2DU & ZOOFM
The following covers all promotions and competitions run by Western broadcasters Pty Limited both On-Air & Online. Sometimes additional Terms
and Conditions are applicable to certain competitions, these competition specific Terms can be found in the link under the relevant competition
section contained on the radio station website.
NAME OF PROMOTION: 2DU & ZOOFM General Terms and Conditions
PROMOTER NAME/S & ABN/S: Western Broadcasters Pty Limited ABN 81 000 037 329
STATIONS: 2DU 1251AM & 972AM & 92.7 & 91.1 ZOOFM
WEBSITES: www.2du.com.au & www.zoofm.net.au
STATE OR TERRITORY: NSW
START DATE & TIME: Wednesday 10th July 2019 at 12:01am
CLOSE DATE & TIME: Friday 10th July 2020 at 12:00am
1. THIS DOCUMENT:
1. The following General Terms & Conditions apply to all competitions, giveaways and promotions (“Promotion/s”) run by 2DU & ZOOFM.
2. In the event that a Competition Terms and Condition Schedule (“Schedule”) has been published in respect of a Promotion then these General Terms
and Conditions are subject to all terms and variations as are specified in the Schedule for the purposes of that Promotion.
3. The “Promoter” is Western Broadcasters Pty Limited ABN 81 000 037 329 trading as 2DU & ZOOFM unless otherwise specified in a Schedule for
4. These General Terms and Conditions and the terms and conditions of any applicable Schedule are collectively referred to as the “Terms and Conditions”.
2. CONDITIONS OF ENTRY:
1. By submitting an entry to a Promotion, the entrant acknowledges and agrees to be bound by the Terms and Conditions.
3. WHO MAY ENTER PROMOTIONS:
1. Promotions are open to permanent residents in the State or Territory in which details of the Promotion are broadcast by the Radio Station unless
otherwise specified in the Terms and Conditions.
2. Some Promotions will only be open to persons who are 18 years of age or older at the time of lodging their entry.
3. The Promoter may specify health, fitness or other requirements for entry if a Promotion requires any form of participation on the part of the
entrant or other persons. Such requirements will be determined by the Promoter at its discretion with regard to the health and safety of all
4. The Promoter may at its discretion withdraw or exclude any person from the Promotion or participation in any prize based on that person’s health
or medical history.
5. Unless otherwise stated in a Schedule for a Promotion, each entrant may only enter a Promotion once.
6. Entries can only be made in an individual’s own name and in their own capacity and no entry can be made for or on behalf of any other person,
venture or organisation.
7. Promotions are not open to:
§ employees of, or contractors to, the Promoter or any of its agencies or affiliated companies involved with the Promotion;
§ the spouse, de facto spouse, parent, natural or adopted child, or sibling (whether natural or adopted by a parent) of such employees and contractors
(whether or not they live in the same household);
§ any person who is discovered to have used or attempted to use any more than one name in order to qualify to win any Promotion run by the Promoter
except in the case of a legal change of name;
§ any person where that person or anyone from the same family or household has won a prize or prizes from 2DU & ZOOFM or any other Broadcast
Operations Pty Ltd (ABN 93 000 266 624) Radio Station in the 30 days prior to the commencement of the Promotion.
8. All contestants acknowledge and agree that the Promoter can rely on the Terms and Conditions and in particular, this Clause 3 even if the Promoter
only learns of a person’s ineligibility after the Promoter has or appears to have awarded the prize to the ineligible person. In those circumstances,
the Promoter can require return of the prize or payment of its value to the Promoter.
4. ENTRY REQUIREMENTS:
1. All entries must be lodged in accordance with the requirements of the Terms and Conditions for the specific Promotion.
2. 2DU & ZOOFM is entitled at its sole discretion to reject or disqualify any entry which it determines to be incomplete or ineligible or which
in the sole opinion of the Promoter contains unlawful, defamatory, offensive or other material which if published or broadcast would place
the business interests of the Promoter at risk or adversely affect the goodwill, name or reputation of the Promoter.
