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GENERAL CONTEST RULES
These General Contest Rules apply to all NXFM contests which
are not covered by Terms and Conditions specific to that
competition or activity. Special Terms & Conditions
may apply to particular contests in which case an addendum
to these General Contest Rules will be made for that contest.
These General Contest Rules may be amended or replaced from
time to time; entrants should enquire at NXFM (or on the
NXFM website at www.nxfm.com.au) for the current version,
or for any special Terms and Conditions for contests you
wish to enter. ENTRY
1. Unless otherwise specified in special contest Terms and
Conditions, no person may win any specific contest more
than once (in that promotion’s period).
2. Entry is open to residents of New South Wales only, who
comply with the entry restrictions as specified by NXFM.
Directors, agents, management, employees and other staff
(and their immediate family) of the Promoter or of its related
bodies corporate, or of the agencies or companies associated
with this competition or of any Australian Commercial Radio
broadcasters are ineligible to enter.
3. Winners under the age of 18 must be accompanied by a
parent/guardian when collecting their prize. Both the winner
and the parent/guardian must sign this agreement and show
identification which includes a photograph.
4. Entries must be received by NXFM during the specified
Competition Period. Entrants may submit up to the maximum
number of entries specified by the Promoter. In the specific
situation where/if multiple entries are allowed, each entry
must be submitted separately.
5. Contest entries and material submitted in association
with any contest (whether in written, print, 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 become the property of NXFM which may use the
material in any medium (including, but not limited to; the
internet) and in any reasonable manner it sees fit. Copyright
in any such material becomes and remains the sole property
of NXFM.
6. 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, deletion, tampering,
theft, destruction, transmission interruption, communications
failure or otherwise. NXFM has no control over communications
networks or services and accepts no responsibility for any
problems or issues arising from them. NXFM is not liable
for any consequences of user or network error including
costs incurred.
7. Entries via SMS or e-mail are considered received at
the time of receipt into NXFM’s database, not at the
time of transmission by the entrant.
8. SMS entries are charged at 55 cents each and entries
must be submitted by the entrant’s mobile phone. SMS
entries are only open to those with an SMS compatible mobile
phone connected to a service provider which permits text
and premium messaging to and from the promotional SMS number.
ELIGIBILITY
9. A person is ineligible to enter and/or win a contest
if:
• They are an employee or a member of the immediate
family of an employee of Radio Newcastle Pty Ltd and/or
Austereo Pty Ltd and/or Macquarie Southern Cross Media Pty
Ltd and/or a sponsor or advertising agency or affiliate
associated with the contest
• They have won a prize valued at $200 or more from
NXFM or in any NXFM contest in the 60 days prior to entering
that contest
• They have won a prize valued at $1000 or more from
NXFM or in any NXFM contest in the 120 days prior to entering
the contest
• They have won a prize valued at $4000 or more from
NXFM or in any NXFM contest in the 240 days prior to entering
that contest
• They have won a prize valued at $10,000 or more
from NXFM or in any NXFM contest in the 365 days prior to
entering the contest
• They are discovered to have used, or attempted to
use more than one name in order to qualify to win prizes
from NXFM
10. All contestants acknowledge that NXFM may still rely
on Rule 9 even if NXFM only learns of a person’s ineligibility
after NXFM has appeared to award the prize to the ineligible
person. Return of the prize or payment of it’s value
to NXFM can be required by NXFM if this occurs.
11. If in the course of a contest;
• A telephone line breaks up or drops out or
• There is a dispute arising out of the use of telephone
lines in a contest (including situations where multiple
telephone lines are used) or
• Two telephone lines are crossed during a phone-in
contest
NXFM in its absolute discretion:
• May disqualify the relevant caller or callers
• Will not be responsible for awarding a prize to
the relevant caller/s and
• May award the prize to another person according
to its absolute discretion
In all such events, all decisions of NXFM will be final
and no discussion or correspondence will be entertained.
