Terms and Conditions for the Design the Next Barbie Party Dress at Target Competition
1. Information on how to enter and prizes form part of these Terms and Conditions.
2. The Design the Next Barbie Party Dress at Target Competition (Competition) commences at 12:01AM (AEST) on 30/05/13 and ends at 11:59PM (AEST) on 12/06/13 (Competition Period).
3. By entering this Competition you are deemed to have accepted these Terms and Conditions.
4. The Promoter of the Competition is Mattel Pty Ltd ABN 60 000 660 962 of Level 4, 658 Church Street, Richmond VIC, 3121 (Promoter).
Entry eligibility
5. Entry in the Competition is open to Australian residents who are 13 years and over and who are not professional fashion designers. Entrants who work or profit from a profession in designing clothes are not eligible to participate in this Competition.
6. Entrants under 18 years old must have parent/guardian approval to enter. 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 this Competition.
7. Entry into the Competition is free.
8. Employees (and their immediate families) of the Promoter and agencies associated with this Competition 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 first cousin.
9. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. 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.
10. Incomplete or indecipherable entries will be deemed invalid.
How to enter
11. To enter the Competition, entrants must either enter through one of the two options set out below.
(a)
Facebook application
(i) 'Like' Target Australia on Facebook (
www.facebook.com/targetaus) (Facebook Page);
(ii) Click on the Competition tab or click the competition link;
(iii) Draw your party dress design (there is an optional design template provided which you can use);
25. The Winner and Runners-Up will be notified by email by 13/07/13 of being chosen as a winner and their surnames, initial(s) and states will be published on the Target website and Target Facebook Page, and via a media release through media outlets.
26. The Winner and Runners-Up will be notified by email and the prizes will be dispatched by mail. Winners and Runners Up should allow approximately 14 days to receive their prize. The Promoter, any fulfillment company and its associated agencies and companies will not be liable for any damage in transit to, or delay in transit of, any prize.
27. The total prize pool value is AUD$1,383.70 (inc GST).
28. Prizes are not transferable or exchangeable and cannot be taken as cash. If a prize is unavailable for any reason, the Promoter may substitute for that prize another item of equal or higher value as determined by the Promoter subject to approval by regulatory bodies if required.
Right to use entries, names and likeness
Entries Generally
29. Entrants acknowledge that entries will be posted on to the Target Facebook Page (entrant's Facebook profile names will also appear) as well as the Target website
www.target.com.au and be available for public viewing and comment. Entrants consent to such publication of this material.
30. When any entrant submits, produces or distributes any material in relation to this Competition including their dress design (Content), the entrant, unless the Promoter advises otherwise, licenses and grants the Promoter, and their affiliates and sub- licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub- licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.
31. The Promoter collects personal information in order to conduct the Competition and for other purposes of collection as set out in the Promoter’s privacy policy. The Promoter may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this information.
32. The Promoter will not, unless consent is obtained including parental consent for those under the age of 18, use this information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant.
33. If the entrant opts-in on the entry page, Target may use the personal information collected from the entrant to enter the information into its database:
(a) to provide the entrant with information about Target's products, promotions and other news; and
(b) for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid unless otherwise advised by the entrant.
34. By opting-in, entrants confirm that they allow their details to be used and disclosed as described in clause 33 above . If entrants no longer consent to their details being used for future marketing purposes, the entrant should contact The Promoter by calling (03) 9425 5241 during office hours. Any request to update, modify or delete the entrant’s details should be directed to the Promoter.
35. The Promoter is bound by the National Privacy Principles in the Privacy Act 1988 (Australia). Entrants may access, change and/or update their personal information and obtain a copy of the Promoter's privacy policy by contacting the Promoter on (03) 9425 5241 during office hours. The Promoter's privacy policy can also be viewed at
http://corporate.mattel.com/privacy-policy.aspx.
Winning Entries
36. If you are a Winner or Runner Up:
(a) you grant the Promoter and Target and associated companies and agents the right to use (and to license others to use) your entry including the dress design, your name and likeness to promote and advertise all or any of the Competition or the Promoter without any royalty, payment or other compensation to you.
(b) You may at any time prior to 1 July 2013 notify the Promoter that you do not wish for the Promoter and others (who are licensed to do so) to use your name and likeness or entry including the dress design as described above by notifying the Promoter in writing on
CPApprovals@Mattel.com or calling (03) 9425 5216 during office hours and communicating this request clearly to the Licensee Manager.
(c) The Promoter agrees not to use your name or likeness or entries in connection with any commercial tie-ups, merchandising or for the direct or indirect endorsement of any product or services other than the dresses referred to in paragraph 18(a) above and for the commercial and/or other sponsorship of the Competition or the Promoter.
General
37. Participation in this Competition is considered acceptance of the following:
(a) a complete release of Facebook by any entrant;
(b) an acknowledgement that this Competition is in no way sponsored, endorsed or administered by, or associated with Facebook; and
(c) that the information provided by each entrant is provided to the Promoter (as detailed in these Terms and Conditions) and not to Facebook.
38. Participation and entry in this Competition is conditional upon the entrant complying with all rules, regulations and guidelines set down by Facebook.
39. Entrants agree that they are fully responsible for the Content they submit, produce, share and/or distribute. The Promoter and/or Target and its associated companies and agents shall not be liable in any way for such Content to the full extent permitted by law.
40. The entrant warrants that the Content submitted in their entry is:
(a) the original, independent creation of the entrant that has not previously been published in any form in any country in the world; and
(b) free from any claims, including copyright, designs or trademark claims by other parties.
41. The Promoter and Target may remove any Content that does not comply with these Terms and Conditions. Entrants warrant and agree that:
(a) they will not submit, produce, share or distribute any Content 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;
(b) they have obtained prior consent from any person in respect of that person or their property that appears in their Content;
(c) they have obtained full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein;
(d) their Content does not contain viruses or cause injury or harm to any person or entity;
(e) 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
(f) the Promoter reserves the right to disqualify any entrant who submits or uploads any material that does not comply with these Terms and Conditions.
42. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter and/or Target for any breach of these Terms and Conditions.
43. The Parent or Guardian of the entrant who agrees to these Terms and Conditions:
(a) warrants that the entrant has complied and will comply with these Terms
and Conditions;
(b) warrants that the entry contains the entrant's own work; and
(c) 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 45.
44. If for any reason any aspect of this competition is not capable of running as planned, including by reason of misdirected entries, tampering, unauthorized intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the competition, or
invalidate any affected entries, subject to the approval of the gaming authorities in each state and territory, if required.
45. Nothing in these Terms and Conditions limit, exclude or modify 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 the State and Territories of 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 Competition.
46. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) and Target are not responsible for and exclude 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;
(f) use of or taking of a prize; or
(g) participation in the Competition.
Australian Competitions Club
