SCA – PROMOTION TERMS & CONDITIONS
SCHEDULE TO CONDITIONS OF ENTRY
Project Number 21999
Promotion Triple M Melbourne – Footy Contest
Promoter Name 3MMM, 257 Clarendon St, South Melbourne, VIC 3205
Website(s) www.triplem.com.au/Melbourne
Promotional Period
Opens 29 June 2015
Closes 28 August 2015
The Promoter may amend the Promotional Period in accordance with state legislative rules. Online Registration Periods and Contesting Periods
Each AFL Round has a separate Registration Period and a Contesting Day for that Round; as stipulated below: AFL Round 15
(registration) 9 July 2015 at 12.00PM to 12 July 2015 at 11.59PM (contesting day): 13 July 2015 between 6.00AM and 9.00AM AFL Round 16
(registration) 17 July 2015 at 12.00PM to 19 July 2015 at 11.59PM (contesting day): 20 July 2015 between 6.00AM and 9.00AM AFL Round 17
(registration) 24 July 2015 at 12.00PM to 26 July 2015 at 11.59PM (contesting day): 27 July 2015 between 6.00AM and 9.00AM AFL Round 18
(registration) 31 July 2015 at 12.00PM to 2 August 2015 at 11.59PM (contesting day): 3 August 2015 between 6.00AM and 9.00AM AFL Round 19
(registration) 7 August 2015 at 12.00PM to 9 August 2015 at 11.59PM (contesting day): 10 August 2015 between 6.00AM and 9.00AM AFL Round 20
(registration) 14 August 2015 at 12.00PM to 16 August 2015 at 11.59PM (contesting day): 17 August 2015 between 6.00AM and 9.00AM AFL Round 21
(registration) 21 August 2015 at 12.00PM to 23 August 2015 at 11.59PM (contesting day): 24 August 2015 between 6.00AM and 9.00AM
Entry
Restrictions The following Entrant restrictions apply:
(a) Entrants must be over the age of 18 years and have proof of identity. (b) Entrants must not be an Excluded Entrant.
(c) Entrants must meet all Verification Requirements.
(d) Entrants must be able to sign and execute documents necessary for the purpose of participating in the Promotion. Other Requirements -
Entrants must be available to attend:
(a) the offices of Triple M Melbourne and participate in marketing and advertising on 28 August 2015 from 6am to the time of the Finalist Event; and
(b) the Finalist Event at the AFL Match Collingwood vs Geelong on 28 August 2015, at the Melbourne Cricket Ground; and (c) the offices of Triple M Melbourne and participate in marketing and advertising, at various times on 25 August, 26 August, 27
Excluded
Entrants Contestants are ineligible to participate in this Promotion if they:
a) Are a Professional and/or; ex/former Professional; and/or semi-professional player(s) of the following sporting codes: AFL / NFL / NRL / Rugby Union / Gaelic Football.
“Professional” means someone who receives monetary consideration for participating in a national league administered sport.
“Semi-Professional” means any football player who has a current contract with a club from the codes listed above and/or all players who are currently playing in any of the following AFL competitions: NAB AFL Draft / AIS-AFL Academy / Regional Development Squad.
b) Have a criminal record in Australia.
b) Are a Director, employees or contractor of the Promoter and those of any agencies, retailers and suppliers directly associated with this Promotion; or an immediate family member of these people.
“Immediate family member” means spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manger, employee, officer or contractor.
The Promoter has complete discretion of all decisions in relation to the eligibility of entrants, and no correspondence will be entered into in this regard.
Verification
Requirements Entrants must satisfy all Verification Requirements when requested by the Promoter, such requirements may include but are not limited to; the following: (a) Completing an SCA Declaration of Eligibility.
(b) Completing an SCA indemnity and release form. (c) Completing an SCA use of image release.
(d) Completing an indemnity of a third party related to the Promotional activities / events. (e) Providing a copy of photo identification (to verify identity).
(f) Providing a signed copy of a current bank statement. (g) Providing a signed copy of these terms and conditions.
(h) Providing any document which the Promoter reasonably requests for the purposes of prize redemption. Any Entrant who refuses to sign any documentation as requested by the Promoter, may be disqualified from the Promotion. Relevant
State(s)
Entries are restricted to residents of Victoria.
Maximum Entries
Only one (1) entry per person by name and by email address, per Registration Round.
Entry Procedure Entry, Registration & Contesting
During an AFL Round, to enter, entrants must:
1. Listen to the station (Triple M Melbourne) to obtain the “code word” as broadcast for that AFL Round.
2. Register their details at the website with the correct code word. For a Valid Registration into the Promotion, entrants must enter the correct code word. Incorrect code words will render a Registration invalid and the registration will not be eligible for entry to the Promotion.
