http://www.hotwheelstargetpromo.com.auTERMS AND CONDITIONS:
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.
THE PROMOTER IS MATTEL PTY LIMITED (ABN: 60 000 660 962), BUILDING 1, LEVEL 4, 658 CHURCH STREET, RICHMOND VIC 3121, TELEPHONE (03) 9425 5241 (“PROMOTER”).
ELIGIBILITY
ENTRY IS ONLY OPEN TO AUSTRALIAN RESIDENTS.
ENTRANTS UNDER THE AGE OF 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.
EMPLOYEES (AND THEIR IMMEDIATE FAMILIES) OF THE PROMOTER, PARTICIPATING TARGET STORES 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.
PROMOTION COMMENCES AT 9:00AM AEDST ON 01/03/2016 AND ENDS AT 11:59PM AEST ON 28/04/2016 (“PROMOTIONAL PERIOD”). THERE ARE TWO (2) CATEGORIES OF PRIZES AVAILABLE TO BE WON IN THIS PROMOTION: (A) INSTANT PRIZES; AND (B) MAJOR PRIZES (EACH DEFINED BELOW).
ENTRY
TO ENTER, INDIVIDUALS MUST COMPLETE THE FOLLOWING STEPS DURING THE PROMOTIONAL PERIOD:
PURCHASE ANY HOT WHEELS TOY PRODUCT (“PARTICIPATING PRODUCT“) FROM A PARTICIPATING TARGET STORE IN AUSTRALIA (“QUALIFYING PURCHASE”). FOR THE PURPOSES OF THIS PROMOTION, A PARTICIPATING TARGET STORE WILL BE ANY TARGET STORE SELLING PARTICIPATING PRODUCT(S) DURING THE PROMOTIONAL PERIOD; AND THEN
VISIT THE PROMOTIONAL WEBSITE AT
WWW.HOTWHEELS.COM.AU/COMPETITIONS AND COMPLETE THE ONLINE ENTRY FORM AS REQUIRED BY CORRECTLY COMPLETING THE REQUESTED DETAILS (INCLUDING THEIR FULL NAME, A VALID EMAIL ADDRESS, POSTCODE, PHONE NUMBER, THE PARTICIPATING PRODUCT PURCHASED, STORE OF PURCHASE, DATE OF PURCHASE AND FULL PURCHASE RECEIPT NUMBER), AND CLICK SUBMIT. ALL ENTRIES MUST BE RECEIVED BY THE PROMOTER DURING THE PROMOTIONAL PERIOD TO BE ELIGIBLE.
FOLLOWING THE COMPLETION OF THE ABOVE STEPS:
INDIVIDUALS WILL BE NOTIFIED IMMEDIATELY ON SCREEN WHETHER OR NOT THEY HAVE WON AN INSTANT PRIZE; AND
ALL ENTRIES (FROM WINNERS AND NON-WINNERS OF AN INSTANT PRIZE) WILL BE AUTOMATICALLY ENTERED INTO THE MAJOR PRIZE DRAW (DEFINED BELOW) FOR THE CHANCE TO WIN THE MAJOR PRIZE.
ENTRIES ARE DEEMED TO BE RECEIVED AT THE TIME THEY ARE RECEIVED BY THE PROMOTER’S DATABASE AND NOT AT THE TIME OF SUBMISSION BY THE ENTRANT. THE PROMOTER DOES NOT ACCEPT RESPONSIBILITY AND IS NOT LIABLE FOR LATE, LOST, INCOMPLETE, INCORRECTLY SUBMITTED, DELAYED, ILLEGIBLE, CORRUPTED OR MISDIRECTED ENTRIES, CLAIMS OR CORRESPONDENCE DUE TO ERROR, OMISSION, TAMPERING, DELETION, THEFT, COMMUNICATIONS FAILURE OR OTHERWISE. THE PROMOTER HAS NO CONTROL OVER COMMUNICATIONS NETWORKS AND IS NOT LIABLE FOR ANY PROBLEMS ASSOCIATED WITH THEM DUE TO TRAFFIC CONGESTION, TECHNICAL MALFUNCTION OR OTHERWISE. THE PROMOTER IS NOT LIABLE FOR ANY CONSEQUENCES OF USER ERROR INCLUDING (WITHOUT LIMITATION) COSTS INCURRED.
