Hot Wheels Prize Pack Promotion

  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.
  2. The promoter is Mattel Pty Limited (ABN: 60 000 660 962), Building 1, Level 4, 658 Church Street, Richmond VIC 3121, telephone (03) 9425 5241 (“Promoter”).

    Eligibility

  3. Entry is only open to Australian residents.
  4. Entrants under the age of 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this Promotion.
  5. Employees (and their immediate families) of the Promoter, participating retailers and agencies associated with this promotion are ineligible 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 1st cousin.
  6. Promotion commences at 9:00am AEDST on 01/03/2016 and ends at 11:59pm AEST on 21/05/2016 (“Promotional Period”). There will be two (2) draws conducted for this promotion, with a different footy pack awarded in each: (1) AFL Prize Draw; and (2) NRL Prize Draw (each a “Draw”).

    Entry

  7. To enter a Draw, individuals must complete the following steps during the Promotional Period:
    1. purchase any Hot Wheels Car diecast vehicle product (“Participating Product“) from a participating retailer in Australia (“Qualifying Purchase”). For the purposes of this Promotion, a participating retailer will be any retailer selling Participating Product(s) during the Promotional Period; and then
    2. visit the promotional website at www.hotwheels.com.au/competitions and complete the online entry form as required by correctly completing the requested details (including their full name, a valid email address, postcode, phone number, the Participating Product purchased, store of purchase, date of purchase and full purchase receipt number), select whether they would like to be entered into the AFL Prize Draw or NRL Prize Draw, and click submit. All entries must be received by the Promoter during the Promotional Period to be eligible.
  8. 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 entrant. The Promoter does not accept responsibility and is not liable for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence due to error, omission, tampering, deletion, theft, communications failure or otherwise. The Promoter has no control over communications networks and is not liable for any problems associated with them due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred.
  9. Incomplete or indecipherable entries will be deemed invalid.
  10. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per Qualifying Purchase (i.e. per Participating Product purchased at a participating retailer during the Promotional Period); and (b) each entry must be submitted separately and in accordance with entry requirements.
  11. Entrants must retain a copy of their purchase receipt(s) for all entries as proof of purchase. Failure to produce the proof of purchase for all entries when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an entrant’s entries and forfeiture of any right to a prize. Purchase receipt(s) must clearly specify the store of purchase, that a Participating Product was purchased, and that the purchase was made during the Promotional Period but prior to entry.
  12. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age, 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.
  13. 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.

    Winner selection

  14. The Draws will take place at Anisimoff Legal, Level 5, 492 St Kilda Road, Melbourne, VIC 3004 at 11:00am AEST on 26/05/2016. The Promoter may draw additional reserve entries in each Draw and record them in order in case an invalid entry or ineligible entrant is drawn.
  15. The winners will be notified by email and telephone within two (2) business days of the Draws and their names will be published online at www.hotwheels.com.au/competitions from 30/05/2016.
  16. The first two hundred and fifty (250) valid entries drawn in the AFL Prize Draw will each win an AFL Footy Pack, valued at $49.50. The AFL Footy Pack includes;
    1 x Footy Bag $18.00
    1 x Drink Bottle $3.50
    1 x Towel $12.00
    1 x Wrist Band $2.00
    1 x Cap $5.00
    1 x Mini Sherrin $9.00
  17. The first two hundred and fifty (250) valid entries drawn in the NRL Prize Draw will each win an NRL Footy Pack, valued at $52.40. The NRL Footy Pack includes;
    1 x Footy Bag $18.00
    1 x Drink Bottle $3.50
    1 x Towel $12.00
    1 x Wrist Band $2.00
    1 x Cap $5.00
    1 x Mini Sherrin $11.90
  18. The Promoter’s decision is final and no correspondence will be entered into.
  19. If a winner is under the age of 18 years, the prize will be awarded to the winner’s nominated parent or guardian on the winner’s behalf.
  20. If for any reason a winner does not take/redeem a prize by the time stipulated by the Promoter, then the prize will be forfeited.
  21. If any prize is unavailable for any reason beyond the reasonable control of the Promoter, the Promoter, in its discretion and subject to State/Territory permit approval, reserves the right to substitute the prize with a prize to the equal value and/or specification.
  22. Total prize pool value is $25,475.
  23. The prize values are based upon the recommended retail price at the time of printing (inclusive of GST). The Promoter accepts no responsibility for change in prize values between now and the ultimate prize redemption date. The Promoter is not liable for any prize that may be lost or damaged in transit.
  24. Prizes, or any unused portion of the prize, are not transferable or exchangeable and cannot be taken as cash.
  25. If any prize from any Draw remains unclaimed by 10:00am AEST on 26/08/2016, an unclaimed prize draw will take place at 11:00am AEST on 26/08/2016 at the same place as the original draw, subject to any directions from a regulatory authority. Any winner(s) will be notified by email and telephone within two (2) business days of the unclaimed prize draw and their names will be published online at www.hotwheels.com.au/competitions from 30/08/2016.
  26. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
  27. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.

