Standard Terms and Conditions (AU)

December 9, 2019

The Australian Radio Network General Terms and Conditions as published on the Station Website and available from

the Stations reception on request subject to such variations may be provided for in this Schedule.

AUSTRALIAN RADIO NETWORK

General Terms and Conditions for Promotions & Competitions

The following document covers all promotions and competitions run by this radio station both On-Air & Online.

There are sometimes additional Terms and Conditions applicable to certain competitions, these competition

specific Terms can be found in the link under the relevant competition section contained on this site.

1.

THIS DOCUMENT:

1.1

The following General Terms & Conditions apply to all competitions, giveaways and promotions

(“Promotion/s”) run by this (“Radio Station”).

1.2

In the event that a Competition Terms and Condition Schedule (“Schedule”) has been published in

respect of a Promotion then these General Terms and Conditions are subject to all terms and

variations as are specified in the Schedule for the purposes of that Promotion.

1.3

The “Promoter” is the operating entity of the Radio Station unless otherwise specified in a Schedule

for the Promotion.

1.4

These General Terms and Conditions and the terms and conditions of any applicable Schedule are

collectively referred to as the “Terms and Conditions”.

2.

CONDITIONS OF ENTRY:

2.1

By submitting an entry to a Promotion, the entrant acknowledges and agrees to be bound by the

Terms and Conditions.

3.

WHO MAY ENTER PROMOTIONS:

3.1

Promotions are open to permanent residents in the State or Territory in which details of the

Promotion are broadcast by the Radio Station unless otherwise specified in the Terms and

Conditions.

3.2

Some Promotions will only be open to persons who are 18 years of age or older at the time of

lodging their entry.

3.3

The Promoter may specify health, fitness or other requirements for entry if a Promotion requires any

form of participation on the part of the entrant or other persons. Such requirements will be

determined by the Promoter at its discretion with regard to the health and safety of all participants.

3.4

The Promoter may at its discretion withdraw or exclude any person from the Promotion or

participation in any prize based on that person’s health or medical history.

3.5

Unless otherwise stated in a Schedule for a Promotion, each entrant may only enter a Promotion

once.

3.6

Entries can only be made in an individual’s own name and in their own capacity and no entry can be

made for or on behalf of any other person, venture or organisation.

3.7

Promotions are not open to:

(a)

employees of, or contractors to, the Promoter or any of its agencies involved with the

Promotion;

(b)

the spouse, de facto spouse, parent, natural or adopted child, or sibling (whether natural

or adopted by a parent) of such employees and contractors (whether or not they live in the

same household);

(c)

any person who is discovered to have used or attempted to use any more than one name

in order to qualify to win any Promotion run by the Promoter except in the case of a legal

change of name;

(d)

any person where that person or anyone from the same family or household has won a

prize or prizes from the Promoter on the radio station or on any station owned or

controlled by the Australian Radio Network valued either individually or collectively at more

than $500 in the 30 days prior to the commencement of the Promotion, or $20,000 in

the 6 months prior to the commencement of the Promotion.

3.8

All contestants acknowledge and agree that the Promoter can rely on the Terms and Conditions and

in particular, this Clause 3 even if the Promoter only learns of a person’s ineligibility after the

Promoter has or appears to have awarded the prize to the ineligible person. In those circumstances,

the Promoter can require return of the prize or payment of its value to the Promoter.

4.

ENTRY REQUIREMENTS:

4.1

All entries must be lodged in accordance with the requirements of the Terms and Conditions for the

specific Promotion.

4.2

The Promoter is entitled at its sole discretion to reject or disqualify any entry which it determines to

be incomplete or ineligible or which in the sole opinion of the Promoter contains unlawful,

defamatory, offensive or other material which if published or broadcast would place the business

interests of the Promoter at risk or adversely effect the goodwill, name or reputation of the

Promoter.

4.3

All entries in any form, whether written or delivered by email, telephone, SMS or otherwise are

deemed received only upon actual receipt of a complete and eligible entry by the Promoter. In the

case of online entries by way of website or other communication application, an entry will not be

deemed received unless and until a complete and legible entry is received onto the Promoter

database. The Promoter shall have no responsibility for the failure of any means of communication

whether within the Promoter’s control or otherwise.

