The Major Prize^^ will consist of:
one (1) family trip for four (4) people (2 adults and 2 children aged 17 years or younger) to Disneyland California^^, including:
four (4) return economy airfares to Los Angeles, California USA, for the Major Prize winner and three (3) travel companions (2 adults and 2 children aged under 17 years or younger), departing from the domestic airport nearest to the winner’s place of residence in Australia valued at a maximum amount of AUD7,400.00 RRP;
Disney Australia & New Zealand
Competition Terms and Conditions
‘Lightning McQueen #1 Fan Promotion’It is important that you read and understand these Terms and Conditions, particularly paragraphs about Disney's legal responsibility to you such as paragraph 7. If you do not understand these Terms and Conditions, you should seek help to understand them.
1. Competition overview
To enter the ‘Lightning McQueen #1 Fan Promotion’ (the “Competition”), entrants must first purchase any Disney-Pixar Disney Cars product from an authorised Australian or New Zealand retailer or e-tailer between 1 March 2015 and 31 July 2015 and retain their purchasing receipt as proof of the purchase (the “Purchase”). Entrants must then go to disney.com.au/cars and click through to the Competition page. There, entrants must identify which Disney-Pixar Disney Cars product they purchased, complete the entry form, nominate a person who they think is Lightning McQueens ‘#1 fan’*, answer in 25 words or less “who you think Lightning McQueens #1 Fan is and Why?” and, at the entrants absolute option, upload a Disney-Pixar Cars fan photo of the person they have identified as the number one Lightning McQueen fan^ and then submit the entry form (the “Entry”). Entry is open from Sunday 1 March 2015 at 12:00 (AEDT) and closes on Friday 31 July 2015 at 23:59 (AEST) (the “Competition Period”). Entry can only be made during the Competition Period. The Competition will be decided on Monday 10 August 2015 (the “Selection Date”).
You may enter the Competition up to a maximum amount of five (5) times however each entrant is eligible to win one (1) Prize only (except for South Australian Entrants who may win more than one (1) prize).
Entry into the Competition is free (except for any normal internet connection charges that may apply).
If an entrant chooses to upload a photo of a person they believe to be the ‘#1 Lightning McQueen Fan’ then the entrant may also choose to agree (at the entrants option) to the content submission terms at the time of submitting the photo as a part of their Entry which will allow Disney to use the image pursuant to the rights granted through those terms. If the entrant uploads a photo of a minor, they must be the parent / legal guardian of that minor, or have the minor’s parent / legal guardian’s written permission to upload the photo. If the entrant uploads a photo of another adult, they must have that adult’s written permission to do so. Disney is not obligated to use any photo submitted during an Entry.
*the person making a nomination of a minor as a part of the Entry must be the parent/legal guardian, or have the minor’s parent / legal guardians written permission, in order to make the nomination. Failure to do so will result in the Entry being deemed invalid. If the person is making a nomination of another adult then they must have that person’s written permission in order to do so. Failure to do so will result in the Entry being deemed invalid
^it is at the entrant’s absolute option whether or not they upload a photo of the person they have nominated as ‘Lightning McQueens #1 fan’. If a photo is uploaded, it must be of, or include within it, the person nominated during the first part of the Entry process. If a photo is not uploaded as a part of the Entry then that Entry will still be deemed valid and the 25 words or less question will be judged in accordance with these Terms and Conditions. If a photo is uploaded, then it will form part of the judging process along with the 25 words or less question
2. Promoter
The promoter of this Competition is The Walt Disney Company (Australia) Pty Limited ACN 054 610 025 ("Disney") of Level 5, 650 Chapel Street, South Yarra, Melbourne, Victoria, 3141, Australia.
All prize draws will take place at the offices of Disney.
