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Win $50,000 cash and a Mazda 3 and Adele Vegas tickets

Win $50,000 cash and a Mazda 3 and Adele Vegas tickets
Nova
Added: 13-Jan-22
Closes: 28-Jan-22
1 Schedule and Terms of Entry
(a) These Terms of Entry must be read together with the
Schedule for this Promotion. The Schedule defines certain
terminology used in these Terms of Entry. By entering the
Promotion, entrants accept these Terms of Entry.
(b) To the extent of any inconsistency between the Schedule
and these Terms of Entry, the Schedule prevails. For the
avoidance of doubt, the Promoter’s General Terms of Entry
(available on the relevant Website) do not apply to this
Promotion.
2 Eligible Entrants
(a) Eligible States and Territories. Entry is open only to residents of
the Eligible States and Territories specified in the Schedule
(refer to checked boxes) who comply with the Age
Restriction.
(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 this 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 this Promotion is
ineligible to enter this Promotion.
(d) Previous Winnings. A person is ineligible to enter this
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
companion is unable to obtain a relevant visa or travel document, and/or is refused entry into the
relevant country, the winner may forfeit the travel voucher and concert tickets component of the
Major Prize, in the sole and absolute discretion of the Promoter.
14. Total Prize Value Up to $100,000 AUD (incl GST)
15. Notification of
Winners
Clause 17
Winners will be notified by one or more of the following by 6:00PM AEDT Friday 28 January 2022
? mail ? email ? telephone ? in person ? on-air at the time of winning ? Website(s) ? social media
16. Publication of
Winners
Clause 17
Winners will be published on the Website by: Tuesday 1 February 2022
17. Prize Claim Date
Clause 18
Prizes must be claimed by 6:00 PM AEST Friday 29 April 2022
18. Unclaimed Prize
Draw
Clause 18
The unclaimed prize draw will be conducted at 9:00AM Monday 2 May 2022.
19. Prize Delivery
Clause 8
Cash prize will be electronically transferred to the winner's nominated bank account via electronic
funds transfer.
The Promoter will arrange pick up or delivery of the vehicle (dependant on availability) with the winner
directly.
The travel voucher and tickets will be provided to the winner via email.
20. Additional
Conditions
N/A
or controlled by Nova Entertainment Pty Ltd in the thirty (30)
days prior to the commencement of the Promotion Period or
during the Promotion Period.
(e) Correct Information. Entrants must only register in their own
name. Any entries of an entrant who is deemed by the
Promoter to have provided incorrect, misleading or
fraudulent information may, at the sole discretion of the
Promoter, be deemed invalid.
(f) Proof. The 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 during the Promotion Period. Entries
must be received by the Promoter during the Promotion
Period. Entrants may submit up to the Maximum Number of
Entries.
(b) SMS Entry. If this Promotion involves SMS entry, the maximum
cost of each SMS is 55 cents (inc 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 this Promotion involves entry via a promotion
phone line, the maximum cost of a call to the promotion
phone line is 55 cents (inc 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 this 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 this 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) Smart Speak Entry. If this Promotion is conducted or involves
entry via a smart speaker (ie. a wireless speaker and voice
command device with an integrated virtual assistant such as
Google Assistant or Amazon Alexa) (Smart Speaker Platform),
the following will apply:
(i) entrants must register with the relevant Smart Speaker
Platform and where applicable, link such account to
the Nova ‘Skill’ or ‘Action’ prompting voice entry to the
Promotion;
(ii) entrants acknowledge Nova is not responsible for and
has no control over the availability of the Promotion
and voice entry mechanism on the Smart Speaker
Platform;
(iii) entrants acknowledge the Smart Speaker Platform
maintains control over technical availability and any
suspension or delay of the service or Promotion on the
relevant platform; and
(iv) entrants acknowledge that the Promotion is in no way
sponsored, endorsed or administered by, or associated
with, the relevant Smart Speaker Platform.
(g) 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 and Draw Details
(a) The draw/s will be conducted in accordance with the Draw
Details. The Prize will be awarded to a valid entrant or
entrants (as applicable) randomly drawn in accordance
with the Draw Details and Prize details specified in the
Schedule.
(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).
5 Use of Entries
(a) By entering this Promotion, an entrant consents to their voice,
name, image, location, content of their entry and any other
information submitted to the Promoter being broadcast onair and/or published in any form of media by the Promoter,
the Promotion’s prize supplier, Smart Speaker Platform (if
applicable), hosting and online platform providers or
technical providers (such as Wayin) 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 this 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 this 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 this 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 in the Schedule 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 within the time specified, 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. The Promoter’s decision as to
the result of the Challenge is final and no correspondence
will be entered into.
