BROADCAST, PROGRAMMING & RESEARCH PTY LTD
1 NOVEMBER 2014
Welcome to the myradiotest.com web site (“Web Site”). The Web Site is operated by BROADCAST, PROGRAMMING Pty Ltd ACN 006 876 759 (“we” or “us” or “Promoter”).
2.1 The content and information on the Web Site is provided for your personal, non-commercial use only unless otherwise authorised by Broadcast, Programming & Research.
2.2 You must use the Web Site in a responsible manner, and in compliance with all relevant laws, regulations, standards or codes.
2.3 If you are under 16 years of age, you must obtain a parent or guardian’s consent before accessing or using the Web Site.
2.4 You must not:
(a) store in any electronic or other medium, publish, distribute, communicate to the public, change, modify, adapt, manipulate, reverse engineer, decompile, distort or enhance any of the content or information on the Web Site;
(b) incorporate or merge any of the content on the Web Site with any other material, including advertising or promotional material; (c) create HTTP links from the Web Site to any other web site on the Internet;
(d) use the Web Site or any facilities available on or via the Web Site (including any chat rooms or forums) to defame, harass, threaten, menace or offend any person, or in a way which inhibits another person from using or enjoying the Web Site or those facilities;
(e) tamper with, hinder the operation of, or make unauthorised modifications to the Web Site or any content on the Web Site;
(f) knowingly transmit any virus, worm, trojan horse or other disabling feature to or via the Web Site;
(g) use the Web Site to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth);
(h) use another person’s name, username, password or account on the Web Site or to access any content on the Web Site; or
(i) do, attempt to do, or permit another person to do, any of the above acts, unless you are otherwise authorised otherwise by Broadcast, Programming & Research on the Web Site or by other means.
3.1 To enable you to access certain content and features on the Web Site, you may be required to establish a Web Site account.
3.2 To create a Web Site account and to obtain the full benefits of Web Site membership, you must register your details with us and log in as a member each time you visit the Web Site. When creating your account, you must provide complete, accurate and up to date information.
3.3 You must keep all of your Web Site account information, such as your username, password or other types of identifiers, confidential and secure.
3.4 You agree that you are solely responsible for all activity that occurs on your Web Site account. You also agree that you will be responsible for the conduct of any person who uses your account, whether or not you have authorised that use.
3.5 You must notify us immediately of any breach of security or unauthorised access or use of your account, of which you become aware.
USER GENERATED CONTENT
4.1 When you are a Web Site account holder, you may submit various content, including videos, photographs, images and comments (collectively referred to as “User Generated Content”) to the Web Site.
4.2 You are solely responsible for your User Generated Content and the consequences of posting or publishing it.
4.3 You must not include any image of, voice of, or personal information about any other person in any User Generated Content without that person’s express consent. You warrant that if any such thing is included, you have obtained the express consent of the relevant person.
4.4 You must not submit any User Generated Content, or include in any User Generated Content any content, that contravenes any law, infringes the rights of any person (including intellectual property rights), or is illegal, obscene, indecent, inflammatory, pornographic, offensive, misleading, deceptive, or otherwise inappropriate. Without limitation, you must not include any content that involves nudity, malice, swearing or potentially defamatory material, or any material which racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on gender, age, race, religion, sexual orientation, or any physical or mental disability.
4.5 You must not include in any User Generated Content any literary, dramatic, musical or artistic work, any video or sound recording, or any other item in which copyright subsists, unless you are entitled to do so. If you have any doubts about whether you have the right to include (for example) recorded music, you must not include it. By including any item in any User Generated Content, you warrant that you are entitled to do so.
4.7 We have no obligation to monitor, edit, delete or refuse to post any User Generated Content (although we may do so), nor are we responsible for any advice, information or comments included in any User Generated Content.
4.8 We are not liable for any technical difficulty or error that results in any User Generated Content being wholly or partly unavailable for online access, for any period of time.
