Trade Promotion: Game of Chance

Schedule to Terms of Entry

Name of Promotion               Find The Best Agent
Permit numbers*Delete as appropriate. Note that a permit is always required in NSW.*

*If the value of all prizes in a promotion conducted in VIC exceeds $5,000 a VIC permit is required.*

*SA:

  • If the national value of all prizes in a promotion (other than an instant win promotion) conducted in SA exceeds $5,000, a permit is required. You will need to complete an “Application for a Major Trade Promotion Lottery Licence”*
  • A permit is required in SA for any instant win promotions (regardless of the prize value). An ‘instant win promotion’ includes a promotion where a pre-determined numbered caller (other than the first caller) wins a prize (e.g. second caller, tenth caller, etc). You will need to complete an “Application for a Trade Promotion Instant Prize Lottery Licence”. First caller through promotions are considered games of skill in SA and do not require a permit.

 

 

Authorised under:VIC Permit No. 15/731
Station and Station Website*Delete as appropriate* Smoothfm 91.5 (www.smoothfm915.com.au and www.smoothfm.com.au)
Promoter*Select ONE Station to act as Promoter (even where multiple Stations involved)* Smoothfm 91.5 Pty Ltd (ACN 110 000 596) of Level 2, 678 Victoria Street Richmond VIC 3121.For the purposes of this promotion, any reference in the Terms of Entry to the associated agencies and companies of the Promoter or any reference to the Promoter’s promotional partners will be taken to include Find The Best Agent (ABN 90 315 311 316) (Best Agent) of Suite 506 /685 Burke Road, Camberwell, Victoria 3124.
Relevant State/s*Delete as appropriate* VIC
Entry Restrictions*Delete/amend as appropriate* Entrants and their companion must be 18 years of age or over.The Promotor may require entrants and their companion to provide proof of age in a form acceptable to the Promotor. Should an entrant or their companion be unable to satisfy this requirement, the entrant may forfeit the prize (if applicable).

If requested by the Promotor, entrants and their proposed companion must sign an indemnity form (in a form determined by the Promoter in its sole and absolute discretion) in order to be eligible to win and participate in the prize.

Entrants must be able to take the prize on the dates nominated by the Promoter (in its sole and absolute discretion) and by no later than 11 August 2015.

Dates and schedules of the prize are not under the Promotor’s control and are subject to change. The Promotor takes no responsibility for any date or schedule changes.

By entering the Promotion, entrants acknowledge that, in the event that they are the winner, they must have their photograph taken by the Promoter (or a representative of the Promoter or a company associated with this promotion) and that the winner’s name and photograph will be published on findthebestagent.com.au (Promotional Website) in the event that the entrant is a winner.

Promotion Period*This period should be the period when listeners can actually enter the competition. If the competition is pre-promoted, this is not part of the Competition Period* The promotion begins at 7am (AEST) on Monday 13 April 2015.Entries into the promotion close at 4pm (AEST) on Sunday 10 May 2015.
Entry Method*Provide as many details as possible, including entry mechanism (SMS, web, phone line), if there are specific times when people must enter, whether on air announcers will solicit entrants, what details entrants must provide and what element of skill is required from the entrant (e.g. a question entrants must answer in a specified number of words, etc)* Web entry:

  • During the Promotion Period, entrants must visit the Promotional Website and fully complete the online entry form in the manner required, including by providing their full name, residential address, contact number and current and valid email address.
  • All valid entries received during the Promotion Period will be placed into the prize draw, as set out below under Draw Details.

 

Entrants acknowledge and agree that the Promoter is running this promotion on behalf of Best Agent. The Promoter will receive each entrant’s entry (including their personal information) from Best Agent. The Promoter will handle an entrant’s personal information in accordance with the Promoter’s Privacy Policy (available at http://www.novaentertainment.com.au/privacy).

 

Maximum Number of Entries*Delete/amend as appropriate* One (1) entry per person, per day during the Promotion Period.
Draw Details*Complete/delete/add more lines or delete/leave blank as appropriate*

*If there is only one draw, please remove references to minor/major draw*

One (1) draw will be conducted, as follows:If only one prize draw – (delete if more than one prize draw is to be conducted):

Draw: 5pm (AEST) on Monday 11 May 2015 at Level 2, 678 Victoria Street Richmond VIC 3121.

