INDEMNITY AND EXCLUSION OF LIABILITY DEED PRIZE WINNERS

(This document should be signed by the prize winner)

This deed is an important document which may involve the signatory giving up rights and
incurring obligations. It should be read with care. It is recommended that the signatory obtain
independent legal advice about the effect of this deed.
Prize winners
details

Full Name:
Date of Birth:
Residential
Address:
Email &
Telephone:

Bank Account
Details

Account Name:
BSB:
Account Number:

Optional
Additional
Details

Dietary Requirements or Allergies:

Any Pre-Existing Medical Conditions we should be aware of:

Prescription Medications we should be aware of:

Please note: Under no circumstance are you legally required to provide the Promoter with any
medical history or list of prescription medication you may currently be taking.

Competition

Name of
parent /
guardian (if
under 18)

5SOS Red Room The 5 Second Phone Call

(Smallzy Promotion)

The prize to be awarded to you is as described in the Competition Terms of Entry as set
out in Schedule 1 (the Competition Terms of Entry); and as set out below.

Prize

The prize to be awarded to you is:

a. Two (2) adult return airfares from the nearest capital city to the winners
registered residential address to Melbourne, Australia (inclusive of airfare
related taxes and charges);
b. One (1) night minimum three star accommodation in Melbourne, Australia,
twin share, to be shared by the winner and their companion;
c. Two (2) tickets to Novas Red Room in Melbourne, Australia; and
d. $250 cash (to cover transfers to and from airport and event venue)

Promoter

Nova 96.9 Pty Ltd (ACN 092 545 689) of Level 5, 33 Saunders Street Pyrmont NSW 2009

Congratulations!
You, the Prize winner listed above, have been selected to win the Prize, subject to the Competition
Terms of Entry (as set out in Schedule 1) and the following:
1

General
1.1

1.2

In consideration of the Promoter agreeing to your participation in the Competition and

awarding you the Prize (or any part of it), you agree to be bound by:
(a)

the provisions of this deed;

(b)

the Competition Terms of Entry; and

(c)

any additional terms and conditions and/or rules imposed by the Promoter in relation
to the Competition or the Prize.

You acknowledge that the Promoter has advised you to seek independent legal advice about
the effect of this deed and the Competition Terms of Entry and has provided you with the
opportunity to obtain such legal advice.

Prize
You:
(a) acknowledge that all or some elements of the Prize may be dangerous and/or carry risks. Without
limitation, you may suffer personal injury (including physical or psychological injury) or other
forms of loss or damage in connection with the Competition or accepting or using the Prize.
You voluntarily and freely accept all risks and danger associated with participating in the
Competition and accepting or using the Prize;
(b) acknowledge that the Promoter has given you every reasonable opportunity to consider the risks
and to withdraw from participating in the Competition or accepting or using the Prize;
(c) must comply with all reasonable directions issued by the Promoter, its related bodies corporate,
associated agencies and any organisation supplying the Prize and their respective directors,
officers, employees, agents and contractors (the Released Parties);
(d) acknowledge that you may suffer defamatory, negative or other derogatory comment made by the
Promoter or any other person in connection with the Competition and/or accepting or using
the Prize, which comment may be broadcast or otherwise communicated to the public by the
Promoter, in its absolute discretion, or others authorised by the Promoter, at any time and
from time to time;

(e) acknowledge that any domestic and/or overseas travel involved in the Prize carries risks, which
may include risks associated with flying by commercial airline, and you accept those risks;
(f) warrant that you are sufficiently healthy and fit to safely undertake the activities comprised in the
Prize. If you have any doubts about this, you must not undertake the relevant activities; and
(g) are responsible for all costs and expenses associated with accepting and using the Prize,
including without limitation any costs of accommodation, transfers, meals, taxes, insurance
and other ancillary costs, except as expressly provided in the Competition Terms of Entry.

Release in favour of the Promoter

3.1

The Released Parties will not be liable for any loss (including, without limitation, any damage
to property and any direct, indirect, economic, special or consequential loss), damage, cost,
expense, personal injury or death which is suffered or sustained (including but not limited to
that arising from any persons negligence) in connection with the Competition or in
connection with you accepting or using the Prize.

3.2

Without limiting paragraph 3.1, you unconditionally and irrevocably release and discharge
the Released Parties to the fullest extent that the law permits from and against any and all
Claims which you or any other person may have had, have now, or at any time in the future
may have against the Released Parties in any way arising out of or in connection with the
Competition and/or accepting or using the Prize (or any part thereof). The release given in
this paragraph in favour of persons not a party to this deed is intended to be and is directly
enforceable by each of those persons, and this deed operates as a deed poll in favour of
those persons

3.3

Without limiting paragraph 3.2, the Claims that you release the Released Parties from
include any claims resulting from the negligence of any Released Party, any claims
associated with any defamatory or negative comments or physical or psychological injury
and/or loss or damage suffered as a result of participation by you or any other person in the
Competition, any promotional activities, publications or broadcast of any of the foregoing
and/or accepting or using the Prize.

3.4

To the extent that any liability cannot be excluded by law by this paragraph 3, that liability is
limited to the minimum allowable by law. Nothing in this deed limits or excludes any
contractual term that, by operation of statute, cannot be excluded or limited. The liability of
the Released Parties in relation to any such contractual term is limited, where permissible by
law, at the election of the person or entity liable, to (in the case of a supply of goods) the
replacement or repair of the goods or the payment of the cost of replacement or repair, or (in
the case of a supply of services) the supplying of the services again or the payment of the
cost of having the services supplied again.

3.5

If the release in paragraphs 3.2 and 3.3 is not effective for any reason, you irrevocably and
unconditionally indemnify and agree to keep indemnified the Released Parties, to the fullest
extent possible, against any and all Claims in relation to the Competition or the Prize that
you or any other person may have against the Released Parties.

