the State of Victoria, Australia’
. Subject to your rights under Consumer Laws referred to below, you agree that in relation to the Promotion (a) we will not be liable for any circumstances in connection with the Promotion which are beyond our reasonable control; (b) if we are or become liable to you for any reason, our liability will be limited to any out-of-pocket expenses incurred by you up to a maximum of the total prize value referred to above, (c) we will not be liable for any other damages (whether those other damages are referred to as direct, indirect, consequential, special or otherwise) nor shall we be liable for any act or omission, negligent or otherwise, except to the extent allowed for in paragraph (b); (d) if any circumstances in connection with the Promotion occur which require some action by us, we may take such action as a reasonable promoter in our circumstances would take by way of response. In some circumstances, this may involve cancelling the Promotion and any award of prizes under it; and (e) we are bound only by the terms set out or referred to in these Official Rules in respect of the Promotion and only those terms govern this Promotion and set out our agreement. Your rights under Consumer Law and who you give your commitments to Regardless of anything else in these Official Rules, nothing in these Official Rules excludes, restricts or modifies the application of Consumer Laws or the exercise of any rights or remedies you may have under Consumer Laws where any such exclusion, restriction or modification would contravene Consumer Laws. “Consumer Laws” refers to the Australian Consumer Law under Schedule 2 of the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law and Fair Trading Act 2012 (Vic) and any applicable similar consumer protection laws in the states and territories of Australia. In respect of your promises under these Official Rules, we, in entering into the terms of these Official Rules shall be deemed to be doing so for ourselves and also as agent for and on behalf of and for the benefit of each of Our Associates and, to this extent, each of Our Associates shall be deemed to be a party to the terms of these Official Rules and your promises under these Official Rules are enforceable by each of ourselves and each of Our Associates directly. In these Official rules, ‘Our Associates’ includes (with each corporation individually described as a Principal) any or all of: a director, officer, employee, agent or subcontractor of us; Feld Entertainment (Australia) Pty Ltd ABN 49 083 865 409 the Walt Disney Company; Buena Vista Theatrical Group Limited; Ringling Bros Barnum and Bailey Combined Shows Inc; any related body corporate of the Principal within the meaning of, in Australia, the Corporations Act 2001 or in New Zealand, the Companies Act 2003; a body corporate that is engaged in a joint venture with us or with a Principal; if we transfer to, or licence, anyone to undertake any of our obligations under the terms of these Official Rules, any transferee or licensee respectively, (with each of the above individually described as a Principal); and any director, officer, employee, agent or subcontractor of a Principal or of any the entities in paragraphs (b) to (h) inclusive Complaints: If you are dissatisfied with the conduct of the promotion and remain so after any contact with us you choose you can make a written complaint to the government agency which regulates trade promotions in your location. We will provide you with agency details on request. Our details: We are the promoter. Our details are Brand Smart Shopping Centre Pty Ltd – email – ask@brandsmart.com.au Where the promoter is Feld Entertainment (Australia) Pty Ltd ABN 49 083 865 409 insert “Feld Entertainment (Australia) Pty Ltd ABN 49 083 865 409 of 15s/349-355 Bluff Road, Hampton, Victoria 3199 telephone 03 9699 9322. Without limiting the other provisions of these Official rules, our rights under the terms of these Official Rules may be exercised by us and by our transferees, licensees and group members and by the contractors of any of the foregoing. Our group companies include Brand Smart Shopping Centre Pty Ltd. Where the promoter is Feld Entertainment (Australia) Pty Ltd ABN 49 083 865 409 insert “Feld Entertainment, Inc and any of its subsidiaries”. The promotion is not associated with or approved by The Walt Disney Company. Read more at http://brandsmart.com.au/disneyonicecompetition/#uxI0c4MDFeBgrwBF.99
