NXFM S UMBRELLA CONTESTING RULES AND CONDITIONS

Transcription

1 NXFM S UMBRELLA CONTESTING RULES AND CONDITIONS The following terms and conditions apply for NXFM s Umbrella contesting, to be run between 5.30am and 8.00pm weekdays from Friday 17 February 2012 until Friday 15 February 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 NSW 2290 and can be downloaded from the website at 1. METHOD OF ENTRY Entry is via telephone, on the NXFM Competition line; or via the NXFM website, or SMS ; or online at any other specified internet platform.. Potentially each weekday, every hour from 5.30am until 8.00pm between the above dates (including public holidays), listeners may be asked to call , SMS NXFM on (at a cost of 55 cents - Entrants will need an SMS compatible mobile phone connected to a service provider which permits text messaging to the abovementioned premium SMS number) or via a Hit Crew cross. NXFM will take a random caller, entry, SMS or via the Hit Crew. Or they will be asked to log onto and submit a registration form. The successful caller or entrant will either: win a minor prize only if no major prize is offered in that week; or not win a minor prize but go into the draw for the major prize; or win a minor prize and go into the draw to win the major prize. No person may win more than one minor prize in any one week. In the event that the same person is the successful caller through more than once in any one week NXFM will cause another winner to be selected. 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.

2 Each week NXFM will potentially give away a total of 30 minor prizes. Each person who wins a minor prize will also be placed in a draw to win a major prize up to the value of $1000 if a major prize is offered that week. The major prize winner will be drawn at a pre-determined time ie between 5.30am and 8.00pm each Monday. The draw will be a manual random draw. All decisions of NXFM representatives in relation to this competition will be final and no discussions or correspondence will be entertained. The major prize winning entrant will be drawn and announced weekly at a pre-determined day, date and time between the above dates (including public holidays). 2. DRAW The winning entrants of all minor prizes will be announced at NXFM (Studio Pacific Hwy, Charlestown NSW 2290), at the time of winning each weekday (including public holidays) between the above dates. The minor winners may be decided by random caller. The winning entrants of all major prizes will be drawn at NXFM (Studio Pacific Hwy, Charlestown NSW 2290), a pre-determined day, date and time between the above dates (including public holidays). The draws will be manual random draws. 3. DURATION The contesting will run between 5.30am and 8.00pm weekdays between the above dates (including public holidays). 4. PRIZE(s) There will potentially be 1560 minor contesting segments in total. The minor prizes will comprise CD s, concert tickets, merchandise packs or movie tickets at the sole discretion of NXFM Promotions. It is not possible to determine in advance the number of minor prizes which will be won in these segments. The total minor prize pool will, however, be $78,000 and, in the event that the whole of this prize pool has been won prior to 8.00pm on Friday 15 February 2013 the competition will be discontinued at that point at the absolute discretion in all things of NXFM. Value of each minor prize: Up to $50.00 Total value of minor prizes: $78, There will potentially be 52 major contesting segments in total. The major prizes will comprise CD packs, concert packs, merchandise packs or accommodation packages at the sole discretion of NXFM Promotions. It is not possible to determine in advance the number of major prizes which will be won in these segments. The total major prize pool will, however, be $20,000 and, in the event that the whole of this prize pool has been won prior to 8.00pm on Friday 15 February 2013 the competition will be discontinued at that point at the absolute discretion in all things of NXFM.

3 Value of major prize: Up to $ Total value of prizes: $20, Total Value of prizes: $98, INDEMNITY All contestants release from, and indemnify Radio Newcastle Pty Ltd (ABN ), and Southern Cross Austereo Pty Ltd (ACN ), 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. 6. NOTIFICATION All prize winners 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 when their prize is available for collection. 7. 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 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. ELIGIBILITY

4 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. Employees and their immediate families of NXFM, Radio Newcastle Pty Ltd (ABN ), Southern Cross Austereo Pty Ltd (ACN ), are ineligible to enter. Employees and their immediate families of all associated sponsors and participating companies are also ineligible to enter. 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 Southern Cross Austereo 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 All contestants acknowledge that NXFM may still rely on the above 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 its value to NXFM can be required by NXFM if this occurs. 10. PRIZE COLLECTION Winners of minor prizes will be required to pick up their prize from the NXFM Reception at 252 Pacific Highway, Charlestown NSW NXFM, Radio Newcastle Pty Ltd (ABN ), Southern Cross Austereo Pty Ltd (ACN ), will not be responsible or liable if for any reason beyond their reasonable control any element of any prize is not provided. NXFM may, subject to State regulation, at its absolute discretion

5 substitute a different prize in place of any prize referred to in these terms and conditions. Winners will be responsible for any and all taxes incurred in relation to their receipt of their prize(s). 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. 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. 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. 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. 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. All prizes are non transferable and are not redeemable for cash. If the winner of the 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. Should a prize become invalid while waiting for collection from an NXFM winner, NXFM reserves the right not to reimburse that prize if uncollected within the nominated time period. Tickets or prizes provided by an external third party are not controlled by NXFM. Should a concert or event be cancelled for whatever reason, those tickets are the responsibility of the promoter or external organisation and NXFM are not accountable or responsible for replacing or compensating with an alternative prize. 11. GENERAL

6 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. 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. 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. 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 prize winner 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. 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 prize winner under the age of 18 years, the Deed of Release and Indemnity must be signed by their parent or guardian and timeframe for winning again. NXFM may, subject to State regulations, terminate this competition at any time at its absolute discretion without liability to any contestant or other person. In all matters, all decisions of NXFM staff will be final. Subject to State regulation, no correspondence or discussions will be entertained. 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. NXFM reserves the right to exclude any persons from the competition on the ground of their medical condition or history or any reason whatsoever. 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

7 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 or from NXFM reception. All entrants may have their details removed from the database at any time by simply contacting NXFM on (02) 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. If a competition or promotion includes regular clues or chances of guessing, NXFM reserves the right to put to air calls that are suggested answers only and reserve the right to nominate the song, hour or cue to call for the winning answer only. The timing of giving prizes away is at the complete discretion of NXFM. 12. PROMOTER The promoter is of Radio Newcastle Pty Ltd trading as NXFM of 252 Pacific Highway, Charlestown NSW LICENCE NUMBER Permit No : LTPM/12/00106 issued on 17/02/2012. I, consent that I have read and understood the above terms and conditions for NXFM s Weekday Contesting. Signature Witness / /2012 Date / /2012 Date