4.4

Where entries are made by SMS, the maximum cost of each SMS is 55 cents (including GST).

Participation will only be open to entries submitted from the Participant’s own telephone and where

such telephone allows caller ID, is SMS compatible and is connected via a service provider which

allows the receipt of text and premier messaging.

5.

PRIZES:

5.1

All prizes will be awarded either:

(a)

where a Schedule applies in respect of the Promotion, as provided for in that Schedule; or

(b)

in other cases as is published by the Promoter in respect of the Promotion.

5.2

All prizes must be collected within 3 months of the date of notification of winners as provided for

below. Subject to the regulatory requirements of the individual States or Territories, prizes not

collected within 3 months will be forfeited and will be redistributed into the prize pool of the

associated station and used for alternative contest giveaways. See clause 16 regarding Prize Claim

and Delivery.

5.3

All prize items are valued based on recommended retail pricing inclusive of GST and the Promoter

takes no responsibility for any variation in item values.

5.4

Any taxes which may be payable as a consequence of a winner receiving the prize are the sole

responsibility of that winner.

5.5

Prizes are non-transferable and may not be redeemed for cash.

5.6

All “cash” prizes will be paid by cheque drawn payable to the winner only.

5.7

If the specified prize becomes unavailable due to general unforeseen circumstances, the Promoter

may substitute a prize of like or equal value, subject to state regulations.

5.8

If the specified prize becomes unavailable due to acts of terrorism or acts of god (IE earthquake – or

other natural disaster). The Promoter and its associated promotional partners will not be liable for

replacement of any prize.

5.9

If a prize comprises tickets or attendance at any function or event, the Promoter accepts no

responsibility or liability in respect of the function or event. Should the function or event be

cancelled, postponed or otherwise varied, including but not limited to by the substitution of the

promoted performers, then the Promoter has no responsibility to provide alternate or substitute

tickets or to provide any cash equivalent in substitute for the tickets. The winner will in all respects

be bound by and comply with the terms and conditions applicable to such event or performance

including but not limited to the requirements for responsible service of alcohol and the right of the

Promoter, the organiser of such a function or event or their respective contractors or representatives

the right to refuse the winner and/or any guests of the winner entry or service.

5.10

Where a prize includes backstage or other opportunities to meet performers or celebrities, all such

opportunities are at the discretion of the relevant artist or celebrity and their management and the

Promoter will not be responsible or liable in the event that such meet and greet opportunities do not

take place and no replacement tickets, cash substitute or other compensation will be payable in any

form by the Promoter in these circumstances.

5.11

If a prize includes attending an event where alcohol is served, then a winner and any accompanying

guests must be 18 years of age or over and must carry with them at all times during such event

valid photographic identification and must provide such proof of age for inspection on request.

5.12

If a prize comprises vouchers, then all vouchers will be subject to the terms and conditions of the

provider of the vouchers and the expiry date specified by the provider of the voucher.

5.13

Unless otherwise specified, the class of travel for a travel prize incorporating an airfare is economy

class.

5.14

Any prize comprising accommodation will be for accommodation costs only and does not include

additional charges (such as mini bar, in-room entertainment, dry cleaning, room service or other

additional charges) unless additional room service or other related charges are expressly stated to

be included in the Schedule for the Promotion.

5.15

All prizes awarded are for the benefit of the entrant only unless otherwise specified in a Schedule for

the Promotion and are non-transferable. Prizes must be used within the applicable time frames and

dates specified for the purposes of the Promotion and may be subject to availability and school

holiday or peak season exclusions.

5.16

Where a prizes includes travel, it is the responsibility of the winner to take out appropriate travel and

related insurance at their own cost.

5.17

If a prize includes overseas travel then unless otherwise specified in a Schedule for the Promotion,

the prize will exclude applicable Government taxes and charges. It is the responsibility of the

entrant to ensure they and any accompanying persons hold valid passports and comply with all legal

and regulatory requirements for the travel component of any prize. All travel is at the entrant’s own

risk and the Promoter accepts no liability or responsibility whatsoever in respect of loss or injury

caused during such travel. Failure for any reason to utilise a prize comprising travel within the

specified dates will result in the forfeiture of the prize.