The first valid entry drawn will be awarded the prize. If each daily drawIf there is more than one challenge, or a challenge will be conducted at different times or at different locations, separately list the details of each daily draw in the following format – (delete if not applicable):challenge.

Prize Details*Complete/delete/add more lines as appropriate*

*Provide as many details as possible, including model numbers where appropriate.   If there any restrictions that apply in relation to the prize, these restrictions must be clearly set out (eg if prize is a voucher, include any restrictions on use such as timing etc)*

*If there are only major prizes, please remove references to minor prizes*

The winner will receive one (1) travel prize for the winner and one (1) companion (companion must be aged 18 years or older) to Adelaide for one (1) day, including:

  • two (2) x return economy flights from Melbourne, Victoria to Adelaide, South Australia for the winner and one (1) companion, valued at up to $600 AUD (inc GST) (inclusive of airfare related taxes and charges);
  • transfers for two people, valued at up to $400 AUD (inc GST);
  • lunch for two people in Adelaide, valued at up to $200 AUD (inc GST);
  • one (1) x 2 hour home styling session (to be conducted over lunch), valued at up to $690 AUD (inc GST); and
  • one (1) x A & L Collections voucher, valued at up to $5000 AUD (inc GST).

Additional Terms and Conditions

  • The winner and their companion may be required to sign a legal release or releases in the form determined by the Promotor in its sole discretion prior to participating in the prize.
  • All components of the prize are to be arranged by a representative of the Promotor and/or an agent nominated by the Promotor in its sole discretion, and must be taken on the dates nominated by the Promoter in its sole and absolute discretion.
  • All travel must be completed by Tuesday 11 August 2015 and is subject to availability, which may depend on select seat class with airlines.
  • Redeeming the prize and any tickets or vouchers issued as part of the prize is conditional on acceptance of terms and conditions of each prize component as detailed by the Promotor, any prize providers and the airline carrier in accordance with normal travel practices.
  • The winner and/or their companion may be required to have a valid credit card.
  • Accommodation, spending money, meals, additional activities and 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 winner and his/her companion has incurred.
  • Winner is responsible for any amendment fees issued by airlines or suppliers once booking is confirmed.
  • The Promotor takes no responsibility for loss or injury suffered by a winner as a result of taking the prize. The Promotor recommends the winner and their companion have valid travel insurance for their period of travel.
  • No portion of the prize is redeemable for cash. The prize is not refundable or transferable.
  • All components of the prize must be taken together and when offered or are forfeited. Any element of the prize not taken will be deemed to be forfeited.
  • A prize winner and their companion must travel together and participate in the prize together at all times.
  • The winner and their companion consent to the Promoter conducting a criminal record check prior to their participation in the prize. The Promoter may, in its sole and absolute discretion, refuse the winner and/or their companion’s participation in the prize, if the winner and/or their companion have a criminal record or any criminal charges pending. In these circumstances, the winner and/or their companion will forfeit all claims in relation to the prize.
  • The 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 participating in any way in the prize.
  • If the winner and their companion miss any of the arranged flights, the winner will forfeit the prize (at the Promoter’s absolute and sole discretion);
  • The winner and their companion must adhere to any and all local government laws and regulations, including around the consumption of alcohol and gambling. The Promoter takes no responsibility for any actions taken by local authorities if the winner and/or their companion break any local laws; and
  • Transfers outlined in the Prize Details above are at the absolute and sole discretion of the Promoter. Any additional transfers, including taxis, will need to be covered by the winner and their companion.

 

Total Prize Pool Up to $6,890 AUD (inc GST).
Notification of Winners*Delete/amend as appropriate* Winners will be notified:

  • via email; and
  • via telephone,

by 5.30pm AEST, Monday 11 May 2015

Publication Details*Insert publication details if applicable (i.e. only if competition is subject to permits and any individual prize is valued at over $500 in NSW or over $250 in SA or Vic. Note that in NSW the publication requirement can be satisfied by publishing the winner’s details on the Station Website)* Winner’s name and photograph will be published on the Promotional Website by Friday 15 May 2015.
Prize Claim Date and Time Prize must be claimed by 11 June 2015.
Prize Delivery*Delete/amend as appropriate. If there are minor/daily prizes and major prizes and the delivery methods vary, please set them out separately as shown * The prize will be provided to the prize winner by the Promoter. The Promoter will contact the winner to arrange their prize.


