http://www.disney.com.au/FB/maleficent/index.php/competitionCompetition Terms and Conditions
‘Disney’s Maleficent Facebook Competition’
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 be eligible to enter Disney’s Maleficent Facebook Competition (the “Competition”), you must be 18 years of age or above and be a member of The Walt Disney Studios AUNZ Facebook page. Membership to The Walt Disney Studios AUNZ Facebook page can be obtained by going to the Facebook page and clicking ‘like’ and is free and open to all Australian and New Zealand residents aged 13 years or older. Full terms and conditions of The Walt Disney Studios AUNZ Facebook page can be found at
https://www.facebook.com/WaltDisneyStudiosAUNZ.
To enter the Competition, entrants must then go to
https://www.facebook.com/WaltDisneyStudiosAUNZ during the Contest opening dates and times outlined below and click through to the Competition page. There, entrants must enter the competition by signing into their Facebook account, completing the entry form, and clicking on the spinning wheel to submit (the “Entry”).
The Competition opens on Wednesday 14th May 2014 at 9.00AM (AEST) and closes on Wednesday 28th May 2014 at 8.00PM (AEST) (the “Competition Period”). The Competition is made up of only one (1) contest (the “Contest”) with the opening and closing dates and times, as follows:
Opening Date and Time Closing Date and Time Minor Prize ‘Instant Win’ Selection Date and Time* Major Prize Selection Date and Time
Contest 1 Wednesday 14th May 2014 at 9.00am (AEST) Wednesday 28th May 2014 at 8.00pm (AEST) Between the opening and closing date of Contest 1* Wednesday 4th June 2014 at 12.00pm (AEST)
*Minor Prize ‘Instant Win’ Selection Dates and Times will be dependent on the time and date that an entrant submits an Entry into the Contest. Upon submitting an Entry into the Contest an entrant will receive instant notification as to whether or not they have been drawn as a Minor Prize winner.
Each valid Entry received into the Contest will result in that entrant receiving an entry into the Major Prize draw pool. An entrant can enter the Major Prize draw pool one (1) time only.
You may enter the Contest once only and each entrant is eligible to win one (1) Major Prize and one (1) Minor Prize.
Entry into the Competition is free (except for any normal internet connection charges that may apply).
Entry and continued participation in the Competition is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at
http://www.facebook.com/terms.php.
This Competition adheres to the terms and conditions set out in the Facebook promotion guidelines which can be found at:
http://www.facebook.com/promotions_guidelines.phpThis Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook.
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. Disney may contract the services of Salmat Digital Pty Ltd or such other agency as Disney may determine in its discretion (the “Agency”) to administer certain parts of this Competition.
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 at the time of submitting an Entry;
you must have ‘liked’ the Walt Disney Studios AUNZ Facebook page;
neither you nor anyone in your immediate family may be an employee of Disney or The Agency, affiliated with Disney or The Agency 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.
Subject to state regulations, 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.
Programming and other quality control errors will not invalidate an otherwise valid prize claim.
Unless otherwise due to fraud or ineligibility under these conditions of entry, all existing claims for prizes and entitlements to claims will be met notwithstanding the advertised prize pool has been exceeded. Disney accepts no liability for the award of prizes in excess of the number of Minor or Major Prizes available to be won under this Competition due to any type of failure with the instant win system.
4. Winner selection
The Competition is a Game of Chance. Skill plays no part in determining the Winner.
The Major Prize draw will take place on the Major Prize Selection Date and Time outlined in clause 1c). The first valid entrant drawn from the Major Prize pool will be selected as the major prize winner (the “Major Prize Winner”). Minor Prize Draws will occur instantaneously in accordance with clause 4 d), between the Minor Prize ‘Instant Win’ Selection Dates and Times outlined in clause 1c) with five hundred (500) minor prize winners being selected at random during this Competition (each a “Minor Prize Winner”) (Major Prize Winners and Minor Prize Winners each a “Winner”). For the avoidance of doubt, there will be one (1) Major Prize Winner and five hundred (500) Minor Prize Winners drawn in total.