3. In accordance with Draw Details, the Promoter will conduct a draw from all entrants to determine a shortlisted entrant who will be required to participate in a cue to call during the Contesting Period for the respective AFL Round (“Shortlisted Entrant”).
4. During the Contesting Period, the Promoter will broadcast the name of the Shortlisted Entrant who will have 30 minutes, to call the station competition line.
5. If the Short Listed Entrant calls the Promoter within the specified thirty (30) minute time period, the Shortlisted Entrant will be required off air, to answer questions to confirm that they meet all Entry Restrictions and confirm that they are not an Excluded Entrant. Subject to meeting the eligibility criteria, they will be a contestant for that AFL Round (“Contestant”).
6. If a Short Listed Entrant does not call the Promoter within the thirty (30) minute time period following the cue to call or does not meet the eligibility criteria, they will be disqualified and will not be eligible to continue in the Promotion.
7. The Promoter will determine a maximum of one (1) Contestant per AFL Round. The Promoter will determine seven (7) Contestants during the Promotion.
eligible, they will have one (1) entry in the Finalist Draw. Should a Contestant be deemed by the Promoter to be ineligible, the Contestant will be notified that they may not participate further in the Promotion. All decisions of eligibility are at the discretion of the Promoter and no further correspondence will be entered into in this regard, decisions are final.
9. The Finalist Draw will take place at 11.00am (AEST) on Monday 24 August 2015 in accordance with Draw Details. From the maximum of seven (7) Contestants, only one (1) Contestant will be drawn and declared the “Finalist”. The Finalist will obtain entry to the Finalist Event for the opportunity to contest for a Prize.
10. Following the Finalist Draw, the Finalist will be contacted by the Promoter and required to attend the offices of the Promoter at mutually agreeable times in order to participate in media, marketing and publicity activities in relation to the Promotion. 11. The Finalist Event will be held on Friday 28 August 2015 at the AFL Round 22 game Collingwood vs Geelong (night match)
to be held at the Melbourne Cricket Ground. The Finalist Event will take place prior to the commencement of the game. 12. At the Finalist Event the Finalist must read and understand the Rules of Conduct and take instructions from the Promoter
and/or its representatives as required.
13. At the Finalist Event, when instructed by a representative of the Promoter, the Finalist must select at random, one (1) AFL football from one hundred (100) AFL footballs which are all identical. Each of the one hundred (100) AFL footballs will be pre-assigned a dollar value by the adjudicating official. Ninety nine (99) AFL footballs will be secretly assigned the value of ten thousand dollars ($10,000 AUD). One (1) AFL football will be secretly be assigned the value of one million dollars ($1,000,000 AUD). The AFL Football that the Finalist selects will be final, and will determine the value of the prize that the Finalist is eligible to win. For the purposes of integrity of the Promotion, only the Adjudicating Official will be aware of which values are assigned to the Footballs.
14. For the Finalist Event, the Promoter will instruct the Finalist to stand in the “goal square” ready to “mark” the AFL Football. The Promoter will select an appropriate person to kick the AFL Football from a position standing at the 50 meter line mark, standing directly in front of the goal square zone on the regulation size ground. The kick shall be deemed successful if the ball is “caught” or “marked” by the Finalist on the full (or caught and controlled to the ground) as per AFL Rules inside the area marked on the field. The mark zone is the area being a semi-circle from point post to point post. Once the AFL Football has been kicked, from the goal square, the Finalist must Mark the AFL Football to be a Major Prize Winner.
15. A mark is successful if: The Finalist catches or takes control of the football within the marked area and the football has not touched the ground during the period when the football was kicked until it was caught or controlled by the Finalist. If the mark is successful, the Finalist will be awarded with the Major or Minor Prize as stipulated in Prize Details.
16. If the mark is not successful, the Finalist will not be awarded a Major Prize, or a Minor Prize and they will forfeit any claim to the Major Prize, and the Minor Prize. In this circumstance the Finalist is eligible only to redeem a Consolation Prize. 17. All decisions as to whether the mark is deemed to be successful are at the complete discretion of the Promoter, and the
Adjudicating Officials at the event, and no correspondence will be entered into in this regard. 18. There will be a maximum of one (1) Prize awarded to the Finalist (as stipulated in Prize Details). Please note:
The Finalist may be advised of the dollar value assigned to the AFL Football that they selected; either before the kick has been performed and the Finalist has had their opportunity to mark the football, or after the fact. Such is the discretion of the Promoter.
The event and the activity are subject to Rules of Conduct which will be supplied to all Contestants, or by request directed to the Promoter.
If the Finalist successfully marks the football and that football was assigned the value of the Major Prize, the Finalist will win the Major Prize, and has no entitlement to claim a Minor Prize.