8 Prize (General)
(a) General. The Prize for this Promotion is specified in the
Schedule and the total prize value is specified in the Total
Prize Value section of the Schedule.
(b) If Prize winner is under 18 years of 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 guardian (who is aged over 18
years).
(c) 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.
(d) 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.
(e) 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 this 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.
(f) Prize Delivery. Prizes will be provided by the Promoter to the
winner as stated in the Prize Delivery section of the Schedule.
9 Events
If the Prize includes any events, the following terms will apply:
(a) I.D to enter the venue is required. The venue reserves the
right to refuse any person entry into the venue, including, but
not limited to, those who appear drunk or intoxicated;
(b) Dress standards apply (at the discretion of the venue);
(c) The Promoter will not be liable and takes no responsibility for
any refusal of entry by the venue of any person for any
reason; and
(d) Responsible services of alcohol laws will be strictly enforced.
10 Cash Prize
Prize will be electronically transferred into the prize winner's
nominated Australian bank account (or to the nominated
bank account of the winner’s parent/guardian if the winner
is under 18 years of age).
11 Apple Products
If the Prize includes an Apple product, entrants acknowledge
that Apple is not a participant in or sponsor of this Promotion.
12 Travel Prize
If the Prize includes any travel, the following terms and
conditions will also apply (where applicable):
(a) Blackout periods. If the Prize includes international or
domestic travel, the Prize cannot be taken during peak
periods or any travel ‘blackout’ periods applying which will
be specified by the Promoter or applicable prize provider,
and must be booked and completed as specified by the
Promoter and/or the prize provider or organiser of the Prize.
(b) Travel dates. All travel must be taken or completed by any
dates specified by the Promoter and/or prize supplier and is
subject to availability. If the Prize is event based, travel must
be taken to coincide with the relevant event on the dates
specified by the Promoter.
(c) Travel and accommodation subject to availability. Any travel
and accommodation constituting part of a Prize (if
applicable) are subject to booking availability, availability of
select seat class with airlines or specific room category
availability with accommodation partner. All costs
associated with a travel Prize which are not specified to be
included in the Prize, including but not limited to any transfer
costs (including transport to and from the airport), meals,
taxes, insurance and all other ancillary costs, are the
responsibility of the winner and their companion/s (if
applicable).
(d) Travel insurance, visas and vaccinations. The winner and any
travelling companions (if applicable) are responsible for
obtaining all necessary valid travel insurance, documents to
travel to the relevant country (including a current passport
and visas, if required) and any vaccinations. The winner
should consult the Embassy or Consulate of that jurisdiction
for up-to-date information to ensure they can obtain the
required visa prior to travel, in order to accept the Prize. If the
winner and/or their companion is unable to obtain a
relevant visa or travel document, and/or is refused entry into
the relevant country, the winner may forfeit the Prize, in the
sole and absolute discretion of the Promoter.
(e) Cancellation, changes, delays, rescheduling etc. The
Promoter is not responsible for any cancellation, changes,
delay or rescheduling of events, travel, activities and flights
and any costs incurred as a result (including, without
limitation, accommodation costs) will be the sole
responsibility of the winner and its companions. In the event
that one or more event or activity is no longer available, the
remainder of the prize shall constitute the complete and
total Prize.
(f) Organising travel and transfers. Unless otherwise specified in
the Prize section above, it is the winner's responsibility to
organise transport to/from the airport departure/return point.
(g) Third party terms and conditions. Redeeming the prize and
any tickets, passes or vouchers issued as part of the Prize is
conditional on acceptance of terms and conditions as
detailed by the Promoter, any prize providers and the airline
carriers in accordance with normal travel practices.
(h) Credit card and expenses. The winner and/or their
companions must have a valid credit card. Any spending
money, meals, additional activities and any other ancillary
costs, including but not limited to insurance and any
applicable insurance excesses, not listed in the Prize section
above are the responsibility of the winner and his/her
nominated companion (if any) as incurred.
(i) Amendments and alterations to travel. Regarding travel, the
Prize cannot be amended or altered. If, in the Promoter’s
sole and absolute discretion, an amendment or alteration to
the travel booking is permitted, the winner is responsible for
any amendments fees issued by airlines or other prize
suppliers as a result of an action of the winner and/or their
companion, once booking is confirmed and ticketed.
(j) Travel components taken together. The prize winner and their
companion must travel together and participate in the Prize
together at all times. All components of the travel Prize must
be taken together and when offered or are forfeited. Any
element of the Prize not taken will be deemed to be
forfeited.
