Australia’s Got Talent 2016 Voting Terms and Conditions Australia’s Got Talent voting is the process of registering a vote for your favourite act featured on Australia’s Got Talent (“AGT”) either via SMS (“SMS Voting” or “SMS Vote”) or by calling a 1902 number (“1902 Voting” or “1902 Vote”) as advertised during the broadcast of Australia’s Got Talent on the Nine Network 2016 (“Voting Service”). Online 9Now Voting, SMS Voting and 1902 Voting is governed by the Terms of Use, which are available at https://campaign.ninemsn.com.au/2016/royalcaribbean/voting-terms.html (“Terms of Use”). Your use of and/or access to online 9Now Voting, SMS Voting or 1902 Voting constitutes your agreement to the Terms of Use. Nine Network Australia Pty Ltd (“Nine Network”) and FremantleMedia Australia Pty Ltd (“FremantleMedia”) reserve the right to amend the Terms of Use and these Voting Terms and Conditions at any time. Since you are bound by the Terms of Use, you should ensure that you have read and fully understood them. Wild Card Voting – Online Voting Only 1. During each Audition episode the online voting will open for viewers to vote for an Act they would like to go through to the Grand Final as the ‘Wild Card’ Winner. 2.

To cast a Wild Card Vote voters will access the free online 9Now website at: http://campaign.ninemsn.com.au/2016/royalcaribbean/vote.html and follow the directions provided to lodge a vote for their favourite Act.

3.

Voters must complete all required details when lodging their vote to be included in the competition prize draw. For full details of the competition and prize details please read the Australia’s Got Talent Wild Card Competition Terms and Conditions at https://campaign.ninemsn.com.au/2016/royalcaribbean/terms.html, or Wild Card FAQs at https://campaign.ninemsn.com.au/2016/royalcaribbean/faqs.html

4.

One (1) prize will be awarded to the 11th contestant/Act receiving the ‘Wild Card’ and one (1) prize will be awarded to a randomly selected viewer who has voted in the Wild Card Voting Service.

5.

Wild Card Voting will be open during the Voting Period timeframes stipulated below: Audition Voting Open at End of Episode / Voting Close at 12:00 AEDT Episode Voting Period 1 Monday 1 February 2016 Tuesday 2 February 2016 2 Sunday 7 February 2016 Monday 8 February 2016 3 Monday 8 February 2016 Tuesday 9 February 2016 4 Sunday 14 February 2016 Monday 15 February 2016 5 Monday 15 February 2016 Tuesday 16 February 2016 6 Sunday 21 February 2016 Monday 22 February 2016

6.

Contestants cannot vote for themselves or other contestants.

7.

In each of the six (6) x Audition Episodes listed above, up to six (6) Acts will be eligible for voting, to become a Wild Card finalist.

8.

The Act receiving the highest number of votes in each Audition episode voting period will be a Wild Card Finalist.

9.

At the end of all Audition voting periods, the Wild Card Finalist with the overall highest votes will be awarded the ‘Wild Card’ Winner, and will go directly in to the Grand Final Performance Show.

10. Multiple entries are not permitted within one (1) voting period. Voters can only cast one (1) vote on one device during the Voting Period. 11. Only Australian residents are eligible to vote using the Voting Service. Unless otherwise stated, all timing is in Australian Eastern Daylight Saving Time. 12. Residents under the age of 18 must obtain the prior permission of a parent or guardian over the age of 18 to vote. 13. There is no SMS Voting or 1902 Voting function for Wild Card Voting. Wild Card voting is by Online Voting only. 14. Authorised under permit numbers: NSW: LTPS/16/00359; SA: T16/90 ACT: TP16/00082. 15. Wild Card voting contact helpline 1300 851 419 and email [email protected] VOTING FOR SEMI-FINAL AND GRAND FINAL TO VOTE BY SMS 16. During the Semi-Finals and Grand Final Performance Show on Sunday 13 March 2016, SMS Voting is open to users who are connected to the Telstra, Vodafone, Optus, Virgin mobile and their associated digital networks and participating service provider customers with SMS compatible mobile digital phones. 17. To cast a SMS Vote for your favourite Act, using the Voting Service, you must send a text message from your mobile handset, with the name of the Act (as stated on screen during the broadcast of Australia’s Got Talent) you would like to vote for to 1970 2299. (Charge $0.55 (incl GST) per vote. SMS Helpline 1300 851 419). 18. Each SMS Vote will receive a free SMS message in return to confirm the vote/s has been received. 19. Voters must have Premium Services* enabled on their mobile phone by their telecommunications provider to be able to access the SMS and/or 1902 Call Voting Services. 20. Contestants cannot vote for themselves or other contestants. TO VOTE BY 1902 CALL 21. 1902 Voting is open to users who have access to 190 telephone-calling services. 22. To cast a 1902 Vote for your favourite ACT, using the Voting Service you must call the 1902 number that corresponds to your favourite ACT (as stated on screen during the broadcast of Australia’s Got Talent). (Charge $0.55 fixed (incl GST) per vote. Higher charges may apply for calls made from mobile phones. InfoCall Helpline 1300 851 419). 23. Voters will hear a recorded message on the telephone line confirming receipt of their vote. 24. Voters must take care when using the Voting Service as it is the voter’s responsibility to ensure the correct number is dialled and/or the correct Act name/title is sent by SMS. The Nine Network, FremantleMedia and Mnet Mobile Pty Ltd (the “Voting Service Provider”) will not be liable for costs incurred, responses received or any other consequences of user error. 25. The account holder is responsible for any activity and/or votes that have been submitted using their device (e.g. Phone, computer, tablet etc). It is the account holder’s sole responsibility to control any and

