NZME. RADIO LTD GENERAL CONDITIONS OF ENTRY AND COMPETITION RULES

Transcription

1 NZME. RADIO LTD GENERAL CONDITIONS OF ENTRY AND COMPETITION RULES Standard terms 1. The Promoter is New Zealand Media & Entertainment Ltd (NZME. Radio Ltd), 54 Cook Street, Auckland. 2. Entry into the promotion is deemed acceptance of these Conditions of Entry and Competition Rules (Conditions). NZME. Radio Ltd reserves the right to exclude any person from the promotion on the grounds of criminal record or for medical reasons. 3. These Conditions including any special conditions in the Schedule (defined below) apply to all promotions run by NZME. Radio Ltd. Newstalk ZB (a Station of NZME. Radio Ltd) will conduct the promotion. NZME. Radio Ltd reserves the right to add and/or remove participating stations to and from the promotion at any time. 4. NZME. Radio Ltd reserves the right to suspend, modify, terminate or cancel a promotion at any time. These Conditions may be amended from time to time by NZME. Radio Ltd without notice. Liability 5. To the extent permitted by law, NZME. Radio Ltd, its related companies, agencies, affiliates, sponsors or representatives (Protected Parties) will not be liable for, and the winner indemnifies them against, any claims, liability, loss or damage arising out of, or in connection with any promotion conducted by NZME. Radio Ltd. Entrants agree that this clause is for the benefit of and enforceable by any of the Protected Parties for the purposes of the Contracts Act Nothing in these Conditions is intended to exclude, restrict or modify a consumer's rights under the Consumer Guarantees Act These conditions must be read subject to those statutory provisions and will not affect any statutory rights that a prize-winner may have in relation to the return of goods. 7. If entry to this promotion is being made on-line (e.g.) via Newstalk ZB, by completing an entry, in addition, the entrant agrees to be bound by the website general Terms and Conditions of Use. In the event of conflict between these Conditions and the website General Terms and Conditions of Use, these Conditions will prevail. Special conditions 8. Specific terms and special restrictions or qualifications may apply to particular promotions, in which case a Schedule to these Conditions (Schedule) will be provided. The Schedule will be posted on Newstalk ZB, or available from the Promoter's reception. The winner s signature in acceptance of any Schedule will be sought before receipt of a prize. General prize information 9. NZME. Radio Ltd reserves the right to refuse awarding any prize to a person who is determined, in NZME. Radio Ltd 's sole discretion, to have breached a term of these Conditions, tampered with the entry or claim process, gained unfair advantage in participating in the promotion or obtained a winner status using fraudulent means. The Promoter reserves the right, at any time, to verify the validity of entries and entrants and to disqualify any entrant who submits an entry that is not in accordance with these Conditions. Failure by the Promoter to enforce any of its rights at any time does not constitute a waiver of those rights. 10. No purchase is necessary to win or participate in the promotion, unless specified in the Schedule.

2 11. Winners under the age of 18 must be accompanied by a parent / legal guardian when the prize is awarded. A photo identification of the winner will be required passport/birth certificate, drivers licence or student card. Where alcohol is a prize, the prize will be awarded to the winner's parent / legal guardian instead and the winner will not have any entitlement to the prize. In the absence of a parent/legal guardian or in the case of a difficulty in locating such a person within a reasonable time, the Promoter reserves the right to forfeit the prize and award it to an alternative winner pursuant to these Conditions. The parent or legal guardian accepting the prize will be required to sign acceptance of these Conditions and any Schedule. 12. The prize(s) are not redeemable for cash, exchangeable or transferable. 13. If the specified prize is unavailable due to unforeseen circumstances NZME. Radio Ltd may substitute another prize of similar or equal value. 14. Winner(s) will be determined by a random draw from all valid entries received during the promotion period (unless otherwise specified in the Schedule). If the winner is determined by a judge/judges, then the judge s decision will be final and no correspondence will be entered into. Winner(s) will be notified by Newstalk ZB by phone and or mail using the details submitted by the entrant upon entry into the promotion. If the winner is not able to be contacted as stipulated in the Schedule following the first contact attempt, the Promoter, in its sole discretion, may draw an alternative winner without any liability to any person on the same terms and conditions as the original prize draw or selection. No compensation will be given to a winner who cannot be contacted as mentioned above. 15. Some promotions on this website are only open to certain regions. Please ensure you have the correct region where you live selected on the top right hand corner of the home page, Multiple entries are acceptable but each must be made as a separate entry. Personal details 17. By accepting the prize, all winners grant NZME. Radio Ltd exclusive permission to use their names, characters, photographs, voices and likeness in connection with the promotion and waive any claims to compensation for such use. 18. By entering a promotion, you confirm that the details you are entering are your own details, and are true and correct at the time of entry. 19. By entering a promotion, all entrants agree to make themselves available for a photo session if required by NZME. Radio Ltd and acknowledge NZME. Radio Ltd has the right to use these publicity photos in any reasonable manner. Prize pick up All entrants consent to their personal information being collected and stored by NZME. Radio Ltd for the purposes of this promotion. The Promoter may disclose the entrants personal information to its contractors and agents to assist in conducting the promotion or communicating with entrants and, as required, to New Zealand regulatory authorities. Entrants should direct any request to opt out, access, update or correct their personal information to the Promoter through The Promoter's privacy policy can be viewed at All entries will be the property of the Promoter. 20. Prizes valued under RRP of $50 (as at the time of the draw) may be mailed at the option of NZME. Radio Ltd; all other prizes must be claimed in person by the winner from a place designated by the Promoter, unless otherwise specified. A photo identification will be