    Privacy

  28. The Promoter and its related entities is 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 28 – 33 set out how the Promoter may use and disclose personal information of entrants.
  29. 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.
  30. 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.
  31. The Promoter may disclose your personal information for purposes other than those referred to in paragraph 30 above:
    • to other related entities, including overseas entities – in connection with the purposes stated in clause 29;
    • 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

    By entering the Promotion, you consent to the Promoter and its related entities using and disclosing your personal information in the way described above.

  32. The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1988 (Australia). 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.
  33. 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.
  34. By entering the Promotion, you are taken to have read and understood clauses 28 through 33 and our Privacy Policy and consent to your personal information being collected, used and disclosed as described in the Privacy Policy and clauses 28 through 33 of these Terms and Conditions.

    General Terms and Conditions

  35. If an entrant is a prize winner:
    1. they grant the Promoter and associated companies and agents the right to use (and to license others to use) their entry, their name, likeness, image and/or voice (including photograph, film and/or recording of the same) to promote and advertise in any media all or any of this Promotion (including any outcome), or the Promoter or any products manufactured, distributed and/or supplied by the Promoter, without any royalty, payment or other compensation to them.
    2. They may at any time notify the Promoter that they do not wish for the Promoter and others (who are licensed to do so) to use their name, likeness, image, voice or entry as described above by notifying the Promoter in writing on infoaust@Mattel.com or calling 1300 135 312 during office hours.
    3. The Promoter agrees not to use their name, likeness, image, voice or entry in connection with any commercial tie-ups, merchandising or for the direct or indirect endorsement of any product or services other than for the commercial and/or other sponsorship of the Promotion or the Promoter.
  36. 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 entrant; or (b) subject to any directions from a regulatory authority, to modify, suspend, terminate or cancel the Promotion, as appropriate.
  37. 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 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. Limitation of liability
  38. 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) taking/use of a prize.
  39. As a condition of accepting a prize, winners may be required to 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. In the event a winner is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf.
  40. The parent or legal guardian of the entrant who agrees to these Terms and Conditions:
    1. warrants that the entrant has complied and will comply with these Terms and Conditions; and
    2. will be jointly and severally liable with the entrant for, and indemnify the Promoter against any loss arising out of, relating to or in connection with, any breach of these Terms and Conditions by the parent or guardian or the entrant including the warranties in clause 37.

    Facebook

  41. Entrants acknowledge that all content posted on Facebook must be in accordance with Facebook terms (http://www.facebook.com/terms.php).
  42. The Promoter may communicate or advertise the Promotion using Facebook.
  43. The Promotion, however, is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants are providing their information to the Promoter and not to Facebook. Each entrant completely releases Facebook from any and all liability, arising from this Promotion
  44. By participating, entrants release Facebook, the Promoter, and agencies acting on the Promoter’s behalf from any and all claims, damages or liabilities arising from or relating to such entrant’s participation in the Promotion.

    Severability

  45. If at any time a provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that will not affect or impair:
    1. the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions; or
    2. the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of these Terms and Conditions.

    Governing Law

  46. The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.
    Authorised under permit numbers: NSW LTPS/16/00241, ACT TP 16/00074, SA T16/50.