3. All entries in any form, whether written or delivered by email, telephone, SMS or otherwise are deemed received only upon actual receipt of
a complete and eligible entry by the Promoter. In the case of online entries by way of website or other communication application, an entry
will not be deemed received unless and until a complete and legible entry is received onto the Promoter database. The Promoter shall have no
responsibility for the failure of any means of communication whether within the Promoter’s control or otherwise.
1. All prizes will be awarded either:
1. where a Schedule applies in respect of the Promotion, as provided for in that Schedule; or
2. In other cases as is published by the Promoter in respect of the Promotion.
2. All prizes must be collected within 3 months of the date of notification of winners as provided for below. Subject to the regulatory requirements
of the individual States or Territories, prizes not collected within 3 months will be forfeited and will be redistributed into the prize pool
of the associated station and used for alternative contest giveaways. See clause 7 regarding Prize Collection
3. All prize items are valued based on recommended retail pricing inclusive of GST and the Promoter takes no responsibility for any variation in
4. Any taxes which may be payable as a consequence of a winner receiving the prize are the sole responsibility of that winner.
5. Prizes are non-transferable and may not be redeemed for cash.
6. Cash: will be paid by cheque drawn payable to the winner only.
7. Vouchers: 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.
8. Tickets: If a prize comprises tickets or attendance at any function or event, the Promoter accepts no responsibility or liability in respect
of the function or event. Should the function or event be cancelled, postponed or otherwise varied, including but not limited to by the substitution
of the promoted performers, then the Promoter has no responsibility to provide alternate or substitute tickets or to provide any cash equivalent
in substitute for the tickets. The winner will in all respects be bound by and comply with the terms and conditions applicable to such event
or performance including but not limited to the requirements for responsible service of alcohol and the right of the Promoter, the organiser
of such a function or event or their respective contractors or representatives the right to refuse the winner and/or any guests of the winner
entry or service.
9. If the specified prize becomes unavailable due to general unforeseen circumstances, the Promoter may substitute a prize of like or equal value,
subject to state regulations.
10. If the specified prize becomes unavailable due to acts of terrorism or acts of god (IE flooding or other natural disaster). The Promoter and
its associated promotional partners will not be liable for replacement of any prize.
11. Where a prize includes backstage or other opportunities to meet performers or celebrities, all such opportunities are at the discretion of
the relevant artist or celebrity and their management and the Promoter will not be responsible or liable in the event that such meet and greet
opportunities do not take place and no replacement tickets, cash substitute or other compensation will be payable in any form by the Promoter
in these circumstances.
12. If a prize includes attending an event where alcohol is served, then a winner and any accompanying guests must be 18 years of age or over and
must carry with them at all times during such event valid photographic identification and must provide such proof of age for inspection on
request. 2DU & ZOOFM encourages consumers to enjoy alcohol responsibility. Legal aged consumers are advised to adhere to the safe drinking
levels recommended in the National Health and Medical Research Council Australian Alcohol Guidelines.
13. Unless otherwise specified, the class of travel for a travel prize incorporating an airfare is economy class.
14. Any prize comprising accommodation will be for accommodation costs only and does not include additional charges (such as mini bar, in-room
entertainment, dry cleaning, room service or other additional charges) unless additional room service or other related charges are expressly
stated to be included in the Schedule for the Promotion.
15. All prizes awarded are for the benefit of the entrant only unless otherwise specified in a Schedule for the Promotion and are non-transferable.
Prizes must be used within the applicable time frames and dates specified for the purposes of the Promotion and may be subject to availability
and school holiday or peak season exclusions.
16. Where a prize includes travel, it is the responsibility of the winner to take out appropriate travel and related insurance at their own cost.