3 required (examples are driver s licence / passport / student card with photo). In extraordinary situations, with the prior permission of NZME. Radio Ltd, a winner may nominate a representative to collect a prize. Written authorisation and ID for both winner and their representative will be required. 21. Any prize being collected by the winner must be picked up within 90 days of winning. NZME. Radio Ltd will not notify the winners of time remaining it is the sole responsibility of the winner to claim their prize within the 90 day timeframe. All unclaimed prizes will be forfeited. 22. In the event a winner chooses not to accept a prize, they will forfeit any claims to the prize, which can then be awarded to a runner-up or an alternative winner from the prize redraw (as may be the case) at the discretion of NZME. Radio Ltd. 23. NZME. Radio Ltd is at liberty to dispose of an unclaimed prize at the end of 90 days. 24. Entrants should allow two weeks for the delivery of prizes. Prizes that include international or domestic travel 25. Where the prize includes travel and/or accommodation, either international or domestic (Travel Prize), the winner MUST have valid documentation, including but not limited to valid passports and Visas, which meet the requirements of immigration and other government authorities at every destination. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities (including any costs associated with delay, will be the sole responsibility of the winner). 26. When the Travel Prize includes travel to or through the United States, it is the winner s responsibility when travelling into or through (transiting included) the United States under the Visa Waiver Program to apply for an Electronic System for Travel Authorisation (ESTA) no later than 72 hours prior to departure if required. The winner must visit the US Department of Homeland Security website and fill in the required information. The cost of the ESTA is the sole responsibility of the winner. 27. The Travel Prize is not transferable or exchangeable and cannot be redeemed for cash. The Travel Prize must be taken as stated in the Schedule and no compensation will be payable if the winner is unable to use the Travel Prize as stated. For the avoidance of doubt, if the winner is, for whatever reason, unable to travel on a nominated date during this period, whether the failure was due to reasons beyond the winner's control or otherwise, then the winner will forfeit the Travel Prize. 28. The winner and their travelling companion must travel together at all times. Unless otherwise stated within these Conditions or any Schedule, the winner is responsible for transport from their residence to their nearest international airport for flight departure and from their nearest international airport to their residence upon returning to New Zealand. 29. Flight tickets are available on the regular scheduled services of each airline and are subject to seasonal embargos. The flight itinerary may have to be adjusted depending on the airline's departure city and their current flight schedule. 30. Any changes to travel dates or additional accommodation outside the travel period specified in the Travel Prize details, made by the winner, which incur additional costs, are to be paid by the Travel Prize winner. 31. Unless explicitly stated in these Conditions or any Schedule, the winner will be responsible for expenses including, but not limited to, spending money, meals, drinks, transport, laundry charges, activities, incidentals, taxes (excluding departure and any other flight associated taxes included within the Travel Prize), gratuities, services charges, passports, visas, travel insurance and all other ancillary costs associated with redeeming the Travel Prize. The winner (if any) must obtain travel insurance to protect themselves against additional costs incurred in the event of unforeseen circumstances.