INCOMPLETE OR INDECIPHERABLE ENTRIES WILL BE DEEMED INVALID.
MULTIPLE ENTRIES PERMITTED, SUBJECT TO THE FOLLOWING: (A) ONLY ONE (1) ENTRY PERMITTED PER QUALIFYING PURCHASE (I.E. PER PARTICIPATING PRODUCT PURCHASED AT A PARTICIPATING RETAILER DURING THE PROMOTIONAL PERIOD); AND (B) EACH ENTRY MUST BE SUBMITTED SEPARATELY AND IN ACCORDANCE WITH ENTRY REQUIREMENTS.
ENTRANTS MUST RETAIN A COPY OF THEIR PURCHASE RECEIPT(S) FOR ALL ENTRIES AS PROOF OF PURCHASE. FAILURE TO PRODUCE THE PROOF OF PURCHASE FOR ALL ENTRIES WHEN REQUESTED MAY, IN THE ABSOLUTE DISCRETION OF THE PROMOTER, RESULT IN INVALIDATION OF ALL OF AN ENTRANT’S ENTRIES AND FORFEITURE OF ANY RIGHT TO A PRIZE. PURCHASE RECEIPT(S) MUST CLEARLY SPECIFY THE STORE OF PURCHASE, THAT A PARTICIPATING PRODUCT WAS PURCHASED, AND THAT THE PURCHASE WAS MADE DURING THE PROMOTIONAL PERIOD BUT PRIOR TO ENTRY.
THE PROMOTER RESERVES THE RIGHT, AT ANY TIME, TO VERIFY THE VALIDITY OF ENTRIES AND ENTRANTS (INCLUDING AN ENTRANT’S IDENTITY, AGE, 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.
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.
INSTANT WIN PROCEDURE: EACH INSTANT PRIZE WILL BE RANDOMLY ALLOCATED A PRE-DETERMINED DAY AND TIME SLOT DURING THE PROMOTIONAL PERIOD BY AN ELECTRONIC DRAWING SYSTEM. ENTRANTS WHO SUBMIT A VALID ENTRY ON A PREDETERMINED DAY AND TIME SLOT, OR SUBMIT A VALID ENTRY CLOSEST TO THE PRE-DETERMINED DAY AND TIME SLOT ONCE IT HAS PASSED, WILL BE NOTIFIED INSTANTLY ON SCREEN ADVISING THAT THEY ARE AN INSTANT PRIZE WINNER OF THE RELEVANT PRIZE. INSTANT PRIZE WINNERS WILL BE ISSUED A UNIQUE PRIZE CODE AS DETERMINED BY THE NIGHT AND DAY INSTANT WIN SYSTEM (“UNIQUE PRIZE CODE“). THE UNIQUE PRIZE CODE MUST BE RECORDED BY THE INSTANT PRIZE WINNER AS IT MAY BE REQUIRED TO CLAIM THEIR INSTANT PRIZE. ALL INSTANT PRIZES WILL BE DISTRIBUTED WITHIN 28 DAYS OF WINNER VALIDATION BY THE PROMOTER.
IN THE EVENT OF ANY DISPUTE WITH THE PROMOTER, OR AT THE PROMOTER’S REQUEST, INSTANT PRIZE WINNERS WILL BE REQUIRED TO CORRECTLY QUOTE THEIR UNIQUE PRIZE CODE AND PROVIDE THEIR PROOF OF PURCHASE TO BE AWARDED THEIR INSTANT PRIZE. THE PROMOTER RESERVES THE RIGHT TO WITHHOLD THE AWARDING OF AN INSTANT PRIZE TO A WINNER WHO CANNOT PROVIDE A VALID UNIQUE PRIZE CODE AND PROOF OF PURCHASE. ANY INSTANT PRIZES WON BY INELIGIBLE OR INVALID ENTRANTS WILL BE AWARDED IN THE UNCLAIMED PRIZE DRAW.
