WHO CAN ENTER?
3. Entry is only open to Australian residents. Entrants under 18 years of age must have a parent’s or guardian’s consent to enter, and such parent or guardian must sign such documentation as provided by the Promoter to confirm such consent upon request. 4. Employees and immediate families of the Promoter and their related entities and associated agencies are not eligible 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. HOW TO ENTER 5. Promotion commences at 12.01am AEST on 01/01/2021 and closes at 11.59pm AEST on 31/01/2021 (“Promotional Period”). 6. To enter, entrants must undertake the following during the Promotional Period: (a) Purchase any three participating UHU Super Mario products in one transaction as set out below at Big W: • UHU Super Mario Glue Stic 40g • UHU Super Mario Blue Stic 40g • UHU Super Mario 4x40g Glue Stic Multi-pack • UHU Super Mario 4x40g Blue Stic Multi-pack • UHU Super Mario 3x21g Multi-pack • UHU Super Mario 6x21g Multi-pack (b) Visit the promotional website supermarioau.uhu.com (“the Website”); (c) Complete the mandatory fields – name, contact number, email address, Big W receipt number, products purchased and date. 7. The Promoter’s decision is final and no correspondence will be entered into. 8. Limit one (1) entry per person per receipt. Entrants must retain their original receipt(s) and provide them on request by the Promoter. 2 9. The Promoter reserves the right, at any time, to verify the validity of entries and entrants and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, provided false information, tampered with the entry process, or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. 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. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved. Incomplete or indecipherable entries will be deemed invalid. 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 11B Gibbon Road, Winston Hills NSW 2153 at 12 pm on 15/02/2021. 12. The first 50 valid entries drawn will win a Nintendo Switch valued at RRP $469 each. 13. The winners will be contacted by email within 2 NSW business days and published on the Website for 28 days from 23/02/2021. 14. The draw for any unclaimed prizes will take place on 18/05/2021 at the same place and time and time as the original draw, subject to any directions from a regulatory authority. Winners, if any, will be notified by email and published on the Website on 19/05/2021. 15. To the fullest extent permitted by law, the Promoter shall not be responsible for and cannot be held liable for any element of the prize which is delayed or lost in transit or any other occurrence that is out of the reasonable control of the Promoter. 16. If any prize is unavailable due to any reason beyond the reasonable control of the Promoter, then the Promoter may replace the prize with a prize of equivalent value and specification, subject to any directions from a regulatory authority. 17. The total prize pool value is $23,450. GENERAL 18. If, for any reason, a winner does not take the 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 and cash will not be awarded in lieu. 19. Any cost associated with entering the promotion, or any promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an 3 entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid. 20. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the promotion on the dates and in the manner described in these Terms and Conditions, including but not limited to technical or telecommunications problems (including security or data breaches), fraud, vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion modify, cancel, terminate or suspend the promotion, and/or recommence it from the start on the same Terms and Conditions, subject to any directions from a regulatory authority. 21. The Promoter and its associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of entries, and reserves the right to take any action that may be available. 22. 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. 23. 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) acceptance or use of the prize. 24. It is a condition of taking the prize that the winner may need to sign a legal release and indemnity in a form determined by the Promoter. 25. Entry details are collected by and remain the property of the Promoter and its related entities for the purpose of conducting and promoting this promotion, including for the purpose of identifying and notifying winners and understanding our audiences. The Promoter 4 will handle your personal information in accordance with its Privacy Policy which is available at http://www.fabercastell.com.au/legal/data-privacy (and which contains information regarding how you can access your personal information, correct it and/or make a complaint about our handling of your personal information). By providing your personal information, you agree to the terms of our Privacy Policy. Without limiting the foregoing, the Promoter may disclose the entrant’s personal information to its related entities, business partners and external service providers for the purpose of processing and conducting the promotion, for promotional purposes surrounding the promotion, research and profiling purposes, and for other purposes reasonably related to the entrant’s relationship with the Promoter. In addition, by entering this promotion, you consent to the Promoter using your personal information for the purpose of the Promoter’s and its related entities sending you information regarding programs, products and services available through them and/or through their business partners, and to the Promoter sharing your personal information with its related entities for the purpose of those entities sending you such information directly. The Promoter will always provide you with the ability to opt out of those communications.
