1.1 Geelong Broadcasters Pty Ltd (ACN 056385187)
("3CAT") operates as 93.9 Bay
FM FM. Bay FM 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) ("Bay FM Competition").
1.2 These rules say who is eligible to
enter a Bay FM 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
Bay FM Competitions ("Specific Competition
Rules"). Any Specific Competition Rules
applicable to any particular Bay FM Competition
will be posted on bayfm.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 Bay FM 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 Bay FM Competition will
be conducted by Bay FM in its absolute discretion
(including, without limitation, decisions
in relation to who may enter and who has
won a prize in a Bay FM Competition). A
decision of Bay FM is binding and conclusive
and will not be challenged on the grounds
that Bay FM failed to act reasonably, fairly,
in good faith or otherwise in accordance
with the principles of procedural fairness.
A decision of Bay FM will not be challengeable
even if it can be demonstrated that Bay
FM made a decision which was wrong, based
on a factual error or an irrelevant or irrational
consideration. It is not the policy of Bay
FM to enter into negotiations with any person
who challenges a decision of Bay FM.
3 Eligibility
3.1 Any person may enter a Bay FM Competition,
except for the following:
(a) a person who has previously submitted
an entry in that particular Bay FM Competition;
(b) an employee, officer, servant, agent
or associate (as defined in section 9 of
the Corporations Act) of Bay FM, 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 Bay
FM, in the absolute discretion of Bay FM;
(f) a person who within the 30 days prior
to the day on which the Bay FM Competition
was first announced has won a prize in a
Bay FM 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 Bay FM Competition
was first announced has won a prize in a
Bay FM 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 Bay FM Competition was
first announced has won a prize in a Bay
FM Competition conducted earlier in time
the value of which is greater than or equal
to $10,000;
(i) a competitor of Bay FM 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 Bay FM 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 Bay FM in Geelong on FM radio
frequency 93.9 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 Bay FM Competition includes
a prize won in more than one Bay FM Competition
conducted during the relevant time period;
and
(iii) Bay FM will, in its absolute discretion,
determine the value of the prize won by
a person in a Bay FM Competition during
a time period.
(c) For the purpose of clause 3.1(i) a
person will be taken to be a competitor
of Bay FM or any of its related bodies if
that person competes (directly or indirectly)
for listeners of, or advertisers with, Bay
FM or a related body corporate of Bay FM,
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) Bay FM Competition for which he or
she is ineligible, even if by the oversight
of Bay FM or for any other reason an entry
submitted by that person is accepted or
received by Bay FM; or
(ii) any prize awarded in relation to Bay
FM 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
Bay FM to return, refund or otherwise make
restitution of any prize awarded to that
person by Bay FM in relation to Bay FM Competition
for which he or she is ineligible.
3.4 Bay FM 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 Bay FM Competition for which he or
she is ineligible.
4 Competition Entries
4.1 Bay FM may in its absolute discretion
accept entries in a Bay FM 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 Bay FM (in its absolute discretion)
thinks fit.
4.2 Bay FM may prescribe the means by which
it will accept entries in a particular Bay
FM Competition in any Specific Competition
Rules applicable to that Bay FM Competition.
Bay FM is under no obligation to accept
entries by any or all of the means described
in clause 4.1. The fact that Bay FM 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 Bay FM Competition when he or she:
(a) is connected by telephone line to Bay
FM;
(b) successfully transmits a facsimile to
Bay FM;
(c) sends an e-mail to Bay FM;
(d) sends a SMS message to Bay FM; or
(e) submits an entry form over the Web-Site,
as the case may be, for the purpose of entering
the relevant Bay FM Competition.
4.4
(a) A person who enters a Bay FM Competition:
(i) may be required by Bay FM in its absolute
discretion to participate in any promotional
activities selected by Bay FM in its absolute
discretion for the benefit of Bay FM (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 Bay FM, its operations, its related bodies
corporate or a Bay FM Competition without
the prior written consent of Bay FM.
(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 Bay FM, its operations, its related
bodies corporate or the Bay FM Competition.