THERE WILL BE FIFTY (50) ONE-DAY DOUBLE-PASSES TO DREAMWORLD & WHITEWATER WORLD (VALUED AT $200) AVAILABLE TO BE WON AS INSTANT PRIZES IN THIS PROMOTION (EACH AN “INSTANT PRIZE”). TOTAL INSTANT PRIZE POOL VALUED AT $10,000. DREAMWORLD & WHITEWATER WORLD IS LOCATED AT DREAMWORLD PARKWAY, COOMERA, QLD, 4209.
THE FOLLOWING CONDITIONS APPLY TO THE INSTANT PRIZES: EACH INSTANT PRIZE WINNER (AND THEIR COMPANION) MUST MAKE THEIR OWN WAY AND AT THEIR OWN COST TO AND FROM THE DREAMWORLD & WHITEWATER WORLD LOCATION. ALL ANCILLARY COSTS ASSOCIATED WITH REDEEMING AN INSTANT PRIZE ARE THE WINNER’S (AND THEIR COMPANION’S) RESPONSIBILITY. INSTANT PRIZES ARE ONLY VALID UNTIL 05/05/2017.
MAJOR PRIZE DRAW: ALL ENTRIES RECEIVED DURING THE PROMOTIONAL PERIOD WILL BE ENTERED INTO THE MAJOR PRIZE DRAW. THE MAJOR PRIZE DRAW WILL TAKE PLACE AT ANISIMOFF LEGAL, LEVEL 5, 492 ST KILDA ROAD, MELBOURNE, VIC 3004 AT 11:00AM AEST ON 05/05/2016. THE PROMOTER MAY DRAW ADDITIONAL RESERVE ENTRIES AND RECORD THEM IN ORDER IN CASE AN INVALID ENTRY OR INELIGIBLE ENTRANT IS DRAWN. THE MAJOR PRIZE DRAW WINNERS WILL BE NOTIFIED BY EMAIL AND TELEPHONE WITHIN TWO (2) BUSINESS DAYS OF THE MAJOR PRIZE DRAW.
ALL WINNERS WILL BE PUBLISHED ONLINE AT
WWW.HOTWHEELS.COM.AU/COMPEITTIONS FROM 10/05/2016.
THE PROMOTER’S DECISION IS FINAL AND NO CORRESPONDENCE WILL BE ENTERED INTO.
THE FIRST FIVE (5) VALID ENTRIES DRAWN IN THE MAJOR PRIZE DRAW WILL EACH WIN A TRIP FOR TWO (2) ADULTS AND THREE (3) CHILDREN (AGED 12 YEARS OR UNDER) TO GOLD COAST, QLD FROM 20/08/2016 TO 23/08/2016, VALUED AT UP TO $10,517 DEPENDING ON THE POINT OF DEPARTURE (“MAJOR PRIZE”). THE MAJOR PRIZE INCLUDES THE FOLLOWING COMPONENTS FOR TWO (2) ADULTS AND THREE (3) CHILDREN:
RETURN ECONOMY AIRFARES FROM THE AIRPORT NEAREST TO THE WINNER’S PLACE OF RESIDENCE TO EITHER BRISBANE OR GOLD COAST, QLD (AS DETERMINED BY PROMOTER). AIRFARES ARE ONLY PROVIDED IF WINNER RESIDES OUTSIDE A 240KM RADIUS OF DREAMWORLD AND WHITEWATER WORLD. IF THE WINNER RESIDES WITHIN A 240KM RADIUS OF DREAMWORLD & WHITEWATER WORLD, THEN THE PRIZE DOES NOT INCLUDE AIRFARES AND THE AIRFARE COMPONENT OF THE PRIZE IS NOT REDEEMABLE FOR CASH;
THREE (3) NIGHTS ACCOMMODATION IN A FAMILY ROOM AT PARADISE RESORT GOLD COAST;
THREE (3) DAY UNLIMITED ENTRY TO DREAMWORLD, WHITEWATER WORLD, AND SKYPOINT OBSERVATION DECK; AND
ONE (1) EXCLUSIVE ACCESS TO THE MOTORSPORTS EXPERIENCE (INCLUDING THE HOT WHEELS SIDEWINDER ROLLERCOASTER, BROCKS GARAGE AND V8 SIMULATORS) FOR ONE (1) HOUR PRIOR TO DREAMWORLD OPENING TIME (USE OF THESE ATTRACTIONS ARE SUBJECT TO ATTRACTION SAFETY REGULATIONS).
