Channel [V] “OZ Artist Of The Year 2007” competition
Terms and Conditions

Entry into the competition

1. Entry into the Channel [V] “Oz Artist Of The Year 2007” competition (the “Competition”) is open to all residents of Australia. The Promoter is XYZnetworks Pty Limited (ABN: 71 066 812 119) of Level 1, 5 Thomas Holt Drive, North Ryde, NSW 2113 (the “Promoter”). Information on how to enter forms part of the terms of entry. Entry into the competition is deemed acceptance of these terms and conditions.

2. The officers, management and employees (or immediate family of an officer, manager or employee) of the Promoter, the agencies associated with this Competition, FOXTEL, AUSTAR, Optus TV and their related bodies corporate are not eligible to enter.

3. Competition begins at 04:00pm (AEST) on Wednesday 19th September 2007 and finishes at 8.59am (AEST on Monday 22nd October 2007 (the “Competition Period”). All votes submitted during the Competition Period will go into the draw to win the prize. However, you can submit votes for your favourite Oz Artist of the Year both during the Competition Period and afterwards up until Sunday 28th October 2007 at 01:00pm (AEST) (the “Voting Period”). Any votes submitted after the Competition Period has finished but before 29th October 2007 at 01:00pm (AEST) will be counted in the vote tally but will not be eligible to win a prize.

4. To enter the Competition and be eligible to win, entrants must vote for their Top 50 Australian Artists of the Year between 04:00pm on Wednesday 19th September 2007 and 03:59pm on Wednesday 3rd October 2007. These votes are then counted and narrowed down to 4 artists. Between 04:00pm on Wednesday 3 October 2007 and 08:59am on Monday 22nd October 2007 entrants will be able to vote from the top 4 artists to decide who will be the Channel [V] Oz Artist of the year. Entrants must enter via one of the following methods:

            

(A) SMS: All SMS entrants must submit their vote and name to 1999 85 85. Maximum SMS call cost is 55 cents including GST. Some mobile services may not be able to send an SMS to this premium service number. Entrants should check with their service provider. SMS entries via payphones, the internet or computer generation are invalid and will not be accepted. Incomplete entries will be ineligible. The Prize winner will be the account holder of the mobile phone that sends the SMS.

(B) Online: All online entries must be submitted via the Channel [V] website (www.channelv.com.au) (the “Channel [V] website”) and must include the entrant’s vote, name, address, postcode, daytime contact phone number, and email address to be eligible. Incomplete entries will be ineligible.


5. CAPPING OF VOTES

            

(A) Entry into the competition to win a prize:
During the Competition Period and subject to clause 5, entrants can submit their votes as often as they like and by whichever entry method they like to go into the draw to win the prize.

(B) Voting for your favourite OZ Artist of the Year:
During the Voting Period and subject to clause 5, entrants can submit their votes via any of the entry methods, however, the tallying of votes (for both the Top 50 Australian Artists and the Channel [V] Oz Artist of the Year) will be capped as follows:

Voting Method Number of votes counted
Online (Channel [V] website) 10 votes per artist, per user name, per day
SMS 10 votes per artist, per mobile number, per day

Any eligible Online or SMS votes entered over the above limits will not be counted in the voting tally, but if submitted during the Competition Period will still be counted towards the chance to win the prize.

PRIZES

6. There is 1 prize which consists of:

            

• 4 x return domestic economy airfares from Major Prize winner’s nearest capital city to Sydney valued at a maximum of $5,000;

• 2 x nights’ accommodation in Sydney in a 3 star apartment for 4 people valued at a maximum of $1110;

• Limo transfers from Sydney accommodation to the ARIA Awards event (the “ARIAS”) valued at a maximum of $330; and

• 4 x General Admission tickets to attend the ARIAS (the “Event”) to be held at The ACER Arena in Sydney, NSW (the “Venue”) on Sunday 28th October 2007 valued at a maximum of $49.80 per ticket ($199.20 in total) .

• 4 x Ray-Ban gift bags each to the value of $250, each bag included 1 x pair of Ray-Ban sunglasses, 1 x sports bag, 1 x t-shirt, 1 x lanyard, 1 x key holder, 1 x credit card holder, 1 x padlock, 1 x notes diary and 1 x mug.
(the “Prize”).


7. The total Prize pool is valued at $7,639.20. The Prize is subject to availability and the terms and conditions of the entities supplying the elements of the Prize and must be taken on dates specified by the Promoter. The Promoter is neither responsible nor liable for any change in the value of the Prize occurring between publishing date and date the Prize is claimed. All Prize values are in Australian dollars.

JUDGING AND AWARD OF PRIZE

8. There will be 1 Prize winner. The Prize winner will be randomly selected from all eligible entries received during the Competition Period. The draw will take place at 5th Finger Level 9, Tower Building, Australia Square, 264 George St. Sydney, NSW, 2000 on Monday 22nd October 2007 at 04:00pm (AEST). The Prize winner will be contacted by phone and in writing on Monday 22nd October 2007, and their names will be published in The Australian on 24 October 2007. The details of the Prize winners will also be published on the Channel [V] website from the 24th October 2007.

9. The Prizes are not transferable or redeemable for cash. The Prizes or any element of the Prize cannot be exchanged for any other prize. The contents of the Prize will be at the Promoter’s sole discretion.

10. The use of any automated entry software or any other mechanical or electronic means that permits the participant automatically to enter repeatedly is prohibited.