Trade Promotion: Game of Chance

Terms of Entry

  • 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.
  • 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.
  • An entrant who has won prizes to the value of $10,000 or more, in any promotion(s) run by the Promoter (or any related bodies corporate) in the previous six (6) months prior to their entry in this promotion is ineligible to enter this promotion and any entry will be deemed invalid, in the absolute and sole discretion of the Promoter.
  • The promotion will be conducted during the Promotion Period.
  • To enter the promotion, entrants must follow the Entry Method during the Promotion Period.
  • Entries must be received 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.
  • 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.
  • 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 Salmat Digital Pty Ltd (helpline: 1300 131 276).
  • 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.
  • Costs associated with accessing the Station Website and/or the Promotional Website remain an entrants responsibility and may vary depending on Internet Service Provider used.
  • The draw/s (if applicable) will be conducted in accordance with the Draw Details. The prize/s will be awarded to a valid entrant or entrants (as applicable) randomly drawn in accordance with the Prize Details.
  • All entries and materials submitted in connection with this promotion (in any form, including without limitation in hard copy or electronic form), become the property of the Promoter. Each entry must be the entrant’s original work. By entering this promotion entrants:
    • consent to the Promoter using their entries or materials in any manner it sees fit, including 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;
    • 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 or any other third party rights;
    • 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
    • will, at Promoter’s reasonable request and at Promoter’s cost, at all times do all things (including signing all documentation) necessary to give full effect to the requirements of this clause.
  • By entering this promotion, an entrant consents to their voice, name, location and any other information submitted being broadcast on air on the radio and/or published online, and each entrant consents to the content of their entry being broadcast on air on the radio and/or published online.
  • 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).
  • 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 corporate, a partnership, a joint venture, an unincorporated body or association, or any government agency or entity.
  • The prize/s are specified in the Prize Details. The total prize pool is specified in the Total Prize Pool section of the Schedule.
  • 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 dfat.gov.au.
  • 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.
  • 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.

  • 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 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 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) and companies associated with this promotion 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 or any companies associated with this promotion.
  • 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. Entries that, in the Promoter’s judgement, are offensive, defamatory, or otherwise objectionable or inappropriate or that infringe any third party rights will be invalid. The judges decision is final and no correspondence will be entered into.
  • The winner/s will be notified as stated in the Notification of Winners section of the Schedule and their name and state of residence will be published in accordance with the Publication Details. By entering this promotion, each entrant requests that his or her full address not be published.
  • 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 conduct such further draws on the Unclaimed Prize Draw Date as are necessary to distribute the prize/s, subject to any directions given by any relevant authority. If required by law or any relevant authority, the winner/s will have their name and state of residence published in accordance with the Unclaimed Prize Draw Publication Details. 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), subject to the approval of the relevant authorities in the Relevant State/s, if required. If no Unclaimed Prize Draw Date is specified, any unclaimed prize/s will be distributed at the Promoter’s discretion.
  • 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 taking 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 11 or 15 (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 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.
  • 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.
  • 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.
  • 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, subject to the approval of the relevant authorities in each Relevant State. 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).
  • Without limiting paragraph 34, 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.
  • 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, subject to the approval of the relevant authorities in each Relevant State, if required.
  • 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 and subject to the approval of the relevant authorities in each Relevant State, if required.
  • 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.
  • Each entrant must ensure that any other person whose personal details have been provided by the entrant 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 Best Agent, the Promoter and any of its related bodies corporate and to be contacted by Best Agent and/or the Promoter or any of its related bodies corporate in relation to this promotion.
  • Personal Information about an entrant is collected to include the entrant in the promotion and, where appropriate, award prizes. If the Personal Information requested is not provided by an entrant, the entrant cannot enter the promotion and is deemed ineligible. Entrants submit their Personal Information to Best Agent, who will disclose this information to the Promoter. The Promoter will use this Personal Information in order to conduct the promotion, including to contact any entrant and/or winner in relation to this promotion (and for any other purposes as set out in these Terms of Entry and the Promoter’s privacy policy). The Promoter may disclose an entrant’s personal information to its Australian related companies, promotional partners, 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 addresses as stated in the Schedule.
  • All Personal Information disclosed to the Promoter by Best Agent will be stored at the office of the Promoter or by its data storage providers. 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 novaentertainment.com.au/privacy.
  • 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, products, 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. 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.
  • 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.
  • Where this competition 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).
  • 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.