The Major Prize Winner will be notified by phone and email within two (2) days of the Major Prize Selection Date and Time (see paragraph 1c). All reasonable attempts will be made to contact the Major Prize Winner. The name of the Major Prize Winner will also be displayed on the Walt Disney Studios Facebook competition page at 4pm (AEST) on Wednesday 4 June, 2014 and the Major Prize Winner will have their details published in The Australian Newspaper on Friday 6 June 2014.
The Minor Prize entrants will be notified upon submitting an Entry if they have been drawn as an instant prize winner entitling them to claim a Minor Prize at which time the entrant will also be sent an email to the email address they provided at the time of completing an Entry. In order to accept the Minor Prize, entrants who are selected as instant prize winners and who receive the email will need to click on the link provided within the email which will redirect them to a prize acceptance page. Instant prize winners will then need to enter any additional details requested on the prize acceptance form. Instant winners will also be issued, at the time they are notified as an instant winner, a unique prize claim number (the “Prize Claim Number”) as determined by the Agencies instant win system. The Prize Claim Number will need to be recorded by the participant for prize verification purposes. In the event of any dispute with the Promoter, or at the Promoter’s request, instant Minor Prize winners will be required to correctly quote their Prize Claim Number to be awarded their prize. The Promoter reserves the right to withhold awarding a Minor Prize to a participant who cannot provide a valid Prize Claim Number.
Any un-won prizes will randomly be awarded during the Second Chance Minor Prize Draw to entrants who submitted a correct Entry during the Competition Period. The Second Chance Draw (the ‘Second Chance Minor Prize Draw’) will be carried out on Thursday 29 May 2014 at 11.00am (AEST) at Salmat Digital Pty Ltd, Level 2, 116 Miller Street, North Sydney NSW 2060.
The Minor Prizes must be claimed by 9:00am (AEST) on Wednesday 4 June 2014. If for whatever reason any Prize is not claimed by this date, an unclaimed prize selection will be carried out on Wednesday 4 June 2014 at 10.00am (AEST) at Salmat Digital Pty Ltd, Level 2, 116 Miller Street, North Sydney NSW 2060 (the ‘Unclaimed Minor Prize Draw’).
The Major Prize must be claimed by 10:00am (AEST) on Thursday 17 July 2014.. If for whatever reason the Major Prize is not claimed by this date and time then an unclaimed Major Prize draw will take place on Thursday 17 July 2014 at 12.00pm (AEST) at Salmat Digital Pty Ltd, Level 2, 116 Miller Street, North Sydney NSW 2060. The Winner of the unclaimed prize draw will have their details published in The Australian Newspaper on Thursday 24 July 2014.
If any proposed selection date falls on a public holiday in New South Wales, 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 another entrant will be selected as replacement Winner.
5. Prize
There will be one (1) major prize (the “Major Prize”) and five hundred (500) 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) M.A.C Cosmetics Gift Pack with assorted M.A.C products valued at a maximum of $500;
five (5) Maleficent Collectible dolls valued at a maximum of $189.95;
one (1) in-season double pass^ to see Disney’s Maleficent in cinemas valued at a maximum of $45; and
one (1) Maleficent merchandise pack valued at a maximum of $175.65
The Major Prize pool is valued at a maximum of AU$910.60
The Minor Prize will consist of five hundred (500) in-season double passes^ to see Disney’s Maleficent in cinemas (valued at a maximum of AU$45.00 per ticket).
The maximum value for the Minor Prize pool is valued at a maximum of AU$22,500.00.
^the in-season double passes are subject to terms of use and only valid for the theatrical release period of Disney’s Maleficent in Australia and New Zealand.
The total Competition prize pool is valued at AU $23,410.60
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 the Winner’s name (including any professional name or sobriquet adopted by Winner), likeness and biographical data in connection with the promotion of the Competition.
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 right:
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.
All entrants unconditionally and irrevocably release and discharge Facebook from any and all liability in relation to this Competition.
8. Representations and warranties
You represent and warrant that you have all of the rights necessary to affect 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 each of the relevant State authorities. You submit to the non-exclusive jurisdiction of courts exercising jurisdiction in each of the relevant state, 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.
Authorised under Permit numbers NSW: LTPS/14/03329; ACT: TP 14/01496; VIC: 14/4049; SA: T14/766.
Australian Competitions Club
