Terms & Conditions
1.
INTRODUCTION
These Terms & Conditions as
well as any Specific Terms & Conditions bind all Entrants. By
entering into a Competition you are accepting both the Terms and
Conditions and the Specific Terms and Conditions. All completed and
valid entries will be accepted into the Competition subject to the
fulfillment of the eligibility requirements in clause
5.
2.
DEFINITIONS
In these Terms and
Conditions:
"Ace Radio" is a general term that for the purposes
of this document refer to ACE Radio Broadcasters Pty
Ltd.
"Competition" means any Competition run by ACE Radio
pursuant to which Prizes of varying kinds may be offered and which is
governed by these rules.
"Terms and Conditions" means the
general Terms and Conditions contained in this
document.
"Entrant" means any person, corporation or other
entity who enters or participates into a Competition run by ACE
Radio.
"Family Member" includes a spouse, parent, child
(whether natural or adopted by either parent) or sibling (whether
natural or adopted).
"Prize" means the Prize for the
Competition as determined by ACE Radio and which may vary from time to
time.
"ACE Radio" means any radio station owned by ACE Radio
Broadcasters Pty Ltd including, MixxFM/3CS (Colac), MixxFM/3HA
(Hamilton), TRFM/GOLD1242 (Gippsland), CoastFM/3YB (Warrnambool), 2AY
(Albury Wodonga), MixxFM/3WM (Horsham), MixxFM/3SH (Swan
Hill).
"Specific Terms & Conditions" means Terms
& Conditions of entry contained within a specific Trade Lottery
Promotion permit acquired for an individual
promotion.
"Website" means any of the websites of owned and
controlled by ACE Radio.
"Winner" includes any Entrant who has
won a Prize in a Competition.
3. INTERPRETATION
In
these Terms and Conditions:
(a) Words of singular number
include the plural and vice versa.
(b) A person includes a
corporation and vice versa.
(c) Words denoting any gender
include all genders.
(d) Headings are for convenience only and
do not affect the interpretation of this Agreement.
(e) Every
provision, express or implied, which applies to more than one person
applies to them jointly and each of them severely.
(f) All
references to currency are in Australian dollars unless otherwise
specified.
4.
DECISIONS ARE FINAL
Each Competition is conducted
by ACE Radio in its absolute discretion (including, without limitation,
decisions in relation to who may enter and who has won a Prize in a
Competition). Any decision made by ACE Radio is binding and conclusive.
All Entrants agree to be bound by and to accept the decision of ACE
Radio.
5. ELIGIBILITY OF
ENTRANTS
5.1 Subject to clause 5.2, any person may enter a
Competition.
5.2 The following persons are not allowed to
enter a Competition:
5.2.1 A person that is not ordinarily an
Australian Resident;
5.2.2 Employees of ACE Radio;
5.2.3 Immediate Family
Members of 5.2.2;
5.2.4 Competitors of ACE Radio.
5.2.5 Persons under the age
of 18 for Competitions where ACE Radio specifies that you must be over
18 years of age to enter.
6. CONDUCT OF
COMPETITIONS
6.1 Each Competition will be conducted in
accordance with these Terms and Conditions and in accordance with the
Specific Terms and Conditions where applicable.
6.2 In the event that these
Terms and Conditions conflict with the Specific Terms and Conditions in
relation to a Competition, the latter shall prevail.
6.3 All entries must be
complete in order to be accepted. Please refer to our privacy policy for
more information in regards to how your personal information is used.
6.4
Entrants may be required to sign a deed or disclaimer releasing ACE
Radio from liability prior to entering a Competition.
6.5 Only one entry per
person is allowed unless otherwise specified in the Specific
Terms and Conditions.
6.6 ACE Radio accepts no responsibility for late,
misdirected or lost entries. Entries are deemed to be received by ACE
Radio upon the entry being received by us. It is your responsibility to
ensure entries are received at ACE Radio before the closing time and
date of the individual promotion unless otherwise
stipulated.
7.
PRIZES
7.1 ACE Radio reserves the right to alter,
substitute or cancel any Prize in an event deemed appropriate or for
reasons beyond our control. If a Prize is unavailable, we will use our
best endeavors to substitute the Prize with one
similar.