4 32. The Promoter makes no representation as to safety, conditions and other issues that may exist at any destination. International travel advice can be obtained from various sources, including government, local consular offices and the web site of the New Zealand Ministry of Foreign Affairs and Trade. The winner accepts the Travel Prize at their own risk. 33. All travel is subject to the standard terms, conditions and restrictions of the Travel Prize service providers. Any travelling companion included in the Travel Prize accepts the Travel Prize subject to these Conditions as if references to the winner in the relevant clauses were to the travelling companion. The winner and their travelling companion must sign a legal release, in a form acceptable to the Promoter in its absolute discretion, if requested by the Promoter. 34. When the Travel Prize includes international travel, where the winner is under 18 years of age they MUST be accompanied by a parent or guardian aged 18 or over at their costs. The parent or legal guardian will be required to sign acceptance of these Conditions and any Schedule. If the parent or legal guardian is unable to travel with the winner, the Travel Prize will be forfeited and may be awarded to an alternative winner. Ineligibility 35. Employees (and their immediate families) of NZME. Radio Ltd and its related entities and affiliates, participating sponsors and their advertising agencies in New Zealand, and the employees of radio stations other than those owned or controlled by NZME. Radio Ltd, are not eligible to participate and win. The term immediate families include spouses, grandparents, parents, children, and grandchildren whether by marriage, past marriages, civil union, remarriage, adoption, co-habitation or other family extension. Technical Inability to Complete 36. NZME. Radio Ltd disclaims any responsibility for the inability to complete or continue an entry due to equipment malfunction, busy lines, inadvertent disconnection, acts of God or otherwise. Entrants are restricted to the use of standard telephone, mobile phone and/or computer equipment. 37. If in the course of the promotion, prior to confirming the winner s identification and address, the phone line drops out or becomes disconnected for any reason, NZME. Radio Ltd is not responsible for awarding such prize to that caller and the opportunity to win and will go on to the next available caller. 38. If there is a dispute arising out of use of telephone lines, websites, texts or or any other form of technology during a competition, the decision of NZME. Radio Ltd is final and no correspondence will be entered into.

5 Schedule Australian F1 Grand Prix with Qantas 1. These Conditions of Entry and Competition Rules apply to the Australian F1 Grand Prix with Qantas promotion with Newstalk ZB to be held between 8 th December 2014 and ending on 19 th December Newstalk ZB (a Station of NZME. Radio Ltd) will conduct the promotion in association with Air New Zealand. New Zealand Media & Entertainment Ltd (NZME. Radio Ltd) reserves the right to add and/or delete participating stations at any time. 2. Entry into the promotion is deemed acceptance of these Conditions of Entry and Competition Rules. NZME. Radio Ltd reserves the right to exclude any person from the contest on the grounds of criminal record. 3. How to enter: Each day, from 8 th to 19 th December 2014 (inclusive), Newstalk ZB will publish a keyword via its Twitter account, visible to all Newstalk ZB twitter followers. Followers will be required to register their details and submit that day s keyword on the Qantas F1 competition page on the Newstalk ZB website ( Listeners are welcome to enter everyday to increase their chance of winning. All correct entries will qualify for the grand prize draw on Monday 22 nd December 2014 for a trip for two to the Australian F1 Grand Prix courtesy of Qantas. 4. The grand prizewinner on Monday 22 nd December 2014 will be determined by random draw of all qualified entries. The winner will be notified by Newstalk ZB by phone and this will be followed up by The winner will receive a travel prize comprising: Return flights for two with Qantas to Melbourne (ex. Auckland, Wellington or Christchurch) to the value of $1500 total, 2 Webber Grandstand tickets to the 2015 Formula 1 Australian Grand Prix (access over four-days) value $325pp, five nights accommodation in a 4-star hotel courtesy of Tourism Victoria, Formula 1 Paddock Tour (14 March 2015) value $1000pp, Pit Lane Walk passes (access over four-days) value $1000pp, Race Day Preview with a F1 Ambassador (Sunday 15 March 2015) value $1000pp and dinner at Gazi to the value of $ The winner and their travelling companion must travel together at all times. 7. All flights are subject to availability. Newstalk ZB recommend winners take out comprehensive travel insurance and arrange Australian Visa if required. 8. All prize travel will be subject to the airline s Conditions of Carriage. Prize travel will not be eligible to accrue frequent flyer scheme points or air miles. 9. Economy flights on Qantas operated services departing from Auckland, Wellington or Christchurch to Melbourne on Wednesday 11 March 2015 and returning on Monday 16 March Flight times vary depending on whether the winner travels from Auckland, Wellington or Christchurch. For travel ex Christchurch travel is via Sydney. 10. The prize includes taxes included in the price of the ticket. Unless otherwise stated, the prize does not include travel insurance, passports, visas, meals, taxes not included in the price of the ticket, ground transportation or any other costs of a personal nature not specifically stated. Compliance with any health or other government requirements is the responsibility of the prize-winner and their companion. The Promoter makes no representation as to the safety, conditions or other issues that may exist at any destination. Prize travel is subject to Qantas General Conditions of Carriage. 11. Prize travel is subject to availability at the time of booking. The winner and their travel companion must travel together on all prize travel and will not accrue Qantas Frequent Flyer

