GENERAL CONTEST RULES
These General Contest Rules apply to all KOFM contests which are not covered by Terms and Conditions specific to that competition or activity. Special Terms & Conditions may apply to particular contests in which case an addendum to these General Contest Rules will be made for that contest. These General Contest Rules may be amended or replaced from time to time; entrants should enquire at KOFM (or on the KOFM website at www.kofm.com.au) for the current version, or for any special Terms and Conditions for contests you wish to enter. ENTRY

1. Unless otherwise specified in special contest Terms and Conditions, no person may win any specific contest more than once (in that promotion’s period).

2. Entry is open to residents of New South Wales only, who comply with the entry restrictions as specified by KOFM. Directors, agents, management, employees and other staff (and their immediate family) of the Promoter or of its related bodies corporate, or of the agencies or companies associated with this competition or of any Australian Commercial Radio broadcasters are ineligible to enter.

3. Winners under the age of 18 must be accompanied by a parent/guardian when collecting their prize. Both the winner and the parent/guardian must sign this agreement and show identification which includes a photograph.

4. Entries must be received by KOFM during the specified Competition Period. Entrants may submit up to the maximum number of entries specified by the Promoter. In the specific situation where/if multiple entries are allowed, each entry must be submitted separately.

5. Contest entries and material submitted in association with any contest (whether in written, print, 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 become the property of KOFM which may use the material in any medium (including, but not limited to; the internet) and in any reasonable manner it sees fit. Copyright in any such material becomes and remains the sole property of KOFM.

6. 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, deletion, tampering, theft, destruction, transmission interruption, communications failure or otherwise. KOFM has no control over communications networks or services and accepts no responsibility for any problems or issues arising from them. KOFM is not liable for any consequences of user or network error including costs incurred.

7. Entries via SMS or e-mail are considered received at the time of receipt into KOFM’s database, not at the time of transmission by the entrant.

8. SMS entries are charged at 55 cents each and entries must be submitted by the entrant’s mobile phone. SMS entries are only open to those with an SMS compatible mobile phone connected to a service provider which permits text and premium messaging to and from the promotional SMS number.

ELIGIBILITY
9. A person is ineligible to enter and/or win a contest if:
• They are an employee or a member of the immediate family of an employee of Radio Newcastle Pty Ltd and/or Austereo Pty Ltd and/or Macquarie Southern Cross Media Pty Ltd and/or a sponsor or advertising agency or affiliate associated with the contest
• They have won a prize valued at $200 or more from KOFM or in any KOFM contest in the 60 days prior to entering that contest
• They have won a prize valued at $1000 or more from KOFM or in any KOFM contest in the 120 days prior to entering the contest
• They have won a prize valued at $4000 or more from KOFM or in any KOFM contest in the 240 days prior to entering that contest
• They have won a prize valued at $10,000 or more from KOFM or in any KOFM contest in the 365 days prior to entering the contest
• They are discovered to have used, or attempted to use more than one name in order to qualify to win prizes from KOFM

10. All contestants acknowledge that KOFM may still rely on Rule 9 even if KOFM only learns of a person’s ineligibility after KOFM has appeared to award the prize to the ineligible person. Return of the prize or payment of it’s value to KOFM can be required by KOFM if this occurs.

11. If in the course of a contest;
• A telephone line breaks up or drops out or
• There is a dispute arising out of the use of telephone lines in a contest (including situations where multiple telephone lines are used) or
• Two telephone lines are crossed during a phone-in contest
KOFM in its absolute discretion:
• May disqualify the relevant caller or callers
• Will not be responsible for awarding a prize to the relevant caller/s and
• May award the prize to another person according to its absolute discretion
In all such events, all decisions of KOFM will be final and no discussion or correspondence will be entertained.

COMPETITION
12. The competition will be conducted during the Competition Period and will follow the entry method as specified by KOFM, and to enter the competition, entrants agree that to be eligible, they must follow the entry method as specified by KOFM, during the Competition Period.

13. The competition will be drawn and/or decided at the time, on the date/s and at the location/s as specified by KOFM. The prize/s will be awarded to a valid entrant/s (as applicable) who are randomly drawn or are deemed/judged to have submitted the “best” entry, as determined by the judges, in accordance with the details specified by KOFM regarding how the prize/s will be awarded.

14. If the competition entered is a game of skill, chance plays no part in determining the winner/s and each valid entry will be judged (by representatives of KOFM) based on the judging criteria as specified by KOFM. Each entry must be the entrant’s original work and the entrant must undertake to the Promoter that their entry is original, and by its use, KOFM will not be in breach of any third party intellectual property rights. Entries that are deemed inappropriate (ie bad taste), offensive, defamatory or otherwise objectionable, or in breach of third party intellectual property rights will be deemed invalid. PRIZES

15. All prizes must be collected within 3-months from the date of winning. After that time, unclaimed prizes will be dealt with according to legislative requirements. KOFM will not notify winners of time remaining. It is the sole responsibility of winners to collect their prize.

16. Prizes must be claimed in person unless winner is otherwise specifically advised. Identification which includes a photograph will be required (examples include drivers licence, passport, student card where a photo is included). Where KOFM elects to post a prize to a winner, no responsibility will be accepted by KOFM for the safe and effective postal delivery of the prize.

17. In special situations, and subject to the absolute discretion of KOFM, a winner may nominate a designated representative to collect a prize. The representative will be required to present written authorisation from the winner and identification which includes a photograph for both the winner and their representative.

18. In the event that a winner chooses not to accept a prize, they forfeit any and all claims to that prize, which will be dealt with according to the absolute discretion of KOFM subject to legislative requirements, and no replacement prize will be offered.

19. A copy of these General Contest Rules must be signed and endorsed by any winner upon request by KOFM to collect/redeem their prize.

