https://www.facebook.com/ThomasandFriends.AUNZ/app_143103275748075?ref=page_internal
WIN 1 of 5 Trackmaster™ Sets!
To celebrate the launch of our new Thomas & Friends™ Trackmaster™ range which makes way for FASTER SPEEDS, STEEPER HEIGHTS and more exciting adventures, we're giving away a Trackmaster™ Avalanche Escape set each week, for 5 weeks.-----------------------------------------------------------------------
“THOMAS & FRIENDS TRACKMASTER FACEBOOK LIKE” PROMOTION
TERMS AND CONDITIONS1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. The promoter is Mattel Pty Ltd (ABN 60 000 660 962) of 658 Church St. Richmond VIC 3121, telephone 1300 135 312 (“Promoter”).
3.
Entry is only open to Australian and New Zealand residents aged 18 years or over. 4. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
5. The promotion commences at 12:00pm AEST (i.e. noon) on 01/10/2014
and ends at 11.59pm AEDST on 02/11/2014 (“Promotional Period”). A prize draw will be conducted each week of the Promotional Period (“Weekly Draw”), for a total of five (5) Weekly Draws.
6. To enter the promotion, entrants must visit the Thomas & Friends Facebook Page at
https://www.facebook.com/ThomasandFriends.AUNZ (“Facebook Page”), become a fan of the Facebook Page by clicking the ‘like’ button (if not an existing fan); follow the prompts to the promotion entry form, input the requested details (including but not limited to their full name, age, telephone number, a valid email address and postal address) and submit the fully completed entry form so it is received during the Promotional Period.
7.
Only one (1) entry in the promotion is permitted per person and per Facebook account.8. Entrants will be ineligible to win if they "unlike" the Facebook Page at any time after entry into the promotion.
9. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
10. Incomplete or indecipherable entries will be deemed invalid.
11. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
12. Entries into the first Weekly Draw open at 12:00pm AEST on 01/10/2014 and entries into each subsequent Weekly Draw open as soon as entries into the previous Weekly Draw close. Entries into each Weekly Draw close at 11.59pm AEDST on the dates specified in the table below.
Weekly Draw Entries close Weekly Draw date Publication date
1 07/10/2014 09/10/2014 13/10/2014
2 14/10/2014 16/10/2014 20/10/2014
3 21/10/2014 23/10/2014 27/10/2014
4 28/10/2014 30/10/2014 03/11/2014
5 02/11/2014 06/11/2014 10/11/2014
13. There will be five (5) Weekly Draws conducted and winners will be drawn at random by a representative appointed by the Promoter to conduct the draw on its behalf. All Weekly Draws will take place at Anisimoff Legal, Level 5, 492 St Kilda Road, Melbourne VIC 3004 at 12pm (i.e. noon) AEDST on the dates indicated in the table above. Entries in each Weekly Draw will NOT be entered into any subsequent Weekly Draw(s). The Promoter may draw additional reserve entries in each Weekly Draw and record them in order of draw in case an invalid entry or ineligible entrant is drawn. Winners will be notified via telephone and email within two (2) business days of the relevant Weekly Draw and published on the Facebook Page from the dates specified in the table above.
14. The Promoter’s decision is final and no correspondence will be entered into.
15.
The first valid entry drawn in each Weekly Draw will win a Thomas & Friends trackmaster set valued at AU$99/NZ$134.99. The prize will be delivered to each winner’s nominated Australian or New Zealand address (as specified at the time of entry).
16. The total prize pool value is up to AU$495.00/NZ$674.95. 17. Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize, or an element of the prize, by the time stipulated by the Promoter, then the prize or that element of the prize will be forfeited.
18. If a prize, or any element of a prize, is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize or that element of the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
19. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified by the Promoter.
20. If any prize(s) is not accepted or claimed by 5:00pm AEDST on 06/02/2015 the relevant provisional winner's entry will be deemed invalid and forfeited. The Promoter will conduct a further draw from among valid entries (being all entries made during the Promotional Period that have not already won a prize) as necessary to distribute the unclaimed prize(s). The redraw(s) will take place on 09/02/2015 at the same time and place as the original Weekly Draws, subject to any directions from a regulatory authority. The winner(s), if any, will be notified by email and published on the Facebook Page from 16/02/2015.
21. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
22. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
23. Any cost associated with accessing the promotional websites is the entrant’s responsibility and is dependent on the Internet service provider used.
24. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
25. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia or any statutory consumer guarantees as provided under consumer protection laws in New Zealand (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
26. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use/redemption/taking of the prize.
27. As a condition of accepting a prize, each winner must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
28. The Promoter and its related entities collect personal information for the purposes of conducting, promoting and administering this promotion. The Promoter may use personal information to: administer an entrant’s participation in the Promotion, including to notify them if they are a winner; process any communications sent by entrants (for example, responding to their queries, and dealing with any complaints or feedback they may have); identify entrants and protect them from unauthorised access to their personal information; or get in touch with entrants in relation to this promotion. The Promoter will not, unless consent is obtained, use or disclose personal information to: send entrants information about its (or its business partners)' products, promotions or competitions; or conduct marketing and research directly with entrants. The Promoter may disclose your personal information: to other related entities - in connection with the above purposes; to any agencies, contractors, professional advisers and other service providers it engages to carry out its activities (including call centres, advertising agencies and direct mail houses); in any advertisements, publications, media statements and other promotional material it produces in relation to the promotion. For the purposes of public media statements and advertisements, the Promoter will only publish the winner's first initial, surname and state; to any entity to which it is authorised or required by law to disclose entrants’ personal information; and to any specific parties it has advised entrants of at the time it collects their personal information. By entering the promotion, entrants consent to the Promoter and its related entities using and disclosing their personal information in the way described above. The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1988 (Australia) in relation to Australian entrants and the New Zealand Privacy Principles in the Privacy Act 1993 (New Zealand) in relation to New Zealand entrants. Subject to certain exemptions, entrants can obtain access to, change, and/or update personal information they have provided to the Promoter by contacting
infoaust@mattel.com. Personal information that is collected from entrants in Australia may be disclosed by the Promoter to other organisations outside Australia, including in the United States of America. Please refer to the Promoter’s Privacy Policy for further information on how they manage personal information collected. The Privacy Policy also contains information about how Australian and New Zealand entrants may complain about a breach of the applicable Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. A copy of the Promoter’s Privacy Policy may be obtained by contacting the Promoter on (03) 9425 5241 during office hours. By entering the promotion, entrants are taken to have read and understood this clause and this Privacy Policy and consent to their personal information being collected, used and disclosed as described in the Privacy Policy and this clause.
29. All records relating to the conduct of the promotion will be retained by the Promoter or a representative duly authorised to conduct the promotion on its behalf for at least twelve (12) months after the final draw (including if necessary any unclaimed prize draw).
30. Entry and continued participation in the promotion online is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at
www.facebook.com/terms.php.
31. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook. Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law. Each entrant agrees to completely release Facebook from any and all liability in connection with this promotion.
32. The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.
NSW Permit No. LTPS/14/07822; ACT Permit No. TP14/03436
Australian Competitions Club