If the Finalist successfully marks the football and that football was assigned the value of the Minor Prize, the Finalist will win the Minor Prize, and has no entitlement to claim a Major Prize.
If the kick is deemed inappropriate or unable to be marked by the Finalist, the adjudicating official at the event will announce this and a re-kick will be performed.
The adjudicating officials are independently engaged to facilitate integrity and fairness in the outcome of the Promotion at the Event.
Draw Details 1. Entry Draw
The Promoter will hold a draw of all Entrants to determine a Shortlisted Entrant at 7:15am (AEST) each Contesting Day nominated for the respective AFL Round, at 3MMM of 257 Clarendon St, South Melbourne, VIC 3205. The draw will be an electronic random draw.
2. Finalist Draw
The Promoter will conduct an electronic random draw from up to seven (7) eligible Contestants to determine one (1) Finalist to participate in the the Finalist Event. The Finalist Draw will be conducted at 11.00am (AEST) on 24 August 2015 at 257 Clarendon St, South Melbourne, VIC 3205. The Finalist will be announced between 6:00am and 9:00am (AEST) on 25 August 2015 on air, Triple M Melbourne.
The Major Prize Draw will take place at the “Finalist Event” on Friday 28 August 2015 at the AFL Match in Round 22 at the Match of Collingwood vs Geelong (night match) to be held at the Melbourne Cricket Ground, Brunton Ave, East Melbourne, VIC 3002. The Finalist Event will take place prior to the start of the game.
Location, and the dates and times of the Finalist Event are subject to AFL schedule changes. The Promoter will notify the Contestant of the time of the Finalist Event at a later date.
The Prize Draw will be a manual random draw and a game of skill, all which will be conducted by the Contestant under independent adjudicator official / referee supervision.
Judging Details To determine a Contestant:
Judging Criteria: The Promoter will judge whether or not the Shortlisted Entrant contacted the Promoter within the thirty (30) minutes following the broadcast of the cue to call.
Time: 6:00am to 9:00am (AEST) Date: 9 July to 24 August 2015
Location: Level 1, 257 Clarendon Street, South Melbourne VIC 3205
To determine a Winner:
Judging Criteria: The Promoter and other independent representatives will judge the Finalist’s performance at the Finalist Event.
Time: 5:00pm to 7:20pm (AEST) Date: 28 August 2015
Location: Melbourne Cricket Ground, Brunton Avenue, East Melbourne VIC 3002
Prize Details
Type Prize No. Available Value (incl GST)
Major $1,000,000 (one million dollars)
(A Major Prize winner is not eligible to redeem a Minor or Consolation Prize.)
Up to 1 $1,000,000
Minor $10,000
(A Minor Prize winner is not eligible to redeem a Major or Consolation Prize.)
Up to 1 $10,000
Consolation $10,000
(A Consolation Prize winner is not eligible to redeem a Major or Minor Prize.)
Up to 1 $10,000
Total Prize Pool: $1,000,000 Prize subject to the terms and conditions imposed by the Prize Provider. Prize winners’ details may be provided to a Prize Provider for the purposes of prize fulfilment.
Total Prize Pool Up to $1,000,000.00
Prize
Restrictions Not Transferable. As per Conditions of Entry. The Winner will receive a prize letter from the Promoter being confirmation of their Prize, within twenty-eight (28) working days from the date of the Finalist Event. Winners are hereby notified of the following restrictions:
(i) Major Prize fulfillment may take up to twenty and eight days (28) working days to process;
(ii) Delivery of the Prize is subject to receipt of drivers license and other information and or documents requested by the Promoter; and
(iii) Notification of Winners
Winners will be notified at the time of winning and in writing
Publication Details
Winners details will be published in the Herald Sun newspaper on 23 September 2015, and at the website for 28 days from 23 September 2015.
Additional
Terms DEFINITIONS
intention appears:
“AFL" means Australian Football League.
"AFL Game" means Australian football game and/or match which is conducted by the Australian Football League (AFL) in Australia by weekly Rounds for the Season.
"AFL Football" means a regulation adult sized, Australian Rules football.
"Game" means a single game of AFL Football which is conducted during the Season.
"Mark" means when a person catches an AFL Football which has been kicked without being intercepted by a person or the ground, cleanly.
"Match" means a single game of AFL Football which is conducted during the Season.
"Round" means one of the rounds consisting of Matches conducted during the Season, limited to rounds 1 to 21 for the purposes of this Promotion.
"Season" means the 2015 AFL Premiership 'home and away' season of AFL Football consisting of Rounds. NOMINATION OF A PROXY
By submitting an entry to the Promotion, at the time of entry the Entrant acknowledges that they are fit to participate in the Finalist Event and that there is no pre-existing injury that would render the Entrant unfit to participate.
