Win A trip to Melbourne K Mart
To celebrate the new toy range at Kmart, Vicinity offers you the opportunity to let your kid's imagination run wild and Play Your Way to Kmart’s kids toy review.
Six lucky families with children aged between 4 - 8 yrs will be chosen to win an all expenses trip to Melbourne, Victoria to participate in Kmart’s kids toy review.
Kmart’s kids toy review will be conducted by kids with their parent or guardian in attendance at Chadstone Shopping Centre on Sunday 8th October, 2017. All winning non-Victorian based families will receive return airfares, one night accommodation, car transfers and lunch at Chadstone Shopping Centre. Winners take home their favorite products.
Upload a 1 minute video of your 4 - 8 year old child explaining how they would best review toys. Terms and Conditions apply; enter further below.
Good luck!
Kmart Kids Toy Review
Terms and Conditions
Who is running the
competition?The Promoter is Vicinity Centres PM Pty Ltd (ABN 96 101 504 045)
as disclosed agent for the owners of Chadstone Shopping Centre
(Centre), Melbourne Corporate Office, Level 4, Chadstone Tower
One, 1341 Dandenong Road, Chadstone Vic 3148.
When will the
competition start and
end?The competition starts at 3pm, (AEST) on 1/09/17 and ends at 5pm
(AEST) on 22/09/17 (the Competition Period).
Who can enter? Only Australian residents aged 18 or over who:
1. are a parent or guardian of a child aged 4 to 8 years (Your
Child);
2. are able travel to attend the Centre with Your Child on
8/10/17;
3. take the prize between 07/10/17 and 08/10/17 (inclusive);
and
4. upon request by the Promoter, can provide proof of identity
and guardianship of Your Child (or Children, if relevant),
can enter.
Who can't enter? Directors, officers, management and employees of the following
entities and any of their related body corporates:
(a) the Promoter;
(b) Wesfarmers Limited (ABN 28 008 984 049);
(c) Kmart Australia Limited (ABN 73 004 700 485) (Kmart);
(d) the agencies or companies associated with this
competition or the Promoter or Kmart; or
(e) the retail stores located at the Promoter's shopping
centres,
and the immediate families of those people, can't enter.
Do I need to buy
anything to enter?No.
Entry instructions During the Competition Period, you must:
(a) create a video (in MP4, MOV, AVI, or WMV) (max 1
minute) of Your Child explaining how they would best
review toys; and
(b) visit playyourway.com.au (Website), upload the video, fill
out and submit the online entry form (the video and entry
form are together an ‘entry’ for the purposes of these
Terms and Conditions), and provide all other requested
information. You acknowledge that the entry you submit
will be publicly viewable on the Website for a period up to
3 months after the Competition Period.
By entering, you consent to Your Child (or Children, if relevant)
participating in this competition. Your Child's name on the entry
form must match his or her birth certificate.
How many winners will
there be and how will
they be chosen?This is a game of skill. At the end of the Competition Period, a
judging panel appointed by the Promoter (which may include
representatives of Kmart) will review each valid entry and will judge
the entries based on creativity and originality to determine the
winners. Chance plays no part in how the winners will be selected.
The 6 valid entries judged to be the best will each win a prize.
All judging decisions are as determined by the Promoter, in their
absolute discretion.
What can I win? There are in total up to 6 prizes available.
Each prize is a trip to Melbourne for a family of 4 (including you,
Your Child, and 2 other family members) valued at up to $6,000
depending on the winner’s point of departure.
For the avoidance of doubt, if more than one of Your Children win,
then you will only be awarded one trip.
See paragraphs 9-11 for further prize details.
Total prize pool The total prize pool is up to $36,000.
How many times can I
enter?You can only enter once in respect of each of Your Children.
How and when will the
winners be informed?If you are a winner, you will be informed by phone and by email by
25/09/17.
If I win, when must I
claim my prize?You must contact the Promoter to claim your prize by 12pm (AEST)
on 27/09/17.
What if I don't claim my
prize on time?If a prize has not been accepted or claimed by 12pm (AEST) on
27/09/17, the relevant entry will be discarded and the Promoter will
re-award the relevant prize to the person who submitted the next
best valid entry who has not already been awarded a prize.
