These standard contest rules apply to all i98FM contests, conducted both on and off air. They may be amended or varied from time to time by the Station. Special rules may apply to particular contests, in which case an addendum to these rules will be made for that contest. Please enquire at the Station for any special rules for contests you wish to enter.
1. TERMS AND CONDITIONS
1.1 The following General Terms and Conditions apply to all i98FM contests, competitions and promotions conducted both on air, off air and online.
1.2 To the extent that there is any inconsistency between the Terms and Conditions Schedule for a specific promotion and these General Terms and Conditions, the Schedule Terms and Conditions prevail.
1.3 These terms and conditions will be displayed as required and are available from reception at i98FM during business hours or on our website www.i98fm.com.au. They may be amended or varied from time to time.
1.4 The “Promoter” WIN Radio Pty Ltd trading as i98FM, Television Ave, Mt St Thomas NSW 2500, ABN: 89 001 287 654
2. CONDITIONS OF ENTRY
2.1 Participation in a competition constitutes the entrant’s unconditional agreement to and acceptance of these Terms and Conditions. The entrant is responsible for ensuring his or her familiarity with the Terms and Conditions for the competition at the time of participation.
2.2 Unless otherwise stated in a Schedule for a competition, each entrant may only enter a competition once.
2.3 A person is ineligible to enter and/or win a competition if:
(a) They are an employee (or an immediate family member of an employee) of the Promoter or of its related bodies corporate, or of the agencies or sponsors and companies associated with the competition.
(b) They are discovered to have used or attempted to use any more than one name in order to qualify to win any competition except in the case of a legal change of name.
(c) The entrant is under the age of 18 years when the prize consists of a vehicle, alcohol, travel or any other prize that the Promoter deems unsuitable for persons under the age of 18 years.
2.4 By entering a competition, entrants undertake to the Promoter that their entry is not, and its use by the Promoter will not, be in breach of any third party intellectual property rights.
2.5 All entrants acknowledge that the Promoter can rely on the Terms and Conditions and in particular, this clause, even if the Promoter only learns of a person's ineligibility after the Promoter has or appears to have awarded the prize to the ineligible person. Return of the prize or payment of its value to the Promoter can be required by the Promoter if this occurs.
2.6 The Promoter may specify health, fitness or other requirements for entry if a competition requires any form of participation on the part of the entrant or other persons. Such requirements will be determined by the Promoter at its discretion with regard to the health and safety of all participants.
2.7 The Promoter may at its discretion withdraw or exclude any person from a competition or participation in any prize based on that person’s health or medical history.
2.8 It is a condition of entry that the Promoter has the right to publicise, broadcast and communicate to the public the names, characters, likenesses, photos, images or voices of any entrants for any competition or matter incidental to a competition.
2.9 Entrants consent to their entry being read out on air and/or to their telephone and other conversations with the Promoter being broadcast on air and communicated to the public on the website/s and/or social media pages.
2.10 Each entrant must ensure that any other person whose details have been provided by the entrant to the Promoter for the purposes of the entrant’s participation in a competition, has given their implied or express consent for their details to be provided to the Promoter to be contacted in relation to the competition.
3. METHOD OF ENTRY
3.1 The competition will be conducted during the competition period specified on-air, online or in any other manner decided upon by the Promoter. To enter the competition entrants must, during the Competition Period, follow the entry method specified by the Promoter.
3.2 The Promoter is not responsible for lost, incomplete, incorrectly submitted, delayed, corrupted, interrupted entries, claims or correspondence or unavailable network server or other connections, failed telephone, mid-delivery or computer transmissions or other errors of any kind, whether due to traffic congestion, technical malfunctions, whether human, mechanical or electronic. The Promoter reserves the right to not accept any entries of the above nature and no correspondence will be entered into.
3.3 Entries via SMS or email are deemed to be received at the time of receipt into the Promoter’s database not at the time of transmission by the entrant.
3.4 If the competition involves entry via a competition phone line, the maximum cost of a call to the competition 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.
4. DRAW AND JUDGING
4.1 The competition will 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.
4.2 If the competition 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.
4.3 Entries that, in the Promoter’s judgment are offensive, defamatory or otherwise objectionable or inappropriate or that infringe any third party rights will be invalid.
4.4 When applicable, contestants may at the absolute discretion of the Promoter, be awarded prizes off air.
4.5 The decision of the Promoter will be final in determining the winner of each competition. This will include but not be limited to, adjudicating on whether answers to quizzes are correct or otherwise and in the event of a tie or draw in a competition, determining at its discretion which entrant shall be declared the winner.
4.6 The Promoter reserves the right to giveaway hints and clues via radio, social media, online, television, print or other.