4.9 You acknowledge that your User Generated Content may be made available online and if so, will be accessible to the general public. By submitting User Generate Content to the Web Site, you grant to us a perpetual, irrevocable, world-wide, royalty-free, non-exclusive licence to use, copy, distribute, adapt, display, publish, broadcast, prepare derivative works and perform your User Generated Content. You also grant us a licence to allow third parties to do these things. You also consent to us, and any other party authorised by us, doing all acts in relation to the User Generated Content that otherwise might infringe your moral rights.
OPERATION OF THE WEB SITE
5.1 We will use reasonable efforts to make sure that you can access and use the Web Site at all times. However, despite our efforts, the Web Site may not be accessible at all times and you may experience interruptions, delays, errors or faults in your use of and access to the Web Site. We will not be responsible to you or anyone else if these things occur.
5.2 When you are using the Web Site, we may require you to re-authenticate yourself from time to time – for example, if there has been a period of inactivity on the connection between your internet browser and our servers. We will not be responsible for any information you may lose if your access to the Web Site is suspended or terminated in these circumstances.
5.3 We may receive fees or commissions (or both) from third parties in relation to some of the content, goods or services which we advertise, promote or make available on the Web Site. You acknowledge and consent to us receiving those fees and commissions.
5.4 While we have endeavoured to ensure the accuracy of the information accessed via the Web Site, we do not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Web Site.
6.1 The Web Site may contain links to other web sites which are not maintained or controlled by us. These links are provided by us solely for your convenience. We do not accept any responsibility for broken or redirected links.
6.2 Websites or pages to which the Web Site is linked are for information only. We have not checked the accuracy, completeness or suitability of the content of, or the goods and services available from, any linked sites.
6.3 Linked third party sites are not under our control and we are not responsible for the contents of any such linked site or any link contained in such a linked site. We do not review or monitor any linked sites. You must therefore make your own enquiries about the content, goods or services available from any linked site before relying on that content, or buying or using any of those goods or services. We will not be responsible for any loss or damage you suffer as a result of relying on, buying or using any content, goods or services from a linked site.
6.4 The presence of links on the Web Site should not be taken to imply that we endorse, sponsor or approve of any linked site, or any content, products or services available from that linked site, or that we are affiliated or associated with the owner or operator of any linked site.
CHANGES TO THE WEB SITE
7.1 We (or our suppliers) may change the content, information, products and services provided on the Web Site, and the prices for those things, at any time.
7.2 If you purchase any products or services from the Web Site, you will be charged the price that applies and is displayed at the time you request those products or services.
OUR LIABILITY TO YOU
8.2 To the maximum extent permitted by law, we and our related companies (including Broadcast, Programming & Research) accept no liability for any loss or damage you suffer, whether arising under contract, tort (including negligence), equity, statute or any other cause of action, or otherwise, as a result of using or accessing the Web Site or any content, information, products or services available on or from those Web Site.
8.3 In particular, in no event will we or our related companies (including Broadcast, Programming & Research) be liable to you for any direct, incidental, special, punitive, indirect or consequential loss, including any business losses, losses of data or profits, or any other kind of loss or damage incurred in any way (including as a result of negligence) which you may suffer in connection with our supply, non-supply or defective supply of the Web Site, or any content, information, products or services available on or from the Web Site.
8.4 All Content is provided “as is”. We make no warranties or representation about any Content or information on the Web Site, either express or implied, and to the fullest extent permitted by law, we and our related companies (including Broadcast, Programming & Research) exclude all warranties and representations about the currency, accuracy, suitability or reliability of any Content or information on the Web Site. We do not warrant that the Web Site is compatible with your computer equipment or that the Web Site or its server is free of errors or viruses, worms or “Trojan horses” and we are not liable for any damage you may suffer as a result of such destructive features.
