Terms & Conditions

 

FISHER-PRICE “BEST POSSIBLE START” PROMOTION

 

TERMS AND CONDITIONS

 

  1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

 

  1. The promoter is Mattel Pty Ltd (ABN 60 000 660 962) of 658 Church Street, Richmond, VIC 3121, telephone 1300 135 312 (“Promoter”).

 

  1. The Fisher-Price “Best Possible Start” Promotion (“Promotion”) commences on 05/02/2018 and final entries close at 11:59pm AEST on 23/04/2018 (“Promotional Period”).

 

Eligibility

 

  1. Entry is only open to Australian residents aged 18 years or over who are parents or guardians of children aged under 18 years who are also Australian residents (“Eligible Entrant”).

 

  1. This Promotion is not open to employees (and their immediate families), representatives or agents (and those with whom such persons are domiciled, whether related or not) of Mattel Australia, their parent companies, subsidiaries, affiliates, prize suppliers, advertising/promotion agencies and the promotion judges. 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

 

  1. Entry into the Promotion is free. To be eligible to enter, Eligible Entrants must undertake the following steps, during the Promotional Period:

 

  • Visit bestpossiblestartpromo.com.au (“Promotional Website”) and follow the prompts to the competition entry page;
  • Input the requested details including their full name, name of the child, relationship to the child and the child’s date of birth;
  • Select a Fisher-Price toy or baby gear product from the list of Fisher-Price toys/products provided on the Promotional Website and then in the field provided, “rename” the selected Fisher-Price toy and then, in 25 words or less, describe the benefit of the selected toy/babygear product to themselves and their child.
  • Provide an email address (and confirm that email address when prompted) as well as their contact telephone number and their State/Territory of residence including their Postcode;
  • Eligible Entrants will then be given the opportunity to ‘Opt In’ to receive future communications from the Promoter regarding Fisher-Price products and services. This is an optional ‘Opt In’ box and is not mandatory.
  • Eligible Entrants will then be asked to check a box consenting to the Promoter publishing and/or displaying their entry (including the new name they provide) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media (including social media channels) in accordance with clause 27 below. Entries may be published with or without the Eligible Entrant’s name or with an alternative name for the Eligible Entrant, for privacy reasons, at the Promoter’s discretion. This is an optional ‘Opt In’ box and is not mandatory, however, if an individual is chosen as a winner, they will be required to agree to the use of their Entry, as specified in clause 16; and
  • Submit the fully completed online entry form (a “Valid Entry”).

 

  1. Eligible Entrants must provide all information requested to be eligible to win. A Valid Entry is not complete until an Eligible Entrant has provided all of the information requested. No other method of entry will be accepted. Entries are deemed to be received at the time they are received by the Promoter’s database and not at the time of submission by the Eligible Entrant.

 

  1. A Prize will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion, acting reasonably. The Promoter reserves the right, at any time, to verify the validity of entries and Eligible Entrants (including an Eligible Entrant’s identity, age and place of residence) 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, 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.

 

  1. Any entry that contains content that the Promoter, in its sole discretion, considers to be offensive or inappropriate in any way or that the Promoter considers, in its sole discretion, to infringe any intellectual property rights or other rights of any person, corporation or entity, will be considered ineligible. The decision to accept or reject an entry is at the Promoter’s sole discretion and no correspondence will be entered into.

 

  1. Eligible Entrants who provide incorrect, misleading or fraudulent personal information are ineligible to participate in the Promotion. The Promoter reserves the right to request each Eligible Entrant to produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the Eligible Entrant’s or their child’s identity, age, residential address, eligibility to enter and claim a prize, and any information submitted by that Eligible Entrant in entering the Promotion, before issuing a prize. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an Eligible Entrant or entry has not been verified or validated to the Promoter’s satisfaction, then Eligible Entrant’s entry will be ineligible and deemed invalid.

 

  1. Valid Entries received will be considered final by the Promoter. Incomplete or indecipherable entries will be deemed invalid.