5. LINE DROP OUT AND INABILITY TO CONTACT
5.1 If in the course of a telephone call related to participation or entry in a competition, the telephone line drops out or breaks up the Promoter may proceed to another caller. In such an event, the Promoter will not be responsible for the awarding of any prize to the caller whose line dropped out or broke up.
5.2 If a contestant or winner is not successfully contacted in a telephone call or attempted telephone call by the Promoter related to participation or entry in the Promotion (including where a third party answers the telephone on the contestant or winner’s behalf) the Promoter reserves the right to disqualify that person and a replacement contestant or winner (whichever is applicable) can be selected by the Promoter at its discretion.
6.1 If chance plays a part in a promotion, no individual prize will exceed $10,000 in value.
6.2 All prize items are valued based on recommended retail pricing inclusive of GST and the Promoter takes no responsibility for any variation in item values.
6.3 The Promoter makes no representations or warranties as to the quality, suitability or merchantability of any goods or services offered as prizes.
6.4 Where a prize involves the winner:
(a) Attending an event, if any part of the event is abandoned, called off, varied including dates or venues or postponed for any reason, then at the Promoter’s discretion, the relevant winner (and their companion/s, if applicable) forfeits all rights to attend the relevant event and no cash or alternative tickets will be substituted for that element of the prize; and/or
(b) Meeting or attending a function with a celebrity or other public figure, the Promoter will not be liable for the failure of the winner (and their companion/s, if applicable) to meet that person or failure of that person to attend the function, for whatever reason.
6.5 If a prize comprises vouchers, then all vouchers will be subject to the terms and conditions of the provider of the vouchers and the expiry date specified by the provider of the voucher.
6.6 Any prize comprising accommodation will be for accommodation costs only and does not include additional charges (such as mini bar, in-room entertainment, dry cleaning, room service or other additional charges) unless additional room service or other related charges are expressly stated to be included in the Schedule for the Promotion.
6.7 Where a prize includes travel, it is the responsibility of the winner to take out appropriate travel and related insurance at their own cost. All travel is at the entrant’s own risk and the Promoter accepts no liability or responsibility whatsoever in respect of loss or injury caused during such travel. Failure for any reason to utilise a prize comprising travel within the specified dates will result in the forfeiture of the prize. Unless otherwise specified, the class of travel for a travel prize incorporating an airfare is economy class.
6.8 If a prize includes overseas travel, then unless otherwise specified in a Schedule for the Promotion, the prize will exclude applicable Government taxes and charges. It is the responsibility of the entrant to ensure they and any accompanying persons hold valid passports and comply with all legal and regulatory requirements for the travel component of any prize.
7. PRIZE CONDITIONS
7.1 Winners understand and agree that they are liable for any tax or taxes incurred on prizes awarded or received.
7.2 Where a prize is unavailable for any reason, the Promoter may substitute for that prize another item of equal or higher value as determined by the Promoter at their discretion.
7.3 Prizes and participation in all competitions are subject to any conditions imposed by the supplier or organiser of the prize, as applicable.
7.4 No prize is transferable or exchangeable, nor can it be redeemed for cash unless specified by the Promoter. In the event for any reason a winner does not take or use an element of any prize at the time stipulated by the Promoter or otherwise, then that element of the prize will be forfeited by the winner and cash will not be supplied in lieu of that element of the prize. The Promoter accepts no responsibility for any variation in prize value.
7.5 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 guardian and require that that person be accompanied by a parent or legal guardian while collecting or utilising the prize.
8.1 All prize winner(s) will be notified either:
9. PRIZE COLLECTION
9.1 All prizes, unless otherwise specified, must be claimed in person from the Promoter, at i98FM Television Ave, Mt St Thomas NSW 2500, within three (3) months from the date of winning. Proper photo identification is required.
9.2 The Promoter will make attempts to contact winners to ensure collection of their prize within the three (3) month period. Non-perishable prizes unclaimed after a period of three (3) months will be treated as forfeited, and will be redistributed into the prize pool of the radio station and used for alternative competitions.
9.3 If a prize is mailed to an entrant by the Promoter, the Promoter shall not be responsible for any replacement or compensation if the prize is lost or is delayed in the post, for example, tickets arrive after the scheduled event. It is at the sole discretion of the Promoter whether or not to mail any prize.
9.4 If a prize is to be collected from a location different to the one specified above, it is up to the prize winner to arrange transport and collection of the prize. The Promoter will not be responsible for any costs incurred to transport the prize, or if the prize is damaged or destroyed during collection or transportation.