6 points on the prize travel or accommodation. An upgrade cannot be purchased on airfares with cash or Qantas Frequent Flyer points. 12. The prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated. Prizes are not exchangeable or redeemable for cash or other goods or services. A prize cannot be transferred to any other person, unless agreed to by the Promoter. There can be no changes made to travel arrangements once tickets are issued. If the prize or any part of it is not utilised it will be forfeited. 13. If the prize (or part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority. 14. Acceptance of the prize is subject to Attendance Conditions and Corporate Hospitality Conditions to the Event available at and at entrances to the Event. Prize winners may be required to sign a release and indemnity in a form provided by AGPC. ENTRANTS ARE REMINDED AND AGREE, ACCEPT AND ACKNOWLEDGE THAT MOTOR RACING, AND CERTAIN ACTIVITIES ASSOCIATED THEREWITH (INCLUDING, WITHOUT LIMITATION, PARTICIPATION IN THE PRIZE) ARE DANGEROUS AND ACCIDENTS CAN HAPPEN. Entrants are warned that there is a possibility of an accident causing injury, death or property damage or loss and participation in the Prize is at the entrants own risk. Entrants acknowledge that the risks associated with participating in the Prize include but are not limited to the risk of suffering harm as a result of cars (or parts of them) colliding with other cars, persons or property. Entrants acknowledge that participating in the Prize has a degree of danger and, to the extent permitted by law (in particular section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic) and section 139A of the Competition and Consumer Act 2010 (Cth)), hereby exclude, release and forever discharge the AGPC, the Crown in right of the State of Victoria, the Minister administering the Act, the Minister administering the Crown Land (Reserves) Act 1978 (Vic), Federation Internationale de l Automobile, Formula One World Championship Limited, Formula One Marketing Limited, Formula One Hospitality and Event Services Ltd, Formula One Management Limited, Formula One Licensing B.V., Formula One Asset Management Limited, Confederation of Australian Motor Sport Ltd, Parks Victoria, State Sport Centres Trust, APP Corporation Pty Limited, AGPC sponsors and all other persons involved in the organisation, conduct and promotion of the Event and Prize including officials, marshals, rescue and medical staff, the competitors and drivers (such parties to include where relevant all directors, officers, employees, agents, contractors and affiliated companies and their respective personnel) (Associated Entities) from all liability for claims, loss, damage, costs or expenses arising from any personal injury or death (whether arising from negligence (but excluding gross negligence) or otherwise), arising from or connected with participation in Recreational Services (as defined below) including the Prize (or any element of the Prize) and attendance at the Event. To the extent permitted by law (in particular section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic) and section 139A of the Competition and Consumer Act 2010 (Cth)), entrants acknowledge that, to the extent to which they participate in the Prize in: a sporting activity or similar leisure time pursuit; or an activity that: a. involves a significant degree of physical exertion or physical risk; and b. is undertaken for the purposes of recreation, enjoyment or leisure, (Recreational Services), including, without limitation, participation in the Prize, the Associated Entities do not make any warranty that the Recreational Services including the Prize, will be provided with due care and skill or that any materials provided in connection

7 with the Recreational Services, including the Prize, will be fit for the purposes for which they are supplied. Entrants acknowledge that, to the extent that any warranty is implied it is excluded to the full extent permitted by law. WARNING: If you participate in these activities your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 (Vic) if you are killed or injured because the activities were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in the Conditions of Entry. NOTE: The change to your rights as set out in this notice, does not apply if your death or injury is due to gross negligence on the supplier s part. Gross negligence is defined in the Australian Consumer Law and Fair Trading Regulations For the purpose of this Condition the supplier will mean and include the Associated Entities. Without limiting any other release or limitation of liability contained in the Conditions of Entry, the Associated Entities will not be liable for any indirect or consequential loss suffered by any entrant caused by any acts or omissions of the Associated Entities, their directors, employees, agents and contractors arising out of or in relation to the Prize. Nothing in this Condition or these Conditions of Entry generally affects your rights under the Competition and Consumer Act 2010 (Cth), Australian Consumer Law and Fair Trading Act 2012 (Vic) or similar legislation regarding implied conditions and warranties to the extent that such implied conditions and warranties cannot be excluded by law.