Should any Entrant sustain an injury after the time of entry which renders them medically unfit to participate in or attend the Event, they will have the opportunity to nominate one (1) Proxy to attend and to participate on their behalf. In order to be eligible to act as a Proxy, an individual must be aged eighteen (18) years or older, and meet the same conditions as the Entrant as outlined in Item 7 and Item 8, and agree to participate on the same terms and conditions as the Entrant.
Any Entrant who chooses to nominate a Proxy must notify the Promoter in writing by no later than 10:00am on Monday 24 August 2015, by submitting the formal documentation which will be supplied by the Promoter on request. Should the Entrant fail to nominate a Proxy by this deadline, the Entrant will forfeit their position.
In the event of any Proxy participation in this Promotion, the same terms and conditions applicable to the Entrant will apply to the Proxy. For this purpose, in these Terms and Conditions and Schedule, where the reference to Finalist and or to an Contestant is present, this is also applicable to Proxy.
On Finalist Event Day, if a Proxy, fails to arrive at the Event by the time as communicated by the Promoter, the Promoter will nominate a Proxy to act in their place. In such circumstances, all decisions as to whom will act as the Proxy are at the complete discretion of the Promoter and no correspondence will be entered into in this regard.
MARKETING AND PUBLICITY
By entering this Promotion, all entrants acknowledge and consent that their name and details may be mentioned on air. All Contestants also consent to the Promoter contacting them and requesting that their entry details be recorded and used on-air for commercials used to promote the competition.
Throughout the Contesting Period the Promoter may also contact entrants to interact with the station on air / online / in social media in relation to the Promotion. This does not form part of the judging process nor does it indicate that the entrant is a Contestant.
By entering this Promotion, all Contestants hereby acknowledge that the Event may be photographed, filmed and/or recorded for the purposes of marketing and publicity, and any such photographs, video footage and/or audio may be used by the Promoter in any form of media at its complete discretion without prior notice. The subject will not be entitled to any fee for such use of any visual or audio footage.
By entering this Promotion, all Contestants acknowledge that any or all material which is submitted by them, or any interviews or subsequent material provided (“the Materials”), may be used for the purposes of marketing and publicity and the Contestant will not be entitled to any fee for such use.
The Contestant agree that Promoter may use, edit and reproduce, and authorise the use, editing and reproduction of the Materials, the entrants agrees that the Promoter has the right to publish and communicate to the public the Materials in any media including, but not limited to, online, at all times without restriction or limitation throughout the world (including all promotional purposes), the entrant agrees that the Promoter has the right to use the entrants name, likeness, biography or other information concerning the entrant in the exploitation of the Materials, that the Promoter owns all rights, title and interest (including copyright) and they expressly assign any rights that they may have in the Materials to the Promoter, the entrant agrees to fully release now and forever the Promoter from and against all actions, suits, claims and demands which the entrant may have against the Promoter arising directly or indirectly in respect of any infringement or violation of any personal and/or property rights of any sort (including without limitation defamation) from the use of the Materials, the entrant unconditionally waives all rights at any time to seek or obtain injunctive relief to prevent or restrict the Promoters use of the Recordings.
MISCELLANEOUS
The Promoter reserves the right to amend the Promotional Period or terminate the competition in its entirety at its absolute discretion, subject to any direction from a regulatory authority.
The exact opening and closing times on each Contesting Day will be determined at the absolute discretion of the Promoter. Any questions, comments, or complaints regarding the Promotion should be directed to the Promoter.
Please note that the Promotion is in no way sponsored, endorsed, administered by, or associated with Facebook. In order to participate in the Finalist Event, the Contestant must read and understand the Rules of Conduct.
warning. In the case of inclement wet weather or unsafe conditions, at the Promoter’s complete discretion the Promoter reserves the right to postpone and/or suspend the Event at any time. The Promoter will not be held liable for any such necessary changes and Contestants will not be compensated in any way.
As part of their entry, all contestants to the Promotion hereby acknowledge that they are in good physical health suitable for the purposes of taking part in the activity, and that they will notify the Promoter of any injuries and/or otherwise that may prevent them from taking part in the Event.
It is a requirement of the Promoter that the Finalist not be under the influence of drugs or alcohol when participating in the Finalist Event. The Finalist may be alcohol/drug tested at the Promoter’s discretion and will not unreasonably withhold consent to participate in such alcohol/drug tests.
In the event that the Finalist is deemed unsuitable to participate by the Promoter and or any medical practitioner, they will forfeit their prize and/or entry to the Promotion.
In the event that the Promoter experiences an unforeseen circumstance any fault during the Finalist Event, and or any activity associated with the Promotion, or there is some failure to reveal a cash prize then the adjudicating official will confirm the winning prize value. If still, no value can be reasonably ascertained by the adjudicating official, the prize will deemed to be the lesser available prize value for the Major Prize Winner. This decision will be final.