Promotional activities for the Promoter

4.1

You agree to participate in any media or promotional activities selected by the Promoter in
relation to the Competition or the Prize and agree that you will not be involved in any other
promotional activities of any kind in relation to the Competition or the Prize for or at the
request of any other person or organisation without obtaining the Promoters prior written
consent.

4.2

If you participate in any media or promotional activity under paragraph 4.1, you agree:

(a)

to express a positive view of the Released Parties (including their respective

operations), the Competition and the Prize; and

(b)
5
5.1

5.2

not to express a negative view of the Released Parties (including their respective
operations), the Competition or the Prize.

Promoter may publish promotional material

The Promoter (or any person authorised by the Promoter) may record, photograph or
publish, in any medium:
(a)

your likeness, name and personal details;

(b)

your participation in the Competition and acceptance and use of the Prize; and

(c)

your participation in any promotional or other activity connected with the Competition
or the Prize.

You agree that all intellectual property rights and other legal rights in or to any documents,
recordings, images, broadcasts or other materials produced in relation to the Competition
and the Prize, including, without limitation, sound, photograph or video recordings referred to
in paragraph 5.1 above, (Competition Materials) belong to the Promoter and/or the
Released Parties (as the case may be). You acknowledge and agree that you have no right
or interest of any kind in the Competition Materials.
Representations and Warranties
You represent and warrant to the Promoter that at all relevant times, you complied with the
Entry Restrictions as set out in the Competition Terms of Entry (if any), including, without
limitation, any restrictions in relation to age and that you continue to comply with those
requirements (as applicable) at the date of this deed.

Criminal Record
You represent and warrant to the Promoter that you do not have a criminal record or any criminal
charges pending. You consent to the Promoter conducting a criminal record check prior to your
participation in the Competition and/or the Prize. The Promoter may, in its sole and absolute
discretion, refuse your participation in the Competition and/or the Prize, if you have a criminal
record or any criminal charges pending. In these circumstances, you will forfeit all claims in
relation to the Competition and the Prize.

Alcohol and illicit drugs

8.1

The Promoter encourages moderation and a responsible attitude towards the consumption
of alcohol and does not condone underage drinking or the use of illicit drugs.

8.2

The Released Parties are in no way responsible for any consumption of alcohol by you or
any other person, or any effects or consequences of that consumption, in connection with
the Competition or the acceptance or use of the Prize. Any consumption of alcohol by you is
therefore entirely at your own risk.

8.3

Where, in the Promoters opinion, you are under the influence of alcohol or illicit drugs at the
time of accepting or using the Prize and the Promoter considers that your behaviour is
improper, unsafe or impacts on the wellbeing or enjoyment of other people, the Promoter
may take whatever action it deems necessary, including without limitation, disqualifying you
from participating in the Competition or from accepting, using or continuing to use the Prize
(or any part thereof). In these circumstances, you will forfeit all claims to the Prize (or the
relevant part thereof).

General

9.1

To the extent of any inconsistency between this deed and the Competition Terms of Entry,
the provisions of this deed prevail.

9.2

It is not necessary for the Promoter to incur any expense or make any payment before
enforcing a right of indemnity conferred under this deed.

9.3

The Promoter may enforce this deed, or any right arising under or out of this deed, for and
on behalf of any or all of the other Released Parties.

9.4

This deed is governed by the laws in force in the State where the Promoters address (stated
above) is located. You irrevocably submit to the exclusive jurisdiction of the courts of that
place.

10

Privacy
The personal information you provide will be collected, used and stored by the Promoter for
the purpose of administering the Competition and awarding the Prize. The Promoter may
disclose your personal information to its Australian related companies, promotional partners,
contractors, agents and other third parties to assist in conducting the Competition and
awarding the Prize, and communicating with you in relation to the Competition and the Prize.
Some recipients to whom we disclose your personal information may be located (or have
facilities located) overseas, such as our data storage providers. It is not practicable to list
every country in which such recipients are located, but such countries may include
Singapore and Hong Kong. Failure to provide the information requested may result in you
being unable to participate in the Competition and/or you being unable to be awarded the
Prize. The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1988
(Cth). The Privacy Policy of the Promoter contains information about how you can access
and correct the personal information the Promoter holds about you, how you can lodge a
complaint regarding the handling of your personal information and how any complaint will be
handled by the Promoter. If you have any queries or would like a copy of the Promoters
Privacy Policy, please contact the Promoter at its address stated above.

11

Definitions
In this deed:

(a)

the word Claim means any allegation, right to or claim for payment of a debt, cause
of action, liability, claim, proceeding, suit or demand of any nature howsoever arising
(including but not limited to negligence on the part of any person) and whether present
or future, fixed or unascertained, actual or contingent, whether at law, in equity, under
statute or otherwise and Claims has a corresponding meaning;

(b)

related body corporate has the meaning given in the Corporations Act 2001 (Cth)
from time to time and related bodies corporate has a corresponding meaning; and

(c)

unless the contrary intention appears, a reference in this deed to the word person
includes an individual, a firm, a body corporate, a partnership, a joint venture, an
unincorporated body or association, or any government agency or entity.

By signing below you agree to be bound by the terms of this deed.

EXECUTED as a deed poll.

DATED: . (insert date)

Signed sealed and delivered

by .
(print winners name) in the presence of:

)
)
)

...............................................................
Winners signature

...............................................................
Witness
...............................................................
Name of Witness (print)

Signed sealed and delivered

by .
(print winners parent guardian if under the age of
18) in the presence of:

...............................................................
Witness
...............................................................
Name of Witness (print)

)
)
)

...............................................................
Winners parent / guardian signature

Schedule 1 Competition Terms of Entry

See attached.