8.5 Notwithstanding all of the above, if any condition or warranty cannot be limited or excluded, our liability under it will be limited (where permissible) to, at our election, replacing or resupplying the relevant goods or services or paying the cost of such replacement or resupply.
YOUR LIABILITY TO US
9.1 To minimise the costs associated with operating the Web Site, we require that you take responsibility for any harm we or our related companies suffer as a result of your use of the Web Site.
9.2 You therefore agree to indemnify, defend, and hold harmless us and our related companies (including Broadcast, Programming & Research) from and against any losses, costs, claims, actions, demands or other proceedings suffered by us or brought against us or our related companies (including Broadcast, Programming & Research) to the extent that such loss, cost, claim, suit, action or other proceeding suffered by us or brought against us or our related companies (including Broadcast, Programming & Research) is based on or arises in connection with:
(a) your use of the Web Site or any use by another person of your Web Site account;
(b) any of your User Generated Content,
(c) any breach by you of these Term of Use;
(d) a claim that any use of the Web Site by you:
(i) infringes any intellectual property rights of any third party;
(ii) is misleading or defamatory, or otherwise results in injury or damage to any third party; or
(iii) otherwise breaches any law; or
(e) any deletions, additions, insertions, or alterations to, or any unauthorised use of, the Web Site by you.
9.3 Any attempt to deliberately damage the Web Site, or the Content or information on the Web Site, or to otherwise undermine the legitimate operation of any competitions or offers, may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, we and our related companies (including Broadcast, Programming & Research) reserve the right to seek damages to the fullest extent permitted by law.
TERMINATION AND SUSPENSION
TRADE MARKS, COPYRIGHT AND OTHER INTELLECTUAL PROPERTY
11.1 All intellectual property relating to the Web Site, including any trade marks used on the Web Site, the design of the Web Site, and all content on the Web Site (except for all User Generated Content), including (but not limited to) text, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trade marks, and other material, is owned by us, our related companies (such as Broadcast, Programming & Research) or our licensors, and may be protected by copyright, trade marks and/or other proprietary rights.
11.3 Importantly, you must not use or apply any of our or Broadcast, Programming & Research’s trade marks without our consent. Our trade marks include our name, our logos, our slogans and the names of our competitions.
11.4 Unless expressly stated otherwise on the Web Site, you may download the Content and information on the Web Site, including any third party User Generated Content on the Web Site, onto your personal or business computer, but only to the extent necessary to allow you to view that Content, information or third party User Generated Content. Otherwise, you must not reproduce, adapt, distribute or permanently store any Content or information on the Web Site in any medium or form whatsoever, unless otherwise authorised by Broadcast, Programming & Research on the Web Site or by other means.
GENERAL TERMS OF ENTRY
Current as at: 1 November 2014
Latest Revision Date: 1 November 2014
Contact: Broadcast, Programming & Research Legal Counsel
TRADE PROMOTIONS: GENERAL TERMS OF ENTRY
1 These Terms of Entry apply to all competitions conducted by Broadcast, Programming & Research stations referred to in paragraph 6 below, which are not covered by Terms of Entry specific to that competition. By entering, entrants accept these terms. These terms may be amended or replaced from time to time; entrants should check the Promoter’s Web Site (as specified in paragraph 46) for the current version.
2 Entry is open only to residents of the country where the competition is being conducted who comply with any entry restrictions as specified by the Promoter. 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 competition or of any Australian commercial radio broadcaster, unless otherwise authorised by Broadcast, Programming & Research, are ineligible to enter.
3 The competition will be conducted during the competition period specified by the Promoter (Competition Period).
4 To enter the competition, entrants must, during the Competition Period, follow the entry method specified by the Promoter.
5 Entries must be received by the Promoter during the Competition Period. Entrants may submit up to the maximum number of entries specified by the Promoter. Multiple entries (where permitted) must be submitted separately.
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, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over communications networks or services, 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. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. Any form of automated entry using any device or software is invalid. 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.
