http://disney.com.au/DisneyChannel/phineasandferb/kitecreator/Design your own Kite for a chance to win a $1,000 Red Balloon Experience plus 20 Phineas and Ferb Runners-up prize packs to be won!
Choose the shape,select your material ,artwork & extra's .Is it made of Tinfoil or Denim ?
Will it have an engine or Dragon's Tail?
it's up to you.
DISNEY CHANNEL'S KITE CREATOR COMPETITION
OFFICIAL CONTEST RULES AND TERMS AND CONDITIONS
BRIEF OVERVIEW OF CONTEST
1.1 To enter Disney Channel's Kite Creator Competition (the "Contest"), you must go online to DisneyChannel.com.au/DisneyChannel.co.nz (the "Website") to submit a kite design (the "Entry"). If you spot 1 (one) of the 3 (three) weekly code words appearing during 'Phineas and Ferb' on Disney Channel Monday to Thursday at 4.30pm AEDT from Tuesday 4 January 2011 and enter this code word online, you will be able to unlock exclusive additional design elements.
1.2 The competition commences at 5:00pm AEDT on Tuesday 4 January 2011, and concludes at 3.00pm AEDT on Friday 28th January 2011
1.3 By clicking the "I Accept" button and submitting an Entry, you are stating that you agree to be bound by all of these terms and conditions of the Contest (the "Official Rules").
1.4 It is important that you read and understand these Official Rules, particularly clauses about Disney's legal responsibility to you such as clause 7. If you do not understand these Official Rules, you should seek help to understand them.
1.5 If you are younger than 18 years old, your parent/guardian (who is over 18 years of age) will need to consent and agree to your participation in the Contest. We may send an email to your parent/guardian (at the email address recorded in Entry) confirming their consent and agreement to these Official Rules.
NAME OF PROMOTER
2.1 The promoter of this Contest is The Walt Disney Company (Australia) Pty Ltd ABN 30 054 610 025 ("Disney").
ELIGIBILITY
3.1 To be eligible to enter the Contest:
(a) you must be a permanent resident of Australia or New Zealand;
(b) your parent/guardian must have provided to Disney their permission for your Entry as required by clause 1.5;
(c) you must be under 18 years old at Tuesday 4 January 2011;
(d) neither you nor anyone in your immediate family (including your parents/guardian, brothers and sisters), can be an employee of Disney, affiliated with Disney or connected to the Contest in any way; and
(e) your Entry must be in English and legible.
3.2 Disney may disqualify you if:
(a) your Entry does not comply with any of the above requirements;
(b) your Entry includes any objectionable material or infringes the rights (including intellectual property rights) of any third party;
(c) Disney reserves the right to invalidate entries or the winner if the appropriate authorization from the parent/legal guardian is or was not provided;
(d) you are in breach of these Official Rules; or
(e) you have tampered in any way with the operation of the Contest.
3.3 You may submit more than one entry.
3.4 Only one prize will be awarded per person.
3.5 The cost of accessing the Website will be dependent on the entrant's individual Internet Service Provider.
HOW AND WHEN WINNERS WILL BE SELECTED
4.1 Disney will appoint judges for the Contest from Disney's creative, marketing and production teams (the "Judges").
4.2 The Judges will select 21 (twenty one) finalists on Monday 7 February 2011. These entries will progress to the final round of the Contest.
4.3 In the final round, the Judges will vote on the winning entry. The submission with the highest number of votes will be the final winner, subject to the final winner's eligibility (the "Grand Prize Winner"). The remaining 20 (twenty) entries will be runner-up winners (the "Runner-up Winners").
4.4 The Judges will select and vote on entries based on their creativity, originality and overall presentation.
4.5 The Judges' decisions on all matters relating to the Contest are final and no correspondence will be entered into.
4.6 The names of the runner-up winners will be announced on Disney Channel between about 7:00pm AEDT and 8:00pm AEDT from Monday 7 February 2011 to Thursday 10 February 2011. The name of the Grand Prize Winner will be announced on Disney Channel Thursday 10 February 2011 by about 8:00pm. Disney will contact the winners by email to confirm their address details on about Monday 14 February 2011, or at a later date as decided by Disney.