(k) Missed flights, etc. If the winner and/or their companions miss
any of the arranged flights or any other travel component,
the winner will forfeit the Prize (at the Promoter’s sole and
absolute discretion).
If the Prize includes any international travel, the following terms
and conditions will also apply (where applicable):
(l) Valid and current passport. The winner and their companion
(if any) must hold a passport (which is current and valid at
the time of entering the Promotion) with at least six (6)
months validity from the travel date of the Prize. The winner
and their companion must provide a copy of their passports
at the time of winning to verify the validity. If the winner
and/or their companion do not supply their passports as
requested, the winner will forfeit the Prize as determined by
the Promoter in the Promoter’s absolute and sole discretion.
(m) Mobile phone. Winners must have a mobile phone with them
at all times during their participation in the Prize, and they
must be able to make and receive calls while in overseas
locations via global roaming. All costs of the winner’s mobile
phone will be the responsibility of the winner. The Promoter
takes no responsibility for any additional costs associated
with a winner taking or using a mobile phone during the
Prize, including but not limited to all call, data and roaming
charges.
(n) Comply with reasonable directions. The prize winner and
their companions must follow all reasonable directions given
by the Promoter and any prize supplier during the course of
their participation in the Prize, including all directions in
relation to health, age, behaviour, safety and legal and
responsible consumption of alcohol. No compensation will
be payable if the winner and/or their companions are
unable to use any element of the Prize as stated for
whatever reason, including refusal of entry or departure into
or out of the relevant country or participation in any other
activities for health, age, behaviour or safety reasons. If the
winner or their companions fails to participate in the Prize in
the manner required, as stated in this condition and/or in the
reasonable opinion of the Promoter or any prize supplier, the
balance of the Prize will be forfeited with no compensation
payable.
13 Vehicle Prize
(a) If the Prize includes any vehicle (Vehicle), including a motor
vehicle/motorcycle/motor scooter/boat or any other
vehicle, the Prize does not include any insurance or
accessories not specified. The prize winner must provide all
information and sign all documentation necessary to enable
the Promoter or prize supplier to register the Vehicle in the
name of the prize winner prior to collection. To be eligible to
claim the Vehicle, the prize winner must be capable of
obtaining registration of the Vehicle in his or her name in
accordance with any applicable legislation in the Eligible
States and Territories in which the Vehicle is collected.
(b) If the prize winner is, through any legal incapacity or
otherwise, unable to register the Vehicle in his or her name
then he or she may assign the Vehicle to another person with
legal capacity for the purpose of registration of the Vehicle.
14 Events and Meet & Greets
(a) If the Prize involves the winner and any companions (if
applicable) attending an event, if any part of the event is
abandoned, called off, varied or postponed for any reason,
then at the Promoter’s discretion, the relevant winner (and
their companions, 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.
(b) If the Prize involves the winner and any companions (if
applicable) attending an event, 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
companions, if applicable) to meet that person or failure of
that person to attend the function, for whatever reason.
15 Vouchers and Tickets
(a) If the Prize includes vouchers, all vouchers are valid until the
voucher expiry date as specified on the voucher or by the
provider of the voucher. Vouchers are subject to the
conditions stipulated by the provider of the voucher.
(b) If the prize includes tickets, all tickets are valid for the date or
period as indicated on the tickets. Tickets are subject to the
conditions stipulated by the provider of the tickets.
16 Publicity
(a) Entrants must, at the Promoter’s request, participate in all
promotional and publicity activity in connection with this
Promotion or the winning of any Prize, free of charge, and
sign any additional documents reasonably required by the
Promoter to give effect to this condition.
(b) An entrant consents to the Promoter, its promotional
partners, prize suppliers and its related bodies corporate
using the entrant’s name, likeness, entry, image and/or voice
in any media for an unlimited period of time without further
notification, remuneration or compensation for any purpose
in connection with the Promotion.
17 Notification and Publication of Winners
The winner/s will be notified and their name and state of
residence will be published as stated in the Notification of
and Publication of Winners section of the Schedule.
18 Prize Claim Date and Unclaimed Prize Draw
(a) If any Prize is not claimed by the Prize Claim Date, the
Promoter reserves the right to conduct further draws to
determine a winner for that Prize as stated in the Unclaimed
Prize Draw section of the Schedule.
(b) If a Prize is no longer capable of being redeemed, the new
winner/s will receive a Prize, as determined by the Promoter,
of equivalent value (as if the original Prize had been
awarded to that person, less any administrative expenses
incurred by the Promoter), subject to the approval of the
relevant authorities in the Eligible States and Territories, if
required. If no details are specified in the Unclaimed Prize
Draw section of Schedule, any unclaimed Prize (or part
thereof) will be distributed at the Promoter’s discretion.
