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Sat 04 Sep 2010
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Prizewinner Terms and Conditions
Friday, 09 January 2009 12:51
No one likes extensive rules and regulations, however, consumers have asked for specific rules when it comes to winning prizes on radio stations, and due to this, we outline our General Prizewinner Terms and Conditions for you below.

 

1.1 Tasmanian Broadcasters Pty Ltd (ABN: 93 129 643 545) ("99.7 SEAFM") operates as Scottsdale's 99.7 SEAFM. 99.7 SEAFM may conduct competitions from time to time pursuant to which prizes of money or other property are made available to eligible persons (as set out in clause 3.1) ("99.7 SEAFM Competition").

1.2 These rules say who is eligible to enter a 99.7 SEAFM Competition, how prizes will be awarded and how they may be claimed ("General Competition Rules"). In addition to the General Competition Rules, other specific terms and conditions may also apply to particular 99.7 SEAFM Competitions ("Specific Competition Rules"). Any Specific Competition Rules applicable to any particular 99.7 SEAFM Competition will be posted on 99.7 SEAFM.com.au ("Web-Site").

1.3 To the extent that there is an inconsistency between the General Competition Rules and the Specific Competition Rules, the General Competition Rules prevail.

1.4 A person who enters a 99.7 SEAFM Competition agrees to be bound by:
(a) the General Competition Rules; and
(b) the Specific Competition Rules.

2 Conduct of Competitions

At all times a 99.7 SEAFM Competition will be conducted by 99.7 SEAFM in its absolute discretion (including, without limitation, decisions in relation to who may enter and who has won a prize in a 99.7 SEAFM Competition). A decision of 99.7 SEAFM is binding and conclusive and will not be challenged on the grounds that 99.7 SEAFM failed to act reasonably, fairly, in good faith or otherwise in accordance with the principles of procedural fairness. A decision of 99.7 SEAFM will not be challengeable even if it can be demonstrated that 99.7 SEAFM made a decision which was wrong, based on a factual error or an irrelevant or irrational consideration. It is not the policy of 99.7 SEAFM to enter into negotiations with any person who challenges a decision of 99.7 SEAFM.


3 Eligibility

3.1 Any person may enter a 99.7 SEAFM Competition, except for the following:

(a) a person who has previously submitted an entry in that particular 99.7 SEAFM Competition;

(b) an employee, officer, servant, agent or associate (as defined in section 9 of the Corporations Act) of 99.7 SEAFM, or of its related bodies corporate (as defined in section 9 of the Corporations Act);

(c) a direct family member of a person referred to in paragraph (b) above (and for this purpose a direct family member is taken to include a spouse, parent, child or sibling of that person);

(d) a person who is not ordinarily or usually resident in Australia;

(e) a person who has refused to provide all or any of the Personal Information (as defined in clause 4.10) requested by 99.7 SEAFM, in the absolute discretion of 99.7 SEAFM;

(f) a person who within the 30 days prior to the day on which the 99.7 SEAFM Competition was first announced has won a prize in a 99.7 SEAFM Competition conducted earlier in time the value of which is greater than or equal to $50;

(g) a person who within the 90 days prior to the day on which the 99.7 SEAFM Competition was first announced has won a prize in a 99.7 SEAFM Competition conducted earlier in time the value of which is greater than or equal to $1,000;

(h) a person who within the 12 months prior to the day on which 99.7 SEAFM Competition was first announced has won a prize in a 99.7 SEAFM Competition conducted earlier in time the value of which is greater than or equal to $10,000;

(i) a competitor of 99.7 SEAFM or of any of its related bodies corporate (as defined in section 9 of the Corporations Act);

(j) an employee, officer, servant, agent or associate (as defined in section 9 of the Corporations Act) of a person referred to in paragraph (i) above;

(k) a direct family member of a person referred to in paragraph (j) above (and for this purpose a direct family member is taken to include a spouse, parent, child or sibling of that person); and

(l) any other person or class or persons prescribed by 99.7 SEAFM in any Specific Competition Rules.

3.2

(a) For the purposes of clause 3.1 a "person" means a natural person and no other kind of person.