4.7 All reasonable attempts will be made to contact the winners. The Prizes must be claimed by Monday 21 February 2011at5:00pm AEDT. If the prize is not claimed by this date and time, the Judges will select the next submission with the highest number of votes as the final winner. Any winners will be notified on the email address specified when entering the Contest and notified by mail.
4.8 The Contest is a game of skill. Chance plays no part in determining the winner.
PRIZE(S)
5.1 There will be 1 (one) grand prize (the "Grand Prize") and 20 (twenty) runner up prizes (each a "Runner-up Prize") to be won during the course of the Contest as follows:
(a) The Grand Prize shall consist of:
• 1 x AU$1,000 (one thousand Australian dollar) Red Balloon gift voucher (or if the Grand Prize Winner lives in New Zealand such voucher shall be valued at NZ$1000 (one thousand New Zealand dollars));
• 2 x Phineas and Ferb CDs each valued at AU$24.99 (twenty four Australian dollars and ninety nine cents);
• 1 x Phineas and Ferb Convertible Cap valued at AU$14.95 (fourteen Australian dollars and twenty five cents);
• 1 x Perry The Platypus Plush Toy valued at AU$14.95 (fourteen Australian dollars and ninety five cents)
• 1 x Phineas and Ferb DVD valued at AU$19.95 (nineteen Australian dollars and ninety five cents)
• 1 x Phineas and Ferb t-shirt valued at AU$19.95 (nineteen Australian dollars and ninety five cents)
The total Grand Prize pool is valued at approximately AU$1094.79
(b) The Runner-up Prize shall consist of:
• 2 x Phineas and Ferb CDs each valued at AU$24.99 (twenty four Australian dollars and ninety nine cents);
• 1 x Phineas and Ferb Convertible Cap valued at AU$14.95 (fourteen Australian dollars and twenty five cents);
• 1 x Perry The Platypus Plush Toy valued at AU$14.95 (fourteen Australian dollars and ninety five cents)
• 1 x Phineas and Ferb DVD valued at AU$19.95 (nineteen Australian dollars and ninety five cents)
• 1 x Phineas and Ferb t-shirt valued at AU$19.95 (nineteen Australian dollars and ninety five cents)
The total Runner Up Prize pool is valued at approximately AU$94.79
The total prize pool is valued at approximatively AU$ 2990.59
5.2 Grand Prize and Runner-up Prize values are based upon the recommended retail prices at the time of printing (inclusive of GST). Disney accepts no responsibility for a change in prize value between now and the ultimate prize redemption date Subject to State Regulation.
5.3 If you are a Grand Prize or Runner-up Prize winner, you may not transfer the Grand Prize or Runner-up Prize to anyone or ask for an alternative prize (including cash). Disney may replace the Grand Prize or Runner-up Prize with a prize of equal value in the unlikely event that the Grand Prize or Runner-up Prize becomes unavailable.
5.4 Once a Grand Prize or Runner-up Prize has left the premises of Disney, responsibility for any damage, delay or loss to any Grand Prize or Runner-up Prize during transit, shall pass to the winner.
5.5 Disney may ask you and your parent/legal guardian to provide proof of your age, identity and residency, and to sign any required documentation before claiming the Grand Prize or Runner-up Prize.
5.6 Disney reserves the right to refuse to allow a winner to take part in any or all aspects of the prize if the promoter determines, in their absolute discretion, that a winner in not in the mental or physical condition necessary to be able to safely participate in the prize. It is a condition of accepting the prize that the winner may required to sign a legal release in a form determined by the promoter in its absolute discretion.
5.7 If you are unable to claim or collect the Grand Prize or Runner-up Prize for whatever reason, Disney will award the Grand Prize or Runner-up Prize to someone else subject to any applicable State Regulation.
5.8 Except as set out above, you and your parent/legal guardian are responsible for all expenses and taxes connected to your participation in the Contest. All taxes associated with the receipt or use of any part of the Grand Prize or Runner-up Prize shall be the sole responsibility of each winner and/or his/her parent/legal guardian.
5.9 Award of the Grand Prize or Runner-up Prize is conditional upon the winner and his/her parent/legal guardian agreeing to and signing the appropriate release forms and/or agreements and/or any additional documentation required by Disney.