all access to their device. FremantleMedia, the Nine Network and Mnet Mobile Pty Ltd, will not be responsible for any loss, damage or costs incurred as a result of failure to comply with this. Voters must not use another’s device without express permission from the account holder. 26. Voters must have Premium Services* enabled on their mobile phone by their telecommunications provider to be able to access the SMS and/or 1902 Call Voting Services. 27. Each call registers one (1) vote for the nominated Act during the Semi-Final and Grand Final Performance Show Voting periods. 28. Contestants cannot vote for themselves or other contestants. SEMI-FINAL VOTING 29. The Semi Final Voting Service will first be available from Monday 22 February 2016 at the end of each Australia’s Got Talent Episode and will continue until the date and time notified to viewers as part of the broadcast of Australia’s Got Talent. Vote open and close times may vary. FremantleMedia and the Nine Network reserve the right to amend the Voting Period at any time, including but not limited to any changes in the broadcast times of Australia’s Got Talent. 30. Six (6) Acts will perform in each semi-final episode. At the end of each semi-final episode, the Judges will first select one (1) Act to be put through to the Grand Final Performance Show. From the remaining five (5) Acts, the Act with the highest number of viewer votes will also proceed to the Grand Final. 31. Unless varied or amended by FremantleMedia and the Nine Network, the Voting Service for Australia’s Got Talent will be available on the dates and times stipulated in the voting schedule below: Number of Number of Semi Voting Opens at End of Voting Closes at 12:00 Winners Winners Final Episode on… AEDT (Judge (Viewer Selected) Selected) 1 Monday 22 February 2016 Tuesday 23 February 2016 1 1 2 Sunday 28 February 2016 Monday 29 February 2016 1 1 3 Monday 29 February 2016 Tuesday 1 March 2016 1 1 4 Sunday 6 March 2016 Monday 7 March 2016 1 1 5 Monday 7 March 2016 Tuesday 8 March 2016 1 1 GRAND FINAL AND SNAP VOTE VOTING 32. During the Grand Final Performance Show Voting, viewers will be invited to call the 1902 number associated with their favourite Act or SMS the name only of their favourite Act. Eleven (11) Acts will be in the Grand Final Performance Show. The Top Five (5) voted Acts will proceed to the Grand Final Results Show Snap Vote. 33. The Grand Final Results Show Voting will be a Snap Vote through IVR voting only, to enable genuine and spontaneous Viewer Voting. Viewers will be invited to vote for their favourite Act from the remaining Top 5 voted Acts. 34. Snap Voting will open when announced in the Grand Final Results Show, and also communicated via “Australia’s Got Talent” 9Now website and official “Australia’s Got Talent” social media channels, after the final Act has performed. Snap Voting with be open for five (5) minutes. Voting will be available on the IVR numbers associated with the Acts named in the Grand Final Results Show and also advised on “Australia’s Got Talent” 9Now website and official “Australia’s Got Talent” social media channels. The top 5 Acts during the Grand Final Results Show Snap Vote will be allocated the same IVR number they had during the Grand Final Performance Show on Sunday 13 March 2016. 35. There is a 1902 Vote cap of one (1) vote per viewer phone number for the Grand Final Snap Vote only. Any votes received from a phone number after the one (1) Vote cap has been registered/received will be deemed an invalid vote. Voting costs will apply. The Nine Network, FremantleMedia and the Voting

Service Provider reserves the right to investigate the source of the voting and may, in its sole discretion, disqualify votes from an entrant. No refunds will be given for votes that are disqualified under this clause. 36. The Grand Final Winner of Australia’s Got Talent will be determined through a combination of the Grand Final Performance Show Voting and the Grand Final Results Show Snap Voting. 37. Unless varied or amended by FremantleMedia and the Nine Network, the Voting Service for the Grand Final for Australia’s Got Talent will be available on the dates and times stipulated in the voting schedule below: Grand Final Episode