20. All winners of all prizes must sign these General Contest Rules and any special KOFM contest Terms and Conditions both in a form prescribed by Radio Newcastle Pty Ltd and Austereo Pty Ltd in order to receive their prize. If a winner is under the age of 18, their parent/guardian may, at the absolute discretion of KOFM, be required to sign these documents.

21. The winner/s of major prize/s, or prizes containing elements of travel, may at the absolute discretion of KOFM be required to execute a Deed of Release and Indemnity form in a form prescribed by Radio Newcastle Pty Ltd and Austereo Pty Ltd in order to receive the major prize. If a winner is under the age of 18, their parent/guardian may, at the absolute discretion of KOFM, be required to sign the Deed of Release and Indemnity.

22. Prizes are non-transferable, must (where applicable) be used on the dates specified and are not redeemable for cash.

23. All prizes are accepted entirely at the risk of the winner and KOFM excludes all warranties in connection with any prize to the extent permitted by law.

24. KOFM, its agencies, affiliates, sponsors and representatives are not responsible for defective prizes or misuse of any prize, or for any claims, cashing of cheques, liability, loss or damage arising out of or in connection with any contest promoted by KOFM.

25. If a specified prize becomes unavailable, KOFM may substitute a replacement prize at its absolute discretion.

26. Unless otherwise specified, the class of travel for any travel prize incorporating an airfare is economy class.

27. Where a prize involves the winner attending an event, or meeting and/or attending a function with a celebrity or other public figure (or where the celebrity or public figure is going to be present), KOFM will not be liable if any part of the event is abandoned, varied or delayed for any reason, or for the failure of the winner to meet that person or failure of that person to attend the function for whatever reason. KOFM will not provide a substitute prize or cash in lieu of this occurrence.

28. If the prize is a voucher, all vouchers are valid until the expiry date as nominated on the voucher. Redemption of the voucher is subject to the terms of service of the voucher provider and may not be varied. Vouchers cannot be redeemed for cash or for other vouchers.

29. If the prize includes tickets, all tickets are valid for the date or period as indicated on the tickets, and are subject to the terms of service of the ticket provider. KOFM will not replace lost tickets.

30. KOFM encourages consumers to enjoy alcohol responsibly. Legal aged consumers are advised to adhere to the safe drinking levels recommended in the National Health and Medical Research Council Australian Alcohol Guidelines.

31. KOFM may in its absolute discretion declare an entrant invalid or prevent an entrant’s participation in promotional activity, cancel a prize or otherwise desist from providing benefit to a winner and companion/s if the winner, in the opinion of KOFM staff, is under the influence of alcohol or drugs, behaves aggressively or offensively or behaves in an anti-social manner in a way that may diminish the good name of Radio Newcastle Pty Ltd and all associated sponsors, or if their behaviour is against the law, or considered to be otherwise inappropriate.

32. If due to any reason whatsoever, KOFM becomes aware after an entrant has won a prize that the entrant has not complied with these terms (or special Terms and Conditions), that entrant will have no entitlement to the prize, even if KOFM has announced them as a winner and that entrant will be required, at the direction of KOFM to return, refund or otherwise make restitution of the prize. RELEASE

33. All contestants release from, and indemnify Radio Newcastle Pty Ltd (CAN 000 225 525) and Austereo Pty Ltd (CAN 007 914 641) against all liability, cost, loss or expense arising out of acceptance of any prize(s) or participation in any contest including (but not limited to) personal injury and damage to property and whether direct or consequential, foreseeable, due to some negligent act or omission or otherwise.

34. Competitors may be required by KOFM to participate in a photo, video and/or film session and acknowledge that KOFM has the right to use such publicity photos/vision, video and/or film footage in any medium (inclusive of, but not limited to the internet) and in any reasonable
manner it sees fit, unless that person advises KOFM at the time of entering the relevant contest that he/she wishes to retain his/her anonymity.

35. KOFM may publicise, broadcast or otherwise disclose a competitor’s name, photo, character, likeness, statements or any recording of their voice in advertising or promotional activities concerning a specific contest, or KOFM contests generally. KOFM may promote or advertise that a winner has won a contest.

36. Winners are responsible for any and all taxes payable as a result of a prize being awarded, accepted or received.

37. KOFM may incorporate information from entrants in any contest/s in any database to be used for the purpose of its business.

38. Entrants acknowledge that there may be inherent risk/s associated with some aspects of the competition, promotion or the prize and that participation in the competition/activity and/or using the prize may involve in participating in dangerous activities. By entering the activity, participants acknowledge that they accept that risk. GENERAL

39. Where KOFM has special contest Terms and Conditions in relation to a particular contest, then they will prevail to the extent of any inconsistency between those special contest Terms and Conditions and these General Contest Rules.

40. Persons under the age of 18 years are ineligible to enter any contest where the prize consists of a vehicle or alcohol, or a voucher for alcohol of where the special contest Terms and Conditions otherwise provide.

41. A failure by KOFM to enforce any of these General Contest Rules in any instance/s will not give rise to any claim by any person at the time or later date.

42. KOFM may terminate any contest at any time at its absolute discretion. In the event of such termination, KOFM may at its absolute discretion elect not to award any prize in respect of the terminated contest.

43. Special restrictions or qualifications may apply to particular contests, in which case an addendum to these General Contest Rules will be made.

44. These General Contest Rules may be changed at any time by KOFM.

45. KOFM may, at its discretion require any person taking any prize to be 18 years of age or over, of if a person is under the age of 18, require that person be accompanied by a parent or guardian to redeem their prize. PROMOTER

The promoter is Radio Newcastle Pty Ltd trading as KOFM of 252 Pacific Highway, Charlestown.