3. Eligibility
To be eligible to enter the Competition:
you must be a permanent resident of Australia or New Zealand and aged 18 years or older;
if you nominate, or upload a photo of, a minor as a part of an Entry, you must be the parent/legal guardian of that minor or have that minor’s parent / legal guardian’s permission to enter;
if you nominate, or upload a photo of an adult, you must have that person’s written permission to do so; and
neither you nor anyone in your immediate family may be an employee of Disney, affiliated with Disney or connected to the Competition in any way.
Disney may disqualify you if:
you or your Entry do not meet any one or more of the requirements set out in these Terms and Conditions;
your Entry includes any objectionable material or infringes the rights (including intellectual property rights) of any third party; or
you tamper in any way with the operation of the Competition.
Your Entry must be complete, in English and legible.
If for any reason this Competition is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, unforeseen legal or commercial circumstances or any other causes beyond the control of Disney which corrupt or affect the administration security, fairness, integrity, or proper conduct of this Competition, Disney reserves the right in its sole discretion, to cancel, terminate, modify, delay or suspend the Competition.
4. Winner selection
The Competition is a game of skill. Chance plays no part in determining the winner.
Disney will appoint judges for the Competition (the “Judges”).
The winner selection will take place on the Selection Date. The Judges will select from all valid Entries into the Competition one (1) prize winner, based on creativity of their Entry, to be awarded as the Competition major prize winner (the “Major Prize Winner”), one (1) prize winner, based on the creativity of their Entry, to be awarded as the runner-up prize winner (the “Runner-Up Prize Winner”) and five (5) prize winners to be awarded as the minor prize winners (each a “Minor Prize Winner”) (Major Prize Winner, Runner-Up Prize Winner and Minor Prize Winners each a “Winner”). The Judges’ decisions are final and no correspondence will be entered into.
The Winners will be notified by phone or email within seven (7) days of the Selection Date (see paragraph 1c). All reasonable attempts will be made to contact the Winners. The names of the Winners will also be displayed on the Competition website.
Due to the nature of the Runner-Up Prize, the Runner-Up Prize must be claimed within three (3) weeks of the Selection Date. If for whatever reason the Runner-Up Prize is not claimed by this date and time, an unclaimed prize selection will be carried out for the Runner-Up Prize on 1 September 2015.
The Major Prize and Minor Prizes must be claimed within three (3) months of the Selection Date. If for whatever reason any Prize is not claimed by this date, an unclaimed prize selection will be carried out for any Major Prize or Minor Prizes not claimed on Friday 7 January 2016.
If any proposed selection date falls on a public holiday in Victoria, that selection will be conducted on the following business day.
If any person first chosen as a Winner is found to be ineligible, they will be disqualified and another entrant will be selected as replacement Winner.
5. Prize
There will be one (1) major prize (the “Major Prize”), one (1) runner-up prize (the “Runner-Up Prize”) and five minor prizes (each a “Minor Prize”) (collectively, each a “Prize”) to be won during the course of the Competition as follows:
The Major Prize^^ will consist of:
one (1) family trip for four (4) people (2 adults and 2 children aged 17 years or younger) to Disneyland California^^, including:
four (4) return economy airfares to Los Angeles, California USA, for the Major Prize winner and three (3) travel companions (2 adults and 2 children aged under 17 years or younger), departing from the domestic airport nearest to the winner’s place of residence in Australia valued at a maximum amount of AUD7,400.00 RRP;
transfers to and from the airport to the Disneyland Resort in Los Angeles, California USA valued at a maximum amount of AUD160.00 RRP;
five (5) night’s accommodation at a Disneyland Resort Hotel in Los Angeles, California USA for two (2) adults and two (2) children (aged 17 years or younger) valued at a maximum amount of AUD1,575.00 RRP;
one (1) five (5) Day Disneyland Park Hopper Pass for two (2) adults and two (2) children (aged 17 years or younger) valued at a maximum amount of AUD1,188.00 RRP; and
Disneyland California Disney Store Credit of AUD1,000.00.
