http://disney.com.au/giftofdisney/http://disney.com.au/giftofdisney/terms.htmlGIFT OF DISNEY WATCH 'N' WIN COMPETITION
OFFICIAL CONTEST, TERMS AND CONDITIONS
BRIEF OVERVIEW OF CONTEST1.1 To enter The Gift of Disney Watch 'N' Win competition (the "Contest"), you must watch Disney Channel or Disney Junior in such dates set out in clause 4.1, and correctly identify the Disney character screenwalker which appears on screen and go online to
www.DisneyChannel.com.au in Australia and
www.DisneyChannel.co.nz in New Zealand (each a "Website"). You must correctly enter the Disney character that appeared on screen and submit the entry form to enter the major draw for your chance to win (the "Entry").
1.2 The Contest commences at 08:00 (AEDT) on Thursday 1 December 2011 and concludes at 23:59 (AEDT) on Sunday 25 December 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 Your parent/legal guardian will need to consent and agree to your participation in the Contest. Disney will verify this consent by contacting your parent/legal guardian (at the phone number or email address you have provided when entering the Contest and asking your parent/legal guardian to confirm their 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"), Level 3, 68 York Street, Sydney NSW, Australia.
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 be a Disney Channel or Disney Junior subscriber and have consented for you to enter into the Contest;
(c) If you are younger than 18 years old, your parent/guardian must have provided to Disney their permission for your Entry as required by clause 1.5;
(d) Your parent/legal guardian must be at least twenty (21) years old.
(e) Neither you nor anyone in your immediate family (including your parents/guardian, brothers and sisters), can be an employee of Disney, Salmat IDR, affiliated with Disney, Salmat IDR or connected to the Contest in any way; and
(f) 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 not submit more than one Entry each day. If you do, Disney will only accept your first Entry (subject to state regulation).
3.4 Only one prize will be awarded per person (excluding SA residents who are eligible for more than one prize).
3.5 The cost of accessing the promotional Website will be dependent on the entrant’s individual Internet Service Provider.
HOW AND WHEN WINNERS WILL BE SELECTED
4.1 The Contest is a game of chance where skill will play no part in the Contest and Winners (defined below) will be determined at random.
4.2 Twenty five (25) valid Entries will be drawn at random as the Major Prize winners (defined below) and One Hundred and Twenty five (125) valid Entries will be drawn at random as the Runner Up Prize winners (defined below). From each daily entry period, one (1) valid entrant will be drawn at random to become a Major Prize Winner. Once the Major Prize winner has been selected, five (5) valid entrants will be drawn at random to become the Runner-up Prize Winners. Four (4) weekly draws will take place throughout the course of the Contest, on the dates and times outlined below, at Salmat IDR, Level 2, 116 Miller Street, Sydney NSW 2060.
Weekly
Draws Daily entry period opens Daily entry period closes Draw Dates & Time Dates Winners are Announced on the Website
First
Draw Thursday 1 December 2011 at 08:00 (AEDT) Thursday 1 December 2011 at 23:59 (AEDT) Thursday 8 December 2011 at 14:00 (AEDT) Friday 9 December 2011
Friday 2 December 2011 at 00:00 (AEDT) Friday 2 December 2011 at 23:59 (AEDT)
Saturday 3 December 2011 at 00:00 (AEDT) Saturday 3 December 2011 at 23:59 (AEDT)
Sunday 4 December 2011 at 00:00 (AEDT) Sunday 4 December 2011 at 23:59 (AEDT)
Monday 5 December 2011 at 00:00 (AEDT) Monday 5 December 2011 at 23:59 (AEDT)
Tuesday 6 December 2011 at 00:00 (AEDT) Tuesday 6 December 2011 at 23:59 (AEDT)
Wednesday 7 December 2011 at 00:00 (AEDT) Wednesday 7 December 2011 at 23:59 (AEDT)
Second
Draw Thursday 8 December 2011 at 00:00 (AEDT) Thursday 8 December 2011 at 23:59 (AEDT) Thursday 15 December 2011 at 14:00 (AEDT) Friday 16 December 2011
Thursday 8 December 2011 at 00:00 (AEDT) Thursday 8 December 2011 at 23:59 (AEDT)
Friday 9 December 2011 at 00:00 (AEDT) Friday 9 December 2011 at 23:59 (AEDT)
Saturday 10 December 2011 at 00:00 (AEDT) Saturday 10 December 2011 at 23:59 (AEDT)
Sunday 11 December 2011 at 00:00 (AEDT) Sunday 11 December 2011 at 23:59 (AEDT)
Monday 12 December 2011 at 23:59 (AEDT) Monday 12 December 2011 at 23:59 (AEDT)
Tuesday 13 December 2011 at 00:00 (AEDT) Tuesday 13 December 2011 at 23:59 (AEDT)
Third
Draw Thursday 15 December 2011 at 00:00 (AEDT) Thursday 15 December 2011 at 23:59 (AEDT) Thursday 22 December 2011 at 14:00 (AEDT) Friday 23 December 2011
Friday 16 December 2011 at 00:00 (AEDT) Friday 16 December 2011 at 23:59 (AEDT)
Saturday 17 December 2011 at 00:00 (AEDT) Saturday 17 December 2011 at 23:59 (AEDT)
Sunday 18 December 2011 at 00:00 (AEDT) Sunday 18 December 2011 at 23:59 (AEDT)
Monday 19 December 2011 at 00:00 (AEDT) Monday 19 December 2011 at 23:59 (AEDT)
Tuesday 20 December 2011 at 00:00 (AEDT) Tuesday 20 December 2011 at 23:59 (AEDT)
Wednesday 21 December 2011 at 00:00 (AEDT) Wednesday 21 December 2011 at 23:59 (AEDT)
Fourth
Draw Thursday 22 December 2011 at 00:00 (AEDT) Thursday 22 December 2011 at 23:59 (AEDT) Wednesday 28 December 2011 at 14:00 (AEDT) Thursday 29 December 2011
Friday 23 December 2011 at 00:00 (AEDT) Friday 23 December 2011 at 23:59 (AEDT)
Saturday 24 December 2011 at 00:00 (AEDT) Saturday 24 December 2011 at 23:59 (AEDT)
Sunday 25 December 2011 at 00:00 (AEDT) Sunday 25 December 2011 at 23:59 (AEDT)
4.3 The Prize winners will be notified on the phone number and email provided within the Entry, within two (2) days of the draw advising them of their Prize. The Winners names will be announced on
www.DisneyChannel.com.au and
www.DisneyChannel.co.nz, and the Major Prize Winners will have their first initial, surname and state published in the Public Notices section of The Australian newspaper on Thursday 5 January 2012.
