Competition Terms & Conditions
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PositiveMedia Inc. trading as TheLight and LightDigital
General Competition Terms and Conditions and Entry Rules
These General Competition Entry Rules apply to all of PositiveMedia’s competitions. They may be amended or varied from time to time by PositiveMedia. Special Competition Rules may apply to particular competitions, in which case an addendum to these rules will be made for that competition. Please inquire at the station for any Special Competition Rules for competitions you wish to enter.
1. Who May Enter
The competition is not open to:
(a) a person who is an employee, officer, servant, volunteer or contractor of PositiveMedia or its related bodies corporate or associates or any of its agencies involved with this competition;
(b) the spouse, de facto spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), of a person referred to in paragraph (a) above;
(c) a person who has used or attempted to use any more than one name in order to qualify to win any contest run by PositiveMedia;
(d) at PositiveMedia’s discretion, a person who has won a prize/prizes from PositiveMedia in any competition(s) run by PositiveMedia in the prior 60 days from the date of determining the winner(s) of the competition(s);
(e) a person who refuses to comply with or breaches any terms of these General Competition Entry Rules. All contestants acknowledge that PositiveMedia can rely on this clause at any time, even if PositiveMedia only learns of a person’s ineligibility after PositiveMedia has nominated the person as the winner or awarded the prize. Return of the prize or payment of its value to PositiveMedia can be required by PositiveMedia if this occurs.
Notwithstanding anything else in these Rules, PositiveMedia has absolute discretion in awarding prizes in a competition.
In order to claim a prize in a competition, the winner must:
(a) be eligible to enter under these General Competition Entry Rules and any Special Competition Rules;
(b) be announced by PositiveMedia as the winner of that prize on air or any other means determined by PositiveMedia;
(c) not be prohibited by any rule of law from using or otherwise enjoying the prize for which he or she has been announced as the winner;
(d) demonstrate to PositiveMedia’s satisfaction that he or she is the winner of the prize, and if necessary prove that he or she is not prohibited from using or otherwise enjoying the prize (for example, by producing photo-identification, such as a driver’s licence or passport, or signing a declaration to that effect); and
(e) comply with any request made by PositiveMedia under the General Competition Entry Rules or any Special Competition Rules that apply to that competition; and
(f) only one (1) qualifier or winner per family per competition unless otherwise stipulated.
Where the winner of a prize is below the lawful age to use or otherwise enjoy the relevant prize, PositiveMedia may, in its absolute discretion, award the prize to the winner’s lawful parent or guardian or require the parent or guardian to sign an indemnity and consent for the winner to receive or participate in the prize.
Prizes will only be awarded following winner validation and verification.
Should a prize winner choose not to accept the prize allocated by PositiveMedia, the prize will not be substituted with another prize.
All prize items are valued inclusive of GST and PositiveMedia takes no responsibility for any variation in item values. Any taxes which may be payable as a consequence of a winner receiving the prize are the sole responsibility of that winner.
Prizes are non-transferable and may not be redeemed for cash. If the specified prize becomes unavailable, PositiveMedia may substitute a prize of like or equal value.
Unless otherwise specified, the class of travel for any travel prize incorporating an airfare is economy class.
No prohibited prizes will be awarded.
Winners will be notified on-air, by mail, telephone, email or by any other contact details provided by the winner.
Prizes are to be collected from PositiveMedia studios and offices at 333 Mitcham Road, Mitcham, Victoria 3132, and proper identification must be produced.
Winners under the age of 18 must be accompanied by a parent or guardian, and both must produce proper identification. If prizes are sent by post, they are generally sent via Australia Post or private courier.
Any loss of prizes by a courier company or Australia Post is not the responsibility of PositiveMedia. In that event, PositiveMedia may or may not, in its discretion, replace the prize.
Upon request by PositiveMedia a copy of the General Competition Entry Rules and/or a signed receipt and acknowledgment must be signed and endorsed by any winner to indicate his/her understanding and acceptance of these terms. All unclaimed prizes after ninety days (90) days of being won will be forfeited, and a redraw may take place, all at PositiveMedia’s discretion.
In the event a winner chooses not to accept a prize, they forfeit any and all claims to the prize which can then be awarded to a competition runner up at the time at the discretion of PositiveMedia.