(b) For the purposes of clause 3.1 (f) to (h):

(i) a person will be taken to have won a prize if he or she was announced as the winner by 99.7 SEAFM in Scottsdale FM radio frequency 997.7 MHz or on the Web-Site (or in any other place) and will be taken to have won the prize on the day that the announcement was first made, irrespective of whether that person collects the prize within the prescribed period;

(ii) the value of the prize which a person has won in a 99.7 SEAFM Competition includes a prize won in more than one 99.7 SEAFM Competition conducted during the relevant time period; and

(iii) 99.7 SEAFM will, in its absolute discretion, determine the value of the prize won by a person in a 99.7 SEAFM Competition during a time period.

(c) For the purpose of clause 3.1(i) a person will be taken to be a competitor of 99.7 SEAFM or any of its related bodies if that person competes (directly or indirectly) for listeners of, or advertisers with, 99.7 SEAFM or a related body corporate of 99.7 SEAFM, as the case may be.

3.3 For the avoidance of doubt, a person described in clauses 3.1 (a) to (l):

(a) has no entitlement, right or interest in:

(i) 99.7 SEAFM Competition for which he or she is ineligible, even if by the oversight of 99.7 SEAFM or for any other reason an entry submitted by that person is accepted or received by 99.7 SEAFM; or

(ii) any prize awarded in relation to 99.7 SEAFM Competition for which he or she is ineligible, even if that person is announced as the winner the prize; and

(b) will be required at the direction of 99.7 SEAFM to return, refund or otherwise make restitution of any prize awarded to that person by 99.7 SEAFM in relation to 99.7 SEAFM Competition for which he or she is ineligible.

3.4 99.7 SEAFM reserves the right at all times and in its absolute discretion to withdraw an announcement that a person described in clause 3.1 (a) to (l) has won a prize in a 99.7 SEAFM Competition for which he or she is ineligible.

4 Competition Entries

4.1 99.7 SEAFM may in its absolute discretion accept entries in a 99.7 SEAFM Competition by any of the following means:

(a) telephone;
(b) facsimile;
(c) e-mail;
(d) Short-Message-Service ("SMS") message;
(e) through the Web-Site; and
(f) any other means, and using any technology, that 99.7 SEAFM (in its absolute discretion) thinks fit.

4.2 99.7 SEAFM may prescribe the means by which it will accept entries in a particular 99.7 SEAFM Competition in any Specific Competition Rules applicable to that 99.7 SEAFM Competition. 99.7 SEAFM is under no obligation to accept entries by any or all of the means described in clause 4.1. The fact that 99.7 SEAFM has accepted one or some entries by one of the means described in clause 4.1 does not mean that it is required to do the same in relation to other entries.

4.3 For the purpose of these General Competition Rules (including without limitation clause 1.4), a person will be taken to have entered a 99.7 SEAFM Competition when he or she:

(a) is connected by telephone line to 99.7 SEAFM;
(b) successfully transmits a facsimile to 99.7 SEAFM;
(c) sends an e-mail to 99.7 SEAFM;
(d) sends a SMS message to 99.7 SEAFM; or
(e) submits an entry form over the Web-Site,
as the case may be, for the purpose of entering the relevant 99.7 SEAFM Competition.

4.4

(a) A person who enters a 99.7 SEAFM Competition:

(i) may be required by 99.7 SEAFM in its absolute discretion to participate in any promotional activities selected by 99.7 SEAFM in its absolute discretion for the benefit of 99.7 SEAFM (including, without limitation, participating in a sound recording, photograph, video or film session); and

(ii) must not participate in any media activities (including without limitation any activity involving radio, print, television or the internet) for the purpose of, or which involves, discussing, commenting on, expressing a view of or giving an account of 99.7 SEAFM, its operations, its related bodies corporate or a 99.7 SEAFM Competition without the prior written consent of 99.7 SEAFM.

(b) A person who participates in promotional activities referred to in clause 4.4(a) must express a positive view (and refrain from expressing a negative or disparaging view) of 99.7 SEAFM, its operations, its related bodies corporate or the 99.7 SEAFM Competition.