17. If a prize includes overseas travel then unless otherwise specified in a Schedule for the Promotion, the prize will exclude applicable Government
taxes and charges. It is the responsibility of the entrant to ensure they and any accompanying persons hold valid passports and comply with
all legal and regulatory requirements for the travel component of any prize. All travel is at the entrant’s own risk and the Promoter accepts
no liability or responsibility whatsoever in respect of loss or injury caused during such travel. Failure for any reason to utilise a prize
comprising travel within the specified dates will result in the forfeiture of the prize.
18. 2DU & ZOOFM may at its absolute discretion withdraw or exclude any person from the Promotion or participation in any prize if that person
at any time behaves in a manner which in the opinion of the Promoter or the staff contractors or representatives of the operator of any event
comprising a prize in a Promotion is inappropriate or offensive or is or could be considered antisocial, dangerous or threatening or which
may cause injury to themselves or any other person.
19. The decision of 2DU & ZOOFM will be final in determining the winner of each Promotion. This will include but not be limited to adjudicating
on whether answers to quizzes are correct or otherwise and in the event of a tie or draw in a Promotion determining at its discretion which
entrant shall be declared the winner.
20. No individual prize will exceed $1,000 and total prize pool is $100,000.
21. If 2DU & ZOOFM becomes aware at any time, including after a winner has been announced, that an entrant has not complied with these Terms
and Conditions or other terms and conditions of the Promotion, the entrant will have no entitlement to any prize and, as required by the Promoter,
must return or repay the full value of any prize received.
2. PARTICIPATION IN ACTIVITIES AND PRIZES AND INDEMNITY:
1. Any entrant or winner participating in any activity for the purposes of the Promotion or in respect of any prize agrees to fully release and
indemnify to the maximum extent permissible by law, 2DU & ZOOFM and Broadcast Operations Pty Ltd and their respective contractors, employees,
directors and officers in respect of any claim for accident, injury, property damage, financial loss or loss of life in connection with the
entrant or winner’s participation in the Promotion or prize.
2. The indemnity granted by each entrant and winner to the Promoter and Broadcast Operations Pty Ltd and their respective contractors, employees,
directors and officers pursuant to Clause 6.1 includes in respect of any cost, loss, expense, damage or liability whether direct or indirect
or consequential, (present or future), and any fine or penalty incurred by the entrant or winner.
3. In respect of any prize comprising travel or any other activity, the winner expressly acknowledges that undertaking such travel or activity
is at the winners own risk and sole discretion and that the winner will make their own assessment of the risks and of their own suitability
to participate in or to undertake such activity or travel.
4. Each entrant and winner may at the discretion of 2DU & ZOOFM be required to execute a Deed of Indemnity & Release prior to their participation
in a Promotion or prize in a form determined by the Promoter. The Promoter may deem an entrant ineligible to participate in a Promotion or
ineligible to win a prize if they fail to provide such release or indemnity on request.
5. Winner may substitute a proxy to take part on their behalf – full details of proxy will need to be provided to the promoter prior to activity
commencement. Such proxy to provide a release and indemnity in accordance with clause 6.1 and otherwise to be bound by the Terms and Conditions
of the Promotion.
6. Where an entrant or winner is under the age of 18, their parent or guardian will be required to sign the necessary indemnity and consent forms
in order for the entrant to participate in the Promotion or prize.
7. By participating in the Promotion contestants accept these Terms and Conditions.
3. PRIZE COLLECTION:
1. Prizes must be claimed in person unless the winner is advised otherwise by the Promoter. The winner will be required to provide photographic
identification for the purposes of collecting the prize. The collection of prizes is the sole responsibility of the winner.
Prize collection from our Studio and Office complex 33-35 Carrington Avenue NSW 2830 during business hours (8:30am – 5:00pm weekdays) unless otherwise
2. For cash prizes, photographic identification must be provided in person at least 5 business days in advance of the intended pick up date to
enable cheques to be drawn. Photographic identification will also be required when collecting the prize.
3. Prizes will not be sent via any means including post, courier or electronically unless otherwise stated by 2DU & ZOOFM.