THE FOLLOWING CONDITIONS APPLY TO THE MAJOR PRIZE: IN THE EVENT A WINNER IS UNABLE TO TAKE THE MAJOR PRIZE FROM 20/08/2016 TO 23/08/2016 THE PROMOTER WILL ALLOW THAT WINNER TO SELECT ALTERNATIVE TRAVEL DATES (WHICH CAN BE NO LATER THAN (05/05/2017), HOWEVER, THE EXCLUSIVE ACCESS TO MOROTSPORTS EXPERIENCE COMPONENT OF THE MAJOR PRIZE WILL BE FORFEITED BY THAT WINNER AND WILL NOT BE REDEEMABLE FOR CASH. SPENDING MONEY, MEALS, INSURANCE, TRANSPORT TO AND FROM DEPARTURE POINT, TRANSFERS, ITEMS OF A PERSONAL NATURE, IN-ROOM CHARGES AND ALL OTHER ANCILLARY COSTS ARE NOT INCLUDED. PRIZE MUST BE BOOKED AT LEAST THREE (3) WEEKS PRIOR TO DEPARTURE DATE, AND IS SUBJECT TO BOOKING AND FLIGHT AVAILABILITY. PRIZE (IF NOT TAKEN DURING THE SPECIFIED DATES) CANNOT BE TAKEN DURING AUSTRALIAN SCHOOL HOLIDAYS, PUBLIC HOLIDAYS OR THE GOLD COAST 600. DURING THE ENTIRE DURATION OF THE PRIZE, A NOMINATED PARENT/GUARDIAN (AGED 21 YEARS OR OVER) MUST ACCOMPANY ANY PERSON UNDER 18 YEARS OF AGE. THE WINNER AND HIS/HER COMPANIONS MUST DEPART FROM AND RETURN TO THE SAME DEPARTURE POINT AND TRAVEL TOGETHER. ALL COMPONENTS OF THE PRIZE MUST BE TAKEN TOGETHER. ITINERARY TO BE DETERMINED BY THE PROMOTER AND DREAMWORLD IN AGREEMENT WITH THE WINNER BUT IN THE EVENT THAT AGREEMENT CANNOT BE REACHED, THE PROMOTER RESERVES THE RIGHT TO DETERMINE THE ITINERARY. ANY CHANGES MADE TO THE PRIZE ARE AT THE EXPENSE OF THE WINNER. ONCE BOOKED, ANY CHANGES MADE TO THE BOOKING MAY INCUR A CANCELLATION FEE OF AMENDMENT FEE, AT THE COST OF THE WINNER. FREQUENT FLYER POINTS WILL NOT FORM PART OF THE PRIZE. THE WINNER WILL BE REQUIRED TO PRESENT THEIR CREDIT CARD AT TIME OF ACCOMMODATION CHECK IN. ALL COMPONENTS OF THE PRIZE ARE SUBJECT TO STANDARD CONDITIONS OF USE.
IF A WINNER IS UNDER THE AGE OF 18 YEARS, THE PRIZE WILL BE AWARDED TO THE WINNER’S NOMINATED PARENT OR GUARDIAN ON THE WINNER’S BEHALF.
IF FOR ANY REASON A WINNER DOES NOT TAKE/REDEEM A PRIZE (OR PART OF A PRIZE) BY THE TIME STIPULATED BY THE PROMOTER, THEN THE PRIZE (OR THAT PART OF THE PRIZE) WILL BE FORFEITED.
IF ANY PRIZE (OR PART OF ANY PRIZE) IS UNAVAILABLE FOR ANY REASON BEYOND THE REASONABLE CONTROL OF THE PROMOTER, THE PROMOTER, IN ITS DISCRETION AND SUBJECT TO STATE/TERRITORY PERMIT APPROVAL, RESERVES THE RIGHT TO SUBSTITUTE THE PRIZE (OR THAT PART OF THE PRIZE) WITH A PRIZE TO THE EQUAL VALUE AND/OR SPECIFICATION.
