1. General Competition Rules
1.1 Radio Murray Bridge Pty Ltd (ABN 25 087 293 605) (3RBA) operates as 5MU. 5MU 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) ("5MU Competition").
1.2 These rules say who is eligible to enter a 5MU 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 5MU Competitions ("Specific Competition Rules"). Any Specific Competition Rules applicable to any particular 5MU Competition will be posted on www.powerfm.com.au/ballarat ("Web-Site") and available upon request from 5MU reception, during normal business hours, located at 56 Lydiard Street North, Ballarat.
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 5MU 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 5MU Competition will be conducted by 5MU in its absolute discretion (including, without limitation, decisions in relation to who may enter and who has won a prize in a 5MU Competition). A decision of 5MU is binding and conclusive and will not be challenged on the grounds that 5MU failed to act reasonably, fairly, in good faith or otherwise in accordance with the principles of procedural fairness. A decision of 5MU will not be challengeable even if it can be demonstrated that 5MU made a decision which was wrong, based on a factual error or an irrelevant or irrational consideration. It is not the policy of 5MU to enter into negotiations with any person who challenges a decision of 5MU.
3 Eligibility
3.1 Any person may enter a 5MU Competition, except for the following:
(a) a person who has previously submitted an entry in that particular 5MU Competition;
(b) an employee, officer, servant, agent or associate (as defined in section 9 of the Corporations Act) of 5MU, 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 5MU, in the absolute discretion of 5MU;
(f) a person who within the 30 days prior to the day on which the 5MU Competition was first announced has won a prize in a 5MU 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 5MU Competition was first announced has won a prize in a 5MU 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 5MU Competition was first announced has won a prize in a 5MU Competition conducted earlier in time the value of which is greater than or equal to $10,000;
(i) a competitor of 5MU 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 5MU 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 5MU in South Australia on AM radio frequency 1125 KHz 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 5MU Competition includes a prize won in more than one 5MU Competition conducted during the relevant time period; and
(iii) 5MU will, in its absolute discretion, determine the value of the prize won by a person in a 5MU Competition during a time period.
(c) For the purpose of clause 3.1(i) a person will be taken to be a competitor of 5MU or any of its related bodies if that person competes (directly or indirectly) for listeners of, or advertisers with, 5MU or a related body corporate of 5MU, 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) 5MU Competition for which he or she is ineligible, even if by the oversight of 5MU or for any other reason an entry submitted by that person is accepted or received by 5MU; or
(ii) any prize awarded in relation to 5MU 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 5MU to return, refund or otherwise make restitution of any prize awarded to that person by 5MU in relation to 5MU Competition for which he or she is ineligible.
3.4 5MU 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 5MU Competition for which he or she is ineligible.
4 Competition Entries
4.1 5MU may in its absolute discretion accept entries in a 5MU 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 5MU (in its absolute discretion) thinks fit.
4.2 5MU may prescribe the means by which it will accept entries in a particular 5MU Competition in any Specific Competition Rules applicable to that 5MU Competition. 5MU is under no obligation to accept entries by any or all of the means described in clause 4.1. The fact that 5MU 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 5MU Competition when he or she:
(a) is connected by telephone line to 5MU;
(b) successfully transmits a facsimile to 5MU;
(c) sends an e-mail to 5MU;
(d) sends a SMS message to 5MU; or
(e) submits an entry form over the Web-Site,
as the case may be, for the purpose of entering the relevant 5MU Competition.
4.4
(a) A person who enters a 5MU Competition:
(i) may be required by 5MU in its absolute discretion to participate in any promotional activities selected by 5MU in its absolute discretion for the benefit of 5MU (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 5MU, its operations, its related bodies corporate or a 5MU Competition without the prior written consent of 5MU.
(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 5MU, its operations, its related bodies corporate or the 5MU Competition.
4.5 A person who has entered a 5MU Competition acknowledges that 5MU 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 5MU Competition) in any medium and in any manner it sees fit.
4.6 5MU Competition entries and material submitted in connection with any 5MU 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 5MU Competition, together with any intellectual property rights associated with them, are at all times the property of 5MU. 5MU 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 5MU.
4.7 5MU may publicise, broadcast or otherwise disclose the name, character, likeness, statements or any recording of the voice of a person who enters a 5MU Competition in advertising or promotional activities concerning a 5MU Competition, or for any other purpose. 5MU may promote or advertise that a winner has won a prize in a 5MU Competition in any form and in any medium it thinks fit.
4.8 If in the course of a 5MU 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 5MU Competition,
5MU, in its absolute discretion, may:
(d) disqualify the relevant person from the 5MU 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 5MU Competition:
(a) 5MU will not be responsible for awarding a prize to that person; and
(b) the decision of 5MU will be final and conclusive and no discussion or correspondence will be entered into.
4.10 A person who enters a 5MU 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 5MU. 5MU will treat any Personal Information obtained from a person who enters a 5MU Competition in accordance with its Privacy Policy. 5MU 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 5MU.
4.11 A person who enters a 5MU Competition releases from and indemnifies 5MU from and against, all liability, cost, loss or expense arising out of acceptance of any prize or participation in any 5MU 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 5MU Competition will be awarded in the absolute discretion of 5MU. For the avoidance of doubt, a decision in relation to a prize in a 5MU Competition is subject to clause 2.
5.2 It is a condition to claiming a prize in a 5MU Competition that the person claiming the prize:
(a) is eligible to enter 5MU Competition to which the prize relates under clause 3.1;
(b) is announced by 5MU as the winner of that prize in South Australia on AM frequency 1125 KHz or on the Web-Site or through any other means;
(c) demonstrates to the satisfaction of 5MU 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 5MU under the General Competition or any Specific Competition Rules which apply to that 5MU 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 5MU 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 5MU 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, 5MU 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. 5MU 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 5MU at 5MU's operating headquarters unless the winner is otherwise advised by 5MU.
5.6 In exceptional circumstances, 5MU may elect in its absolute discretion to deliver the prize to the winner by post or courier. However, no responsibility will be accepted by 5MU 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 5MU 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 5MU 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 5MU 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 5MU 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 5MU, the winner of a prize under a 5MU 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 5MU releasing and indemnifying 5MU in respect of any liability of 5MU in connection with the 5MU 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 5MU 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 5MU; and
(c) execute a Deed of Release and Indemnity in a form prescribed by 5MU in respect of any liability of 5MU in connection with the 5MU 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 5MU 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 5MU.
5.13 All prizes are accepted entirely at the risk of the winner, and 5MU 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 5MU, 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 5MU Competition, whether caused by the negligence of any of the aforementioned or not.
5.15 If a specified prize becomes unavailable, 5MU 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, 5MU 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 5MU Competition wins a prize in a 5MU 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 5MU may enforce the General Competition Rules and any Specific Competition Rules in its absolute discretion. If 5MU 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 5MU 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 5MU may extend the time for, vary or terminate any 5MU Competition at any time in its absolute discretion. In the event of such termination, 5MU may in its absolute discretion elect not to award any prize in respect of the terminated 5MU Competition.
6.4 These General Competition Rules and any Specific Competition Rules may be varied by 5MU at any time. 5MU 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 Victoria, Australia. A person who enters a 5MU Competition irrevocably agrees and submits to the exclusive jurisdiction of the courts of that State.
