Terms & Conditions

TERMS AND CONDITIONS

The following terms and conditions apply to 96fm's Online Army (Rules).
The promoter is 96fm Southern Cross Radio Pty Ltd of 169 Hay Street, East Perth WA 6004 (96fm).
These Rules and the specific terms and conditions are available on the 96fm Online Army website and 96fm Reception.
When recruits (recruits) join the Online Army, recruits:

Accept these Rules and any specific terms and conditions;
Acknowledge the Southern Cross Broadcasting Group Privacy Policy; and
Give the consents in relation to personal information as set out in these Rules.

1. ONLINE ARMY MEMBERSHIP

Membership of the 96fm Online Army is strictly limited to residents of the Western Australia. Membership is not open to any employees or their immediate families (spouse, parent, child or sibling) of 96fm, Voucherbank Pty Ltd, Eaglehawk (WA) Pty Ltd, or any of their related companies.

96fm reserves the right to accept or reject any application for membership at its sole discretion.

Recruits may be disqualified and/or have their membership terminated at 96fm's discretion.

Online Army Recruits must use their correct legal identity when applying for or amending their membership. Recruits must provide proof of legal identity and residency within 14 days of a request from 96fm. Recruits can only register in 1 name and have 1 membership (e.g. recruits must not register under both a maiden and married surname). If a recruit is found to have used false identification, a false or non-permanent address to register for the 96fm Online Army or has more than one membership account, 96fm can court-martial (cancel) their membership. Furthermore if that person has successfully won prizes, each prize or it's value will be recoupable by 96fm upon demand.

Online Army Recruits will be issued a Username (Nicjname) and Password which they will need participate in the Online Army.

Recruits are responsible for maintaining the security of their password and email account. The 96fm Online Army Administrators (the MP's) will send an email to the recruit's nominated email account confirming their membership, Username and Password.

96fm reserves the right to terminate the Online Army at any time for any reason whatsoever and terminate all memberships and points accrued by recruits.

2. ONLINE ARMY RANKS

Online Army recruits can ascend the ranks as they gather points and recruit other recruits. The ranks are :

Private
Corporal
Sergeant
Lieutenant
Captain
Major
Colonel

All Online Army Recruits start as a Private and are placed in a platoon. If the recruit has not been referred by another recruit they will be allocated to the next available 'training' platoon. If they have been recruited they will be issued with a Recruit Id and be placed in the platoon of the existing recruit that recruited them.

If a new recruit registers for the Online Army without providing a referring Recruit Id (ie their recruiter) then the new recruit is placed into the first of the training platoons that has less than ten recruits.

If a new recruit enlists with the Id of an existing recruit then the 'recruit count' for that recruit is incremented. Their 'rank' is then checked to see if they have passed a 'promotion threshold' whereby they will be promoted to the next rank.

The 'training' platoons will be named randomly as three letter acronyms such as 'ABC' - Alpha Bravo Charlie, and 'XFL' - Xray Foxtrot Lima

When a recruit is promoted to Sergeant they will then be able to name their own platoon. As a private or corporal, recruits are still considered to be part of their recruiter's platoon.

As recruits recruit new recruits to the Online Army they are promoted though the ranks based on thresholds set by the MPs.

3. PRIZES

From time to time certain prizes will be made available to win online.

Some recruits may be ineligible to win certain items due to age or legal requirements (ie Alcohol related prizes, movies rated MA & R ). Where applicable, the eligibility requirements will be clearly specified next to the prize or in the specific terms and conditions.

All prize values are quoted in Australian dollars and GST inclusive.

Prize values are based on retail quotes obtained by the supplier at the time of offering the prize. If the retail price of the prize is increased after this time, then the point value of the prize can be increased accordingly.” Should a significant component of prize change in value, 96fm reserves the right to adjust the remainder of the prize accordingly so that the components meet the specified total value.

Prizes are non-transferable and not redeemable for cash and must be collected within any specified deadlines.

96fm will not be held accountable or liable if any prize or any part of any prize is not provided due to any reason beyond its reasonable control. 96fm may substitute a different prize in place of any prize in its absolute discretion. 96fm will not be held accountable or liable in any way as a result of a recruit accepting a prize.

Prize winners will be required to personally provide photo identification and proof of identity, age and residency at 96fm's premises – Level 1, 169 Hay Street East Perth – to claim their prize.

Recruits that win a prize in breach of these Rules will forfeit their claim to the prize.

4. POINTS

There will be an award points system used in the 96fm Online Army.

Points are earned in the following ways:

On signup
On birthdays
Submission of keywords
Completion of questionnaires
Adjustment by administrator
Other activities notified by 96fm from time to time

Points will enable recruits to bid in online auctions and redeem them for certain prizes where stipulated by 96fm.

Recruits can gain Points by completing various nominated tasks on the website or via email. 96fm will specify the tasks on air, via the Online Army web page or by email. A specific number of points will be allocated to each task.

Points will be added to the recruit's account upon successful completion of each nominated task. It may take up to 48 hours for Points to be processed to a recruitship account.

96fm will credit 50 points to each recruit on their Birthday each year. 96fm will credit 50 points to each recruit on sign up.

Recruits can use their accumulated Points to increase rank. Recruits will need to refer to the online army site for number of points required to progress in rank.

Once a recruit successfully acquires a new ranking or exchanges Points for an Army Store Item, the relevant Points will be automatically deducted from their account and are non-retrievable.

Recruits cannot sell or transfer any points to other Online Army recruits.

96fm will not be liable for any error in relation to or loss of a recruit's accumulated Points for any reason whatsoever.

Accumulated Points have no monetary value.

96fm reserves the right to disqualify any recruit from receiving a prize or item from the 96fm Online Army if the Points used to win that prize or acquire the item were obtained fraudulently.