^^the Major Prize must be taken within twelve (12) months from the Selection Date, is subject to availability and the following black-out travel periods:
1. 17 June 2015 - 16 August 2015;
2. 23 - 30 November 2015; and
3. 23 December 2015 - 3 January 2016.
If for whatever reason a Major Prize Winner cannot travel within twelve (12) months from the Selection Date then they will forfeit their right to the Major Prize and an alternative winner will be selected in accordance with these Terms and Conditions. The Major Prize Winner must also provide notification to Disney of the intended date they wish to travel 90 days prior to that travel date.
The maximum value for the Major Prize is valued at AUD11,323.00.
Runner-Up Prize will consist of:
One (1) Family pass to the V8 Supercar Event held at Sandown Racecourse in Victoria, Australia between 11 September 2015 and 13 September 2015 for two (2) adults and two (2) children, valued at up to AUD4,880.00 (excluding transfers), including:
V8 Supercar Race Paddock Access;
meet and greet with Mark Winterbottom (subject to availability on the day);
V8 Supercars garage tour at the event (subject to availability on the day);
a grid walk at the event (subject to availability on the day);
two (2) Disney Merchandise Packs;
two (2) V8 Supercars Merchandise Packs; and
if the winner’s normal place of residence is outside of Victoria, Australia then transfers** to the race event up to the value of AUD2,000.00 only.
**transfers will only be provided to winners of the Runner-Up Prize whose place of residence is outside of Victoria, Australia. Transfers will only be provided up to an amount of AU$2,000.00 and the winner will have to cover any additional costs associated with travelling to and attending the event.
The maximum value of the Runner-Up Prize is valued at up to AUD6,880.00.
The Minor Prize will consist of:
One (1) Mattel Disney-Pixar Cars merchandise pack, including:
one (1) Disney-Pixar Cars Bed Spread valued at a maximum amount of AUD50.00 RRP;
two (2) DVD’s (Disney – Pixar Cars and Cars 2 Movies) valued at a maximum amount of AUD29.95 RRP each;
one (1) Disney-Pixar Cars Cap valued at a maximum amount of AUD20.00 RRP;
one (1) RS500 Hero McQueen Disney-Pixar Cars toy valued at a maximum amount of AUD49.99 RRP;
one 1 RS500 Disney-Pixar Cars Die-cast toy valued at a maximum amount of AUD14.99 RRP;
1 Cars Die-cast Disney-Pixar Cars toy valued at a maximum amount of AUD $11.49 RRP; and
1 Cars Ice Racers Die-cast Disney-Pixar Cars toy valued at a maximum amount of AUD $11.99 RRP.
Each Minor Prize is valued at a maximum amount of AUD218.36
The total Competition prize pool is valued at AUD19,924.80.
The Prize values are based upon the recommended retail prices (inclusive of GST). Disney does not accept any responsibility for a change in Prize value.
If you are a Winner:
You may not transfer the Prize to anyone or ask for any alternative Prize (including cash).
Disney may replace the Prize with another prize of equal value in the unlikely event that the Prize becomes unavailable.
If you are not able to take the Prize as stated, you will forfeit the Prize and no payment or compensation will be made in lieu.
Once the Prize has left the premises of Disney, responsibility for any damage, delay or loss to the Prize during transit will pass to you.
Disney may ask you to provide proof of your age, identity and residency, and to sign any required documentation including release forms as a condition of claiming the Prize.
You are responsible for all expenses and taxes connected to your participation in the Competition and not included in the Prize.
If requested by Disney, the Winner may be required and must agree to be filmed during the presentation of the Prize. The Winner hereby grants to Disney the right to issue, and authorise others to issue, publicity concerning the Winner, and the right to use Winner’s name (including any professional name or sobriquet adopted by Winner), likeness and biographical data in connection with the promotion of the Competition.