TRAVEL INSURANCE IS HIGHLY RECOMMENDED AND AT THE EXPENSE OF THE WINNER AND THEIR COMPANION. IF THE MAJOR PRIZE WINNER AND THEIR COMPANION CHOOSES NOT TO PURCHASE TRAVEL INSURANCE THEY WILL BE REQUIRED TO COMPLETE A TRAVEL INSURANCE WAIVER FORM ACKNOWLEDGING THAT THEY UNDERSTAND THE BENEFITS OF TRAVEL INSURANCE BUT DECLINE TO TAKE OUT A POLICY.
TOTAL PRIZE POOL VALUE IS $62,585.
THE PRIZE VALUES ARE BASED UPON THE RECOMMENDED RETAIL PRICE AT THE TIME OF PRINTING (INCLUSIVE OF GST). THE PROMOTER ACCEPTS NO RESPONSIBILITY FOR CHANGE IN PRIZE VALUES BETWEEN NOW AND THE ULTIMATE PRIZE REDEMPTION DATE. THE PROMOTER IS NOT LIABLE FOR ANY PRIZE THAT MAY BE LOST OR DAMAGED IN TRANSIT.
GENERAL PRIZE CONDITIONS
PRIZES, OR ANY UNUSED PORTION OF A PRIZE, ARE NOT TRANSFERABLE OR EXCHANGEABLE AND CANNOT BE TAKEN AS CASH.
IF ANY MAJOR PRIZE(S) OR ANY INSTANT PRIZE(S) REMAIN UNCLAIMED BY 10:00AM AEST ON 05/08/2016, AN UNCLAIMED PRIZE DRAW WILL TAKE PLACE AT 11:00AM AEST ON 05/08/2016 AT THE SAME PLACE AS THE ORIGINAL DRAW, SUBJECT TO ANY DIRECTIONS FROM A REGULATORY AUTHORITY. ANY WINNER(S) WILL BE NOTIFIED BY EMAIL AND TELEPHONE WITHIN TWO (2) BUSINESS DAYS OF THE UNCLAIMED PRIZE DRAW AND THEIR NAMES WILL BE PUBLISHED ONLINE
WWW.HOTWHEELS.COM.AU/COMPETITIONS FROM 10/08/2016.
ANY COST ASSOCIATED WITH ACCESSING THE PROMOTIONAL WEBSITE IS THE ENTRANT’S RESPONSIBILITY AND IS DEPENDENT ON THE INTERNET SERVICE PROVIDER USED.
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.
QUALITY CONTROL ERRORS WILL NOT INVALIDATE AN OTHERWISE VALID INSTANT PRIZE CLAIM. UNLESS OTHERWISE DUE TO FRAUD OR INELIGIBILITY UNDER THESE TERMS AND CONDITIONS, ALL INSTANT PRIZE CLAIMS IN EXCESS OF THE ADVERTISED PRIZE POOL WILL BE HONOURED. ANY UNCLAIMED INSTANT PRIZES THAT ARE PART OF THE ADVERTISED TOTAL PRIZE POOL WILL BE AWARDED IN THE UNCLAIMED PRIZE DRAW.
PRIVACY
THE PROMOTER AND ITS RELATED ENTITIES IS COLLECTING YOUR PERSONAL INFORMATION FOR THE PURPOSES OF CONDUCTING, PROMOTING AND ADMINISTERING THE PROMOTION. ALL ENTRIES BECOME THE PROPERTY OF THE PROMOTER. THE FOLLOWING PARAGRAPHS 35-40 SET OUT HOW THE PROMOTER MAY USE AND DISCLOSE PERSONAL INFORMATION OF ENTRANTS.
THE PROMOTER MAY USE YOUR PERSONAL INFORMATION TO:
ADMINISTER YOUR PARTICIPATION IN THE PROMOTION, INCLUDING TO NOTIFY YOU IF YOU ARE A WINNER;
PROCESS ANY COMMUNICATIONS YOU SEND TO IT (FOR EXAMPLE, RESPONDING TO YOUR QUERIES, AND DEALING WITH ANY COMPLAINTS OR FEEDBACK YOU HAVE);
IDENTIFY YOU AND PROTECT YOU FROM UNAUTHORISED ACCESS TO YOUR PERSONAL INFORMATION; OR
GET IN TOUCH WITH YOU IN RELATION TO THE PROMOTION.
