The following terms and conditions apply for NXFM’s HIT 3 Competition, to be run between 5.00pm and 6.00pm week days from Friday 7 March 2008 until Friday, 6 March 2009, excluding New South Wales public holidays.

These terms and conditions apply in conjunction with NXFM’s General Contest Rules. Where there is any inconsistency, these terms and conditions will prevail.

Both these terms and conditions and the NXFM General Contest Rules can be collected at the NXFM reception desk at 252 Pacific Highway, Charlestown and can be downloaded from the website at http://www.nxfm.com.au

1. METHOD OF ENTRY
Listeners can enter the competition by completing a competition entry coupon that will appear in the Newcastle Herald each Thursday and submitting the completed coupon either by faxing it to 4947 8713 or by mailing it to 252 Pacific Highway, Charlestown, 2290.
Contestants will have one week from the Thursday the coupon appears in the Newcastle Herald to submit their completed coupon (Entry Window).
NXFM may randomly draw one minor prizewinner on Monday, Tuesday, Wednesday, or Thursday nights between 3.00pm and 5.00pm from entries received by NXFM during the previous Entry Window.
The minor prize winners for that week may then be placed in the draw for the weekly major prize to be drawn on the next Friday night, at the absolute discretion of NXFM.
All decisions of NXFM representatives in relation to this competition will be final and no discussions or correspondence will be entertained. The winning entrants will be announced on air between at the time of winning.
2. DRAW

The winners of minor prizes will be drawn at NXFM, 252 Pacific Hwy, Charlestown, between 3.00pm and 5.00pm on Monday, Tuesday, Wednesday, and Thursday nights (excluding public holidays), if and when the minor prize draws occur, at the absolute discretion of NXFM. The draws will be manual random draws.

The winners of major prizes will be drawn at NXFM, 252 Pacific Hwy, Charlestown, between 3.00pm and 5.00pm on Friday nights (excluding public holidays), if and when the major prize draws occur, at the absolute discretion of NXFM. The draws will be manual random draws.

3. PRIZE(s)
Minor prizes

Each minor prize will comprise one or more CD’s, concert tickets, merchandise packs or movie tickets, to be determined at the sole discretion of the NXFM, and will be valued at up to $100.00.

Major prizes

Each major prize will comprise one or more CD’s, concert tickets, merchandise packs or movie tickets, to be determined at the sole discretion of the NXFM, and will be valued up to $500.00.

Total value of prizes: $26,000.00

The total value of the prize pool will be $26,000. In the event the prize pool is exhausted before 4.00pm on Friday, 6 March 2009, the competition will cease at that time and there will be no more prize draws or prizewinners.

All prizes are non transferable and are not redeemable for cash.

4. INDEMNITY
All contestants release from, and indemnify Radio Newcastle Pty Ltd (ACN 007 914 641) against, all liability, cost, loss or expense arising out of acceptance of any prize(s) or participation in the competition including (but not limited to) loss of income, personal injury and damage to property and whether direct or consequential, foreseeable, due to some negligent act or omission or otherwise.

5. NOTIFICATION
All prizewinners will be notified on air at the time of winning, and by telephone afterwards that their prizes will be available for collection by reception after 10.00am the following working day or that reception will contact them as soon as their prize is available for collection.

6. COPYRIGHT
By entering this competition all entrants:
• consent to Radio Newcastle Pty Ltd making copies of the whole or any part of their entry;
• grant to Radio Newcastle Pty Ltd all present and future copyright and all other rights in their entry in all media (including, without limitation, the internet) and whether in existence now or created in the future; and
• undertake to Radio Newcastle Pty Ltd that their entry is not in breach of any third party intellectual property rights.

8. USE OF PHOTOS etc.

It is a condition of entry that NXFM has the right to publicise the names, characters, likenesses or voices of any contestants for any promotion or matter incidental to the competition.

The winner may also be required by NXFM to participate in a photo, video and/or film session and acknowledges that NXFM has the right to use such publicity photos, videos and/or films in any medium (including, without limitation, the internet) and in any reasonable manner it sees fit, unless that person advises NXFM at the time of entering the competition that he/she wishes to retain his/her anonymity.

Contestants also acknowledge that their photo may be used for a promotional display at the prize provider’s location.