5.10 Disney may film you during the presentation of the Grand Prize or Runner Up Prize.
5.11 In the event it is determined that any criteria under these Official Rules is not met by the Grand Prize Winner, the Grand Prize will be forfeited automatically and awarded to another Grand Prize Winner who meets the criteria under these Official Rules.
5.12 If the winner/s is under the age of 18 as at the date of the draw, a parent/legal guardian must accompany the minor in the participation of the prize.
OWNERSHIP/RIGHTS
6.1 Disney will own your Entry and will not return your Entry at the end of the Contest.
6.2 You agree that all of the rights (including intellectual property rights) in your Entry, including any recording and performance in your Entry, belong to Disney and 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 licence (including a right to sub-license) to Disney of all rights in your Entry pending completion of this assignment.
6.3 You agree to do all things necessary (which may include signing documents) to transfer these rights to Disney.
6.4 You consent to Disney doing anything, 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:
(a) the right to be attributed as the author of and/or performer in the Entry;
(a) the right not to have your authorship of and/or performance in the Entry falsely attributed; and
(a) the right of integrity of authorship and/or performership.
LIABILITY AND INDEMNITY
7.1 Disney may cancel, modify, suspend or delay the Contest at any time if something happens that is beyond its reasonable control, including for any technical or operational reason.
7.2 Disney is not liable, and you release Disney from liability, for any loss or damage that you may suffer from your participation in the Contest, including (without limitation) if:
(a) the Contest is cancelled, modified, suspended or delayed under clause 7.1; or
(b) Disney does not receive your Entry within the contest period for any reason.
7.3 The Trade Practices Act 1974 (Cth) as well as other laws in Australia may imply certain conditions, warranties and undertakings, and give you other legal rights. If they apply, these cannot be modified or excluded by any contract. You may consider seeking legal advice as to whether they apply to you.
7.4 To the extent permitted by law and subject to clause 7.3, Disney makes no warranties about any prizes offered as part of the Contest, including warranties as to the quality, merchantability or fitness for purpose of such prizes.
7.5 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.
REPRESENTATIONS AND WARRANTIES
8.1 Variation to these Official Rules
You represent and warrant that:
(a) neither you nor anyone else appearing in the Entry has appeared in any performance for which they were paid or is subject to any music publishing agreement, recording agreement, production agreement or any similar agreement (written or otherwise) which would interfere with your or their ability to enter into this Contest; and
(b) you have all of the rights necessary to effect the transfer of rights to Disney under clause 6 and (if required by Disney) provided to Disney Entry Forms signed by anyone else who has any rights in your Entry.
PRIVACY
9.1 Disney will collect your personal information (such as your name and biographical data) as part of the Contest and may use this information anywhere in the world for the purposes of Disney Channel, Playhouse Disney and/or the Contest. Your personal information may be provided to Disney affiliates, including overseas affiliates. You hereby waive any rights of privacy, publicity or similar rights which you may have in the Entry.
9.2 Disney will comply with its privacy policy in the collection and use of your personal information. Disney's privacy policy is available at
http://home.disney.com.au/privacy/.
DISNEY INTELLECTUAL PROPERTY
10.1 These Official Rules 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.
10.2 You may not disclose your Entry to anyone other than Disney. You may only use your Entry to participate in the Contest. You may keep any copy of your Entry for your personal records.
GOVERNING LAW
Variation to these Official Rules
AMENDMENT
Disney reserves the right to change, amend, delete or add to these Official Rules without prior notice at any time and each Entrant shall be bound by such changes. Disney will post any changes to the Official Rules on the competition website. Before you submit your Entry, please check the website to ensure you are aware of the terms.
SEVERABILITY
Any provision (or part thereof) of these Official Rules 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 Official Rules nor affect the validity or enforceability of that provision (or part thereof) in any other jurisdiction.
ENTIRE AGREEMENT
These Official Rules contain the entire agreement between you and Disney with respect to the Contest. 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 Contest.
Additional Provisions (If Applicable):
Language Discrepancies
In the event there is a discrepancy or inconsistency between the English language version and any translated version of these Official Rules, the English version shall prevail and govern. Similarly, in the event there is a discrepancy or inconsistency between disclosures or other statements contained in any promotional materials and any provisions of these Official Rules, these Official Rules shall prevail and govern.