Throughout the Promotional Period should any participant not follow the instructions of the Promoter, the Promoter reserves the right to disqualify them. In this instance the Promoter will not provide any consolation or compensation to the participant. All Finalists and other Finalist Event attendees will be required to follow the instructions of the Promoter and their nominated agents and/or promotional partners and suppliers at all times during the Event. Any individuals at the Event who fail to follow the instructions of the Promoter and their nominated agents and/or promotional partners and suppliers may be asked to leave the Event site, and may be disqualified. As a result of such a disqualification, the Promoter reserves the right to select another Finalist at random draw to replace that person.
The Promoter will not be liable for the failure of the talent/celebrity/artist/public figure not being available for whatever reason, and it is at the Promoter’s discretion to substitute the talent/celebrity/artist/public figure for an alternative.
The Promoter may, in its sole discretion, declare any or all entries made by an entrant invalid, and/or prohibit further participation by an entrant in this Promotion or a prize event/activity if the entrant:
(a) disrupts, annoys, abuses, threatens, harasses or attempts to do any of these things to the Promoter, another entrant or potential entrant of, or anyone else associated with, this Promotion; or
(b) engages in conduct in relation to this Promotion which is misleading, deceptive, fraudulent or damaging to the Promoter’s goodwill or reputation.
Should any elements of the prize be changed, moved, cancelled or not available for any unforeseen reason, the Promoter takes no responsibility and the Prize Winners and their companions will not be compensated.
Conditions of Entry
1. The Promoter is (jointly and severally where applicable) Southern Cross Austereo Pty Ltd (ABN 78 109 243 110) (together with each of its Related Bodies Corporate which holds a commercial radio broadcasting licence for a station listed. Related Bodies Corporate has the meaning given to it under the Corporations Act 2001 (Cth)).
2. Instructions and information on how to enter form part of these Conditions of Entry. Participation in this Promotion constitutes acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise. All decisions and actions of the Promoter relating to the Promotion or redemption of the prizes are exercised accordingly at its absolute discretion and are final. No discussions or correspondence with entrants or any other person will be entered into.
3. The Promoter may (subject to State Regulations) vary the terms of, or terminate, this Promotion at any time at its absolute discretion without liability to any entrant, contestant or other person. The Promoter will not award the prize if the Promotion is terminated for whatever reason. If the Promotion is not capable of being conducted due to circumstances beyond the Promoter’s control, including due to any technical or communications problems, the Promoter reserves the right to amend, suspend or cancel the Promotion subject to approval from any relevant authority.
4. Promotional Period: The Promotion will be conducted during the Promotion Period.
5. Entry Restrictions: Eligibility to enter the Promotion is subject to the Entry Restrictions.
6. Ineligibility: Should an entrant be deemed by the Promoter to be ineligible, the entrant may not participate further in the Promotion. All decisions are at the discretion of the Promoter and no correspondence will be entered into in this regard. Unless otherwise stipulated in the Schedule, the following persons are automatically ineligible to enter: (a) Directors, management, employees and contractors of the Promoter
and those of any agencies, retailers and suppliers directly associated with this Promotion and the immediate family members of these people. “Immediate family member” means spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manager, employee, officer or contractor; or
(b) A person who has won prizes to the value of $10,000 or more, in any competition(s) run by the Promoter in the previous six (6) months prior to their Entry in this Competition.
7. Entry Procedure: To enter the Promotion, entrants must complete the Entry Procedure and comply with all other applicable requirements during the Promotion Period. Entries must be received by the Promoter and will be deemed to have been received at the time of receipt by the Promoter. Online, SMS and other electronic entries are deemed to have been received at the time of receipt into the Promotion database and not at the time of transmission by the entrant. Ineligible or late entries will be deemed to be invalid. No responsibility is accepted by the Promoter for late, lost, misdirected, ineligible or illegible / inaudible entries (including lost, stolen, forged, defaced or damaged proof of Entry or things required by the Verification Requirements).
8. Contesting Period: Throughout any Contesting Period the Promoter may contact entrants to interact with the station on air, online, or on a social media platform, in relation to the Promotion. This does not form part of any judging process nor does it indicate that the entrant is a contestant, finalist, or a winner. During a Contesting Period, there may be separate Contesting Days, or Segments as stipulated, broadcast, or published.