11. The Promoter accepts no responsibility for outdated or incorrect contact details or contact details by which the entrant cannot be contacted during business hours on the relevant dates or during the contact period as outlined in Clause 8. As the Prize is date dependent if despite every reasonable effort, the Prize winner cannot be contacted or does not claim the Prize by 9:00am (AEST) on Thursday 25th October 2007, the Promoter reserves the right to conduct such further draws as may be deemed necessary to distribute the Prize and avoid the relevant date passing.

12. The Promoter shall conduct such further draws as may be deemed necessary at 5th Finger Level 9, Tower Building, Australia Square, 264 George St. Sydney, NSW, 2000 on Thursday 25th October 2007 at 9:00am (AEST). In the event that the winner(s) previously drawn are from SA, this draw will occur on Monday 23 January 2008 at 3:00pm (AEST) at 5th Finger, Level 9, Tower Building, Australia Square, 264 George St. Sydney, NSW, 2000. The Prize winners will be contacted by phone and in writing, and their names will be published in The Australian on 30 January 2008.

13. If a Prize winner can not be contacted or does not claim the Prizes by the stipulated date, the Prize will be forfeited and a substitute prize will not be offered in lieu of the Prize.

14. In the event that the Prize winner is less than 18 years of age, the Prize winner must be accompanied by their parent or legal guardian. The parent or legal guardian must accompany the Prize winner at all times throughout the conduct of the Prize. The parent or legal guardian will be considered as the travelling companion (the “Guest”) of the Prize winner (i.e. the Major Prize winner must bring their parent or legal guardian as one of their Guests).

GENERAL

15. All ancillary costs incurred in taking and using a Prize (including but not limited to meals, mini bar, additional spending money, insurance and taxes) are the responsibility of the Prize winner and their Guests. Unless expressly stated as being part of a Prize, all other expenses are the sole responsibility of the Prize winner and their Guests. If a Prize winner or their Guests resides in the Sydney region (which shall be decided in the absolute discretion of the Promoter), then the flight element of the Prize will be forfeited and cash or an alternative prize will not be awarded as a substitute for that element of the Prize.

16. All entrants agree to provide the Promoter or the Promoter’s authorised agent with proof of identity, residency, age and/or proof of entry validity if selected as a Prize winner or if reasonably requested by the Promoter or the Promoter’s authorised agent. Proof of age, identification, residency and entry considered suitable for verification is at the sole discretion of the Promoter. In the event that a Prize winner cannot provide suitable proof, the Prize winner will forfeit the Prize in whole and no substitute will be offered.

17. It is a condition of accepting a Prize that the Prize winner and their Guests may be required to sign a legal release in a form determined by the Promoter in its absolute discretion.

18. It is a condition of entry that Prize winner and their Guests must be available to travel to Sydney on the date specified by the Promoter in Clause 6 to coincide with the date of the Event.

19. The Promoter reserves the right to refuse to allow the Prize winner or his or her Guests to take part in any or all aspects of the Prize, if the Promoter determines, in its absolute discretion, that a Prize winner or his or her Guests are not in the mental or physical condition necessary to be able safely to participate in the Prize.

20. No responsibility will be taken by the Promoter, Channel [V], FOXTEL, AUSTAR or Optus TV for any changes in dates, times or cancellations or other arrangements that may prevent the Prize winner from winning the Prize.

21. Subject to relevant state authority approval, the Promoter reserves the right, in its absolute discretion, at any time before the awarding of the Prize to vary, postpone or cancel the Competition or the award of a Prize including without limitation, circumstances where, in the Promoter’s opinion (which it shall form in its absolute discretion):
(a) the Prize winner did not satisfy the Competition entry requirements; or
(b) the Promoter cannot conduct the Competition for any other reason beyond its control.

22. Subject to relevant state authority approval, in the event that the Promoter cancels the Competition, postpones, varies or withdraws the Prizes it shall not:
(a) be liable to any person for any loss or damage (including loss or damage caused by any negligence) arising out of, or in connection with, such cancellation, postponement, variation or withdrawal; and
(b) be required to conduct the Competition at any other time.

23. No responsibility will be accepted by the Promoter for late, lost or misdirected entries and all entries are deemed to be received at the time of receipt of the entry into the Competition database and NOT time of transmission by the entrant. It is each entrant’s responsibility to inform the Promoter if his or her contact details change during the Competition Period.

24. A decision of the Promoter in relation to the conduct of the Competition is binding and conclusive and no correspondence will be entered into.

25. Entrants enter the Competition at their sole risk. With the exception of liability which cannot be excluded by law, the Promoter shall not be liable for any loss or damage which is suffered (including but not limited to indirect or consequential loss) or for personal injury suffered or sustained as a result of taking the Prize or entering the Competition.

26. All entries become the property of the Promoter and may be communicated to the public by the Promoter or used for promotional purposes, subject to the Promoter’s privacy policy. By entering the Competition, the Prize winner agrees to the use of their name, image, audio-visual recording and/or photograph/s, without compensation, and agree that the Promoter will own copyright in any such images, audio-visual recordings and/or photograph/s.

27. Authorised under permit numbers: NSW: LTPS/07/24358 VIC: TP 07/3350 , SA: T07/3492 , ACT: TP 07/03290.02

28. If you require any further entry details please write to XYZnetworks Pty Limited (ABN: 71 066 812 119) at GPO Box 2692 Sydney NSW 2001.