19 Risks, Health, Criminal History and Safety
(a) The winner and their companions must be in good health
and must not have any pre-existing medical conditions that
would prohibit them from flying, using and participating in
the Promotion, Challenge or Prize (where applicable). The
prize winner and their companions must declare to the
Promoter and/or any Prize supplier any health-related issues
that may affect their safe participation in any part of the
Promotion, Challenge or Prize (where applicable) and obtain
a written clearance from their doctor in this respect.
(b) The winner and their companion may be required to attend,
undergo and pass any appropriate training, briefings, safety
demonstrations, requisite medical tests and other
requirements of the Promoter and any partnering clients as
determined by them in their absolute discretion.
(c) Entrants acknowledge that there may be inherent risks in
some aspects of the Promotion, including without limitation
any Challenge involved in this Promotion or the Prize, and
that participation in the Promotion and/or using the Prize
may involve participating in dangerous activities. By entering
this Promotion and/or accepting the Prize, entrants accept
that risk.
(d) In order to participate in this Promotion, any Challenge
and/or the activities which may be awarded as part of the
Prize, the winner (and their companion/s, as applicable)
must comply with applicable height, weight, health, fitness,
skill, balance, dexterity and any other requirements normally
associated with the particular activity.
(e) It is the entrant’s responsibility to ensure that they (and their
companion/s, as applicable) are sufficiently healthy and fit
so as to safely participate in this Promotion, any Challenge
and/or undertake the activities awarded as part of the Prize.
(f) The Promoter (upon consultation with any relevant qualified
person) reserves the right to deem that an entrant/winner (or
their companion/s, as applicable) is not sufficiently healthy or
fit for the purposes of the Promotion, Challenge or Prize
(where applicable). The entrant/winner must comply with all
requirements and directions of the people responsible for the
conduct of the relevant activity and must ensure that their
companion/s also comply, if applicable.
(g) The prize winner and a companion consent to the Promoter
conducting a criminal record check prior to their
participation in the Prize. The Promoter may, in its sole and
absolute discretion, refuse the prize winner and/or their
companion’s participation in the Prize, if the prize winner
and/or their companion have a criminal record or any
criminal charges pending. In these circumstances, the prize
winner and/or their companions will forfeit all claims in
relation to the Prize.
20 Disqualification
(a) Compliance with Terms of Entry. If the Promoter becomes
aware after an entrant has won a Prize that the entrant has
not complied with these Terms of Entry, that entrant will have
no entitlement to the Prize, even if the Promoter has
announced them as a winner. That entrant will be required
to return, refund or otherwise make restitution of the Prize.
(b) Behaviour. The Promoter reserves the right to disqualify the
winner or their companions, prohibit the winner’s or their
companions’ participation in the Prize (or part thereof), or
otherwise cease to provide any prize benefit to the winner or
their companions, if:
(i) the winner or their companions act in a way,
or cause material to be published, which the Promoter
in its sole discretion deems to be inappropriate,
aggressive, defamatory, offensive, or contrary to law or
the rules (if any), to diminish the good name or
reputation of any prize supplier and/or the Promoter, its
products and/or services or any of its related bodies
corporate, or is otherwise not in keeping with the spirit
of the Promotion;
(ii) it reasonably believes the winner or their companions
pose a safety risk or for any other reason; and (b) may
cancel the relevant component of the Prize if the
conditions are deemed dangerous including for
reasons of health, age, behaviour or safety reasons; or
(iii) the winner and/or its companions are under the
influence of drugs or alcohol.
(c) Tampering. The Promoter reserves the right to verify the
validity of any entries and in its sole discretion, disqualify any
or all entries from, and prohibit further participation in this
Promotion by, any person who: (a) tampers with or benefits
from any tampering with the entry process or with the
operation of the Promotion; (b) acts in violation of these
Terms of Entry; (c) acts in a disruptive manner; (d) acts with
the intent to annoy, abuse, threaten or harass any other
person; or (e) engages in any unlawful or other improper
misconduct calculated to jeopardise the fair and proper
conduct of the Promotion. The Promoter’s legal rights to
recover damages or other compensation from such an
offender are reserved.
(d) For the avoidance of doubt, the winner can be disqualified
after the winner is notified and published under this Clause
20. Failure by the Promoter to enforce any of its rights at any
stage does not constitute a waiver of those rights. No
compensation will be payable if the winner or their
companion are unable to use any element of the Prize for
whatever reason.