4.5 A person who has entered a 99.7 SEAFM Competition acknowledges that 99.7 SEAFM has the right to use any materials generated pursuant to activities referred to in clause 4.4 (and any other material generated by it in the conduct of a 99.7 SEAFM Competition) in any medium and in any manner it sees fit.

4.6 99.7 SEAFM Competition entries and material submitted in connection with any 99.7 SEAFM Competition (whether in written, audio, electronic, visual (still or moving) or other form, or any combination of them) or any photographs, video, film footage or audio recording taken of a person who enters a 99.7 SEAFM Competition, together with any intellectual property rights associated with them, are at all times the property of 99.7 SEAFM. 99.7 SEAFM may use that material and any intellectual property rights in it in any medium and in any manner it sees fit. For the avoidance of doubt copyright in any such material becomes and remains the sole property of 99.7 SEAFM.

4.7 99.7 SEAFM may publicise, broadcast or otherwise disclose the name, character, likeness, statements or any recording of the voice of a person who enters a 99.7 SEAFM Competition in advertising or promotional activities concerning a 99.7 SEAFM Competition, or for any other purpose. 99.7 SEAFM may promote or advertise that a winner has won a prize in a 99.7 SEAFM Competition in any form and in any medium it thinks fit.

4.8 If in the course of a 99.7 SEAFM Competition:

(a) a telephone line or internet connection breaks up, drops out or otherwise fails; or

(b) there is a dispute arising out of the use of telephone lines or internet connection (including situations where multiple telephone lines or internet connections are used); or

(c) two telephone lines are crossed during a 99.7 SEAFM Competition,
99.7 SEAFM, in its absolute discretion, may:

(d) disqualify the relevant person from the 99.7 SEAFM Competition; and

(e) award the prize to another person.

4.9 If an event described in clause 4.8(a), (b) or (c) arises and a person is disqualified from a 99.7 SEAFM Competition:

(a) 99.7 SEAFM will not be responsible for awarding a prize to that person; and
(b) the decision of 99.7 SEAFM will be final and conclusive and no discussion or correspondence will be entered into.

4.10 A person who enters a 99.7 SEAFM Competition may be required to submit personal or confidential information about himself or herself (including without limitation his or her name, address, telephone number, e-mail address, marital status, occupation, spending preferences or any other such information) ("Personal Information") to 99.7 SEAFM. 99.7 SEAFM will treat any Personal Information obtained from a person who enters a 99.7 SEAFM Competition in accordance with its Privacy Policy. 99.7 SEAFM may:

(a) record and use the Personal Information for its own marketing, planning, product development, promotional and research purposes; and
(b) refuse to accept an entry which does not contain all or any of the Personal Information requested by 99.7 SEAFM.

4.11 A person who enters a 99.7 SEAFM Competition releases from and indemnifies 99.7 SEAFM from and against, all liability, cost, loss or expense arising out of acceptance of any prize or participation in any 99.7 SEAFM Competition including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission, or otherwise.

5 Prizes

5.1 Prizes in a 99.7 SEAFM Competition will be awarded in the absolute discretion of 99.7 SEAFM. For the avoidance of doubt, a decision in relation to a prize in a 99.7 SEAFM Competition is subject to clause 2.

5.2 It is a condition to claiming a prize in a 99.7 SEAFM Competition that the person claiming the prize:

(a) is eligible to enter 99.7 SEAFM Competition to which the prize relates under clause 3.1;

(b) is announced by 99.7 SEAFM as the winner of that prize in Scottsdale on AM frequency 900 KHz or on the Web-Site or through any other means;

(c) demonstrates to the satisfaction of 99.7 SEAFM that he or she is the winner of the prize (for example, by producing photo-identification, such as driver's licence or passport);

(d) is not prohibited by any rule of law from using or otherwise enjoying the prize for which he or she has been announced as the winner; and

(e) has complied with any request made by 99.7 SEAFM under the General Competition or any Specific Competition Rules which apply to that 99.7 SEAFM Competition, including without limitation a direction under clauses 4.4(a)(i) and 5.9.