 

  1. Only one (1) Valid Entry is permitted per person. The use of any automated entry software or any mechanical, electronic or other means that allows an Eligible Entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that Eligible Entrant invalid.

 

  1. If there is a dispute as to the identity of an Eligible Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Eligible Entrant.

 

Prize winner selection process (judging):

 

  1. The judging will take place at Night & Day, 8 Simpson Street, Moorabbin VIC 3189 commencing on 07/05/2018. The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant. The winners will be notified by Where a winner is unable to be contacted, the Promoter reserves the right, in its sole and absolute discretion, to select an alternate Valid Entry in accordance with these Terms and Conditions to be the winner of the prize (in which case the foregoing provisions of this section shall apply to such new eligible winner).

 

  1. This is a game of skill and chance plays no part in determining the winners. Each Valid Entry will be individually judged based on literary and creative merit of the answers provided to both promotional questions outlining the benefit of the selected toy to the child and the parent/guardian.

 

  1. The Promoter’s decision is final and no correspondence will be entered into.

 

Prize details:

 

  1. The best three (3) Valid Entries, as determined by the judges, will each win a trip for two (2) adults and two (2) children (12 years or under) to Noosa, QLD valued at up to $6,335 depending on date and point of departure. Prize includes:

 

  • Return economy airfares for two (2) adults and two (2) children (12 years or under) from winner’s nearest capital city to Maroochydore, QLD. Flights are only provided if winner resides outside of QLD and where it is appropriate for flights to be provided. If the winner is from QLD, or within a distance in which it is not appropriate for flights to be provided (as determined by the Promoter in its absolute discretion), then the prize does not include airfares and the airfare component of the prize is not redeemable for cash;
  • Five (5) nights accommodation at the RACV Noosa Resort in a 2 Bedroom Resort Apartment; and
  • Return airport to hotel transfers (“Prize”).

 

Spending money, meals, insurance, transport to and from departure point, additional transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. Prize must be taken by 30/11/2018 and is subject to booking and flight availability. Prize cannot be taken during September or December 2018. During the entire duration of the Prize, a nominated parent/guardian must accompany any person under 18 years of age. Winners (and their companions) must depart from and return to the same departure point and travel together. Frequent flyer points will not form part of the Prize. Prize is subject to the standard terms and conditions of individual Prize and service providers. Winners may be required to present their credit card at time of accommodation check in.

 

  1. If for any reason a winner does not take a 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.

 

  1. If any Prize (or part of any Prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the Prize (or that part of the Prize) with a prize to the equal value and/or specification.

 

  1. Total Prize pool value is up to $19,005. Prizes, or any unused portion of a Prize, are not transferable or exchangeable and cannot be taken as cash.

 

  1. As a conditions of accepting a Prize, each winner consents to the Promoter using their Valid Entry and their and their child’s name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter. Specifically, each winner acknowledges and agrees that the Promoter may, in its absolute discretion, reproduce and/or publish their Valid Entry and/or image/s of the winner and/or their child on selected Fisher-Price product sleeves (as determined by the Promoter), which will then be made available for sale to the general public, without remuneration (with the exception of the prize) and in the markets and for a period determined by the Promoter in its absolute discretion. Each winner agrees to participate (and to procure their child to participate) in a photo-shoot organised by the Promoter, if their participation is requested by the Promoter.

 

  1. For the avoidance of doubt, the new name the Eligible Entrant specifies for a product may, at the Promoter’s sole discretion, be featured on a limited run of the relevant products (either as a new name or an additional name/tag line for the product on a sleeve), if the entrant is selected as a winner and it may also be published on social media and other platforms, as determined by the Promoter.

 

  1. If for any reason this Promotion is not capable of running as planned for any reason beyond the reasonable control of the Promoter including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion and/or if necessary to provide an alternative prize or prizes to the same value as the original Prize.