9. Submitting an Entry: By submitting an Entry to the Promotion, the entrant hereby assigns all rights (including present and future copyright) in the entry content to the Promoter and consents to the Promoter using the entry content in any manner the Promoter wishes (including modifying, adapting, copying, publishing, broadcasting or communicating the Entry, whether in original or modified form, in whole or in part or not at all), by way of all media, without payment to the entrant (of royalties, compensation or otherwise). Entries and the content contained in those entries become the property of the Promoter. Once submitted, no changes to or withdrawal of an Entry will be permitted. Entries will not be returned by the Promoter.
10. Maximum Entries: Entrants can enter the Promotion up to the Maximum Number of Entries. Unless stated otherwise, an entrant can only win once during the Promotional Period. Entries must be submitted separately and each Entry must individually meet the Entry Requirements and be subject to the Entry Restrictions. Automated and computer generated entries will not be accepted.
11. Cue to Call Entry: When the game involves a “cue to call” the station will broadcast the game on air for entrants to call the station competition line as instructed by the broadcast. These terms and conditions will apply and will be available to view at the Website, or by request in writing to the station. Chance plays no part in determining a caller, an entrant, a contestant or a winner for a cue to call, unless otherwise specified in the Entry Conditions. The maximum cost of a standard telephone call to the Station Competition Line is 55 cents (inc GST), whether calls are made the Promotion Period or not. Higher rates may apply for calls made from mobile or public phones.
12. SMS Entry: The maximum cost of each SMS is 55 cents (inc GST), whether sent during the Promotion Period or not. Entrants must have a compatible mobile phone with a service provider that permits text messaging to the Promotion SMS number. Entrants may need to consult their service provider to enter the Promotion. SMS entries must be submitted from the entrant’s mobile phone.
13. Database Member – Restricted Entry: The Promoter may specify in the Entry Conditions that edibility of the Promotion is limited to persons registered on a specific membership database managed and owned by the Promoter. Registration to any database listed is free and registration is online at the Promoters website. The entrant must be a currently registered member of the database at the time of entry and at the time of any prize redemption. The Promoter or its representatives may conduct verification checks of the entrant or winner to determine registration of that membership database to ensure bona fides. In the event that the entrants details do not accord with the details of their registration the Promoter may, at their complete discretion, deem that entrant to be ineligible to enter or to win or to redeem a prize in the Promotion. 14. Interaction with Entrants: If in the course of a telephone call related to
participation or Entry in the Promotion, the telephone line drops out or breaks up the Promoter may proceed to another caller. In such event, the Promoter will not be responsible for the awarding of any prize to the caller whose line dropped out or disconnected for whatever reason. 15. Games of Skill: If the Promotion game only involves skill, all valid
entries will be judged by the Judge(s) based upon the Judging Details. Chance plays no part in determining that element of the outcome. 16. Games of Chance: If the Promotion game involves an element of
chance state permits may be required. The game will be conducted in accordance with the Draw Details. If a Prize is awarded by draw, the prize draw(s) will be conducted in accordance with the Draw Details. The first valid Entry randomly drawn will win a Prize. If a winning Entry is invalid, that Entry will be disregarded and the prize will be awarded by drawing the next valid Entry in accordance with these Conditions of Entry. SA electronic draw approval No. E92/2004.
17. Entry Publicity: By agreeing to enter the Promotion, all entrants consent to their Entry broadcast on air or to their telephone and other conversations with the Promoter being broadcast on air and communicated to the public via any medium. Entrants will not be compensated for this use. It is a condition of Entry that the Promoter has the right to publicise, broadcast and communicate to the public the names, characters, likenesses or voices of entrants for any promotion or matter incidental to the Promotion.
18. Contact: If an entrant or winner is not successfully contacted in a telephone call or attempted telephone call by the Promoter related to participation or Entry in the Promotion (including where a third party answers the telephone on the contestant or winner’s behalf) that entrant will be disqualified and a replacement contestant or winner (whichever is applicable) will be selected by the Promoter.
19. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, communication network, computer equipment, software, technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including any error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise preventing entrants from successfully submitting an Entry, any injury or damage to entries or to participants’ or any other person's computer related to or resulting from participation in or downloading any materials in this Promotion.
20. Invalid Entries: The Promoter may, in its sole discretion, declare any or all entries invalid, or prohibit further participation by an entrant in this Promotion or a prize event or activity if the entrant:
(a) Disrupts, annoys, abuses, threatens, harasses or attempts to do any of these things to the Promoter, another entrant or potential entrant of, or anyone else associated with, this Promotion; or (b) Engages in conduct in relation to this Promotion which is
misleading, deceptive, fraudulent or damaging to the Promoter’s goodwill or reputation; or
21. Where an Entry is deemed invalid (at the Promoter’s absolute discretion) prior to fulfilling any prize fulfilment or claim, the Promoter may determine a new winner in accordance with any stated Unclaimed Prize Arrangements. Prizes unclaimed after a period of six (6) weeks will be forfeited subject to State regulations.