5.3 For the purpose of clause 5.2(d) if it is a requirement of law that a person be of a minimum age to be able to lawful use or otherwise enjoy the prize in question, the person claiming the prize must demonstrate to the satisfaction of 99.7 SEAFM that he or she is at least the age required by law for that purpose (eg, by drivers' licence, passport or other means) and may be required by 99.7 SEAFM to sign a declaration to that effect. Where the winner of a prize is below the lawful age to use or otherwise enjoy the relevant prize, 99.7 SEAFM may, in its absolute discretion, award the prize to the winner's lawful parent or guardian.

5.4 All prizes must be collected within 3 months of the date on which the prize was won (as determined in accordance with clause 3.2(b)(i)). After that time, unclaimed prizes will be dealt with according to legislative requirements. 99.7 SEAFM is under no obligation to notify a winner in person of the fact that he or she has won a prize or of the amount of time he or she has to collect the prize. At all times, it is the sole responsibility of the winner to collect his or her prize.

5.5 All prizes must be claimed in person from 99.7 SEAFM at 99.7 SEAFM's operating headquarters unless the winner is otherwise advised by 99.7 SEAFM.

5.6 In exceptional circumstances, 99.7 SEAFM may elect in its absolute discretion to deliver the prize to the winner by post or courier. However, no responsibility will be accepted by 99.7 SEAFM for the safe and effective delivery of the prize. The winner accepts all risk in relation to the safe and timely delivery of the prize. All prizes must be collected within 30 days.

5.7 Subject to acceptance by 99.7 SEAFM in its absolute discretion, a winner may nominate a designated representative to collect a prize. The representative will be required to present written authorisation from the winner and produce photo identification which demonstrates to the satisfaction of 99.7 SEAFM that he or she is the winner's representative.

5.8 In the event that a winner fails to collect a prize within the prescribed time limit or chooses not to accept a prize, that person irrevocably relinquishes all right, title or interest in the prize. All claims to that prize will be dealt with by 99.7 SEAFM in its absolute discretion. For the purpose of clauses 3.1 a person described in this clause 5.8 will be deemed to have won a prize in a 99.7 SEAFM Competition on the day referred to in clause 3.2(b)(i) notwithstanding their failure collect it.

5.9 If requested to do so by 99.7 SEAFM, the winner of a prize under a 99.7 SEAFM Competition must:

(a) sign a copy of the General Competition Rules and any Specific Competition Rules; and

(b) sign a form declaring that he or she has received and accepted the prize; and

(c) execute a Deed of Release and Indemnity in the form prescribed by 99.7 SEAFM releasing and indemnifying 99.7 SEAFM in respect of any liability of 99.7 SEAFM in connection with the 99.7 SEAFM Competition under which he or she has won the prize and any liability in connection with the acceptance, use and enjoyment of the prize.

5.10 Nothing in clause 5.9(a) or (b) affects the time on which the person who has entered the 99.7 SEAFM Competition is taken to have agreed to be bound by the General Competition Rules or the Specific Competition Rules.

5.11 If the winner of a prize is a minor (ie under the age of 18 years) on the date he or she wishes to collect the prize, that person must be accompanied by a parent or guardian. Both the winner and the parent or guardian may be required to:

(a) sign a copy of the General Competition Rules and any Specific Competition Rules as an indication of their acknowledgment and understanding of them;

(b) produce photo-identification to establish their identities to the satisfaction of 99.7 SEAFM; and

(c) execute a Deed of Release and Indemnity in a form prescribed by 99.7 SEAFM in respect of any liability of 99.7 SEAFM in connection with the 99.7 SEAFM Competition for which the minor was awarded the prize and any liability in connection with the acceptance, use and enjoyment of the prize by the minor or any other person.

5.12 Any prizes won in a 99.7 SEAFM Competition are not transferable and must not be redeemed for cash. In applicable cases, the prize must be used on the dates specified and in the manner directed by 99.7 SEAFM.

5.13 All prizes are accepted entirely at the risk of the winner, and 99.7 SEAFM excludes all warranties in connection with any prize (including representations as to merchantability and fitness for purposes) to the extent permitted by law.

