1. General(a) These Terms of Entry apply to all promotions conducted by the Nova Entertainment group stations referred to in paragraph 1(b) below (each, a Promoter), which are not covered by Terms of Entry specific to that promotion (Promotion). By entering, entrants accept these Terms of Entry. These Terms of Entry may be amended or replaced from time to time; entrants should check the Promoter’s website (as specified in paragraph 1(b) or the current version.(b) The Promoter is the Nova Entertainment group station which is conducting the Promotion. The contact details and websites of the Nova Entertainment group’s stations are as follows:Nova Entertainment Pty Ltd (ACN 093 553 989) Level 5, 33 Saunders Street Pyrmont NSW 2009Nova 96.9 Pty Ltd (ACN 092 545 689), Level 5, 33 Saunders Street Pyrmont NSW 2009, www.nova969.com.au and www.novafm.com.au/nova969/;Nova 100 Pty Ltd (ACN 094 934 684), Level 2, 678 Victoria Street Richmond VIC 3121, www.nova100.com.au and www.novafm.com.au/nova100/;Nova 106.9 Pty Ltd (ACN 108 206 079), Level 3, 130 Commercial Road Teneriffe QLD 4005, www.nova1069.com.au and www.novafm.com.au/nova1069/; Nova 91.9 Pty Ltd (ACN 106 082 044), Level 3, 75 Hindmarsh Square Adelaide SA 5000, www.nova919.com.au and www.novafm.com.au/nova919/;Nova Entertainment (Perth) Pty Ltd (ACN is 099 052 481) of Level 1, 464 Hay Street Subiaco WA 6008, www.nova937.com.au and www.novafm.com.au/nova937/; Smoothfm 95.3 Pty Ltd (ACN 108 206 051), Level 3, 33 Saunders Street Pyrmont NSW 2009, www.smoothfm953.com.au and www.smoothfm.com.au; Smoothfm 91.5 Pty Ltd (ACN 110 000 596), Level 2, 678 Victoria Street Richmond VIC 3121, www.smoothfm915.com.au and www.smoothfm.com.au;Star 104.5 Pty Ltd (ACN 101 607 676), Level 1, 4 Ilya Avenue Erina NSW 2250, www.star1045.com.au; andFestival City Broadcasters Pty Ltd (ACN 007 767 768), Level 4, 75 Hindmarsh Square, Adelaide SA 5000, www.fiveaa.com.au.(c) If the Promotion is a game of chance conducted in NSW, it is authorised under the blanket permit specified below (as applicable): Nova 96.9 Pty Ltd: LTPM /2019/04872 Star 104.5 Pty Ltd: LTPM/18/03827 smooth 95.3 Pty Ltd: LTPM/19/040002 Eligible Entrants(a) Eligible States and Territories. Entry is open only to residents of the Australian state(s) where a Promotion is being conducted.(b) Associated persons and entities. 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 a Promotion or of any Australian commercial radio broadcaster are ineligible to enter.(c) Using different identities. Any person who is discovered to have used or attempted to use any more than one name in order to enter any Promotion run by the Promoter except in the case of a legal change of name in a promotion is ineligible to enter the Promotion.(d) Previous or Multiple Winnings. A person is ineligible to enter a Promotion if that person or anyone from the same family or household has won prizes to the value of $500 or more in any Promotion(s) run by the Promoter or any radio station owned or controlled by Nova Entertainment Pty Ltd in the thirty (30) days prior to the commencement of the relevant promotion period (or such other period notified to the entrant by the Promoter). Entrants are restricted from winning entry to the same Nova’s Red Room event under multiple Promotions conducted by the Promoter/s and its various promotional partners. Nova 93.7 Promotions – For Nova 93.7 promotions conducted by Nova Entertainment (Perth) Pty Ltd only, a person is ineligible to enter a Promotion if that person or anyone from the same family or household has won prizes to the value of $500 or more in any Promotion(s) run by that promoter in the thirty (30) days prior to entering the relevant promotion (or such other period notified to the entrant by that promoter).(e) Correct Information. Entrants must only enter a Promotion in their own name. Any entries of an entrant who is deemed by a Promoter to have provided incorrect, misleading or fraudulent information may, at the sole discretion of that Promoter, be deemed invalid.(f) Age. 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 legal 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.(g) Proof. A Promoter may require entrants to promptly provide identification 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. In the event that the entrant fails to produce such proof that entrant will be ineligible for the Promotion.3 Entry Method(a) Promotion Period. To enter the Promotion, entrants must follow the entry method specified by the Promoter during the relevant promotion period. Entries must be received by the Promoter during the promotion period. Entrants may submit up to the maximum number of entries specified by the Promoter and multiple entries (if permitted by the Promoter) must be submitted separately and must independently comply with these Terms of Entry.(b) SMS Entry. If the Promotion involves SMS entry, the maximum cost of each SMS is 55 cents (incl. 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 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).(c) Phone Entry. If a Promotion involves entry via a promotion phone line, the maximum cost of a call to the promotion phone line is 55 cents (incl. 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. (d) Online Entry. Costs associated with accessing any website remain an entrant’s responsibility and may vary depending on Internet Service Provider used.