Contestants consent to their entry being read out on air and to their telephone and other conversations with NXFM being broadcast on air.

9. No person may win more than one prize in any one week. In the event that NXFM becomes aware that the same person’s name has been drawn as a winner more than once in the same week NXFM will cause another name to be drawn in their place. In the event that NXFM becomes aware that the same person has been the successful caller through more than once in the same week that caller will be disqualified and another caller may be taken in their place. All decisions and actions of NXFM staff will be exercised according to their absolute discretion. Winners of minor prizes will be required to pick up their prize from the NXFM reception at 252 Pacific Highway, Charlestown.

10. Winners will be responsible for any and all taxes incurred in relation to their receipt of their prize(s).

11. Employees and their immediate families of NXFM and Radio Newcastle Pty Ltd are ineligible to enter. Employees and their immediate families of all associated sponsors and participating companies are also ineligible to enter.

12. If the winner of a major prize is under the age of 18 years, that prize may at the absolute discretion of NXFM be awarded to the winner’s parent or guardian.

13. If in the course of a telephone call the telephone line drops out or breaks up NXFM may proceed to another caller. In such event, NXFM will not be responsible for the awarding of any prize to the caller whose line dropped out or broke up.

14. In the event that a contestant is not successfully contacted in a telephone call or attempted telephone call by NXFM, that contestant will be disqualified and a replacement contestant will be selected by NXFM. In the event that a drawn contestant is successfully contacted and in the course of the telephone call the telephone line drops out or breaks up, that contestant will be disqualified and a replacement contestant will be selected by NXFM. All decisions of NXFM as to whether or not a contestant has been successfully contacted or as to whether or not a line has dropped out or broken up shall be final and no discussion will be entertained.

15. If for any reason this competition is not capable of running as planned (including but not limited to) technical failures, unauthorised intervention, computer virus, mobile phone failure, tampering, fraud or any other causes beyond the control of Austereo which corrupts or affects the administration, security, fairness, integrity or proper conduct of this competition, NXFM reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the competition.

16. NXFM and Radio Newcastle Pty Ltd will not be responsible or liable if for any reason beyond their reasonable control any element of any prize is not provided. NXFM may at its absolute discretion substitute a different prize in place of any prize referred to in these terms and conditions.

17. All winners of all prizes must sign these terms and conditions and the NXFM General Contest Rules both in a form prescribed by Radio Newcastle Pty Ltd in order to receive their prize. In the event that a prizewinner under the age of 18 years is permitted to accept a prize, these terms and conditions and the NXFM General Contest Rules must be signed by their parent or guardian.

18. All winners of the major prizes must execute a Deed of Release and Indemnity in a form prescribed by Radio Newcastle Pty Ltd in order to receive the major prize. In the event that a prizewinner under the age of 18 years, the Deed of Release and Indemnity must be signed by their parent or guardian.

19. NXFM may, subject to State regulations, terminate this competition at any time at its absolute discretion without liability to any contestant or other person.

20. In all matters, all decisions of NXFM staff will be final. Subject to State regulation, no correspondence or discussions will be entertained.

21. Obtaining time off work and/or study or related activities to participate in this competition will be the sole and absolute responsibility of each contestant.

22. NXFM reserves the right to exclude any persons from the competition on the ground of their medical condition or history or any reason whatsoever.

23. The personal information supplied by entrants in entering this competition will be used by NXFM to conduct the contest and to contact entrants if they are a winner. The information may also become part of a database kept by NXFM used to let entrants know about special offers from NXFM and new developments. Please refer to our Privacy Policy for more information as entry in this contest is an agreement to be bound by that policy. Our current Privacy Policy is available at http://www.nxfm.com.au/ or from NXFM reception. All entrants may have their details removed from the database at any time by simply contacting NXFM on 02 49423333. If details are removed prior to the conclusion of the competition and/or award of prize(s), entrants will forfeit their right to claim any prizes. If you do not wish to receive communications from NXFM please check the relevant box on the entry form or advise a NXFM staff member when entering the competition.
7. PROMOTER
The promoter is of Radio Newcastle Pty Ltd trading as NXFM of 252 Pacific Highway, Charlestown.

8. LICENCE NUMBER
Permit No.: LTPS/08/02238/ issued on Wednesday 5 March 2008.