WIN one of Australia’s Hottest Toys as voted by you! Cast your vote for EVEREADY’s Hottest Toys to be one of our weekly winners! http://bit.ly/1cv9yNyTERMS AND CONDITIONS: 1. 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. Entry is only open to Australian residents. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion. 3. 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. 4. Promotion commences on 01/06/2015 and closes at 11:59 AEST on 19/07/2015 (“Promotional Period”). 5. To enter, individuals must visit
www.evereadytoys.com follow the prompts to the promotion entry page, and complete the following steps during the Promotional Period: (a) Select five (5) toys out of the list of one hundred (100);(b) Input the requested details including their first name, last name, valid email address, telephone number; and(c) Answer the promotional question “Tell us about your most memorable battery powered toy?” in fifty (50) words or less, and submit the fully completed entry form. 6. 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. 7. Incomplete or indecipherable entries will be deemed invalid. 8. Multiple entries permitted, subject to the following: (a) each entry must be substantially unique; and (b) each entry must be submitted separately and in accordance with entry requirements. 9. 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. 10. There will be a minimum of two (2) prizes awarded for the entries received each week (“Week”) of the Promotional Period. Entries each Week will open at 12:00am AEST on Monday and close at 11:59pm AEST on the following Sunday, as outlined in the table below. Entries received in one (1) Week will NOT be considered in any subsequent Week(s). The judging of entries received each Week will take place at Suite 101/4-14 Buckingham Street, Surry Hills, NSW 2010 commencing on the dates specified in the table below:
Week 1
Entries Open 01/06/2015
Entries Close 07/06/2015
Judging Date 09/06/2015
Week 2
Entries Open 08/06/2015
Entries Close 14/06/2015
Judging Date16/06/2015
Week 3
Entries Open 15/06/2015
Entries Close 21/06/2015
Judging Date23/06/2015
Week 4
Entries Open 22/06/2014
Entries Close28/06/2015
Judging Date30/06/2015
Week 5
Entries Open 29/06/2015
Entries Close 05/07/2015
Judging Date07/07/2015
Week 6
Entries Open 06/07/2015
Entries Close 12/07/2015
Judging Date14/07/2015
Week 7
Entries Open 13/07/2015
Entries Close 19/07/2015
Judging Date21/07/2015
11. The judges may select additional reserve entries which they determine to be the next best from each Week, and record them in order, in case of an invalid entry or ineligible entrant. 12. The winners will be notified by email. 13. This is a game of skill and chance plays no part in determining the winners. Each entry will be individually judged based on literary and creative merit of the answer provided to the promotional question. 14. The Promoter’s decision is final and no correspondence will be entered into. 15. The winners each Week will be the entries deemed to be the best (out of all entries received in that Week) by the judges, on the basis of the criteria outlined in clause 13. A minimum of two (2) winners will be selected each Week and will receive the prize outlined below. The Promoter reserves the right to select additional winners each Week (i.e. more than two (2) winners) at its sole discretion, however, is under no obligation to do so. Each winner will receive the following prize: (a) one (1) toy out of the five (5) toys the winner selected at the time of entry. The exact toy (out of the five (5) possibilities) to be awarded will be determined by the Promoter in its absolute discretion;(b) one (1) x 4xAA Eveready Gold Battery pack and;(c) one (1) x4xAAA Eveready Gold Battery pack 16. If for any reason a winner does not take/redeem the 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. 17. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification. 18. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified. 19. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to answers to promotional questions (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that: (a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;(b) their Content shall not contain viruses or cause injury or harm to any person or entity;(c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;(d) the Content is their original literary work and does not infringe the rights of any third party;(e) they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and(f) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms. 20. As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability. 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) to modify, suspend, terminate or cancel the promotion, as appropriate. 23. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. 24. 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 (“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. 25. 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 of a prize. 26. 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. In the event a winner is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf. 27. The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at
http://www.eveready.com/pages/privacy-policy.aspx In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter will not disclose entrant’s personal information to any entity outside of Australia. 28. The Promoter is Energizer Australia Pty Ltd (ABN 91 003 539 026) of 1 Figtree Drive, Sydney, Olympic Park, NSW 2127.
Australian Competitions Club