22. Verification Checks: The Promoter or its representatives may conduct security or verification checks (including enforcement verification requirements) in their absolute discretion to determine the bona fides of an entrant’s eligibility to enter the Promotion or to win a prize.
23. Entry Content: If Entry to the Promotion requires the entrant to submit content, entrants are required to take full responsibility for the content of their Entry and for ensuring that their Entry complies with the Conditions of Entry. For the purposes of these content requirements, “Entry Content” includes any content (including text, photos, videos, text, and email messages) that entrants submit, upload, transmit, publish, communicate or use in connection with their Entry into the Promotion. Entry Content must be the entrant’s original work. The Promoter reserves the right to verify, or to require the entrant to verify, that the Entry is the entrant’s original work. If an Entry Content cannot be verified to the Promoter’s satisfaction, the Entry will be deemed invalid. The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any part of Entry Content.
24. Entry Content must not include:
(a) Any image, video, recording or other kind of depiction of any other person without that person’s express consent. If a person is a minor, the express consent of the minor’s parent or guardian must be obtained before being included in any Entry Content. Entrants warrant that if any such content is included, they have obtained the express consent of the relevant person; and;
(b) Any content that contravenes any law, infringes the rights of any person or is obscene, offensive, potentially defamatory, discriminatory, indecent or otherwise objectionable or inappropriate (which includes, without limitation, any content involving nudity, malice, excessive violence or swearing); and
(c) Any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists, unless the entrant is entitled to do so. If an entrant has any doubts about whether they have the right to include any content (for example, recorded music) they must not include it. By including any such content in their Entry, the entrant warrants that they have the permission of the relevant copyright owner to do so and that this permission allows the Promoter to use the Entry in accordance with the Conditions of Entry.
25. By entering this Promotion, the entrant: (a) consents to any dealings with the entry content that may otherwise infringe their moral rights in the Entry; (b) agrees not to assert any moral rights (wherever and whenever such rights are recognised) in respect of their Entry or publicity materials containing any part of their entry, against the Promoter, its assigns, licensees and successors in title; and (c) undertakes to the Promoter that their Entry is not in breach of any third party intellectual property rights. 26. Publicity: Entrants may be required by the Promoter to participate in
photo, recording, video or film session(s), and acknowledge that they assign the right to use such publicity materials in any medium (including, without limitation, the internet) and in any reasonable manner it sees fit. 27. Prize Details: All Prize(s) will be awarded as specified in to the Prize
Details. If a Prize is unavailable for any reason, the Promoter, at its discretion, may substitute it for another item of equal or higher value. The Prize(s) are subject to any prize restrictions specified in the Schedule subject to the Relevant State Authorities that have granted the licence. All Prizes or parts of the Prize(s) are subject to availability, non-transferable and non-exchangeable, must be used on any dates specified in these terms and conditions or as stipulated by the prize provider and are not redeemable for cash unless cash is specified. The Promoter will not be responsible or liable if for any reason beyond their reasonable control any element of any prize is not provided. The Promoter will not be liable for any damage to or delay in transit of prizes, or for any compensation in relation to those prizes.
28. Prize Values: The Total Prize Pool is specified in the Schedule. All Prize values stated are the recommended retail value as provided by the supplier, are in Australian dollars and include GST (unless otherwise stipulated) and are correct at the time of preparation of these Conditions of Entry. The Promoter accepts no responsibility for any tax implications that may arise from winning of the prizes. Independent financial advice should be sought. The Promoter takes no responsibility for variations in the prize value. References to values which are “MBC” or “Money Can’t Buy” refer to a prize which no value or consumer price is attributed. 29. Vouchers: All vouchers awarded are valid until the voucher expiry date
specified on the voucher or by the provider, and are subject to any terms and conditions imposed by the provider. The Promoter is not liable for any voucher that has been lost, stolen, forged, damaged or tampered with in any way once awarded.
30. Meet & Greet: Unless expressly stated otherwise, a Prize involves a “meet and greet” element with a celebrity/artist/public figure this is subject to the availability of that third party and will be at the discretion of the figure’s management and will at all times be subject to the availability. The Promoter will not be liable for the failure of the winner and any accompanying guests to meet the figure for whatever reason, and no cash or alternative tickets will be awarded in lieu of that element of the prize.
31. Alcohol: Should the Prize include an event at which alcohol will be served, participants must be aged 18 years or over. Minors are not permitted to attend the Event. All prize winners and their guests must carry valid photo identification with them at all times during the Event. If alcohol is made available as part of the prize at the Event, then this will be provided subject to the principles of responsible service of alcohol as exercised by the staff and management of the premises at which the Event takes place. The premises staff and management reserve the right to refuse service of alcohol to any prize winner or their accompanying guest should they be deemed to be intoxicated.