4.5 A person who has entered a Bay FM Competition
acknowledges that Bay FM 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 Bay FM Competition) in any
medium and in any manner it sees fit.
4.6 Bay FM Competition entries and material
submitted in connection with any Bay FM
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 Bay FM Competition, together with
any intellectual property rights associated
with them, are at all times the property
of Bay FM. Bay FM 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 Bay FM.
4.7 Bay FM may publicise, broadcast or
otherwise disclose the name, character,
likeness, statements or any recording of
the voice of a person who enters a Bay FM
Competition in advertising or promotional
activities concerning a Bay FM Competition,
or for any other purpose. Bay FM may promote
or advertise that a winner has won a prize
in a Bay FM Competition in any form and
in any medium it thinks fit.
4.8 If in the course of a Bay FM 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 Bay FM Competition,
Bay FM, in its absolute discretion, may:
(d) disqualify the relevant person from
the Bay FM 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 Bay FM Competition:
(a) Bay FM will not be responsible for
awarding a prize to that person; and
(b) the decision of Bay FM will be final
and conclusive and no discussion or correspondence
will be entered into.
4.10 A person who enters a Bay FM 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 Bay FM. Bay FM will
treat any Personal Information obtained
from a person who enters a Bay FM Competition
in accordance with its Privacy Policy. Bay
FM 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 Bay FM.
4.11 A person who enters a Bay FM Competition
releases from and indemnifies Bay FM from
and against, all liability, cost, loss or
expense arising out of acceptance of any
prize or participation in any Bay FM 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 Bay FM Competition will
be awarded in the absolute discretion of
Bay FM. For the avoidance of doubt, a decision
in relation to a prize in a Bay FM Competition
is subject to clause 2.
5.2 It is a condition to claiming a prize
in a Bay FM Competition that the person
claiming the prize:
(a) is eligible to enter Bay FM Competition
to which the prize relates under clause
3.1;
(b) is announced by Bay FM as the winner
of that prize in Geelong on FM frequency
93.9 MHz or on the Web-Site or through any
other means;
(c) demonstrates to the satisfaction of
Bay FM 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 Bay FM under the General Competition
or any Specific Competition Rules which
apply to that Bay FM 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 Bay FM 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 Bay FM 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, Bay FM may, in its absolute
discretion, award the prize to the winner's
lawful parent or guardian.
5.4 All prizes must be collected within
30 Days 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. Bay FM 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 Bay FM at Bay FM's operating headquarters
unless the winner is otherwise advised by
Bay FM.
5.6 In exceptional circumstances, Bay FM
may elect in its absolute discretion to
deliver the prize to the winner by post
or courier. However, no responsibility will
be accepted by Bay FM 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.
5.7 Subject to acceptance by Bay FM 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
Bay FM 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 Bay FM 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 Bay FM 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 Bay FM, the
winner of a prize under a Bay FM 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 Bay FM releasing
and indemnifying Bay FM in respect of any
liability of Bay FM in connection with the
Bay FM 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 Bay FM 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
Bay FM; and
(c) execute a Deed of Release and Indemnity
in a form prescribed by Bay FM in respect
of any liability of Bay FM in connection
with the Bay FM 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 Bay FM 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 Bay FM.
5.13 All prizes are accepted entirely at
the risk of the winner, and Bay FM 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 Bay FM, 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 Bay FM Competition, whether caused
by the negligence of any of the aforementioned
or not.
5.15 If a specified prize becomes unavailable,
Bay FM 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,
Bay FM 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 Bay
FM Competition wins a prize in a Bay FM
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 Bay FM may enforce the General Competition
Rules and any Specific Competition Rules
in its absolute discretion. If Bay FM 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 Bay FM 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 Bay FM may extend the time for, vary
or terminate any Bay FM Competition at any
time in its absolute discretion. In the
event of such termination, Bay FM may in
its absolute discretion elect not to award
any prize in respect of the terminated Bay
FM Competition.
6.4 These General Competition Rules and
any Specific Competition Rules may be varied
by Bay FM at any time. Bay FM 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 Bay FM Competition irrevocably
agrees and submits to the exclusive jurisdiction
of the courts of that State.
