https://www.facebook.com/ThomasandFriends.AUNZ/photos/a.889406654409185.1073741828.871154129567771/2022182607798245/?type=3&theaterTag the Percy to your Thomas and tell us what makes them such a good friend for your chance to win 1 of 3 twin prize packs. Each pack contains 2 Animal Park Wood sets and 2 Diesel's Dairy Drop Off Wood sets - 1 each for you and your friend! Entries close 16/03 at 11.59pm,
terms and conditions apply: http://bit.ly/1LgxySk
THOMAS & FRIENDS™ “Tag the Percy to your Thomas, and tell us what makes them such a good friend” COMMENT TO WIN FACEBOOK PROMOTION CONDITIONS OF ENTRY.
THIS PROMOTION IS OPEN TO AUSTRALIAN RESIDENTS ONLY.
INFORMATION ON HOW TO ENTER AND PRIZES FORM PART OF THESE TERMS AND CONDITIONS. BY ENTERING THIS PROMOTION, YOU ARE DEEMED TO HAVE ACCEPTED THESE TERMS AND CONDITIONS.
PROMOTER: Mattel Pty Ltd (ABN 60 000 660 962) of 658 Church Street, Richmond, VIC 3121. Ph 1300 135 312
PROMOTIONAL PERIOD: THOMAS & FRIENDS™ “Tag the Percy to your Thomas, and tell us what makes them such a good friend” Comment to Win Facebook promotion (the "Promotion") begins on March 14th, 2018 at 12.00.00pm AEDT and ends on March 16th, 2018 at 11.59.00pm AEDT (the “Promotional Period”).
ELIGIBILITY: The Promotion is only open to the following persons: (a) residents of Australia;
(b) who are aged 18 years or over at the time of entry (collectively, the "Eligible Entrants")
This Promotion is not open to employees (and their immediate families), representatives or agents (and those with whom such persons are domiciled, whether related or not) of the Promoter, their parent companies, subsidiaries, affiliates, prize suppliers, advertising/promotion agencies and the Promotion Judges (collectively, the "Promotion Parties"). 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 first cousin.
HOW TO ENTER:
Entry into the Promotion is free.
The Promoter reserves the right to verify the validity of entries and to disqualify any Eligible Entrant who the Promoter believes either has tampered with the entry process or has submitted an entry that is not in accordance with these conditions of entry. 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.
To enter, entrants must, during the Promotional Period:
Navigate to the Thomas & Friends Facebook page https:// facebook.com/ThomasandFriends.AUNZ and "Comment" on the Facebook Promotion ‘Tag the Percy to your Thomas, and tell us what makes them such a good friend’ post during the Promotion Period, tag a friend, and answer the following question;
“Tell us what makes them such a good friend.”
4. Each Eligible Entrant may only enter the promotion once.
All entries must be received within the Promotional Period. Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Entries received will be considered final by the Promoter. Incomplete, inaccurate, erroneous, ineligible or incomprehensible entries may be deemed invalid.
Any entry that contains content that the Promoter, in its sole discretion, considers to be offensive or inappropriate in any way or that the Promoter considers, in its sole discretion, to infringe any intellectual property rights or other rights of any person, corporation or entity, will be considered ineligible. The decision to accept or reject an entry is at the Promoter’s sole discretion and no correspondence will be entered into.
Eligible Entrants can only enter in their own name. Eligible Entrants who provide incorrect, misleading or fraudulent personal information are ineligible to participate in the Promotion. The Promoter reserves the right to request each Eligible Entrant to produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the Eligible Entrant’s identity, age, residential address, eligibility to enter and claim a Prize, and any information submitted by that Eligible Entrant in entering the Promotion, before issuing a Prize. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an Eligible Entrant or entry has not been verified or validated to the Promoter’s satisfaction then all the entries by that Eligible Entrant will be ineligible and deemed invalid.
A Prize will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion.
The use of any automated entry software or any mechanical, electronic or other means that allows an Eligible Entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that Eligible Entrant invalid.
The Promoter (including its respective officers, employees and agents) and its associated agencies and companies are not liable for any loss (including, without limitation, indirect or consequential loss), damage, personal injury or death which is suffered or sustained (including but not limited to that arising from any person's negligence) arising in any way out of the Promotion, except any liability that cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
The Promoter (including its respective officers and employees) and its associated agencies and companies are not responsible for any problems, delays or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a network or a mobile network or any combination thereof, or any other technical failures including any damage to an entrant's or any other person's mobile handset, computer or peripherals related to, or resulting from, participation in this Promotion or the downloading of any materials related to this Promotion.
The Promoter (including its respective officers, employees and agents) will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this Promotion if the deficiency is occasioned by any cause outside the reasonable control of the Promoter including but without limitation technical malfunctions or failures.
If for any reason this Promotion is not capable of running as planned for any reason beyond the reasonable control of the Promoter including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion and/or if necessary to provide an alternative prize or prizes to the same value as the original Prize.