THE PROMOTER WILL NOT, UNLESS CONSENT IS OBTAINED, USE OR DISCLOSE YOUR PERSONAL INFORMATION TO:
SEND YOU INFORMATION ABOUT ITS (OR ITS BUSINESS PARTNERS)’ PRODUCTS, PROMOTIONS OR COMPETITIONS; OR
CONDUCT MARKETING AND RESEARCH DIRECTLY WITH YOU.
THE PROMOTER MAY DISCLOSE YOUR PERSONAL INFORMATION FOR PURPOSES OTHER THAN THOSE REFERRED TO IN PARAGRAPH 37 ABOVE:
TO OTHER RELATED ENTITIES, INCLUDING OVERSEAS ENTITIES – IN CONNECTION WITH THE PURPOSES STATED IN CLAUSE 36;
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 YOUR PERSONAL INFORMATION; AND
TO ANY SPECIFIC PARTIES IT HAS ADVISED YOU OF AT THE TIME IT COLLECTS YOUR PERSONAL INFORMATION
BY ENTERING THE PROMOTION, YOU CONSENT TO THE PROMOTER AND ITS RELATED ENTITIES USING AND DISCLOSING YOUR PERSONAL INFORMATION IN THE WAY DESCRIBED ABOVE.
THE PROMOTER IS BOUND BY THE AUSTRALIAN PRIVACY PRINCIPLES IN THE PRIVACY ACT 1988 (AUSTRALIA). SUBJECT TO CERTAIN EXEMPTIONS, YOU CAN OBTAIN ACCESS TO, CHANGE, AND/OR UPDATE PERSONAL INFORMATION YOU HAVE PROVIDED TO THE PROMOTER BY CONTACTING
INFOAUST@MATTEL.COM.
PLEASE REFER TO OUR PRIVACY POLICY FOR FURTHER INFORMATION ON HOW WE MANAGE YOUR PERSONAL INFORMATION. A COPY OF THE PROMOTER’S PRIVACY POLICY MAY BE OBTAINED BY CONTACTING THE PROMOTER ON 1300 135 312 DURING OFFICE HOURS. THE PRIVACY POLICY ALSO CONTAINS INFORMATION ABOUT HOW YOU MAY COMPLAIN ABOUT A BREACH OF THE AUSTRALIAN PRIVACY PRINCIPLES OR ANY OTHER APPLICABLE LAW AND HOW THOSE COMPLAINTS WILL BE DEALT WITH.
BY ENTERING THE PROMOTION, YOU ARE TAKEN TO HAVE READ AND UNDERSTOOD CLAUSES 35 THROUGH 40 AND OUR PRIVACY POLICY AND CONSENT TO YOUR PERSONAL INFORMATION BEING COLLECTED, USED AND DISCLOSED AS DESCRIBED IN THE PRIVACY POLICY AND CLAUSES 35 THROUGH 40 OF THESE TERMS AND CONDITIONS.
GENERAL TERMS AND CONDITIONS
IF AN ENTRANT IS A PRIZE WINNER:
THEY GRANT THE PROMOTER AND ASSOCIATED COMPANIES AND AGENTS THE RIGHT TO USE (AND TO LICENSE OTHERS TO USE) THEIR ENTRY, THEIR NAME, LIKENESS, IMAGE AND/OR VOICE (INCLUDING PHOTOGRAPH, FILM AND/OR RECORDING OF THE SAME) TO PROMOTE AND ADVERTISE IN ANY MEDIA ALL OR ANY OF THIS PROMOTION (INCLUDING ANY OUTCOME), OR THE PROMOTER OR ANY PRODUCTS MANUFACTURED, DISTRIBUTED AND/OR SUPPLIED BY THE PROMOTER, WITHOUT ANY ROYALTY, PAYMENT OR OTHER COMPENSATION TO THEM.
