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Terms and Conditions
May 29, 2013
General Competition Entry Rules for Radio 3AW & Magic1278
These General Competition Entry Rules apply to all of the Promoter's competitions. They may be amended or varied from time to time by the Promoter. Special Competition Rules may apply to particular competitions, in which case an addendum to these rules will be made for that competition. Please inquire at the station for any Special Competition Rules for competitions you wish to enter.
1. THE PROMOTER
The "Promoter" means the company that is promoting this competition, which will be either of Radio 3AW Melbourne Pty Ltd, trading as Radio 3AW, ("Radio 3AW") or Radio Magic1278Melbourne Pty Ltd, trading as Radio Magic1278 Melbourne, ("Radio Magic1278 Melbourne"), both of which are members of the Fairfax Media group of companies.
2. WHO MAY ENTER
The competition is not open to:
(a) a person who is an employee, officer, servant or contractor of the Promoter or its related bodies corporate or associates or any of its agencies involved with this competition;
(b) the spouse, de facto spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), of a person referred to in paragraph (a) above; and paragraph (d) and (e) below
(c) a person who has used or attempted to use any more than one name in order to qualify to win any contest run by Radio 3AW or Magic1278;
(d) at the Promoter's discretion, a person who has won a prize/prizes valued either individually or collectively at under $100 from Radio 3AW and/or Magic1278 or in any competition(s) run by Radio 3AW and/or Magic1278 in the prior 30 days from the date of determining the winner(s) of the competition(s);
(e) at the Promoter's discretion, a person who has won a prize/prizes valued either individually or collectively from $100 to $500 from Radio 3AW and/or Magic1278 or in any competition(s) run by Radio 3AW and/or Magic1278 in the prior 60 days from the date of determining the winner(s) of the competition(s);
(f) at the Promoter's discretion, a person who has won a prize/prizes valued either individually or collectively from $500 to $1000 from Radio 3AW and/or Magic1278 or in any competition(s) run by Radio 3AW and/or Magic1278 in the prior 90 days from the date of determining the winner(s) of the competition(s);
(g) at the Promoter's discretion, a person who has won a prize/prizes valued either individually or collectively from $1,000 to $5,000 from Radio 3AW and/or Magic1278 or in any competition(s) run by Radio 3AW and/or Magic1278 in the prior 6 months from the date of determining the winner(s) of the competition(s);
(h) at the Promoter's discretion, a person who has won a prize/prizes valued either individually or collectively at over $5,000 from Radio 3AW and/or Magic1278 or in any competition(s) run by Radio 3AW and/or Magic1278 in the prior 12 months from the date of determining the winner(s) of the competition(s);
(i) a person who is not usually a resident in Victoria; or
(j) a person who refuses to comply with or breaches any terms of these General Competition Entry Rules.
All contestants acknowledge that the Promoter can rely on Clause 2 at any time, even if the Promoter only learns of a person's ineligibility after the Promoter has nominated the person as the winner or awarded the prize. Return of the prize or payment of its value to the Promoter can be required by the Promoter if this occurs.
Notwithstanding anything else in these Rules, the Promoter has absolute discretion in awarding prizes in a competition.
In order to claim a prize in a competition, the winner must:
(i) be eligible to enter under these General Competition Entry Rules and any Special Competition Rules;
(ii) be announced by the Promoter as the winner of that prize on air or any other means determined by the Promoter;
(iii) not be prohibited by any rule of law from using or otherwise enjoying the prize for which he or she has been announced as the winner;
(iv) demonstrate to the Promoter's satisfaction that he or she is the winner of the prize, and if necessary prove that he or she is not prohibited from using or otherwise enjoying the prize (for example, by producing photo-identification, such as a driver's licence or passport, or signing a declaration to that effect); and
(v) comply with any request made by the Promoter under the General Competition Entry Rules or any Special Competition Rules that apply to that competition.
Where the winner of a prize is below the lawful age to use or otherwise enjoy the relevant prize, the Promoter may, in its absolute discretion, award the prize to the winner's lawful parent or guardian or require the parent or guardian to sign an indemnity and consent for the winner to receive or participate in the prize.
Prizes will only be awarded following winner validation and verification.
