Terms and Conditions for the Fisher-Price® Little People ® Wheelies ™ Amusement Park Competition
1. Information on how to enter and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. The Fisher-Price Little People Wheelies Competition (Competition) commences at 12:00 am on Sunday 14th October 2012 and ends at 12:00am Sunday 2nd December 2012 (Competition Period).
3. 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
4. Entry in the Competition is open to Australian residents. 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.
5. Entry into the Competition is free.
6. 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.
7. 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.
8. Incomplete or indecipherable entries will be deemed invalid.
How to enter
9. To enter the Competition, go to www.fisherprice.com.au and click on the Competition link, and follow the prompts. Then, in the online entry form:
• Tell us in 25 words or less how you and your family amuse each other.
• Correctly complete your details (including your name, address, email address, phone number and gender of child) and submit your entry online.
10. All entries must be received within the Competition Period. Entries are deemed to be received at the time they are received by the Promoter and not at the time of submission by the entrant. The Promoter is not liable for late, lost, incomplete, incorrectly submitted, delayed, illegible or misdirected entries, claims or correspondence due to error, omission, tampering, deletion, theft, communications failure or otherwise. The Promoter has no control over communications networks and is not liable for any problems associated with them due to traffic congestion, technical malfunction or otherwise. Entrants who enter using multiple aliases may be disqualified.
11. Only one (1) entry is allowed per household.
How winners are determined
12. The Promoter (or its nominee) will select ten (10) winners from the entries which comply with these terms and conditions (as determined by the Promoter or its nominee in its sole discretion). The winners will be selected based on the following criteria:
(a) Creativity
(b) imaginativeness; and
(c) funniness
(Selection Criteria)
13. The selection of winners based on the Selection Criteria will take place at Level 4, 658 Church St, Richmond VIC, 3121 on 12 December 2012 by the Promoter or a representative nominated by the Promoter. The Promoter’s or its nominee’s decisions are final and no correspondence will be entered into.
Prizes
14. The ten (10) winners (as determined by the Promoter or its nominee in its sole discretion) will each receive:
• One (1) Little People Wheelies Amusement Park Playset to the value of AUD$115.99 RRP (inc GST)
• a gift voucher to an Australian amusement park of their choice to the value of AUD$500.00 RRP.
15. The Competition winners will be notified by email and the prize will be dispatched by mail. Winners should allow approximately 14 days to receive their prize. The Promoter, 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.
16. The winners must respond within 3 days of notification to claim their prize. Upon failure to respond within that time, an alternative winner will be drawn on 19 December 2012 in accordance with the procedure outlined above.
17. The alternative winners, if any, will be notified by email within 3 days and the prize will be dispatch by mail.
18. If any prize remains unclaimed after 31 December 2012, the Promoter may retain the prize and is under no obligation to find a further alternative winner.
19. The total prize pool value is AUD$6,159.90 (inc GST).
20. 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 names and likeness
21. If you are a winner, you grant the Promoter the right to use (and to license others to use) your name and likeness to promote and advertise all or any of the Competition or the Promoter without royalty, payment or other compensation to the entrant.
22. You may at any time 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 as described above by calling (03) 9425 5216.
23. The Promoter agrees not to use your name or likeness in connection with any commercial tie-ups, merchandising or for the direct or indirect endorsement of any product or services except for the commercial and/or other sponsorship of the Competition or the Promoter.
General
24. 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.
25. 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.
26. 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;
(f) use of or taking of a prize; or
(g) participation in the Competition.
27. The Promoter collects personal information in order to conduct the Competition and may, 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.
28. 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. Entrants should direct any request to access, update or correct information to the Promoter
29. The Promoter is bound by the National Privacy Principles in the Privacy Act 1988 (Australia). Entrants 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 5222 during office hours. to Tthe Promoter's privacy policy can also be viewed at http://corporate.mattel.com/privacy-policy.aspx.
Parents/Guardians
30. The Parent or guardian of the entrant who agrees to these Terms and Conditions::
(a) guarantees that the entrant has complied and will comply with these Terms and Conditions;
(b) warrants that the entrant's work is their own; 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 26.