"FISHER-PRICE OVERJOYED, OVERSEAS NYC" PROMOTION

TERMS AND CONDITIONS
1. Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is only open to Australian residents aged 18 years or over.
3. Employees (and their immediate families) of the Promoter and agencies associated with this promotion 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 1st cousin.
4. Promotion commences on 16th September 2013 and ends at 11.59pm AEDST on 31st December 2013 (“Promotional Period”).
5. To enter, complete the following steps during the Promotional Period:
(a) spend $30 or more in one transaction on Fisher-Price toy/s, at any store within Australia which sells the branded toys (“Qualifying Transaction”); and
(b) visit www.fisherprice.com.au, follow the prompts to the promotion entry page, input the requested details including but not limited to their full name, valid email address, contact phone number, the barcode number of one (1) of the Fisher-Price toys purchased in the Qualifying Transaction, and the receipt number for the Qualifying Transaction (if a receipt number is specified on the store purchase receipt), and submit the fully completed entry form.
6. 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.
7. Incomplete or indecipherable entries will be deemed invalid.
8. Multiple entries permitted, subject to the following: (a) only one entry permitted per Qualifying Transaction; and (b) each entry must be submitted separately and in accordance with entry requirements.
9. Entrants must retain their original purchase receipt(s) for all entries as proof of purchase. Failure to produce the proof of purchase for all entries when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an entrant’s entries and forfeiture of any right to a prize. Purchase receipt(s) must clearly specify the store of purchase, the Fisher-Price toy/s purchased within the Qualifying Transaction, and that the purchase was made during the Promotional Period but prior to entry.
10. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
11. The draw will take place at Anisimoff Legal, Level 5, 492 St Kilda Road, Melbourne Victoria 3004 on 10th January 2014 at 11am AEDST. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
12. Winners will be notified by telephone and email within two (2) business days of the draw. The Major Prize winner’s name will also be published in The Australian on 17th January 2014.
13. The Promoter’s decision is final and no correspondence will be entered into.
14. Major Prize: The first valid entry drawn will win a trip for four (4) people to New York City, USA valued at up to AU$17,688 depending on date and point of departure. Prize includes:
  • • Four (4) x return economy flights from the winner’s nearest capital city to New York City, USA;
  • • Five (5) nights twin share 4-star rating accommodation;
  • • One (1) x Family pass to visit Empire State Building; and
  • • AU$1,000 spending money (awarded in a form of a cheque made in favour of the winner)
15. Spending money (above the AU$1,000 amount included in the prize), meals, insurance, transport to and from departure point, transfers, passports, visas, items of a personal nature, in-room charges and all other ancillary costs are not included. Prize (if awarded in the original draw and claimed prior to 1st February 2014) must be taken between 1st February and 31st March 2014, and is subject to booking and flight availability. If the major prize is claimed after 1st February 2014, the prize must be taken between 1st March 2014 and 30th June 2014, and subject to booking and flight availability. Prize cannot be taken during Australian school holidays, public holidays or other peak periods.
16. The winner and his/her travel companions are responsible for ensuring that they have valid passports, and any requisite visas and travel documentation. During the entire duration of the prize, a nominated parent/guardian must accompany any person under 18 years of age. The winner and his/her travel companions must depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. The winner may be required to present their credit card at time of accommodation check in.
17. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify a prize, subject to any written directions from a relevant regulatory authority.
18. Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
19. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
20. Minor Prizes: The next fifty (50) valid entries drawn will each win a Fisher-Price® Laugh & Learn™ Apptivity™ Pack valued at RRP AU$74.98, consisting of:
  • • 1 x Apptivity Case for iPad valued at RRP AU$44.99; and
  • • 1 x Apptivity Storybook Reader valued at RRP AU$29.99
21. Total prize pool value is up to AU$21,437 (based on RRP values of prizes).
23. A draw for any unclaimed prizes may take place on 10th April 2014 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners, if any, will be notified by telephone and email within two (2) business days of the draw. In the event that the Major Prize is awarded in the unclaimed prize draw, the winner’s name will be published in The Australian on 17th April 2014.
24. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
25. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
26. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
28. Nothing in these Terms and Conditions limits, excludes or modifies 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 States 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 promotion.
29. 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: (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; or (f) use of a prize and/or participation in the Major Prize.
30. As a condition of accepting a prize, each winner (and the winner’s adult travel companion, in the case of the Major Prize) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. In the event that the Major Prize winner is not the parent/guardian of the two (2) children travellers for the prize, each child’s parent/guardian must also sign any required forms required by the Promoter and/or prize suppliers.
31. The Promoter collects personal information in order to conduct the promotion and 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. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries become the property of the Promoter.
32. The Promoter is Mattel Pty Ltd (ABN 60 000 660 962) of 658 Church Street, Richmond, VIC 3121, telephone +61 3 9425 5222.
NSW Permit No. LTPS/13/6495 VIC Permit No. 13/2024 ACT Permit No. TP13/3022 SA Permit No. T13/1513