96fm can request that the recruit returns any prize received or repay its retail value in cash if 96fm determines that the recruit has violated any of these Rules, or used any means to accumulate or use Points other than those clearly intended and announced either on air, via the website or via email.

Online Army membership will terminate automatically on the death of a recruit and any accumulated Points will be cancelled on termination of a membership. In the event of the termination of or material alteration to the 96fm Online Army accumulated Points or other benefits will be terminated.

5. NOTIFICATION

All winners will be notified by telephone or e-mail unless 96fm announces otherwise. Some winners will be notified on air also.

6. INDEMNITY AND LIABILITY

Each recruit must indemnify 96fm (and its officers, employees, agents, contractors and related bodies corporate) at all times against all liability, costs and expenses for loss or damage (including property damage, personal injury or death) suffered or incurred by it as a result of any act, omission, breach of these Rules or participation in the Online Army by the recruit.

96fm shall not be liable for any loss or damage whatsoever or howsoever arising which any recruit may sustain as a result of participation in the Online Army (including but not limited to loss or damage as a result of technical difficulties, erroneous point calculations, security breaches, use of prizes or prizes that cease to become available). The liability of 96fm pursuant to any warranties terms or conditions which arise or are implied pursuant to the Trade Practices Act and cannot be excluded shall be limited to the repair or replacement of any prize won by the recruit.

7. TAX

Winners are responsible for any and all taxes incurred in relation to their receipt of any prize(s) excluding GST. Winners should seek independent financial advice prior to accepting a prize if this is a concern.

8. 96fm's DECISION FINAL

All of 96fm's decisions will be final and cannot be contested. No correspondence or discussions will be entered into.

9. PRIVACY

The collection of personal information will be in accordance with the Southern Cross Broadcasting Group Privacy Policy and the following 96fm Online Army Privacy Policy (which is to be read as a supplement to the Southern Cross Broadcasting Group Privacy Policy).

The Station may collect and use personal information from recruits, such as a recruit's name, address, email address, photo, date of birth and online profile, and a recruit's activities within the website including log-ins, competition entries, platoon and recruit details, online 'chat' comments and responses to questionnaires. The Station may use this personal information for purposes including:

internal marketing analysis;
administering the Online Army; and
publication on the website (eg Tour of Duty, Online Army Message Board and Top Ten Army Officer Profiles).

The Station may disclose a recruit's personal information on the website to recruits and non-recruits.

Recruits consent to the collection, use and disclosure of their personal information as set out above. Recruits agree not to add on the website personal information about another person without first obtaining that person's consent. Recruits can log-in to access and update personal information in their profiles ('dog tags') at any time.

Recruits consent to receive the Online Army Electronic Newsletter and other communications from the Station in relation to the Online Army to their nominated email addresses.

10. NOTICE

96fm may have cause to give notice to a recruit from time to time, for example to terminate membership or notify a recruit about a breach of or amendment to these Rules. 96fm may provide notice by email to the recruit's nominated email address and notice takes effect and will be deemed as received either 48 hours after being sent or at the time it was opened and read, whichever is earlier.

11. FURTHER AMENDMENTS

96fm may amend these Rules at any time upon giving notice to recruits.

12. CODE OF CONDUCT

Recruits agree to the following Code of Conduct when using the Online Army website or posting any content including text, communications, software, images, pictures, video or audio recordings, sounds, data, or other information (Content) on the Message Board, Dog Tags or elsewhere on the Online Army website.

Recruits must not:

use the Online Army website to engage in any form of harassment or offensive behavior, including but not limited to posting Content on the Message Board, Dog Tags or elsewhere on the Online Army website that is defamatory, abusive, racist, sexist, pornographic, obscene, vulgar or otherwise objectionable;
forward chain letters, junk mail, “spam” or other unauthorized materials on the Online Army website;
use the Online Army website to infringe the privacy rights, property rights, or any other rights of any person;
post Content which in any way that:
1. infringes upon the rights of any third party, including but not limited to any copyright, trade mark, patent or trade secret or other personal or proprietary rights; or
2. is fraudulent or otherwise unlawful or violates any law; and
use the Online Army website to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services.
use the Online Army website to distribute or up load any virus, trojan horses or computer codes or do anything else that might cause harm to the Online Army website or to other recruits' systems in any way;
post any personal information or any information that violates any person's privacy including but not limited to any contact information, email addresses, telephone numbers, postal addresses, full names or any other information that may identify a person without their prior consent.

96fm reserves the right to remove, without warning, any Content posted or contributed by a recruit from the Message Board, Dog Tags or the Online Army website. 96fm is not in any way responsible for any Content posted by recruits and is not responsible to recruits if any Content is lost, denied or deleted from the Message Board, Dog Tags or elsewhere in the Online Army website.

13. INTELLECTUAL PROPERTY

Recruits assign all copyright and any other intellectual property rights in Content posted on the Message Board, Dog Tags or elsewhere on the Online Army website. Recruits consent that 96fm may make alterations to the Content posted by recruits and need not attribute the authorship of any Content, and recruits consent to any act or omission by 96fm in respect of the recruit's moral rights under Part IX of the Copyright Act 1968.

14. FURTHER RULES

Winners must sign the Online Army Rules and, where applicable, the specific terms and conditions, both in a form prescribed by 96fm Southern Cross Broadcasting Pty Ltd in order to receive their prize. Winners must sign a Deed of Release and Indemnity at the Station's request in order to receive certain prizes. In the event that a prize winner under the age of 18 years is permitted to accept a prize, the 96fm Online Army Rules and where applicable, the specific terms and conditions and/or Deed of Release and Indemnity must be signed by their parent or legal guardian.