10. RELEASE AND INDEMNITY
10.1 To the extent permitted by law, all entrants release from, and indemnify the Promoter, its agencies, affiliates, sponsors and representatives against all liability, cost, loss or expense arising out of acceptance of any prize(s) or participation in any competition including (but not limited to) loss of income, loss of opportunity, personal injury or death and damage to property, whether direct or consequential, foreseeable, due to some negligent act or omission or otherwise.
10.2 The winner may, at the option of the Promoter, be required to sign a form of indemnity as a pre-condition of entitlement to the prize. If a winner is under the age of 18, their parent/guardian will need to sign the indemnity and consent to the winner's participation and acceptance of the prize(s).
10.3 Failure to sign the releases and indemnities, as requested by The Promoter, will result in the entitlement to the prize being forfeited and the selection of another winner.
11.1 The Promoter, at its sole discretion, reserves the right to disallow a person from entering a competition run by The Promoter for 30 days, from the date of notification, if the person has previously won a prize as a part of the same competition, or prizes from the Promoter valued either individually or collectively at more than $150.
11.2 The Promoter reserves the right, in its sole discretion, to disqualify any individual for:
(a) Tampering with the entry process, including exceeding any limitation on the numbers of entries, or any other process as determined by the Promoter that in any way affects the fairness of a competition;
(b) Tampering with the operation of a competition or any web site of the Promoter or associated with a competition;
(c) Acting in violation of these Terms and Conditions; or
(d) Acting in an unsportsmanlike, disrespectful, unsafe or disruptive manner.
11.3 The Promoter encourages consumers to enjoy alcohol responsibly. Legal aged consumers are advised to consider the safe drinking levels recommended in the National Health and Medical Research Council Australian Alcohol Guidelines. A full version of the Guidelines is available at http://www.alcoholguidelines.gov.au/.
11.4 If an entrant selected as a winner is found to be in breach of these Terms and Conditions a new winner may be selected and, in the event that the entrant in breach has been awarded a prize, the entrant may be required to return the prize or reimburse the value of the prize to the Promoter.
12. PUBLICITY & PERSONAL INFORMATION
12.1 Entrants may be required by the Promoter to participate in photo, recording and/or video session(s) and acknowledge that the Promoter has the right to use such publicity materials in any medium and in any reasonable manner it sees fit without compensation or notification.
12.2 Entrants also acknowledge that the publicity materials may be provided to the prize provider for the purposes of promotional display.
12.3 By entering this competition, entrants consent for the Promoter to contact entrants using the information supplied for future promotional and marketing purposes regarding their products and services.
12.4 The Promoter will not share any personal information provided by the entrant with any third parties without their consent.
14. SOCIAL MEDIA
14.1 Where the competition is communicated on Facebook / Instagram / Twitter or any other social media site, entrants and participants in the competition acknowledge that the competition is in no way sponsored, endorsed or administered by, or associated with the social media host site. Entrants and participants in the competition release these hosts and its associated companies from all liability arising from the competition. Entrants provide their information to the Promoter and not to the host.
14.2 The Promoter reserves the right to share any images or text submitted by the entrant on its own social media pages. By entering a competition on the Promoters social media pages, the entrant is bound by the Terms and Conditions outlined in this document.
15.1 Subject to the regulatory requirements, the Promoter may at its discretion, vary the Terms and Conditions of a promotion or terminate a promotion completely.
16. FINAL DECISIONS
16.1 All decisions and actions of the Promoter relating to the Promotion and/or redemption of the prizes are exercised accordingly at its absolute discretion and are final. No discussions or correspondence with entrants or any other person will be entered into.
16.2 A failure by the Promoter to enforce any one of these terms and conditions in any instance(s) will not give rise to any claim or right of action by any other person or entrant.
17.1 Whilst Win Radio Pty Ltd trading as i98FM (i98FM) reserves the right to promote events, functions and competitions, those who enter or participate in events, functions and competitions associated with i98’s promotional activities do so at their own risk. Participants voluntarily and fully assume all risks related in any way to COVID-19 for their attendance or participation in events, functions and competitions. Participants hereby irrevocably and forever agree to indemnify, defend, and hold harmless i98FM, its employees, officers, directors, shareholders, agents, parent, subsidiary and affiliated companies, insurers, benefit plans, members, successors, and assigns (collectively, “Released Parties”), jointly and severally, in their individual and agency capacities, from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including legal fees) arising directly or indirectly from, or related in any way to, any claims made by or on behalf of any participant for bodily injury, death, loss of use, monetary loss, or any other injury from or related to COVID-19. Participants hereby release, waive and discharge any claims, demands, damages, expenses, losses or liabilities (including legal fees) against the Released Parties for any injury, illness, death or monetary loss relating in any way to COVID-19 in connection with any events, functions and competitions.
Download a copy of these terms and conditions here.