Voting Opens at (AEDT)

Voting Closes (AEDT)

Grand Final Performance Show

Start of Episode on Sunday 13 March 2016 Monday 14 March 2016 after all acts have performed (Snap Vote)

Monday 14 March 2016 at 18:30 AEDT Monday 14 March 2016 Five (5) minutes after the last Top 5 Act performance

Grand Final Results Show (Snap Vote)

Number of Act Winners Top 5 1

38. The opening and closing times for the Voting Service using 1902 Voting, SMS Voting and Online 9Now Voting may vary. Under no circumstance will FremantleMedia or the Nine Network or the Voting Service Provider accept any responsibility or liability for costs incurred or any other consequence as a result of a viewer submitting a SMS Vote or 1902 Vote prior to or after the respective voting lines have been announced as opened and/or closed. This also includes, and is not limited to errors made as a result of time differences between time zones in Australia. 39. The Nine Network and FremantleMedia reserve the right to amend the voting times at any stage as a result of but not limited to changes in the broadcast time of Australia’s Got Talent by the Nine Network. 40. The Nine Network, FremantleMedia and the Voting Service Provider reserve the right to keep all voting tallies confidential. No results other than what is required for the purpose of the format of Australia’s Got Talent will be released to the public. 41. Any SMS Votes submitted and received by the Voting Service Provider’s database after the specified voting period has closed will not be included in the vote tally for that period but will be charged at $0.55 (incl GST). 42. Any 1902 Vote registered and received by the Voting Service Provider’s database after the specified voting period has closed will not be included in the vote tally for that period but will be charged at $0.55 (incl GST). 43. The Online 9Now Website voting service will not accept votes outside of the promoted voting periods. 44. Except where not able to be excluded by law: a. All content for the Voting Service is provided “as is” and without warranties of any kind, either express or implied b. Your mobile telephone carrier and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose c. Neither your mobile telephone carrier nor the Nine Network, FremantleMedia or the Voting Service Provider warrants that access to the Voting Service (including SMS Voting, 1902 Voting and Online 9Now website) will be available, uninterrupted, free from delay or error-free or that any defects will be corrected. 45. In order to provide a valid SMS Vote: a. Entrants must submit their entry via a mobile phone with a reply path. b. The SMS message must have passed through a Telecommunications carrier’s network to the Voting Service Provider’s database.

c. Automated votes submitted via computer modems, programs or any other means other than a mobile phone as specified above will be deemed invalid. 46. One valid SMS Vote, one 1902 Vote or one Online 9Now Website vote will count as one vote, however, the Nine Network and FremantleMedia reserve the right in their sole discretion to disqualify or discount: a. Any votes, however cast (or individuals from voting), that tamper with, or attempt to tamper with the Voting Service and/or the voting process, or b. Any votes, however cast (or individuals from voting, who) which corrupt or affect (or attempt to corrupt or affect) the administration security, fairness or integrity or proper conduct of a SMS Vote, 1902 Vote, the Voting Service and/or the voting process, or c. Any votes that FremantleMedia believe to be submitted via an automated process, including but not limited to computer modems, programs scripts or any other means other than the Voting Services specified in these Terms and Conditions, will be deemed invalid and discounted or d. Any votes that FremantleMedia considers to be manipulative, unrepresentative, disproportionate, obscene or offensive. 47. Voters acknowledge that all the decisions of Nine Network and FremantleMedia pertaining to this voting service are final and no correspondence will be entered into regarding them or the Australia’s Got Talent 2016 result. 48. Except for the Grand Final Results Show Snap Vote in which there is a Vote Cap of one (1) vote per viewer phone number and Wild Card Voting in which there is a Vote Cap of one (1) vote per device, there is no restriction on the number of times a user can SMS Vote or 1902 Vote during a relevant Voting Period, (subject to each vote being submitted separately and in accordance with the voting requirements and these Terms and Conditions). Every valid vote received on the Voting Service Provider’s database, by 1902 call and SMS will be counted as one (1) Vote and will be charged in accordance with the costs outlined in these Terms and Conditions. 49. Should an excessive number of votes be received from any user, within a single Vote Period or numerous Vote Periods, FremantleMedia and the Voting Service Provider reserve the right, at their sole discretion, to contact that voter as part of the Vote qualification process to ensure Voting is in accordance with these Terms and Conditions. The Voting Service Provider may contact the voter using their registered mobile or fixed line telephone number automatically registered at the time of submission of their SMS Vote or 1902 Vote, and this check (or any non-compliance with these Terms and Conditions) may result in the discount, invalidation or disqualification of any votes. 50. Voters acknowledge that any SMS Votes and/or 1902 Votes that are discounted, invalidated or disqualified in accordance with the provisions of these Terms and Conditions will still be charged at the advertised rate. The charges for all SMS Votes, 1902 Votes will appear on voter’s next mobile/telephone bill. All queries relating to mobile/telephone bills should be directed to voters’ mobile or telephone carrier. 51. All information, text, audio, material, graphics, software and advertisements contained in or forming the Voting Service (the “Content”) are the property of the Nine Network and FremantleMedia, its suppliers and/or licensors (including your telephone carrier) unless expressly indicated otherwise. The Content is protected by Australian and International copyright and trademark laws. You must not modify, copy, reproduce, republish, frame, upload to a third party, pots, transmit or distribute this Content in any way unless expressly authorised in writing by the Nine Network and FremantleMedia. 52. SMS Voting is not a guaranteed delivery communication tool. The Nine Network, FremantleMedia and the Service Provider cannot accept responsibility for any SMS Votes, messages or any SMS reply message not received, or for any delay in the delivery of the SMS message due to technical disruptions, network congestion, network failures or for any other reason. A vote is validated and included in the tally following receipt into the Voting Service Provider’s database from the carriers.