1 These Terms and Conditions incorporate and must be read together with the details
outlined in the table above. Information about prizes and how to enter forms part of
these Terms and Conditions. By entering, you accept these Terms and Conditions.
Entry
2 Your entry must be received during the Competition Period. Your entry is deemed to be
received only when received by the Promoter’s database. You will receive a return
online message confirming your entry. The Promoter is not liable for any problems with
communications networks. You are responsible for your own costs associated with
entering. If you enter using automatically generated entries or multiple aliases you may
be disqualified.
3 Every entry, including any video, must be your original work and not copied.
4 For up to 3 months from the end of the Competition Period, the Promoter may copy and
amend your entry (including the video) and may use (or allow others to use) your entry
and any rights in relation to your entry, to publicise this competition or for any other
purpose. These rights are royalty free, world-wide, irrevocable and transferable. For
example, the Promoter may publish all or any part of your entry or any amended version
of it. The Promoter may also decide not to publish an entry, to cease publication of an
entry, or to publish an edited entry.
5 You warrant that your entry does not breach any third party rights (for example,
intellectual property rights) and its use by the Promoter or any other person will not
breach such rights nor otherwise breach any law (for example, it is not defamatory, in
contempt of court or in breach of any privacy law). Your entry must not be obscene,
offensive, malicious, discriminatory, indecent or (in the Promoter's opinion) otherwise
objectionable or inappropriate (for example it must not include nudity or language the
Promoter deems offensive).
6 You consent to Your Child's video being submitted in this competition. You must not
include any other person apart from Your Child in your video unless they have
consented to you submitting it in this competition and, if that person is under the age of
18 years you must have their parent’s or guardian’s consent and, if the person is aged
13 or above, you must have that person's consent.
7 You must ensure your entry does not contain any virus, malware or other malicious or
inappropriate computer code or material.
8 The Promoter may edit, modify, decline to publish or delete all or any part of your entry
as submitted, including as made available on the Website.
Prizes
9 If you win, your prize will be a trip for a family of 4 (including you, Your Child and two
other family members) to Melbourne between 07/10/17 and 08/10/17 (inclusive) and
includes:
(a) return economy airfares (including airfare taxes) from your nearest Australian
capital city to Melbourne (flights are not included if the winner lives in Victoria,
and if so, you must make your own way to the hotel at your own cost) ;
(b) 1 night's accommodation in a hotel (as determined by the Promoter) including
breakfast ; and
(c) transfers from Melbourne airport to the hotel (not included if flights are not
included), from the hotel to the Centre, and from the Centre to Melbourne airport;
(d) AU$200 total spending money awarded to you only, to contribute to room
incidentals;
(e) the opportunity for Your Child to participate in the Kmart Kids Toy Review on
08/10/17 at the Centre;
(f) toys, lab coat and luggage for Your Child, as specified by the Promoter and/or
Kmart; and
(g) lunch at the Centre on 08/10/17 as specified by the Promoter.
Accommodation and flights are subject to booking and availability. The prize must be
taken between 07/10/17 and 08/10/17 (inclusive) to coincide with the Kmart Kids Toy
Review. Travel must be booked by 29/09/17. You are responsible for all other costs
related to the prize, including any additional meals, additional transfer costs, in-room
charges and additional taxes. All persons taking the prize must depart and return at the
same time. The prize is subject to any additional conditions of the prize supplier/s.
Costs for changes made by you to the prize after it has been booked must be paid by
you. Any person taking the trip that is under 18 years old at the date of departure must
be accompanied by their parent or guardian at all times. You may be required to
present your credit card when checking in to the accommodation.
10 If the value of the lunch consumed as part of the prize is less than the value specified by
the Promoter, the balance will not be provided to you and no cash or other prize will be
provided in its place. Any costs incurred over the specified value must be paid by you.
11 The Promoter accepts no responsibility if the Kmart Kids Toy Review on 08/10/17 is
abandoned, called off or postponed for any reason and you and Your Child (or Children,
if relevant) will not be given any cash or alternative tickets as a substitute for attending
the event.