5.18

The Promoter may at its absolute discretion withdraw or exclude any person from the Promotion or

participation in any prize if that person at any time behaves in a manner which in the opinion of the

Promoter or the staff contractors or representatives of the operator of any event comprising a prize

in a Promotion is inappropriate or offensive or is or could be considered antisocial, dangerous or

threatening or which may cause injury to themselves or any other person.

5.19

The decision of the Promoter will be final in determining the winner of each Promotion. This will

include but not be limited to adjudicating on whether answers to quizzes are correct or otherwise

and in the event of a tie or draw in a Promotion determining at its discretion which entrant shall be

declared the winner.

5.20

If the Promoter becomes aware at any time, including after a winner has been announced, that an

entrant has not complied with these Terms and Conditions or other terms and conditions of the

Promotion, the entrant will have no entitlement to any prize and, as required by the Promoter, must

return or repay the full value of any prize received.

6.

PARTICIPATION IN ACTIVITIES AND PRIZES AND INDEMNITY:

6.1

Any entrant or winner participating in any activity for the purposes of the Promotion or in respect of

any prize agrees to fully release and indemnify to the maximum extent permissible by law, the

Promoter and Australian Radio Network and their respective contractors, employees, directors and

officers in respect of any claim for accident, injury, property damage, financial lossor loss of life in

connection with the entrant or winner’s participation in the Promotion or prize.

6.2

The indemnity granted by each entrant and winner to the Promoter and Australian Radio Network

and their respective contractors, employees, directors and officers pursuant to Clause 6.1 includes in

respect of any cost, loss, expense, damage or liability whether direct or indirect or consequential,

(present or future), and any fine or penalty incurred by the entrant or winner.

6.3

In respect of any prize comprising travel or any other activity, the winner expressly acknowledges

that undertaking such travel or activity is at the winners own risk and sole discretion and that the

winner will make their own assessment of the risks and of their own suitability to participate in or to

undertake such activity or travel.

6.4

Each entrant and winner may at the discretion of the Promoter be required to execute a Deed of

Indemnity & Release prior to their participation in a Promotion or prize in a form determined by the

Promoter. The Promoter may deem an entrant ineligible to participate in a Promotion or ineligible to

win a prize if they fail to provide such release or indemnity on request.

6.5

Winner may substitute a proxy to take part on their behalf – full details of proxy will need to be

provided to the promoter prior to activity commencement. Such proxy to provide a release and

indemnity in accordance with clause 6.1 and otherwise to be bound by the Terms and Conditions of

the Promotion.

6.6

Where an entrant or winner is under the age of 18, their parent or guardian will be required to sign

the necessary indemnity and consent forms in order for the entrant to participate in the Promotion

or prize.

7.

PRIZE COLLECTION:

7.1

Prizes must be claimed in person unless the winner is advised otherwise by the Promoter. The

winner will be required to provide photographic identification for the purposes of collecting the prize.

The collection of prizes is the sole responsibility of the winner.

7.2

For cash prizes, photographic identification must be provided in person at least 5 business days in

advance of the intended pick up date to enable cheques to be drawn. Photographic identification will

also be required when collecting the prize.

7.3

Lost cheques will only be reissued within 6 months of their original issue date and only once.

7.4

A copy of the Terms and Conditions and/or a signed receipt and acknowledgement must be signed

and endorsed by any winner to indicate his/her understanding and acceptance of these terms.

7.5

Prizes will only be awarded following winner validation and verification. The determination of the

Promoter or such judges as are nominated by the Promoter are final and no correspondence will be

entered into.

7.6

If a prize is mailed to an entrant by the Promoter the Promoter shall not be responsible for any

replacement or compensation if the prize is lost or is delayed so that for example tickets arrive after

their scheduled event. It is at the sole discretion of the Promoter whether or not to mail any prize.

7.7

If an entrant or winner is not successfully contacted in a telephone call or attempted telephone call

by the Promoter in relation to participation or entry in the Promotion (including where someone who

is not the entrants answers the telephone on the entrant’s behalf), that entrant may be disqualified

and a replacement entrant or winner (whichever is applicable) selected by the Promoter.

7.8

Regardless of whether an entrant or winner is contacted or contact is attempted by the Promoter, if

that winner does not claim their prize by the specified time, the Promoter reserves the right to void

that entry and/or select another winner.