7 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 should check with their network service provider to see if their mobile phone is compatible. Entrants under the age of 18 must obtain the bill payer’s permission prior to entering. The Promoter’s SMS Service Provider for SMS entry will be provided at the time of entry into the promotion.
8 If this promotion involves entry via a competition phone line, the maximum cost of a call to the competition 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.
9 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.
10 The prize/s and its value are as specified by the Promoter in its terms and conditions for each promotion.
11 If this 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.
12 All entries and materials submitted to the Promoter in connection with this competition (in any form, including without limitation in hard copy or electronic form), become the property of the Promoter and each entrant warrants that it has the right to transfer these things to the Promoter. The Promoter may use such entries and materials and any intellectual property rights subsisting in them in any medium and in any manner it sees fit, including without limitation, by reproducing, modifying or adapting such entries and materials.
13 If this competition is a game of skill, each entry must be the entrant’s original work. By entering this competition entrants:
(a) consent to the Promoter making copies of or publishing the whole or any part of their entry and otherwise exploiting the entry and any rights in relation to the entry, to publicise this competition or for any other purposes; and
(b) 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.
14 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.
15 The judges’ decisions are final and no correspondence will be entered into.
16 Where a prize involves the winner:
(a) 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 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.
17 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. If the total value of a voucher is not used at the time of redemption, a new voucher may (subject to the conditions stipulated by the provider) be issued for the remaining amount. Any such further voucher is valid for the remainder of the original voucher expiry period. Vouchers cannot be redeemed for further vouchers.
18 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.
19 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.
20 The Promoter may, at its discretion, require any person taking any prize to be 18 years of age or over, or if a person is under the age of 18, require that that person be accompanied by a parent or legal guardian while taking the prize.
21 The Promoter may in its absolute discretion prohibit an entrant’s participation in this competition, cancel a prize or otherwise cease to provide any benefit of a prize to a winner and their companion/s if the winner (or their companion/s), in the opinion of the Promoter, is under the influence of alcohol or any other drug, behaves aggressively or offensively, or behaves in a manner which may diminish the good name or reputation of the Promoter or any of its related bodies corporate (or of the business of the Promoter or any of its related bodies corporate), is contrary to law or is otherwise inappropriate.
22 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/.
23 Entrants must, at the Promoter’s request, participate in all promotional activity (such as publicity and photography) surrounding this competition or the winning of any prize, free of charge, and they consent to the Promoter and its related bodies corporate using their name and image in promotional material. Without limitation, entrants consent to being broadcast, filmed, photographed or otherwise recorded without compensation while participating in this competition, or in taking or using any prize, and they consent to the Promoter repeating any such broadcast, film or other recording at any time.
24 If an entrant is unable to or refuses or fails to take part in any element of this competition or a winning entry is deemed not to comply with these terms, the Promoter reserves the right to discard that entrant’s entry and proceed as if that entrant had not entered the competition.
25 The winner/s will be notified as follows:
– in writing and published on the Promoter’s website approximately 24 hours after the final draw/decision date and will remain on the Web Site for a minimum of 7 days.
By entering this competition, each entrant requests that his or her full address not be published.
26 Prizes must be claimed by the following date/time (the Prize Claim Date and Time):
• for games of skill: by the date and time as specified by the Promoter. If a date/time is not specified, prizes must be claimed within 3 months of the final decision date;
• for games of chance with event-based or perishable prizes: by the date and time as specified by the Promoter. If a date/time is not specified, prizes must be claimed by the date of the relevant event (if applicable) or within 21 days of the final draw/decision date, whichever occurs sooner; and
• for games of chance with non event-based or non perishable prizes:
• by the date and time as specified by the Promoter. If a date/time is not specified, prizes must be claimed within 3 months of the final draw/decision date.
Unless otherwise specified, winner/s must collect their prize/s from the Promoter’s station address.