General
12 If you are a winner, on 08/10/17, you and Your Child (or Children, if relevant) may be
asked to take part in publicity, photography and other promotional activity as the
Promoter or Kmart requires, without any compensation. If you agree, you consent to the
Promoter and Kmart using your and Your Child's (or Children's, if relevant) names and
images in any promotional or advertising activity.
13 Those participating in the Kmart Kids Toy Review must follow the Promoter’s
instructions including wearing any promotional items as required by the Promoter. You
must supervise Your Child (or Children, if relevant) at all times during his or her
participation in the Review. Participants must not engage in unsportsmanlike conduct or
interfere with other participants (e.g. by making any contact with or distracting another
participant or acting in any manner which the Promoter considers reckless or
inappropriate). The Promoter may disqualify any participant who fails to comply with the
Promoter’s instructions, the workshop rules or these Terms and Conditions.
14 If you or your entry are deemed by the Promoter to breach these Terms and Conditions
including if you are unable to take the prize between 07/10/17 and 08/10/17 (inclusive),
your entry may be discarded and if you were a winner, the prize may be awarded to the
person who submitted the next best valid entry that has not already been awarded a
prize. The Promoter may, at any time, require you to produce documentation to
establish to the Promoter's satisfaction the validity of your entries (including
documentation establishing your identity, age, guardianship of Your Child (or Children, if
relevant), place of residence and place of employment). Failure by the Promoter to
enforce any of its rights at any stage does not waive those rights.
15 You must not:
(a) tamper with the entry process;
(b) engage in any conduct that may jeopardise the fair and proper conduct of the
competition;
(c) act in a disruptive, annoying, threatening, abusive or harassing manner;
(d) do anything that may diminish the good name or reputation of the Promoter or
any of its related entities or of the agencies or companies associated with this
competition;
(e) breach any law; or
(f) behave in a way that is otherwise inappropriate.
16 You are responsible for Your Child (or Children, if relevant) and the Promoter may
disqualify all entries from, and prohibit further participation in this competition by, you if
he or she breaches these conditions, whether or not legally bound by them.
17 If you, in the opinion of the Promoter (and/or a medical professional, as required), are
intoxicated, under the influence of alcohol or any other drug, behave aggressively or
offensively, or behave in a manner which may diminish the good name or reputation of
the Promoter or any of its related entities or the agencies or companies associated with
this competition, is contrary to law or is otherwise inappropriate, the Promoter may
cancel the prize or restrict you and Your Child (or Children, if relevant) from participating
in any elements of the prize, at its discretion.
18 The Promoter is not liable for entries, prize claims or correspondence that are
misplaced, misdirected, delayed, lost, incomplete, illegible or incorrectly submitted.
19 The Promoter’s decision in connection with all aspects of this competition is final.
20 Prizes cannot be transferred or exchanged nor (except where cash is specified)
redeemed for cash. Without limiting any other term of these Terms and Conditions, all
prizes (and elements of prizes) must be taken as and when specified, or will be forfeited
with no replacement. The prize values are correct as at the date of preparing these
Terms and Conditions and include any applicable GST. The Promoter is not
responsible for any change in prize value. You agree that if a prize (or element of a
prize) is unavailable for any reason the Promoter may provide another item of equal or
higher value.
21 By accepting or participating in any prize, you accept these Terms and Conditions on
behalf of Your Child (or Children, if relevant).
22 If this competition cannot run as planned for any reason beyond the Promoter's control,
for example due to software, hardware or communications issues, unauthorised
intervention, tampering, fraud or technical failure or, if for any reason the Centre is not
accessible, the Promoter may end, change, suspend or cancel the competition or
disqualify affected entries/entrants. In these circumstances, the Promoter will make
reasonable efforts to endeavor to reschedule the Kmart Kids Toy Review.
23 The Promoter is not responsible for any tax implications arising from you winning a
prize. You should seek independent financial advice. If for GST purposes this
competition results in any supply being made for non-monetary consideration, you must
follow the Australian Taxation Office’s stated view that where the parties are at arm’s
length, goods and services exchanged are of equal GST inclusive market values.