COMPETITION
12. The competition will be conducted during the Competition
Period and will follow the entry method as specified by
NXFM, and to enter the competition, entrants agree that
to be eligible, they must follow the entry method as specified
by NXFM, during the Competition Period.
13. The competition will be drawn and/or decided at the
time, on the date/s and at the location/s as specified by
NXFM. The prize/s will be awarded to a valid entrant/s (as
applicable) who are randomly drawn or are deemed/judged
to have submitted the “best” entry, as determined
by the judges, in accordance with the details specified
by NXFM regarding how the prize/s will be awarded.
14. If the competition entered is a game of skill, chance
plays no part in determining the winner/s and each valid
entry will be judged (by representatives of NXFM) based
on the judging criteria as specified by NXFM. Each entry
must be the entrant’s original work and the entrant
must undertake to the Promoter that their entry is original,
and by its use, NXFM will not be in breach of any third
party intellectual property rights. Entries that are deemed
inappropriate (ie bad taste), offensive, defamatory or otherwise
objectionable, or in breach of third party intellectual
property rights will be deemed invalid. PRIZES
15. All prizes must be collected within 3-months from the
date of winning. After that time, unclaimed prizes will
be dealt with according to legislative requirements. NXFM
will not notify winners of time remaining. It is the sole
responsibility of winners to collect their prize.
16. Prizes must be claimed in person unless winner is otherwise
specifically advised. Identification which includes a photograph
will be required (examples include drivers licence, passport,
student card where a photo is included). Where NXFM elects
to post a prize to a winner, no responsibility will be accepted
by NXFM for the safe and effective postal delivery of the
prize.
17. In special situations, and subject to the absolute discretion
of NXFM, a winner may nominate a designated representative
to collect a prize. The representative will be required
to present written authorisation from the winner and identification
which includes a photograph for both the winner and their
representative.
18. In the event that a winner chooses not to accept a prize,
they forfeit any and all claims to that prize, which will
be dealt with according to the absolute discretion of NXFM
subject to legislative requirements, and no replacement
prize will be offered.
19. A copy of these General Contest Rules must be signed
and endorsed by any winner upon request by NXFM to collect/redeem
their prize.
20. All winners of all prizes must sign these General Contest
Rules and any special NXFM contest Terms and Conditions
both in a form prescribed by Radio Newcastle Pty Ltd and
Austereo Pty Ltd in order to receive their prize. If a winner
is under the age of 18, their parent/guardian may, at the
absolute discretion of NXFM, be required to sign these documents.
21. The winner/s of major prize/s, or prizes containing
elements of travel, may at the absolute discretion of NXFM
be required to execute a Deed of Release and Indemnity form
in a form prescribed by Radio Newcastle Pty Ltd and Austereo
Pty Ltd in order to receive the major prize. If a winner
is under the age of 18, their parent/guardian may, at the
absolute discretion of NXFM, be required to sign the Deed
of Release and Indemnity.
22. Prizes are non-transferable, must (where applicable)
be used on the dates specified and are not redeemable for
cash.
23. All prizes are accepted entirely at the risk of the
winner and NXFM excludes all warranties in connection with
any prize to the extent permitted by law.
24. NXFM, its agencies, affiliates, sponsors and representatives
are not responsible for defective prizes or misuse of any
prize, or for any claims, liability, loss or damage arising
out of or in connection with any contest promoted by NXFM.
25. If a specified prize becomes unavailable, NXFM may substitute
a replacement prize at its absolute discretion.
26. Unless otherwise specified, the class of travel for
any travel prize incorporating an airfare is economy class.
27. Where a prize involves the winner attending an event,
or meeting and/or attending a function with a celebrity
or other public figure (or where the celebrity or public
figure is going to be present), NXFM will not be liable
if any part of the event is abandoned, varied or delayed
for any reason, or for the failure of the winner to meet
that person or failure of that person to attend the function
for whatever reason. NXFM will not provide a substitute
prize or cash in lieu of this occurrence.
28. If the prize is a voucher, all vouchers are valid until
the expiry date as nominated on the voucher. Redemption
of the voucher is subject to the terms of service of the
voucher provider and may not be varied. Vouchers cannot
be redeemed for cash or for other vouchers.