4. If a prize is mailed to an entrant by the Promoter the Promoter shall not be responsible for any replacement or compensation if the prize is
lost or is delayed so that for example tickets arrive after their scheduled event. It is at the sole discretion of the Promoter whether or
not to mail any prize.
5. A copy of the Terms and Conditions and/or a signed receipt and acknowledgement must be signed and endorsed by any winner to indicate his/her
understanding and acceptance of these terms.
6. Prizes will only be awarded following winner validation and verification. The determination of 2DU & ZOOFM or such judges as are nominated
by 2DU & ZOOFM are final and no correspondence will be entered into.
1. Each entrant consents to the content of their entry and any telephone entries or other call with the Promoter being recorded, broadcast and
published online by the Promoter without payment.
2. If an entrant submits a photograph as part of a Promotion the entrant consents and hereby grants to the Promoter all rights necessary for the
Promoter to edit and publish on its website the photograph at the Promoter’s discretion and for other publicity purposes associated with the
promotion of the Radio Station. The entrant warrants to the Promoter that all parties shown in the photograph have provided their consent for
the purposes of the Promotion and that the photograph is in fact a photograph of the entrant where this is a requirement of the Promotion.
3. Acceptance of a prize constitutes permission for the Promoter to use winner’s name, suburb of residence, recording of winner’s voice, photos
and likeness and filming for advertising and promotional purposes by the Promoter for broadcast by radio and for use on line without compensation,
unless otherwise prohibited by law.
5. EXCLUSION OF LIABILITY:
1. The Promoter takes no responsibility for the loss of prizes due to incorrect or imprecise delivery details provided by an entrant.
2. The Promoter makes no representations or warranties as to the quality, suitability or merchantability of any goods or services offered as prizes.
3. To the extent permitted by law, the Promoter is not liable for any loss suffered or sustained to personal property and including, but not limited
to consequential (including economic) loss by reason of any act or omission, deliberate or negligent, by the Promoter, or its servants or agents,
in connection with the arrangement for supply, or the supply, of any goods or services by any person to the prize winner(s) and, where applicable,
to any persons accompanying the winners.
4. A winner (or his or her guests, parent or guardian as appropriate) may be required to sign and return any liability release provided by the
Promoter 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 the selection of another winner.
6. OWNERSHIP OF ENTRIES:
1. All entries (whether in written, audio or visual form, or a combination of those) become and remain the property of the Promoter (subject to
the limits contained in the Privacy Statement).
1. The Promoter 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.
2. The Promoter 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 Promotion is not capable of operating as planned, including infection
by computer viruses, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter which corrupts or affects
the administration, security, fairness, or proper conduct of the Promotion, then the Promoter reserves the right, at its sole discretion, to
cancel, terminate, modify or suspend the Promotion.
3. The Promoter reserves the right, in its sole discretion, to disqualify any individual for:
§ tampering with the entry process, including exceeding any limitation on the numbers of entries, or any other process as determined by the Promoter
that in any way affects the fairness of the promotion;
§ tampering with the operation of the Promotion or any web site of the Promoter or associated with the Promotions;
§ acting in violation of these Terms and Conditions; or
§ Acting in an unsportsmanlike or disruptive manner.
4. If an entrant selected as winner is found to be in breach of these Terms and Conditions 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 the
1. Subject to the regulatory requirements in each State or Territory, 2DU & ZOOFM may at its discretion vary the Terms and Conditions or terminate,
vary the Terms of Conditions for Promotion or terminate entirely a promotion.
1. Participation in the Promotion constitutes the entrant’s unconditional agreement to and acceptance of the Terms and Conditions. The Terms and
Conditions may change from time to time. The entrant is responsible for ensuring his or her familiarity with the Terms and Conditions for the
Promotions at the time of participation. The Promoter’s decision not to enforce a specific restriction does not constitute a waiver of that
restriction or of the Terms and Conditions Promotion generally.
1. All personal information submitted by any entrant for the purposes of a promotion will be governed in accordance with the Privacy Statement
General terms and Conditions - 2DU & ZooFM