5.14 99.7 SEAFM, its officers, employees, servants, agents, affiliates, sponsors and representatives are not responsible for defective prizes or misuse of any prize, or for any claims, liability, loss or damage (whether foreseeable or not) arising out of or in connection with any 99.7 SEAFM Competition, whether caused by the negligence of any of the aforementioned or not.

5.15 If a specified prize becomes unavailable, 99.7 SEAFM may substitute a replacement prize in its absolute discretion. If the prize involves the winner meeting or attending a function with a celebrity or other figure, 99.7 SEAFM accepts no responsibility or and shall not be liable because of the failure of the winner to meet that person for whatever reason.

5.16 Unless otherwise specified, the class of travel for any travel prize incorporating an airfare is economy class.

5.17 If a person who has entered a 99.7 SEAFM Competition wins a prize in a 99.7 SEAFM Competition, that person is responsible for any and all taxes payable as a result of a prize being awarded or received.

6 General

6.1 99.7 SEAFM may enforce the General Competition Rules and any Specific Competition Rules in its absolute discretion. If 99.7 SEAFM in its discretion decides not to enforce the General Competition Rules or any Specific Competition Rules it will not give rise to any claim by any person.

6.2 99.7 SEAFM reserves the right to regard itself as bound by the General Competition Rules and any Specific Competition Rules as it sees fit and in its absolute discretion.

6.3 99.7 SEAFM may extend the time for, vary or terminate any 99.7 SEAFM Competition at any time in its absolute discretion. In the event of such termination, 99.7 SEAFM may in its absolute discretion elect not to award any prize in respect of the terminated 99.7 SEAFM Competition.

6.4 These General Competition Rules and any Specific Competition Rules may be varied by 99.7 SEAFM at any time. 99.7 SEAFM accepts no responsibility for and will not be liable because of any reliance placed on the General Competition Rules or any Specific Competition Rules before they were varied.

7 Interpretation

Unless the contrary intention appears, a reference in this agreement to:

(a) (variations or replacement) a document (including this agreement) includes any variation or replacement of it;

(b) (clauses, annexures and schedules) a clause, annexure or schedule is a reference to a clause in or annexure or schedule to this agreement;

(c) (reference to statutes) a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;

(d) (law) law means common law, principles of equity, and laws made by parliament (and laws made by parliament include State, Territory and Commonwealth laws and regulations and other instruments under them, and consolidations, amendments, re-enactments or replacements of any of them);

(e) (singular includes plural) the singular includes the plural and vice versa;

(f) (person) except where the context requires otherwise, the word "person" includes a natural person, a firm, a body corporate, a partnership, joint venture, an unincorporated body or association, or any Government Agency, and includes the person's executors, administrators, successors, substitutes (including persons taking by notation) and assigns; and

(g) (dollars) Australian dollars, dollars, A$ or $ is a reference to the lawful currency of Australia;

(h) (calculation of time) if a period of time dates from a given day or the day of an act or event, it is to be calculated exclusive of that day;

(i) (reference to a day) a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later;

(j) (meaning not limited) the words "include", "including", "for example" or "such as" are not used as, nor are they to be interpreted as, words of limitation; and, when introducing an example, do not limit the meaning of the words to which the example relates to that example or examples of a similar kind; and

(k) (Corporations Act) for the avoidance of doubt, a reference to the Corporations Act is a reference to the Corporations Act 2001 (Cth).

8 Jurisdiction and Choice of Law

8.1 While the contents of the Web-Site may be accessed outside Australia it is not directed to or intended to have an effect in any other place.

8.2 The General Terms and Conditions and any Specific Terms and Conditions are to be construed according to the laws applicable in the State of Tasmania, Australia. A person who enters a 99.7 SEAFM Competition irrevocably agrees and submits to the exclusive jurisdiction of the courts of that State.
 

logo bot99.7 Sea FM Scottsdale
North East Tasmanian Radio Broadcasters Pty Ltd
ABN 67 009 477 061

This Tasmanian Broadcasters radio station is a part of the Grant Broadcasters network.