4.4 All reasonable attempts will be made to contact the Prize winners. Subject to State Regulation, an unclaimed Prize draw will take place at Salmat IDR, Level 2, 116 Miller Street, Sydney NSW 2060 on Wednesday 28 March 2012 at 14:00 (AEDT). The unclaimed Prize Winners will be notified by phone and email of their prize within two (2) days of the draw, and an unclaimed daily Major Prize Winner will have their first initial, surname and state published in Public Notices section of The Australian newspaper on Wednesday 4 April 2012.
4.5 If any particular draw is scheduled on a public holiday, the draw will be conducted on the following business day.
PRIZE(S)
5.1 There will be 25 Major Prizes (the “Major Prize”) and 125 Runner-up Prizes (the "Runner-up Prize") to be won during the course of the Contest as follows:
5.2 The Major Prize will consist of
(a) One (1) iPad 2, valued at $579AUD
and
One (1) $100 iTunes voucher, valued at $100AUD
Each Major Prize is valued at a maximum of six hundred seventy-nine Australian dollars ($679 AUD)
The total Major Prize pool is valued at a maximum of sixteen thousand nine hundred and seventy five Australian dollars ($16,975 AUD).
5.3 The Runner-up Prize will consist of:
(a) One (1) LEGO DUPLO Cars Lightning McQueen pack (valued at $29.99 AUD)
and
One (1) LEGO Cars Tokyo Pit Stop pack (valued at $24.99 AUD.)
Each Runner-Up prize is valued at a maximum of fifty four dollars and ninety eight cents in Australian dollars ($54.98 AUD).
The total Runner-Up Prize pool is valued at a maximum of six thousand eight hundred and seventy two dollars and fifty cents in Australian dollars ($6,872.50 AUD).
5.4 The total prize pool is valued at a maximum twenty three thousand eight hundred and fourty seven dollars and fifty cents in Australian dollars ($23,847.50 AUD).
5.5 Prize values are based upon the recommended prices at the time of printing (inclusive of GST). Neither Disney nor Salmat IDR accepts any responsibility for a change in prize value between now and the ultimate prize redemption date.
5.6 In the event it is determined that any criteria under these Official Rules is not met by a Prize Winner, the Prize will be forfeited automatically and awarded to another Prize Winner who meets the criteria under these Official Rules.
5.7 If you are a Prize winner, you may not transfer the Prize to anyone or ask for an alternative prize (including cash). Disney may replace a Prize with a prize of equal value in the unlikely event that a Prize becomes unavailable subject to State Regulation.
5.8 The Prizes will be sent to Winners by mail (at the address stated in their Entry form) at Disney’s cost. Once a Prize has left the premises of Disney, Disney accepts no responsibility for lost, late, damaged or misdirected mail or other circumstances beyond Disney’s reasonable control.
5.9 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 Prize
5.10 The prize must be claimed in accordance with clause 4.4. If you are unable to claim the Prize for whatever reason, Disney may award the Prize to someone else subject to State Regulation.
5.11 Independent financial advice should be sought as tax implications may arise as a result of accepting the prize.
5.12 Should an entrant’s contact details change during the promotional period, it is the entrant's responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to Promoter.
5.13 Award of the 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.
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, irrevocable, worldwide license (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;
(b) The right not to have your authorship of and/or performance in the Entry falsely attributed; and
(c) 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 subject to State Regulation.
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. You agree that you will not sue or make claim against Disney for damages or other losses sustained as a result of acceptance of a Prize. You hereby expressly recognize that this release of liability, waiver of legal rights, and assumption of risk is a contract pursuant to which the Participants have released, and released on behalf of any Participant under the age of 18, any and all claims against Disney resulting loss in relation to acceptance of a Prize, including without limitation any claims for negligence of Disney.
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 You represent and warrant that you have all of the rights necessary to effect the transfer of rights to Disney under clause 6.2
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 the Disney Channel, Playhouse Disney and/or the Contest. Your personal information including name, address and telephone number 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 the entrant. You hereby waive any rights of privacy, publicity or similar rights which you may have in the Entry.
9.2 No personal information collected from a participant under the age 13 years will be used for any marketing or promotional purposes, either by Disney or its affiliates.
9.3 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.
DISNEY INTELLECTUAL PROPERTY
10.1 Unless expressly stated in these Official Rules, your participation in the Contest does not entitle you to use any of Disney's intellectual property rights (including any Disney trade mark or copyright) for any purpose.
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
11.1 These Official Rules are governed by the laws of Australia and New Zealand. 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.
AMENDMENTS
12.1 Disney reserves the right to change, amend, delete or add to these Official Rules subject to State Regulation 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
13.1 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
14.1 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.
Authorised under Permit numbers: NSW: LTPS/11/10293, ACT: TP 11/04562, VIC: 11/2485, SA: T11/2397
Australian Competitions Club