 

  1. The Promoter (including its respective officers and employees) and its associated agencies and companies are not responsible for any problems, delays or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a network or a mobile network or any combination thereof, or any other technical failures including any damage to an Eligible Entrant’s or any other person’s mobile handset, computer or peripherals related to, or resulting from, participation in this Promotion or the downloading of any materials related to this Promotion.

 

  1. The Promoter (including its respective officers, employees and agents) will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this Promotion if the deficiency is occasioned by any cause outside the reasonable control of the Promoter including but without limitation technical malfunctions or failures.

 

  1. Eligible Entrants agree that they are fully responsible for any materials they submit via the Promotion including but not limited to the Valid Entry, comments, recordings and images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Eligible Entrants warrant and agree that:

 

  • they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
  • their Content shall not contain viruses or cause injury or harm to any person or entity;
  • they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
  • the Content is the original work of the Eligible Entrant that does not infringe the rights of any third party;
  • they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
  • they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.

 

Without limiting any other terms herein, the Eligible Entrant agrees to indemnify the Promoter for any breach of the above terms.

 

 

  1. By Opting In at the time of submitting a Valid Entry or if they are a winner of a Prize, the Eligible Entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their Content (which shall include the Valid Entry) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media (including social media), without compensation, restriction on use, attribution or liability.

 

  1. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any Eligible Entrant; or (b) to modify, suspend, terminate or cancel the Promotion, as appropriate.

 

  1. Any cost associated with accessing the Promotional Website is the Eligible Entrant’s responsibility and is dependent on the Internet service provider used.

  1. 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 (Cth), as well as any other implied warranties under the ASIC Act (Cth) 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.

 

  1. 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 Valid 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 Eligible Entrant; or (f) use/taking of a prize.

 

  1. As a condition of accepting a prize, the winner (and his/her companion/s) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.

 

Privacy:

 

  1. The Promoter and its related entities are collecting your personal information for the purposes of conducting, promoting and administering the Promotion. All entries become the property of the Promoter. The following paragraphs 34 to 41 set out how the Promoter may use and disclose personal information of Eligible Entrants. If you do not provide the requested personal information, you cannot enter.

 

  1. The Promoter may use your personal information to:
  • administer your participation in the Promotion, including to notify you if you are a winner;
  • process any communications you send to it (for example, responding to your queries, and dealing with any complaints or feedback you have);
  • identify you and protect you from unauthorised access to your personal information; or
  • get in touch with you in relation to the Promotion.
  1. The Promoter will not, unless consent is obtained, use or disclose your personal information to:
  • send you information about its (or its business partners)’ products, promotions or competitions; or
  • conduct marketing and research directly with you.
  1. The Promoter may disclose your personal information for purposes other than those referred to in paragraph 35 above:
  • to other related entities, including overseas entities – in connection with the purposes stated in clause 35 of this section;
  • to any agencies, contractors, professional advisers and other service providers it engages to carry out its activities (including call centres, advertising agencies and direct mail houses);
  • in any advertisements, publications, media statements and other promotional material it produces in relation to the Promotion. For the purposes of public media statements and advertisements, the Promoter will only publish the winner’s first initial, surname and state;
  • to any entity to which it is authorised or required by law to disclose your personal information; and
  • to any specific parties it has advised you of at the time it collects your personal information
  1. By entering the Promotion, you consent to the Promoter and its related entities using and disclosing your personal information in the way described above.

 

  1. The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1988. Subject to certain exemptions, you can obtain access to, change, and/or update personal information you have provided to the Promoter by contacting infoaust@mattel.com.

 

  1. By entering into the Promotion you agree that personal information provided by you may be disclosed by the Promoter to other organisations outside Australia, including in the United States of America.

 

  1. Please refer to our Privacy Policy for further information on how we manage your personal information.  A copy of the Promoter’s Privacy Policy may be obtained by contacting the Promoter on 1300 135 312 during office hours.The Privacy Policy also contains information about how you may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with.

 

  1. By entering the Promotion, you are taken to have read and understood clauses 34 to 40 and our Privacy Policy and consent to your personal information being collected, used and disclosed as described in the Privacy Policy.