53. If for any reason this Voting Service is not capable of running as planned, due to causes including but not limited to tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Voting Service Provider which corrupt or affect the administration security, fairness, integrity or proper conduct of this Voting Service, the Voting Service Provider reserves the right in its sole discretion to disqualify any individual who tampers with the Voting Service and/or process, take any action that may be available, and to cancel, terminate, modify or suspend the Voting Service. 54. Voters acknowledge that if an Act or Acts for which they have voted is/are eliminated or disqualified from Australia’s Got Talent for any reason (in respect of which FremantleMedia’s decision is final and no correspondence will be entered into) then SMS Votes and/or 1902 Votes and/or Online 9Now website votes made for any such Act or Acts will not count in determining any Act’s or Acts’ progress or position in the competition for Australia’s Got Talent but will still be charged at the advertised rate. 55. In the event that there is a tied result, FremantleMedia and Nine Network will determine the manner in which the final outcome will be decided and judged. 56. Under no circumstances will FremantleMedia or the Nine Network or the Voting Service Provider be responsible for any fault, malfunction, damage or loss suffered by any third party (including viewers) due to unforeseeable circumstances, failure of technical or electrical facilities, technical failures, strike, lockout, dispute, illness, act of God, natural disaster, adverse weather conditions, war, riot, civil commotion, accident, epidemic or pandemic, malicious damage, fire, flood and/or storm, compliance with law or governmental order, rule, regulation or direction, breakdown of plant, machinery or transportation or other act or events of a similar or different nature beyond their reasonable control. 57. Under no circumstances will FremantleMedia, Nine Network or the Voting Service Provider be responsible or liable in respect of any claim, damage or loss however so arising in respect of Voting during the relevant Voting periods and the time differences between time zones in Australia. 58. FremantleMedia, Nine Network and the Voting Service Provider are not liable to you in respect of any loss or damage (inlcuding consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly as a result of your use of the Voting Service. 59. FremantleMedia or the Nine Network or the Voting Service Provider do not control all of the services relating to the broadcast of the Programme or a vote, and cannot guarantee the broadcast or availability of the Programme will be free from errors or omissions nor that the Programme will be available uninterrupted and operate in full or as advertised. These services may be suspended temporarily and without notice in the case of any problem with any telephone network or line, system, server, software, or for any technical malfunction or failure, maintenance or repair or for reasons beyond the control of FremantleMedia or the Nine Network or the Voting Service Provider. None of FremantleMedia or the Nine Network or the Voting Service Provider will be liable to viewers or to any other person in the event that any vote is lost, delayed or not properly received, registered or recorded or where all or any part of the service relating to a vote is discontinued, modified or changed in any way or that a Programme viewer is unable to vote. 60. These Terms and Conditions are governed by the laws of the State of New South Wales. 61. By agreeing to these Terms and Conditions, you indemnify FremantleMedia, Nine Network and the Voting Service Provider, and its directors, officers, employees and agents against any damage, cost, claim or loss arising in whole or in part, as a result of a breach by you of these Terms and Conditions. 62. If you have any queries in relation to these Terms and Conditions, you can contact Mnet Mobile Pty Ltd, the Voting Service Provider on 1300 851 419.

*Premium Services is an account setting with your phone carrier that controls your phone’s ability to connect to a premium number (e.g. any ‘19’ number). This is due to these numbers being charged at a higher rate by

the Service Provider. To enable Premium Services you need to call your phone carrier and ask them to enable Premium Services. It is important to note that not all phone carriers allow Premium Services to be enabled; and that any charges from a premium number will most likely not be included in any cap or plan that you have. These charges will be considered ‘3rd Party Charges’ by your phone carrier, and will either be: a) deducted from your available credit if you have a prepaid phone account or; b) billed as a 3rd Party Charge on the bill that covers the date that you voted.