Liability
24 Nothing in these Terms and Conditions restricts, excludes or modifies any consumer
rights under any statute including the Competition and Consumer Act 2010 (Cth).
25 Subject to the previous paragraph, the Promoter and the agencies and companies
associated with this competition are not liable (including in negligence) for any loss
(including indirect, special or consequential loss or loss of profits), expense, damage,
personal injury (including allergies, skin conditions or other reactions), illness or death
suffered in connection with this competition or any prize, except for any liability which
under statute cannot be excluded (in which case that liability is limited to the greatest
extent allowed by law).
26 Without limiting the previous paragraph, the Promoter and the agencies and companies
associated with this competition are not liable for any loss of, damage to or delay in
delivery of prizes or for any damage that occurs to prizes.
27 The Promoter may, and may allow Kmart to, communicate or advertise this competition
using Facebook or Instagram. The Promoter may also use your entry on, and share your
entry with Kmart for use on, their Facebook or Instagram for promotional
purposes. However, the competition is in no way sponsored, endorsed or administered
by, or associated with, Facebook or Instagram. You provide your information to the
Promoter and not to Facebook or Instagram. You completely release Facebook and
Instagram from any and all liability.
Collection and use of your personal information
28 Your entry will be the Promoter's property. The information you provide will be used by
the Promoter and/or its agencies or companies associated with this competition for the
purpose of conducting this competition and communicating with you. The Promoter may
collect your personal information (including through its contractors or agents) or disclose
your personal information to its related companies, contractors and agents to assist in
conducting this competition, storing data or communicating with you. By entering this
competition, you consent to the storage of your personal information on the Promoter’s
database and on the Website and the Promoter may use this information for future
competition and marketing purposes regarding its products, including contacting you via
electronic messaging. The Promoter is bound by the Privacy Principles in the Privacy
Act 1988 (Cth). The Promoter’s Privacy Policy, located at
http://www.vicinity.com.au/privacy-policy contains information about how you can seek
access to the personal information the Promoter holds about you and seek the
correction of such information.
Show more
Six lucky families with children aged between 4 - 8 yrs will be chosen to win an all expenses trip to Melbourne, Victoria to participate in Kmart’s kids toy review.
Kmart’s kids toy review will be conducted by kids with their parent or guardian in attendance at Chadstone Shopping Centre on Sunday 8th October, 2017. All winning non-Victorian based families will receive return airfares, one night accommodation, car transfers and lunch at Chadstone Shopping Centre. Winners take home their favorite products.
Upload a 1 minute video of your 4 - 8 year old child explaining how they would best review toys. Terms and Conditions apply; enter further below.
Good luck!
Kmart Kids Toy Review
Terms and Conditions
Who is running the
competition?The Promoter is Vicinity Centres PM Pty Ltd (ABN 96 101 504 045)
as disclosed agent for the owners of Chadstone Shopping Centre
(Centre), Melbourne Corporate Office, Level 4, Chadstone Tower
One, 1341 Dandenong Road, Chadstone Vic 3148.
When will the
competition start and
end?The competition starts at 3pm, (AEST) on 1/09/17 and ends at 5pm
(AEST) on 22/09/17 (the Competition Period).
Who can enter? Only Australian residents aged 18 or over who:
1. are a parent or guardian of a child aged 4 to 8 years (Your
Child);
2. are able travel to attend the Centre with Your Child on
8/10/17;
3. take the prize between 07/10/17 and 08/10/17 (inclusive);
and
4. upon request by the Promoter, can provide proof of identity
and guardianship of Your Child (or Children, if relevant),
can enter.
Who can't enter? Directors, officers, management and employees of the following
entities and any of their related body corporates:
(a) the Promoter;
(b) Wesfarmers Limited (ABN 28 008 984 049);
(c) Kmart Australia Limited (ABN 73 004 700 485) (Kmart);
(d) the agencies or companies associated with this
competition or the Promoter or Kmart; or
(e) the retail stores located at the Promoter's shopping
centres,
and the immediate families of those people, can't enter.