If you are the Winner of the Major Prize,
you and those travelling with you (your “Guests”) must, at the very least:
be able and willing to travel to the USA within 12 months of the Selection Date ;
notify Disney the date you wish to travel 90 days prior to the date of intended travel;
obtain valid visas for travel to the USA (if required);
provide Disney with proof of successful visa applications prior to departure if requested; and
have passports that are valid in the country of destination for six (6) months or more from departure.
Except as set out above and unless and to the extent otherwise specified, you are responsible for all expenses connected to your participation in the Major Prize, including without limitation meals, drinks, transfers, laundry charges, activities, incidentals, taxes, energy surcharges, gratuities, services charges, passports, visas and all other ancillary costs. The Major Prize does not include any travel insurance. It is the responsibility of you and your Guests to purchase travel insurance. Travel insurance is highly recommended to protect against the additional costs incurred in the event of unforeseen circumstances.
You and your Guests must depart on the same flight. Except as specified above, you are responsible for arranging transport from your and your Guests’ residence to the nearest capital city for flight departure.
Travel will be arranged by Disney, or an agency of Disney’s choice, and subject to any booking restrictions such as availability of accommodation and flights. All elements of the [Major] Prize must be taken together. Travel suppliers and accommodation are to be chosen at the discretion of Disney. Travel arrangements cannot be changed once made.
A credit card imprint or cash deposit may be required to check-in to the hotel, for all incidental charges.
Disney is not in a position to make representations as to the safety, conditions or other issues that may exist at any destination. We urge you to obtain international travel advice, available from various sources including government, local consular offices and the website of the Australian Department of Foreign Affairs and Trade.
It will be a condition of accepting the Major Prize that the winner and guests agree that Disney will not be liable for any personal injury or other loss or damage (whether direct or consequential loss or damage) suffered or sustained in connection with the Major Prize, except for any liability that cannot be excluded by law.
Disney accepts no responsibility for any variation in the value or make-up of the prizes or any event that occurs that is beyond Disney’s reasonable control. The Winner and each of the guests also acknowledge that participation in and attendance at any event (including travel and accommodation providers) may be subject to additional terms and conditions imposed by third parties. Disney does not accept any responsibility and is not liable for additional conditions imposed at any event or for the breach of those conditions by any person.
Disney is not responsible for selecting the Winner’s travel companions (including accompanying parent(s) / legal guardian(s)) or determining any other details of the Prize, or taking direction that relates to legal determinations concerning a Winner’s parent and/or legal guardians. These are the responsibility of the Winner and his/her parent(s) and/or legal guardian(s).
If you are the Winner of the Runner-Up Prize, you and those travelling with you must, at the very least, be able to travel to and attend the V8 Supercar Event held at Sandown Racecourse in Victoria, Australia between 11 September 2015 and 13 September 2015. Except as set out above and unless and to the extent otherwise specified, you are responsible for all expenses connected to your participation in the Runner-Up Prize, including without limitation meals, drinks, transfers, laundry charges, activities, incidentals, taxes, energy surcharges, gratuities, services charges, passports, visas and all other ancillary costs. If travelling from overseas, the Runner-Up Prize does not include any travel insurance. It is the responsibility of you and your guests to purchase travel insurance. Travel insurance is highly recommended to protect against the additional costs incurred in the event of unforeseen circumstances.
6. Ownership
Disney will own your Entry and will not return your Entry at the end of the Competition. You may keep a copy of the Entry for archiving purposes.
You agree that all of the rights (including intellectual property rights) in your Entry, including any copyright works in your Entry, belong to Disney and you hereby assign any rights you may have to Disney. This includes all copyright (present or future), other intellectual property rights and rights of ownership. You grant a perpetual worldwide license (including a right to sub-license) to Disney of all rights in your Entry pending completion of this assignment.
You agree to do all things necessary (which may include signing documents) to transfer these rights to Disney.
You consent to Disney doing or omitting to do anything that infringes your moral rights in your Entry. Moral rights are your inherent rights in your Entry as the author and/or performer in the Entry and comprise the rights:
to be attributed as the author of the Entry;
not to have your authorship of the Entry falsely attributed; and
of integrity of authorship and/or performance.