7.2 ACE Radio accepts no responsibility for any
changes in the value of a Prize.
7.3 Winners will be contacted at the close of the
Competition by any of the following methods, including but not limited
to telephone, mail, SMS, website, newspaper or in person.
7.4 ACE
Radio does not accept any responsibility for incorrect details affecting
the delivery of the Prize or results of the
Competition.
7.5 Winners must collect their Prize within 21
days from the office of the station being the local radio station where
the winner resides in between the hours of 9am ? 5pm Monday to Friday
excluding Public Holidays and must present correct and current I.D to
collect prize.
7.6 It is the Winner?s responsibility to notify
ACE Radio if they cannot collect their Prize. In this event, ACE Radio
will allow an authorized representative to collect the Prize for you.
They will need to bring identification and you will need to authorize
them in writing to collect the Prize on your behalf.
7.7 A person claiming the
Prize must be the Winner of the Competition (or a person authorized to
collect on behalf of the Winner), must have complied with all the Terms
and Conditions relating to the Competition and must not be prohibited by
any law from using or enjoying the Prize.
7.8 ACE Radio may in its
discretion decide to deliver a Prize to a Winner.
7.9 Prizes are not
transferable or redeemable for cash, except with the written consent of
ACE Radio and at the discretion of ACE Radio.
7.10 Any unclaimed Prize will
be dealt with according to ACE Radio?s discretion.
7.11 In the event that a
Winner is awarded a Prize and it is later discovered that the Winner was
ineligible to enter the Competition under Clause 5, ACE Radio reserves
the right to reclaim the Prize from the Winner by giving any form of
notice to the Winner. The Winner will then need to return the Prize in
its original form to ACE Radio within 14 days. If the Winner fails to do
so, ACE Radio reserves the right to legally claim against the Winner
for the return of the Prize or relevant compensation.
7.12 When a prize is provided
by third party, ACE Radio is indemnified from any obligation or
liability in relation to the prize.
8.
PUBLICITY
8.1 Any Entrant may be required to take part in
promotional activities including but not limited to an interview or a
live air broadcast. All Winners release ACE Radio from any obligation to
compensate the Winner for any promotional activities or publicity
undertaken as a result of being a Winner of that Competition.
8.2 An
Entrant or Winner will not participate in any publicity, media
publication or similar which relates to the Competition or ACE Radio
without the prior written consent of ACE Radio. The decision of whether
or not to grant consent rests solely with ACE Radio.
9.
JURISDICTION AND CHOICE OF LAW
9.1 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.
9.2 The General Terms and
Conditions and any Specific Terms and Conditions are to be construed
according to the laws applicable in the State where the Station is
located. A person who enters a Competition irrevocably agrees and
submits to the exclusive jurisdiction of the courts of that
State.
10.
TAXATION IMPLICATIONS
Taxation liabilities may
arise in respect of any Prize claimed. The Winner is responsible for any
tax payable as a direct or indirect result of the Competition. ACE
Radio is not in any way liable for any tax payable by any Entrant or the
Winner.
11.
INTELLECTUAL PROPERTY
All intellectual property
and ownership rights are forfeited by the Entrant to ACE Radio upon
submission of an entry into a Competition. The ownership of these rights
will remain with ACE Radio solely.
12. RELEASE AND
INDEMNITY
12.1 ACE Radio shall not in any circumstances be
liable for any loss or damage incurred by the Entrant or Winner in
relation to the Competition
12.2 To the full extent allowed by law, the
Winner and Entrants shall indemnify and keep indemnified ACE Radio
against all and any liabilities and claims which arise out of or in
relation to any use made of the Prize by or on behalf of the
Winner.
12.3 To the full extent allowed by law, the
Winner and Entrants shall indemnify and keep indemnified ACE Radio
against all and any liabilities and claims which arise out of or in
relation to entering a
Competition.
13.
SEVERABILITY
Where any clause or part of a clause
is void, illegal or unenforceable then it may be severed without
affecting any other part of this document.