27 If any prize is not claimed by the Prize Claim Date and Time, the relevant winner’s entry will be deemed invalid and the Promoter reserves the right to distribute the relevant prize/s by, for games of skill, awarding the relevant prize/s to the next best valid entry or entries (as applicable) or, for games of chance, by conducting such further draws at the location/s and on the date/s specified by the Promoter as are necessary to distribute the prize/s, subject to any directions given by any relevant authority. If required by law or any relevant authority, the winner/s will have their name and state of residence published in accordance with paragraph 25 above. 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 relevant state, if required.
28 Entrants acknowledge that there may be inherent risks in some aspects of the competition or the prize and that participation in the competition and/or using the prize may involve participating in dangerous activities. By entering this competition and/or accepting the prize, entrants accept that risk.
29 In order to participate in this competition 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. 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 competition and/or undertake the activities awarded as part of the prize. The Promoter reserves the right to deem that an entrant/winner (or their companion/s, as applicable) is not sufficiently healthy or fit. 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.
30 If requested by the Promoter, any entrant or winner (and their companion/s, if applicable) (or if an entrant, winner or companion is not an adult, their parent or guardian) must sign an indemnity and exclusion of liability form (provided by the Promoter) in favour of all parties involved in this competition and/or providing the prize prior to undertaking any specified activities forming part of the competition or prize. If any entrant, winner, nominated companion/s or parent/guardian (if applicable) do not sign the indemnity form provided by the Promoter within the time requested by the Promoter, the entrant’s or winner’s entry or claim will be deemed invalid. Where a winner’s entry or claim is deemed invalid, the Promoter reserves the right to determine a new winner in accordance with paragraph 9.
31 Prizes and participation in this competition are subject to any conditions imposed by the supplier or organiser of the prize, as applicable.
32 The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, 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 competition 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).
33 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. Prizes will be provided by the Promoter to the winner/s in the manner notified by the Promoter.
34 The Promoter may require the winner/s to provide identification as requested by the Promoter including (without limitation) proof of identity, proof of age and proof of residency. Identification considered suitable for verification is at the Promoter’s discretion and may include suitable photo identification (such as drivers licence or passport).
35 If due to any reason whatsoever the Promoter becomes aware after an entrant has won a prize that the entrant has not complied with these terms, that entrant will have no entitlement to the prize, even if the Promoter has announced them as a winner and that entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the prize.
36 The Promoter may, in its sole discretion, disqualify any or all entries from, and prohibit further participation in this competition by, any person who tampers with or benefits from any tampering with the entry process or with the operation of the competition or acts in violation of these terms, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.
37 No prize is transferable or exchangeable, nor can it be redeemed for cash. 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 in lieu of that element of the prize. The Promoter accepts no responsibility for any variation in prize value. 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, subject to the approval of the relevant authorities in the relevant state, if required. Without limiting the foregoing, the Promoter may, at its absolute discretion, substitute cash for any prize (the amount of cash being equal to the prize value).
38 Without limiting paragraph 32, 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.
39 If for any reason any aspect of this competition is not capable of running as planned, including by reason of infection by computer virus, telephone network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the competition, or invalidate any affected entries, subject to the approval of the relevant authorities in the relevant state, if required.
40 Without limiting any other paragraph, the Promoter may at its discretion amend any aspect of this competition or of these terms, subject to applicable laws and subject to the approval of the relevant authorities in the relevant state, if required.
41 The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. Where the operation of this competition 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.
42 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 this competition 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 competition.
44 Unless the contrary intention appears, reference in any advertisement relating to this competition will be in the currency of the country for which the promotion applies. For example a reference to Australian dollars or AUD$ is a reference to the lawful currency of Australia.
45 Where the competition is communicated on Facebook, entrants and participants in the competition acknowledge that the competition is in no way sponsored, endorsed or administered by or associated with Facebook and entrants and participants in the competition release Facebook and its associated companies from all liability arising from the competition. Entrants provide their information to the Promoter and not to Facebook.