with paragraph 13 or 14 (as applicable).
Prizes and participation in this promotion is subject to any conditions imposed by the supplier or organiser of the prize, as applicable.
The Promoter and its associated agencies and companies 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). Applicable manufacturers and/or distributors should be contacted in regards to all prize warranty claims.
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. Prizes will be provided by the Promoter to the winner/s as stated in the Prize Delivery section of the Schedule.
Entrants can only register in their own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to enter and participate in the promotion and all 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. The Promoter may require the winner/s to provide (within the requested time) identification as requested by the Promoter 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, and any information submitted by the entrant in entering and participating in the promotion, before issuing the prize (including confirming
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consent of an entrant’s parent or legal guardian and the name, age and address of the parent or legal guardian that gave their consent, where an entrant is under 18 years of age). Identification considered suitable for verification is at the Promoter’s discretion. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an entrant has not been verified or validated to the Promoter’s satisfaction, then any and all entries of that entrant will be ineligible and deemed invalid.
40 If due to any reason whatsoever 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 and that entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the prize.
41 The Promoter reserves the right to verify the validity of any and all entries. The Promoter may, 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.
42 This 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. The Promoter accepts no responsibility for any variation in prize value. Where a prize is unavailable for any reason, the Promoter may substitute for that prize another item of equal or higher value as determined by the Promoter. Without limiting the foregoing, the Promoter may, in its absolute discretion, substitute cash for any prize (the amount of cash being equal to the prize value specified in the Prize Details).
43 Without limiting paragraph 33, 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.
44 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.
45 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.
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46 The Promoter accepts no responsibility 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.
47 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.
48 The Promoter collects and stores Personal Information about an entrant on its databases to include the entrant in a promotion and, where appropriate, award prizes. If the Personal Information requested is not provided, the entrant cannot enter the promotion and is deemed ineligible. The Promoter may disclose entrant’s personal information to its contractors and agents to assist in conducting this promotion or communicating with entrants. A entrant also agrees that the Promoter may, in the event the entrant is a winner, publish or cause to be published the entrant’s name and locality in any media. An entrant can gain access to, update or correct any Personal Information held by the Promoter by contacting the Promoter’s Privacy Officer at the Promoter’s address as stated in the Schedule. All Personal Information will be stored at the office of the Promoter. A copy of the Promoter’s Privacy Policy in relation to the treatment of Personal Information collected may be accessed on the Promoter’s website at www.novaentertainment.com.au/privacy.
49 The Promoter will provide to the entrant, at time of entry into the promotion, a collection statement that details the Personal Information being collected, the purpose of its collection, where the Personal Information will be stored and how it will be shared with third parties. The collection statement will comply with the Promoter’s disclosure obligations under the Privacy Act 1988 (Cth) as amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth). 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 collection statement.
50 By entering this promotion, an entrant also acknowledges that a further primary purpose for collection of the entrant’s Personal Information by the Promoter is to enable the Promoter to use the information to assist the Promoter in improving goods and services and to contact the entrant in the future with direct marketing materials, including information on special offers or to advise the entrant of the Promoter’s other programs, services, events or activities that the Promoter believes the entrant may be interested in, via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future. The Promoter may share information with its Australian related companies, promotional partners and trusted third parties who may contact the entrant with special offers in this way. By registering in the promotion, an entrant acknowledges and agrees that the Promoter may use the entrant’s Personal Information in the manner set out in this condition.
51 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.
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52 Where this promotion is communicated and/or conducted via a social media platform (including, but not limited to, Facebook, Instagram and/or Twitter), entrants acknowledge that use of social media platforms generally is subject to the prevailing terms and conditions of use of the social media platform (including, but not limited to, Facebook, Instagram and/or Twitter). The promotion is in no way sponsored, endorsed or administered by, or associated with, any social media platform (including, but not limited to, Facebook, Instagram and/or Twitter). 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. To the extent permitted by law, the winner and their companion(s) (if any) agree to indemnify, defend and forever hold harmless any and all social media platforms (and their associated agencies and companies) (including, but not limited to, Facebook, Instagram and/or Twitter) 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 companion(s) (if any) in respect of the winner’s and their companion(s)’ (if any) participation in the promotion and any prize. Any questions, comments or complaints about the promotion must be directed to the Promoter and not to any social media platform used in conjunction with this promotion (including, but not limited to, Facebook, Instagram and/or Twitter). Entrants understand that they are providing their information to the Promoter and not to any social media platform (including, but not limited to, Facebook, Instagram and/or Twitter).
53 Where a prize includes an Apple product, entrants acknowledge that Apple is not a participant in or sponsor of 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.
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