8.

PUBLICITY:

8.1

Each entrant consents to the content of their entry and any telephone entries or other call with the

Promoter being recorded, broadcast and published online by the Promoter without payment.

8.2

If an entrant submits a photograph as part of a Promotion the entrant consents and hereby grants

to the Promoter all rights necessary for the Promoter to edit and publish on its website the

photograph at the Promoter’s discretion and for other publicity purposes associated with the

promotion of the Radio Station. The entrant warrants to the Promoter that all parties shown in the

photograph have provided their consent for the purposes of the Promotion and that the photograph

is in fact a photograph of the entrant where this is a requirement of the Promotion.

8.3

Acceptance of a prize constitutes permission for the Promoter to use winner’s name, suburb of

residence, recording of winner’s voice, photos and likeness and filming for advertising and

promotional purposes by the Promoter for broadcast by radio and for use on line without

compensation, unless otherwise prohibited by law. The winners name will NOT be used or listed in

any other form of media without the explicit and written permission of the winner.

9.

EXCLUSION OF LIABILITY:

9.1

The Promoter takes no responsibility for the loss of prizes due to incorrect or imprecise delivery

details provided by an entrant.

9.2

The Promoter makes no representations or warranties as to the quality, suitability or merchantability

of any goods or services offered as prizes.

9.3

To the extent permitted by law, the Promoter is not liable for any loss suffered or sustained to

personal property and including, but not limited to consequential (including economic) loss by

reason of any act or omission, deliberate or negligent, by the Promoter, or its servants or agents, in

connection with the arrangement for supply, or the supply, of any goods or services by any person

to the prize winner(s) and, where applicable, to any persons accompanying the winners.

9.4

A winner (or his or her guests, parent or guardian as appropriate) may be required to sign and

return any liability release provided by the Promoter and/or its contractors as a condition of the prize

being awarded. Failure to return the signed releases and indemnities will result in the entitlement to

the prize being forfeited and the selection of another winner.

10.

OWNERSHIP OF ENTRIES:

10.1

All entries (whether in written, audio or visual form, or a combination of those) become and remain

the property of the Promoter (subject to the limits contained in the Privacy Statement).

11.

DISQUALIFICATION:

11.1

The Promoter is not responsible for lost, interrupted communications or unavailable network server

or other connections, failed telephone, mid-delivery or computer transmissions or other errors of any

kind, whether human, mechanical or electronic.

11.2

The Promoter assumes no responsibility for any error, defect, delay, theft or unauthorised access to

or alternation of entries. Subject to any written directions given under the applicable law, if for any

reason, the Promotion is not capable of operating as planned, including infection by computer

viruses, tampering, unauthorised intervention, fraud or any other causes beyond the control of the

Promoter which corrupts or affects the administration, security, fairness, or proper conduct of the

Promotion, then the Promoter reserves the right, at its sole discretion, to cancel, terminate, modify

or suspend the Promotion.

11.3

The Promoter reserves the right, in its sole discretion, to disqualify any individual for:

(a)

tampering with the entry process, including exceeding any limitation on the numbers of

entries, or any other process as determined by the Promoter that in any way affects the

fairness of the promotion;

(b)

tampering with the operation of the Promotion or any web site of the Promoter or

associated with the Promotions;

(c)

acting in violation of these Terms and Conditions; or

(d)

acting in an unsportsmanlike or disruptive manner.

11.4

If an entrant selected as winner is found to be in breach of these Terms and Conditions a new

winner may be selected and, in the event that the entrant in breach has been awarded a prize, the

entrant may be required to return the prize or reimburse the value of the prize to the Promoter.

12.

TERMINATION:

12.1

Subject to the regulatory requirements in each State or Territory, the Promoter may at its discretion

vary the Terms and Conditions or terminate, vary the Terms of Conditions for Promotion or

terminate entirely a promotion.

13.

PARTICIPATION:

13.1

Participation in the Promotion constitutes the entrant’s unconditional agreement to and acceptance

of the Terms and Conditions. The Terms and Conditions may change from time to time. The

entrant is responsible for ensuring his or her familiarity with the Terms and Conditions for the

Promotions at the time o

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