PositiveMedia will publish the names of the winners of any prize with a retail value in excess of $1,000 on www.lightfm.com.au within 48 hours of the winner being selected. This will remain on the website for at least 7 full days.
The judges’ decision is final and no correspondence will be entered into.
3. Exclusion of Liability
PositiveMedia takes no responsibility for the loss of prizes due to incorrect or imprecise delivery details provided by an entrant. PositiveMedia makes no representations or warranties as to the quality/suitability/merchantability of any of the goods/services offered as prizes.
PositiveMedia shall not be liable for any loss or damage suffered or sustained (including but not limited to consequential loss), including for personal injury or property damage suffered or sustained, as a result of accepting any prize or participation in any competition or prize, except for any liability which cannot be excluded by law.
A person who enters a competition releases from and indemnifies PositiveMedia from and against all liability, cost, loss or expense arising out of acceptance of any prize or participation in any 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.
A winner (or his or her parent or guardian as appropriate) may be required to sign and return any liability release and provided by PositiveMedia and/or its contractors as a condition of the prize being awarded. Failure to return the signed releases and indemnities will result in the entitlement to the prize being forfeited and a selection of another winner.
PositiveMedia is not responsible for lost, interrupted communications or unavailable network server or other connections, failed telephone, mid delivery or computer transmissions or other errors of any kind, whether human, mechanical or electronic.
PositiveMedia assumes no responsibility for any error, defect, delay, theft or unauthorised access to or alternation of entries. Subject to any written directions given under the applicable law, if for any reason, the competition is not capable of operating as planned, including infection by computer viruses, tampering, unauthorised intervention, fraud or any other causes beyond the control of PositiveMedia which corrupts or affects the administration, security, fairness, or proper conduct of the competition, then PositiveMedia reserves the right, at its sole discretion, to cancel, terminate, modify or suspend this competition.
PositiveMedia 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 PositiveMedia that in any way affects the fairness of the promotion;
(b) tampering with the operation of the competition or web site;
(c) acting in an unsportsmanlike or disruptive manner; or
(d) if an entrant selected as winner is found to be in breach of any term of these General Competition Entry Rules, 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 PositiveMedia.
Participation in the competition constitutes the entrant’s unconditional agreement to and acceptance of these General Competition Entry Rules and any Special Competition Rules in relation to a particular competition. These Rules may change from time to time including by extending the time for, varying or terminating any competition.
The Entrant is responsible for insuring his or her familiarity with the General Competition Entry Rules and any Special Competition Rules at the time of participation. PositiveMedia’s decision not to enforce a specific restriction does not constitute a waiver of that restriction or of the General Competition Entry Rules or Special Competition Rules. PositiveMedia may enforce these Rules in its absolute discretion.
Where PositiveMedia has Special Competition Rules in relation to a particular contest, then they will prevail to the extent of any inconsistency with these General Competition Entry Rules or Special Competition Rules. PositiveMedia may enforce these Rules in its absolute discretion.
The General Competition Entry Rules and any Special Competition Rules are to be construed in accordance with the laws of the State of Victoria. PositiveMedia may terminate any contest at any time at its absolute discretion. In the event of such termination, PositiveMedia may at its absolute discretion elect not to award any prize in respect of the terminated contest.
6. Ownership of Entries
Competition entries and material submitted in connection with any competition (whether written, audio, electronic or visual form, or a combination of those) or any photographs, video and/or film footage and/or audio recording taken of competitors are assigned to PositiveMedia upon submission and become the property of PositiveMedia which may use the material in any medium in any reasonable manner it sees fit. Copyright in any such material remains the sole property of PositiveMedia.
All such entries and material remain the property of PositiveMedia (subject to the limits contained in the Privacy Statement). Each entrant warrants that he or she owns the copyright and any other intellectual property rights in any such material submitted in connection with any competition and has full power and authority to agree to and grant the above assignment, consents and other rights to PositiveMedia.
All contestants acknowledge, as a condition of entry, that PositiveMedia has the right to publicise and/or broadcast his/her name, character, likeness voice, or all matters incidental herein.
7. Privacy and Publicity
(a) refuse to accept an entry which does not contain all or any other of the Personal Information requested by PositiveMedia; or
(b) record and use the Personal Information for its own marketing, planning, product development, promotional, broadcasting and research purposes, including but not limited to using the winner’s name, suburb of residence, likeness and a recording of the winner’s voice for advertising and promotional purposes.