Do I need to buy
anything to enter?No.
Entry instructions During the Competition Period, you must:
(a) create a video (in MP4, MOV, AVI, or WMV) (max 1
minute) of Your Child explaining how they would best
review toys; and
(b) visit playyourway.com.au (Website), upload the video, fill
out and submit the online entry form (the video and entry
form are together an ‘entry’ for the purposes of these
Terms and Conditions), and provide all other requested
information. You acknowledge that the entry you submit
will be publicly viewable on the Website for a period up to
3 months after the Competition Period.
By entering, you consent to Your Child (or Children, if relevant)
participating in this competition. Your Child's name on the entry
form must match his or her birth certificate.
How many winners will
there be and how will
they be chosen?This is a game of skill. At the end of the Competition Period, a
judging panel appointed by the Promoter (which may include
representatives of Kmart) will review each valid entry and will judge
the entries based on creativity and originality to determine the
winners. Chance plays no part in how the winners will be selected.
The 6 valid entries judged to be the best will each win a prize.
All judging decisions are as determined by the Promoter, in their
absolute discretion.
What can I win? There are in total up to 6 prizes available.
Each prize is a trip to Melbourne for a family of 4 (including you,
Your Child, and 2 other family members) valued at up to $6,000
depending on the winner’s point of departure.
For the avoidance of doubt, if more than one of Your Children win,
then you will only be awarded one trip.
See paragraphs 9-11 for further prize details.
Total prize pool The total prize pool is up to $36,000.
How many times can I
enter?You can only enter once in respect of each of Your Children.
How and when will the
winners be informed?If you are a winner, you will be informed by phone and by email by
25/09/17.
If I win, when must I
claim my prize?You must contact the Promoter to claim your prize by 12pm (AEST)
on 27/09/17.
What if I don't claim my
prize on time?If a prize has not been accepted or claimed by 12pm (AEST) on
27/09/17, the relevant entry will be discarded and the Promoter will
re-award the relevant prize to the person who submitted the next
best valid entry who has not already been awarded a prize.
1 These Terms and Conditions incorporate and must be read together with the details
outlined in the table above. Information about prizes and how to enter forms part of
these Terms and Conditions. By entering, you accept these Terms and Conditions.
Entry
2 Your entry must be received during the Competition Period. Your entry is deemed to be
received only when received by the Promoter’s database. You will receive a return
online message confirming your entry. The Promoter is not liable for any problems with
communications networks. You are responsible for your own costs associated with
entering. If you enter using automatically generated entries or multiple aliases you may
be disqualified.
3 Every entry, including any video, must be your original work and not copied.
4 For up to 3 months from the end of the Competition Period, the Promoter may copy and
amend your entry (including the video) and may use (or allow others to use) your entry
and any rights in relation to your entry, to publicise this competition or for any other
purpose. These rights are royalty free, world-wide, irrevocable and transferable. For
example, the Promoter may publish all or any part of your entry or any amended version
of it. The Promoter may also decide not to publish an entry, to cease publication of an
entry, or to publish an edited entry.
5 You warrant that your entry does not breach any third party rights (for example,
intellectual property rights) and its use by the Promoter or any other person will not
breach such rights nor otherwise breach any law (for example, it is not defamatory, in
contempt of court or in breach of any privacy law). Your entry must not be obscene,
offensive, malicious, discriminatory, indecent or (in the Promoter's opinion) otherwise
objectionable or inappropriate (for example it must not include nudity or language the
Promoter deems offensive).
6 You consent to Your Child's video being submitted in this competition. You must not
include any other person apart from Your Child in your video unless they have
consented to you submitting it in this competition and, if that person is under the age of
18 years you must have their parent’s or guardian’s consent and, if the person is aged
13 or above, you must have that person's consent.
7 You must ensure your entry does not contain any virus, malware or other malicious or
inappropriate computer code or material.
8 The Promoter may edit, modify, decline to publish or delete all or any part of your entry
as submitted, including as made available on the Website.