Prizes are subject to availability. If a Prize becomes unavailable, for any reason beyond the Promoter’s reasonable control, then a comparable prize of equal or greater value and/or specification will be awarded in lieu.
The Promoter reserves the right to verify the validity of any and all entries and reserves the right to disqualify any Eligible Entrant for:
tampering with the entry process;
submitting an entry which is not in accordance with these Conditions of Entry; or
if the Eligible Entrant is engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion.
The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
As a condition of entering this promotion, an Eligible Entrant consents to, in the event they are a winner, the Promoter using any material the Eligible Entrant submits in relation to this Promotion, including the Eligible Entrant’s name, likeness, image, voice (including photograph, film and/or recording of the same), and/or entry in any media for an unlimited period of time and worldwide without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the Promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter and their associated or affiliated companies. The Entrant agrees that, in the event they are a winner, the Entrant will participate in all reasonable promoted activities in relation to the Promotion as requested by the Promoter and its agents.
By submitting an entry, each entrant:
assigns to the Promoter all copyright subsisting in that entry at the time the entry is submitted; and
warrants that they have full authority to grant such rights.
The Promoter may remove any entry that does not comply with these Terms and Conditions. Entrants warrant and agree that:
they will not submit, produce, share or distribute any entry 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 18 or otherwise unsuitable for publication;
they have obtained full prior consent from any person who has jointly created or has any rights in the entry, to the uses and terms herein;
their entry does not contain viruses or cause injury or harm to any person or entity;
they comply with all applicable laws and regulations, including without limitation, those governing copyright and designs, content, defamation, privacy, publicity and the access or use of others' computer or communication systems; and
the Promoter reserves the right to disqualify any entrant who submits or uploads any material that does not comply with these Terms and Conditions.
Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of these Terms and Conditions.
Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under consumer legislation (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) 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 the Promotion, including but not limited to:
any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
any theft, unauthorised access or third-party interference;
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;
any variation in prize value to that stated in these Terms and Conditions;
any tax liability incurred by a winner or entrant;
use of or taking of a prize; or
participation in the Promotion.
THE PRIZES AND APPROXIMATE RETAIL VALUES: There are three (3) prize packs to be won. Each prize pack includes two (2) Animal Park sets valued at AUD $54.99 and two (2) Diesels Dairy Drop-offs valued at AUD $29.99.
The total maximum retail value of the prize pool is AUD $509.88.
Prizes are not transferable or exchangeable and cannot be taken as cash. Each Prize must be taken as offered and cannot be varied. If for any reason a winner is unable to accept the Prize as stated, the winner will forfeit the Prize and no compensation will be given in lieu. If the Prize, or any part of a Prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the Prize or part of the Prize with a prize to the equal value and/or specification. The Promoter accepts no responsibility for any tax implications that may arise from the Prize. Values are accurate as of 27th February 2018, and the Promoter is not responsible for any variation in values. Independent financial advice should be sought.
PRIZE WINNER SELECTION PROCESS (JUDGING):
There will be three (3) entries chosen as winners, and each winner will receive a Prize.
Each entry will be individually judged based on the originality, relevance and creative merit of the answer provided to the promotional question. The judging will take place at Communicado, Level 1, 554 High Street Prahran, VIC on March 19th, 2018 at 11.00.00AM AEDT (the “Selection Date”). The judges may select additional reserve entries which they determine to be the next best, and record them in order of merit, in case of an invalid entry or ineligible entrant.
This Promotion is a game of skill and chance plays no part in the selection of the winners.
The Promoter or its designated representative will attempt to contact the winning Eligible Entrant by commenting on their eligible Facebook entry to let them know that they are eligible to receive a prize and asking that they respond via private message to the Thomas & Friends Facebook Page with their contact details including, name, address and telephone number. If these details are not provided within twenty-eight (28) business days of the Selection Date; then he/she will be disqualified (and will forfeit all rights to the applicable Prize). The Promoter reserves the right, in its sole and absolute discretion, to select an alternate eligible entry in accordance with these Rules to be the eligible winner of the applicable Prize (in which case the foregoing provisions of this section shall apply to such new eligible winner).
The Promoter's and/or the Promotion Judges' decisions are final and no correspondence will be entered into.
The winner’s prize will be dispatched by mail. The winner should allow approximately 14 days to receive their prize. The Promoter, any fulfilment company and its associated agencies and companies will not be liable for any damage in transit to, or delay in transit of, any prize.
The Promoter and its related entities is collecting your personal information for the purposes of conducting, promoting and administering the Promotion.
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 33 above:
to other related entities, including overseas entities - in connection with the purposes stated in clause 32;
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 Privacy Act 1988 (Australia) and the Privacy Act 1993 (New Zealand). Subject to certain exemptions, you can obtain access to, change, and/or update personal information you have provided to the Promoter by contacting email@example.com
By entering into the Promotion you agree that Personal information provided by you may be disclosed by the Promoter to other organisations outside Australia and New Zealand, including in the United States of America.
Entrants acknowledge that all content posted on Facebook must be in accordance with Facebook terms (http://www.facebook.com/terms.php
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.