All prizes must be collected within 30 days of the date the Promoter announces the winner of the competition. If a winner fails to collect or chooses not to accept a prize within this time, that person relinquishes any right or interest in the prize.
All prize items are valued inclusive of GST and the Promoter takes no responsibility for any variation in item values. Any taxes which may be payable as a consequence of a winner receiving the prize are the sole responsibility of that winner.
Prizes are non-transferable and may not be redeemed for cash. If the specified prize becomes unavailable, the Promoter may substitute a prize of like or equal value. Unless otherwise specified, the class of travel for and travel prize incorporating an airfare is economy class.
Winners will be notified on-air or by mail, or by any other contact details provided by the winner.
Prizes are to be collected from the Promoter's reception during business hours only. Winners may organise delivery of their prizes at their cost with a courier company or send a self-addressed stamp envelope. Any loss of prizes by a courier company or Australia Post is not the responsibility of the Promoter. In that event, the Promoter may or may not, in its discretion, replace the prize.
Upon request by the Promoter a copy of the General Competition Entry Rules and/or a signed receipt and acknowledgment must be signed and endorsed by any winner to indicate his/her understanding and acceptance of these terms.
The judges' decision is final and no correspondence will be entered into.
4. EXCLUSION OF LIABILITY
The Promoter takes no responsibility for the loss of prizes due to incorrect or imprecise delivery details provided by an entrant. The Promoter makes no representations or warranties as to the quality/suitability/merchantability of any of the goods/services offered as prizes.
The Promoter shall not be liable for any loss or damage suffered or sustained (including but not limited to consequential loss), including for personal injury or property damage suffered or sustained, as a result of accepting any prize or participation in any competition or prize, except for any liability which cannot be excluded by law.
A person who enters a competition releases from and indemnifies the Promoter from and against all liability, cost, loss or expense arising out of acceptance of any prize or participation in any competition including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission, or otherwise.
A winner (or his or her 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 a selection of another winner.
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.
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 competition 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 competition, then the Promoter reserves the right, at tis sole discretion, to cancel, terminate, modify or suspend this competition.
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 competition or web site;
(c) acting in an unsportsmanlike or disruptive manner; or
(d) if an entrant selected as winner is found to be in breach of any term of these General Competition Entry Rules, 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 of the Promoter.
Participation in the competition constitutes the entrant's unconditional agreement to and acceptance of these General Competition Entry Rules and any Special Competition Rules in relation to a particular competition. These Rules may change from time to time including by extending the time for, varying or terminating any competition.
The Entrant is responsible for insuring his or her familiarity with the General Competition Entry Rules and any Special Competition Rules at the time of participation. The Promoter's decision not to enforce a specific restriction does not constitute a waiver of that restriction or of the General Competition Entry Rules or Special Competition Rules. The Promoter may enforce these Rules in its absolute discretion.
Where the Promoter has Special Competition Rules in relation to a particular contest, then they will prevail to the extent of any inconsistency with these General Competition Entry Rules or Special Competition Rules. The Promoter may enforce these Rules in its absolute discretion.
The General Competition Entry Rules and any Special Competition Rules are to be construed in accordance with the laws of the State of Victoria.
7. OWNERSHIP OF ENTRIES
Competition entries and material submitted in connection with any competition (whether written, audio, electronic or visual form, or a combination of those) or any photographs, video and/or film footage and/or audio recording taken of competitors are assigned to the Promoter upon submission and become the property of the Promoter which may use the material in any medium in any reasonable manner it sees fit. Copyright in any such material remains the sole property of the Promoter.
All such entries and material remain the property of the Promoter (subject to the limits contained in the Privacy Statement).
Each entrant warrants that he or she owns the copyright and any other intellectual property rights in any such material submitted in connection with any competition and has full power and authority to agree to and grant the above assignment, consents and other rights to the Promoter.
8. PRIVACY AND PUBLICITY
(a) refuse to accept an entry which does not contain all or any other of the Personal Information requested by the Promoter; or
(b) record and use the Personal Information for its own marketing, planning, product development, promotional, broadcasting and research purposes, including but not limited to using the winner's name, suburb of residence, likeness and a recording of the winner's voice for advertising and promotional purposes.