Prizes
9 If you win, your prize will be a trip for a family of 4 (including you, Your Child and two
other family members) to Melbourne between 07/10/17 and 08/10/17 (inclusive) and
includes:
(a) return economy airfares (including airfare taxes) from your nearest Australian
capital city to Melbourne (flights are not included if the winner lives in Victoria,
and if so, you must make your own way to the hotel at your own cost) ;
(b) 1 night's accommodation in a hotel (as determined by the Promoter) including
breakfast ; and
(c) transfers from Melbourne airport to the hotel (not included if flights are not
included), from the hotel to the Centre, and from the Centre to Melbourne airport;
(d) AU$200 total spending money awarded to you only, to contribute to room
incidentals;
(e) the opportunity for Your Child to participate in the Kmart Kids Toy Review on
08/10/17 at the Centre;
(f) toys, lab coat and luggage for Your Child, as specified by the Promoter and/or
Kmart; and
(g) lunch at the Centre on 08/10/17 as specified by the Promoter.
Accommodation and flights are subject to booking and availability. The prize must be
taken between 07/10/17 and 08/10/17 (inclusive) to coincide with the Kmart Kids Toy
Review. Travel must be booked by 29/09/17. You are responsible for all other costs
related to the prize, including any additional meals, additional transfer costs, in-room
charges and additional taxes. All persons taking the prize must depart and return at the
same time. The prize is subject to any additional conditions of the prize supplier/s.
Costs for changes made by you to the prize after it has been booked must be paid by
you. Any person taking the trip that is under 18 years old at the date of departure must
be accompanied by their parent or guardian at all times. You may be required to
present your credit card when checking in to the accommodation.
10 If the value of the lunch consumed as part of the prize is less than the value specified by
the Promoter, the balance will not be provided to you and no cash or other prize will be
provided in its place. Any costs incurred over the specified value must be paid by you.
11 The Promoter accepts no responsibility if the Kmart Kids Toy Review on 08/10/17 is
abandoned, called off or postponed for any reason and you and Your Child (or Children,
if relevant) will not be given any cash or alternative tickets as a substitute for attending
the event.
General
12 If you are a winner, on 08/10/17, you and Your Child (or Children, if relevant) may be
asked to take part in publicity, photography and other promotional activity as the
Promoter or Kmart requires, without any compensation. If you agree, you consent to the
Promoter and Kmart using your and Your Child's (or Children's, if relevant) names and
images in any promotional or advertising activity.
13 Those participating in the Kmart Kids Toy Review must follow the Promoter’s
instructions including wearing any promotional items as required by the Promoter. You
must supervise Your Child (or Children, if relevant) at all times during his or her
participation in the Review. Participants must not engage in unsportsmanlike conduct or
interfere with other participants (e.g. by making any contact with or distracting another
participant or acting in any manner which the Promoter considers reckless or
inappropriate). The Promoter may disqualify any participant who fails to comply with the
Promoter’s instructions, the workshop rules or these Terms and Conditions.
14 If you or your entry are deemed by the Promoter to breach these Terms and Conditions
including if you are unable to take the prize between 07/10/17 and 08/10/17 (inclusive),
your entry may be discarded and if you were a winner, the prize may be awarded to the
person who submitted the next best valid entry that has not already been awarded a
prize. The Promoter may, at any time, require you to produce documentation to
establish to the Promoter's satisfaction the validity of your entries (including
documentation establishing your identity, age, guardianship of Your Child (or Children, if
relevant), place of residence and place of employment). Failure by the Promoter to
enforce any of its rights at any stage does not waive those rights.
15 You must not:
(a) tamper with the entry process;
(b) engage in any conduct that may jeopardise the fair and proper conduct of the
competition;
(c) act in a disruptive, annoying, threatening, abusive or harassing manner;
(d) do anything that may diminish the good name or reputation of the Promoter or
any of its related entities or of the agencies or companies associated with this
competition;
(e) breach any law; or
(f) behave in a way that is otherwise inappropriate.
16 You are responsible for Your Child (or Children, if relevant) and the Promoter may
disqualify all entries from, and prohibit further participation in this competition by, you if
he or she breaches these conditions, whether or not legally bound by them.