(e) Social Media Entry. If a Promotion is conducted or involves entry via a social media platform, the following will apply: (i) an entrant’s entry must be submitted by the individual entrant; (ii) entrants must ensure their security settings on their personal account allows the Promoter to contact them in the event that the entrant is a winner; (iii) use of social media platforms is subject to the terms and conditions of use of that social media platform; (iv) entrants acknowledge that the Promotion is in no way sponsored, endorsed or administered by, or associated with, any social media platform. 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; and (v) to the extent permitted by law, the winner and their companions agree to release any and all social media platforms (and their associated agencies and companies) used in conjunction with the Promotion, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by the winner and their companions in respect of their participation in the Promotion.(f) 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.4 Entries, Draw Details and Judging(a) A Promotion may be drawn and/or decided at the time, on the date/s and at the location/s as specified by the Promoter. The prize/s will be awarded to a valid entrant or entrants (as applicable) who are randomly drawn or are deemed to have submitted the “best” entry, as determined by the judges, in accordance with the details specified by the Promoter regarding how the prize/s will be awarded.(b) 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).(c) Entries that, in the Promoter’s judgment, contain offensive, defamatory or otherwise objectionable or inappropriate material or that infringe any third party rights (including intellectual property rights) will be invalid. This includes, but is not limited to, any entry which the Promoter considers to be disparaging to its products and/or services or is otherwise not in keeping with the spirit of the Promotion (in the Promoter’s sole and absolute discretion).(d) If the Promotion is a game of skill, chance plays no part in determining the winner/s and each valid entry will be individually judged (by representatives of the Promoter) based on the judging criteria specified by the Promoter.(e) The Promoter’s decisions are final and no correspondence will be entered into.5 Use of Entries(a) By entering the Promotion, an entrant consents to their voice, name, image, location, content of their entry and any other information submitted to the Promoter being broadcast on air and/or published in any form of media by the Promoter, the Promotion’s prize supplier and any promotional partners associated with the Promotion.(b) Use or any publication of entries during or after the Promotion Period (in any form of media) does not mean that an entrant has been selected as a winner in the Promotion, and that entrant may not be awarded a Prize.6 Intellectual Property Rights(a) Each entry must not include or make reference to the intellectual property rights of any person including but not limited to any visible logos, drawings, cartoons, phrases, trademarks, copyrighted material, mark that identifies a brand or other third party materials, unless the entry is submitted with the written consent of the owner of the applicable intellectual property rights. Failure to do so may, in the Promoter’s sole absolute discretion, result in the entry becoming invalid.(b) All entries and materials submitted to the Promoter in connection with the 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 the Promotion entrants: (i) consent to the Promoter using their entries or materials in any manner it sees fit, including exploiting, making copies of or publishing the whole or any part of their entry, to publicise the Promotion or for any other purposes; (ii) warrants that their entry is not, and its use by the Promoter (or its prize supplier and promotional partners) will not be, in breach of any third party intellectual property rights; (iii) 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 (or its prize supplier and promotional partners) not attributing authorship of their entry to the entrant; and authorship of their entry to the entrant; and (iv) will, at the Promoter’s reasonable request and at the Promoter’s cost, at all times do all things (including signing all documentation) necessary to give full effect to the requirements of this clause.7 Challenge(a) If the Promotion involves a challenge, the challenge will be conducted in accordance with any challenge details specified by the Promoter and as notified by the Promoter to the entrants at the time of participating in the challenge.(b) Should the challenger refuse, or fail to satisfactorily complete the challenge in accordance with the challenge details and/or within the time specified by the Promoter, they will not receive any prize (or progress to the next stage of the Promotion, where applicable) and the Promoter will not be required to conduct the challenge again (in its sole and absolute discretion). The Promoter’s decision as to the result of the challenge is final and no correspondence will be entered into.8 Prize (General)(a) No transfers or exchanges. The 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.(b) Variation in Prize value. The Promoter accepts no responsibility for any variation in prize value. Where a prize (or part thereof) 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 the Eligible States and Territories.(c) Tax Implications. The Promoter is not responsible for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. Where the operation of the 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.(d) Prize Delivery. Prizes will be provided by the Promoter to the winner as specified by the Promoter.
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