THEY MAY AT ANY TIME NOTIFY THE PROMOTER THAT THEY DO NOT WISH FOR THE PROMOTER AND OTHERS (WHO ARE LICENSED TO DO SO) TO USE THEIR NAME, LIKENESS, IMAGE, VOICE OR ENTRY AS DESCRIBED ABOVE BY NOTIFYING THE PROMOTER IN WRITING ON
INFOAUST@MATTEL.COM OR CALLING 1300 135 312 DURING OFFICE HOURS.
THE PROMOTER AGREES NOT TO USE THEIR NAME, LIKENESS, IMAGE, VOICE OR ENTRY IN CONNECTION WITH ANY COMMERCIAL TIE-UPS, MERCHANDISING OR FOR THE DIRECT OR INDIRECT ENDORSEMENT OF ANY PRODUCT OR SERVICES OTHER THAN FOR THE COMMERCIAL AND/OR OTHER SPONSORSHIP OF THE PROMOTION OR THE PROMOTER.
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 DIRECTIONS FROM A REGULATORY AUTHORITY, TO MODIFY, SUSPEND, TERMINATE OR CANCEL THE PROMOTION, AS APPROPRIATE.
LIMITATION OF LIABILITY
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 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.
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) TAKING/USE OF A PRIZE.
AS A CONDITION OF ACCEPTING A PRIZE, WINNERS (AND THE MAJOR PRIZE WINNERS’ COMPANIONS) MAY BE REQUIRED TO 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 OR A MAJOR PRIZE WINNER’S COMPANION/S ARE 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.
THE PARENT OR GUARDIAN OF THE ENTRANT WHO AGREES TO THESE TERMS AND CONDITIONS:
WARRANTS THAT THE ENTRANT HAS COMPLIED AND WILL COMPLY WITH THESE TERMS AND CONDITIONS; AND
WILL BE JOINTLY AND SEVERALLY LIABLE WITH THE ENTRANT FOR, AND INDEMNIFY THE PROMOTER AGAINST ANY LOSS ARISING OUT OF, RELATING TO OR IN CONNECTION WITH, ANY BREACH OF THESE TERMS AND CONDITIONS BY THE PARENT OR GUARDIAN OR THE ENTRANT INCLUDING THE WARRANTIES IN CLAUSE 43.
FACEBOOK
ENTRANTS ACKNOWLEDGE THAT ALL CONTENT POSTED ON FACEBOOK MUST BE IN ACCORDANCE WITH FACEBOOK TERMS (
" target="_blank">HTTP://WWW.FACEBOOK.COM/TERMS.
).
THE PROMOTER MAY COMMUNICATE OR ADVERTISE THE PROMOTION USING FACEBOOK.
THE PROMOTION, HOWEVER, IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK. ENTRANTS ARE PROVIDING THEIR INFORMATION TO THE PROMOTER AND NOT TO FACEBOOK. EACH ENTRANT COMPLETELY RELEASES FACEBOOK FROM ANY AND ALL LIABILITY, ARISING FROM THIS PROMOTION
BY PARTICIPATING, ENTRANTS RELEASE FACEBOOK, THE PROMOTER, AND AGENCIES ACTING ON THE PROMOTER’S BEHALF FROM ANY AND ALL CLAIMS, DAMAGES OR LIABILITIES ARISING FROM OR RELATING TO SUCH ENTRANT’S PARTICIPATION IN THE PROMOTION.
SEVERABILITY
IF AT ANY TIME A PROVISION OF THESE TERMS AND CONDITIONS IS OR BECOMES ILLEGAL, INVALID OR UNENFORCEABLE IN ANY RESPECT UNDER THE LAW OF ANY JURISDICTION, THAT WILL NOT AFFECT OR IMPAIR:
THE LEGALITY, VALIDITY OR ENFORCEABILITY IN THAT JURISDICTION OF ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS; OR
THE LEGALITY, VALIDITY OR ENFORCEABILITY UNDER THE LAW OF ANY OTHER JURISDICTION OF THAT OR ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS.
GOVERNING LAW
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.
AUTHORISED UNDER PERMIT NUMBERS: NSW LTPS/15/00311, ACT TP 15/00060, SA T15/62.
Australian Competitions Club