17 If you, in the opinion of the Promoter (and/or a medical professional, as required), are
intoxicated, under the influence of alcohol or any other drug, behave aggressively or
offensively, or behave in a manner which may diminish the good name or reputation of
the Promoter or any of its related entities or the agencies or companies associated with
this competition, is contrary to law or is otherwise inappropriate, the Promoter may
cancel the prize or restrict you and Your Child (or Children, if relevant) from participating
in any elements of the prize, at its discretion.
18 The Promoter is not liable for entries, prize claims or correspondence that are
misplaced, misdirected, delayed, lost, incomplete, illegible or incorrectly submitted.
19 The Promoter’s decision in connection with all aspects of this competition is final.
20 Prizes cannot be transferred or exchanged nor (except where cash is specified)
redeemed for cash. Without limiting any other term of these Terms and Conditions, all
prizes (and elements of prizes) must be taken as and when specified, or will be forfeited
with no replacement. The prize values are correct as at the date of preparing these
Terms and Conditions and include any applicable GST. The Promoter is not
responsible for any change in prize value. You agree that if a prize (or element of a
prize) is unavailable for any reason the Promoter may provide another item of equal or
higher value.
21 By accepting or participating in any prize, you accept these Terms and Conditions on
behalf of Your Child (or Children, if relevant).
22 If this competition cannot run as planned for any reason beyond the Promoter's control,
for example due to software, hardware or communications issues, unauthorised
intervention, tampering, fraud or technical failure or, if for any reason the Centre is not
accessible, the Promoter may end, change, suspend or cancel the competition or
disqualify affected entries/entrants. In these circumstances, the Promoter will make
reasonable efforts to endeavor to reschedule the Kmart Kids Toy Review.
23 The Promoter is not responsible for any tax implications arising from you winning a
prize. You should seek independent financial advice. If for GST purposes this
competition results in any supply being made for non-monetary consideration, you must
follow the Australian Taxation Office’s stated view that where the parties are at arm’s
length, goods and services exchanged are of equal GST inclusive market values.
Liability
24 Nothing in these Terms and Conditions restricts, excludes or modifies any consumer
rights under any statute including the Competition and Consumer Act 2010 (Cth).
25 Subject to the previous paragraph, the Promoter and the agencies and companies
associated with this competition are not liable (including in negligence) for any loss
(including indirect, special or consequential loss or loss of profits), expense, damage,
personal injury (including allergies, skin conditions or other reactions), illness or death
suffered in connection with this competition or any prize, except for any liability which
under statute cannot be excluded (in which case that liability is limited to the greatest
extent allowed by law).
26 Without limiting the previous paragraph, the Promoter and the agencies and companies
associated with this competition are not liable for any loss of, damage to or delay in
delivery of prizes or for any damage that occurs to prizes.
27 The Promoter may, and may allow Kmart to, communicate or advertise this competition
using Facebook or Instagram. The Promoter may also use your entry on, and share your
entry with Kmart for use on, their Facebook or Instagram for promotional
purposes. However, the competition is in no way sponsored, endorsed or administered
by, or associated with, Facebook or Instagram. You provide your information to the
Promoter and not to Facebook or Instagram. You completely release Facebook and
Instagram from any and all liability.
Collection and use of your personal information
28 Your entry will be the Promoter's property. The information you provide will be used by
the Promoter and/or its agencies or companies associated with this competition for the
purpose of conducting this competition and communicating with you. The Promoter may
collect your personal information (including through its contractors or agents) or disclose
your personal information to its related companies, contractors and agents to assist in
conducting this competition, storing data or communicating with you. By entering this
competition, you consent to the storage of your personal information on the Promoter’s
database and on the Website and the Promoter may use this information for future
competition and marketing purposes regarding its products, including contacting you via
electronic messaging. The Promoter is bound by the Privacy Principles in the Privacy
Act 1988 (Cth). The Promoter’s Privacy Policy, located at
http://www.vicinity.com.au/privacy-policy contains information about how you can seek
access to the personal information the Promoter holds about you and seek the
correction of such information.
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