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.