7. Liability and Indemnity
Disney is not liable, and you release Disney from liability, for any loss or damage that you may suffer from your participation in the Competition, including (without limitation) if:
the Competition is cancelled, modified, suspended or delayed, including under paragraph 3d); or
Disney does not receive your Entry within the Competition Period for any reason.
The Competition and Consumer Act 2010 (Cth) as well as other laws in Australia may imply certain conditions, warranties and undertakings, and give you other legal rights. If they apply, they cannot be modified or excluded by any contract. You may consider seeking legal advice as to whether they apply to you.
Nothing in these Terms and Conditions generally affects your rights under Australian consumer law (as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and equivalent State and Territory fair trading legislation) regarding consumer guarantees to the extent that such consumer guarantees cannot be excluded by law. Other than these consumer guarantees, and subject to paragraph 7b), Disney makes no warranties about any prizes offered as a part of the Competition, including warranties as to the quality, merchantability or fitness for purpose of such prizes.
You agree to indemnify Disney against all liabilities suffered or sustained by Disney arising from any claim by a third party that your Entry infringes the rights (including intellectual property rights) of any third party.
8. Representations and warranties
You represent and warrant that you have all of the rights necessary to effect the transfer of rights to Disney under paragraph 6.
9. Privacy
Disney will collect your personal information (such as your name and biographical data) as part of the Competition and may use this information anywhere in the world for the purposes of administering the Competition, and other purposes for which we obtain your express consent. Where you have expressly consented, your personal information may be provided to Disney affiliates, including overseas affiliates for future promotional, marketing and publicity purposes without notice and without any fee being paid unless otherwise advised by you.
Disney will comply with its privacy policy in the collection and use of your personal information. Disney's privacy policy is available at
http://www.disney.com.au/policy.html.
10. Disney Intellectual Property
Unless expressly stated in these Terms and Conditions, your participation in the Competition does not entitle you to use any of Disney's intellectual property rights (including any Disney trade mark or copyright) for any purpose.
You may not disclose your Entry to anyone other than Disney. You may only use your Entry to participate in the Competition. You may keep any copy of your Entry for your personal records.
11. Governing law
These Terms and Conditions are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of courts exercising jurisdiction there, and waive any right to claim that those courts are an inconvenient forum.
12. Severability
Any provision (or part thereof) of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions (or parts thereof) of these Terms and Conditions nor affect the validity or enforceability of that provision (or part thereof) in any other jurisdiction.
13. Entire Agreement
These Terms and Conditions contain the entire agreement between you and Disney with respect to the Competition. They set out the only conduct that you have relied on and supersede all earlier conduct and prior agreements and understandings between you and Disney in connection with the Competition.
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Entrants must purchase a Disney-Pixar Cars branded product at any Australian or New Zealand retailer between 01/03/15 (AEDT) and 31/07/15 (AEDT), and then complete the 25-words-or-less question. Competition opens 01/03/2015 at 12.00pm (AEDT) and closes 31/07/2015 at 11.59pm (AEST) Terms & Conditions including the Privacy Notification Statement available here. Promoter is the Walt Disney Company (Australia) Pty Limited, Level 5, 650 Chapel St, South Yarra, VIC 3141, Australia.
The Walt Disney Company (Australia) Pty Limited is part of the Walt Disney Family of Companies. We collect personal information such as your name, birth date and email address so that we can contact you for the purposes of this competition and if you have opted-in to receive emails from the Walt Disney family of companies. We may disclose your personal information to third party service providers that we work with and to other members of the Walt Disney Family of Companies, which may be located outside of Australia, although we will always take reasonable steps to ensure your personal information is secure and handled in a way that is consistent with the Australian Privacy Principles. For more information on how we deal with personal information, including how to contact us with access or correction requests or if you wish to make a complaint about how your personal information has been handled, please read our Privacy Policy. © Disney/Pixar.
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