29. If the prize includes tickets, all tickets are valid
for the date or period as indicated on the tickets, and
are subject to the terms of service of the ticket provider.
NXFM will not replace lost tickets.
30. NXFM encourages consumers to enjoy alcohol responsibly.
Legal aged consumers are advised to adhere to the safe drinking
levels recommended in the National Health and Medical Research
Council Australian Alcohol Guidelines.
31. NXFM may in its absolute discretion declare an entrant
invalid or prevent an entrant’s participation in promotional
activity, cancel a prize or otherwise desist from providing
benefit to a winner and companion/s if the winner, in the
opinion of NXFM staff, is under the influence of alcohol
or drugs, behaves aggressively or offensively or behaves
in an anti-social manner in a way that may diminish the
good name of Radio Newcastle Pty Ltd and all associated
sponsors, or if their behaviour is against the law, or considered
to be otherwise inappropriate.
32. If due to any reason whatsoever, NXFM becomes aware
after an entrant has won a prize that the entrant has not
complied with these terms (or special Terms and Conditions),
that entrant will have no entitlement to the prize, even
if NXFM has announced them as a winner and that entrant
will be required, at the direction of NXFM to return, refund
or otherwise make restitution of the prize. RELEASE
33. All contestants release from, and indemnify Radio Newcastle
Pty Ltd (CAN 000 225 525) and Austereo Pty Ltd (CAN 007
914 641) against all liability, cost, loss or expense arising
out of acceptance of any prize(s) or participation in any
contest including (but not limited to) personal injury and
damage to property and whether direct or consequential,
foreseeable, due to some negligent act or omission or otherwise.
34. Competitors may be required by NXFM to participate in
a photo, video and/or film session and acknowledge that
NXFM has the right to use such publicity photos/vision,
video and/or film footage in any medium (inclusive of, but
not limited to the internet) and in any reasonable manner
it sees fit, unless that person advises NXFM at the time
of entering the relevant contest that he/she wishes to retain
his/her anonymity.
35. NXFM may publicise, broadcast or otherwise disclose
a competitor’s name, photo, character, likeness, statements
or any recording of their voice in advertising or promotional
activities concerning a specific contest, or NXFM contests
generally. NXFM may promote or advertise that a winner has
won a contest.
36. Winners are responsible for any and all taxes payable
as a result of a prize being awarded, accepted or received.
37. NXFM may incorporate information from entrants in any
contest/s in any database to be used for the purpose of
its business.
38. Entrants acknowledge that there may be inherent risk/s
associated with some aspects of the competition, promotion
or the prize and that participation in the competition/activity
and/or using the prize may involve in participating in dangerous
activities. By entering the activity, participants acknowledge
that they accept that risk. GENERAL
39. Where NXFM has special contest Terms and Conditions
in relation to a particular contest, then they will prevail
to the extent of any inconsistency between those special
contest Terms and Conditions and these General Contest Rules.
40. Persons under the age of 18 years are ineligible to
enter any contest where the prize consists of a vehicle
or alcohol, or a voucher for alcohol of where the special
contest Terms and Conditions otherwise provide.
41. A failure by NXFM to enforce any of these General Contest
Rules in any instance/s will not give rise to any claim
by any person at the time or later date.
42. NXFM may terminate any contest at any time at its absolute
discretion. In the event of such termination, NXFM may at
its absolute discretion elect not to award any prize in
respect of the terminated contest.
43. Special restrictions or qualifications may apply to
particular contests, in which case an addendum to these
General Contest Rules will be made.
44. These General Contest Rules may be changed at any time
by NXFM.
45. NXFM may, at its discretion require any person taking
any prize to be 18 years of age or over, of if a person
is under the age of 18, require that person be accompanied
by a parent or guardian to redeem their prize. PROMOTER
The promoter is Radio Newcastle Pty Ltd trading as NXFM
of 252 Pacific Highway, Charlestown.
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