32. Travel: Unless expressly stated otherwise, if a Prize involves travel, no other costs will be included and all expenses (including, but not limited to, the costs of transport to and from a prize venue and meals), other than those specifically referred to, will be at each winner’s and (if applicable) their accompanying guest’s cost. Accommodation is for room charges only. The Promoter will not be liable for the failure of the winner and any accompanying guests to meet travel schedules or cancellations for whatever reason and regardless as to fault, and no cash or alternative tickets or bookings will be awarded in lieu of that element of the prize. No travel insurance is included in any travel prize.
33. Tickets: Unless expressly stated otherwise, if a Prize involves tickets to an event, the Promoter will not be responsible for any changes in times or dates, or cancellations or rescheduling of events that may prevent the prize winner from redeeming the prize or any part of it; and no cash or alternative tickets will be awarded in lieu of that element of the prize. All tickets are only valid for the date or period specified on the tickets or by the provider, and are subject to any terms and conditions imposed by the provider. Once awarded, the Promoter is not liable for any ticket that has been lost, stolen, forged, damaged or tampered with in any way. 34. Cash: The fulfilment of cash prizes is yet to be determined by the Prize
Provider. Cash prizes may be awarded in the form of a cheque, or; by an EFT transfer to the winner’s nominated bank account. Cash transfers or cheques may take up to thirty (30) working days to process prior to being ready for collection or postage, from the date the Prize Provider contacts the Winner to confirm their details. Winners will be notified once cheques are ready for collection, should that be the method of prize fulfilment. 35. If prize winner, recipient, or participant under 18 years of age:
Entrants under the age of 18 years must have parent or guardian consent to register and enter the Promotion. If the Prize winner, or recipient or participant in a challenge or activity conducted in connection with this Promotion is under 18 years of age, a parent or legal guardian of that person must be present for the duration of that event, as one of the participants.
36. Claiming Prizes: The Promoter reserves the right to request winners to provide proof of identity, proof of residency and proof of Entry validity (for example, a phone bill or store receipt for purchase requirement) in order to claim a prize. Proof of identity, residency or Entry validity considered suitable for verification is at the Promoter’s discretion. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered. If a prize winner does not redeem any element of a prize then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that prize or any part of it.
37. Notification & Publishing of Winners: Winners will be notified in accordance with the Notification and Publication Details. Winners’ names and State or Territory of residence may be published as specified in the Schedule. The Promoter and the companies and agencies associated with this Promotion may also publish the name and State or Territory of the winners on the Website(s).
39. Liability: The Promoter and its agencies and representatives associated with this Promotion will not be liable for any loss (including but not limited to indirect or consequential loss), damage or personal injury which is suffered or sustained (including without limitation to that caused by any person’s negligence) relating to this Promotion or the awarding or taking of the prizes except for any liability which cannot be excluded by law (in which case liability is limited to the minimum amount allowable by law). 40. Australian Consumer Law: A winner has rights under the Australian
Consumer Law and other similar legislation which cannot be excluded, restricted or modified by the Promoter. These rights include a statutory guarantee that any services provided by the Promoter will be rendered with due care and skill and that any goods will be of acceptable quality. These Conditions of Entry do not exclude, restrict or modify those statutory rights in any way. However, to the extent it is permitted by law to do so, the Promoter makes no representations or warranties, express or implied, other than the Australian Consumer Law, regarding the quality and suitability of the prize awarded under these Conditions of Entry and will not be responsible for breach of any such implied terms.
41. Facebook: Entrants release Facebook and its associated companies from all liability arising in respect of the Promotion and acknowledge that: (a) the Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook; (b) any information provided by the entrant in connection with the Promotion is provided to the Promoter and not to Facebook; and (c) any questions, comments or complaints regarding the Promotion will be directed to the Promoter, not to Facebook.
42. Privacy Law: Personal Information is any information or opinion about an identified individual, or an individual that is reasonably identifiable. Personal Information may include a person’s name, address, email address or phone number(s). The Promoter is bound by the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). The Promoter’s privacy policy can be viewed at www.southerncrossaustereo.com.au. It contains information about how entrants can complain about a privacy breach and how the Promoter will deal with such a complaint, and how entrants can seek access to the personal information the Promoter holds about them and seek the correction of such information.
43. By entering the Promotion, the entrant agrees to the Promoter collecting, storing and using their Personal Information (including through its contractors or agents) for the purposes of (a) administering the Promotion and (b) marketing and publicity. By entering the Promotion, the entrant consents to the storage of their personal information on the Promoter’s database, and the Promoter contacting them by electronic messaging (including email and SMS) for marketing purposes, including notifications about future promotions and special offers regarding the Promoter’s products and services.