21 Indemnity Form
If requested by the Promoter, any entrant and companions
(where applicable) must sign an indemnity and exclusion of
liability form provided by the Promoter prior to participating
in any activities in connection with the Promotion or prior to
taking a Prize. Failure to do so means the Promoter may
deem that entry invalid.
22 Exclusion of Liability
(a) The Promoter, its promotional partners, prize supplier and
their related bodies corporate will not be liable for any direct
or indirect loss (including, without limitation, special or
consequential loss or loss of profits), expense, damage,
personal injury or death which is suffered or sustained
(whether or not arising from any person’s negligence) in
connection with this Promotion or accepting or using any
Prize, except for any liability which cannot be excluded by
law (in which case that liability is limited to the minimum
allowable by law).
(b) Without limiting the previous paragraph, the Promoter and its
associated agencies and companies will not be liable for
any damage to or delay in transit of Prizes.
(c) The Promoter accepts no responsibility for late, lost,
incomplete, incorrectly submitted, delayed, illegible,
corrupted or misdirected entries, claims or correspondence
whether due to error, omission, alteration, tampering,
deletion, theft, destruction, transmission interruption,
communications failure or otherwise.
(d) The Promoter has no control over communications networks
or services, third party online or technical partners, Smart
Speaker Platform availability, the Internet, or computer or
telephone networks or lines and accepts no responsibility for
any problems associated with them, whether due to traffic
congestion, technical malfunction or otherwise.
23 Australian Consumer Laws
The Promoter and its associated agencies and companies
make no warranties or representations about the fitness for
purpose or suitability of any Prize and will not accept
responsibility for the quality or fitness for any purpose of any
Prize, or the failure of any Prize to be of merchantable
quality. If liability under terms implied by legislation cannot
be excluded, the liability of the Promoter and its associated
agencies and companies is limited to re-supplying the
relevant goods or services or paying the cost of replacing
them.
24 Conduct of Promotion
(a) Unforeseen Events. If for any reason any aspect of this
Promotion is not capable of running as planned for any
reason beyond the reasonable control of the Promoter,
including, but not limited to, by reason of war, terrorism, state
of emergency or disaster (including natural disaster),
infection by computer virus, telephone network failure, bugs,
tampering, unauthorised intervention, fraud, technical
failures or anything which corrupts or affects the
administration, security, fairness, integrity or proper conduct
of this Promotion, the Promoter may, in its sole discretion,
cancel, terminate, modify or suspend the Promotion,
invalidate any affected entries and/or, if necessary, provide
an alternative prize to the same value as the original prize,
subject to the approval of the relevant authorities in each
Eligible States and Territories.
(b) Amendment of Promotion. Without limiting any other
paragraph, the Promoter may at its sole discretion amend
any aspect of this Promotion or of these Terms of Entry from
time to time, subject to applicable laws and subject to the
approval of the relevant authorities in the Eligible States and
Territories, if required.
(c) Currency. Unless the contrary intention appears, a reference
in these Terms of Entry or the Schedule or in any
advertisement relating to this Promotion to Australian dollars,
dollars, AUD$ or $ is a reference to the lawful currency of
Australia.
(d) Compliance with Terms of Entry. If an entrant is unable to or
refuses or fails to take part in any element of this Promotion or
an entrant or entry is deemed not to comply with these
Terms of Entry, that entrant’s entry to the Promotion will be
invalid.
25 Personal Information
(a) Privacy Policy. A copy of the Promoter’s Privacy Policy in
relation to the treatment of Personal Information collected in
connection with this Promotion may be accessed on the
Promoter’s website at
www.novaentertainment.com.au/privacy.
(b) Collection Statements. By entering and participating in the
Promotion in the manner required, entrants agree to the
collection and disclosure of their Personal Information in
accordance with the relevant collection statement notified
to the entrant at the time of entering the Promotion.
(c) Third Party Personal Information. Each entrant must ensure
that any other person whose personal details have been
provided by the entrant to the Promoter for the purposes of
the entrant’s participation in this Promotion has given their
implied or express consent for their details to be provided to
the Promoter and any of its related bodies corporate and to
be contacted by the Promoter or any of its related bodies
corporate in relation to this Promotion.
Personal Information means, for the purpose of the Privacy
Act 1988 (Cth) as amended by the Privacy Amendment
(Enhancing Privacy Protection) Act 2012 (Cth), information or
an opinion about an identified individual, or an individual
who is reasonably identifiable, whether the information or
opinion is true or not and whether the information or opinion
is recorded in a material form or not.
Last updated: 4 March 2020