Terms & Conditions

“FISHER-PRICE TOP TOY TESTER” PROMOTION

TERMS AND CONDITIONS

 

 

INFORMATION ON HOW TO ENTER AND PRIZES FORM PART OF THESE TERMS AND CONDITIONS. BY ENTERING THIS PROMOTION, YOU ARE DEEMED TO HAVE ACCEPTED THESE TERMS AND CONDITIONS.

 

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

 

PROMOTIONAL PERIOD: “FISHER-PRICE TOP TOY TESTER PROMOTION” (the “Promotion“) begins on 1 March 2017 at 12:00:00 p.m. AEST and ends on 14 May 2017 at 11:59:00pm AEST (the “Promotional Period“).

 

ELIGIBILITY: The Promotion is only open to Australian and New Zealand residents aged 18 years or older who are parents or guardians of children aged 18 years or younger who are also Australian residents. Parents/guardians 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 and participating in any further activities associated with this Promotion.
(collectively, the “Eligible Entrants“).

 

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 (collectively, the “Promotion Parties”). 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

 

  • Entry into the Promotion is free.
  • To enter, Eligible Entrants must, during the Promotional Period:
    • Visit fptoptoytester.com and follow the prompts to the promotion entry page;
    • Upload a photo of your child (who must be under the age of 5 years old) in their selected outfit as top toy tester for Fisher-Price. Photographs must be in jpeg, gif or png format and less than 5MB in size;
    • Answer the following promotional question in 25 words or less “Why should you be the top toy tester for Fisher Price?“;
    • Input the requested details (including full name and a valid email address), agree to the terms and conditions by ticking the relevant tick box, and submit.

(Valid Entry)

  1. Eligible Entrants agree to indemnify the Promoter against any loss arising out of, relating to, or in connection with, any breach of these terms and conditions by the Eligible Entrant’s child, including any warranties given pursuant to these terms and conditions.

 

 

  1. Each Eligible Entrant is limited to one (1) Valid Entry per child during the Promotional Period. 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 entrant. 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.
  2. 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 and deemed invalid. The decision to accept or reject an entry is at the Promoter’s sole discretion and no correspondence will be entered into.
  3. Eligible Entrants can enter in their own name and each child’s name only once. 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 all the entries by that Eligible Entrant will be ineligible and deemed invalid.
  4. 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. As a condition of entering this promotion, an Eligible Entrant consents to the Promoter using any material the Eligible Entrant submits in relation to this Promotion, including the Eligible Entrant’s or their child’s name, likeness, image, voice (including photograph, film and/or recording of the same), and/or entry in any media for an unlimited period of time and worldwide without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the Promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter and their associated or affiliated companies. The Eligible Entrant agrees that, in the event they are a Winner, the Eligible Entrant will participate in all reasonable promoted activities in relation to the Promotion as requested by the Promoter and its agents.
  2. By submitting an entry, each entrant:

 

  • assigns to the Promoter all copyright subsisting in that entry at the time the entry is submitted;
  • assigns to the Promoter, from the time of creation, all copyright subsisting in all materials, including any photographs or videos, created while attending the Fisher-Price Play Lab as referred to in clause 20 above, whether on a device supplied by the Promoter or otherwise; and
  • waives any right or claim they have at present, or would have in the future, to any fee, royalty or other benefit to which they might have otherwise been entitled in relation to any of the materials that might be the subject of copyright that are assigned to the Promoter in clauses 1(a) and 1(a)above;
  • warrants that they have full authority to grant such rights.

 

THE PRIZES AND APPROXIMATE RETAIL VALUES

 

  1. Eligible Entrants will be in the running to win a weekly prize to the value of up to AUD $30 (Weekly Prize). Eligible Entrants will also be in the running to win the following for 2 adults and 2 children (12 years of age or younger): economy-class flights, 3 nights accommodation in a 4 star hotel in Buffalo NY and 1 night accommodation in a 3 star hotel in New York City, economy-class flight from Buffalo to New York City and airport transfers in New York (Major Prize). The airline, accommodation and limited transfers will be selected at the discretion of the Promoter.

 

  1. The total maximum retail value of the prize pool is AUD $14,294. Insurance, spending money, meals, taxes (excluding airline and airport taxes), passports, visas, vaccinations, transport to and from departure point, additional transfers, items of a personal nature, in-room charges and all other ancillary costs are not included.
  2. Prizes are not transferable or exchangeable and cannot be taken as cash. Each Prize must be taken as offered and cannot be varied by the Promoter however the Major Prize Winner is free to extend stay at his/her own cost . If for any reason a Winner is unable to accept the Prize as stated, the Winner will forfeit the Prize and no compensation will be given in lieu. If the Prize, or any part of a Prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the Prize or part of the Prize with a prize to the equal value and/or specification. The Promoter accepts no responsibility for any tax implications that may arise from the Prize. Values are accurate as of 1st March 2017 and the Promoter is not responsible for any variation in values. Independent financial advice should be sought. Prize values are in Australian dollars and recommended retail price includes GST where applicable.
  3. The Major Prize must be taken by the Winner between 12 June 2017 and 31 July 2017 unless otherwise agreed by the Promoter and is subject to booking and flight availability. During the entire duration of the Major Prize, a nominated parent/guardian must accompany any person under 18 years of age. The Winner and his/her companions are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation. The Promoter reserves the right to select another Winner in accordance with clause 19 if the Major Price Winner and his/her companions are unable to arrange valid passports, and any requisite visas, vaccinations and travel documentation before 31 July 2017. The Winner and his/her companions must depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the Major Prize. Major Prize is subject to the standard terms and conditions of individual prize and service providers. The Winner may be required to present their personal credit card at time of accommodation check in.

 

  1. Eleven (11) Weekly Prizes and one (1) Major Prize will be awarded during the Promotional Period and the Promoter retains the absolute discretion to decide which Prizes are to be awarded.
  2. Prizes are subject to availability. If a Prize becomes unavailable, for any reason beyond the Promoter’s reasonable control, then a comparable prize of equal or greater value and/or specification will be awarded in lieu.

 

PRIZE WINNER SELECTION PROCESS (JUDGING)

  1. There will be 11 Valid Entries chosen as Weekly Prize Winners and one Eligible Entrant, following shortlisting as a Finalist will be chosen as the Major Prize Winner (collectively, Winners), and each Winner will receive a Prize.
  2. Each Valid Entry will be individually judged based on the originality, relevance and creative merit of the answer provided to the promotional question. This Promotion is a game of skill and chance plays no part in the selection of the winners.

 

  1. The Promoter’s and/or the Promotion Judges’ decisions are final and no correspondence will be entered into.

 

Weekly Prizes

 

  1. Judging for the Weekly Prize will take place each week at 10am on each Wednesday from 8 March 2017 to 31 May 2016 at Night and Day Offices, 8 Simpson Street, Moorabbin, Victoria, Australia, 3189.

 

  1. The judges may select additional reserve entries which they determine to be the next best, and record them in order of merit, in case of an invalid entry or ineligible entrant. Weekly Prize Winners will be notified by email. The Promoter or its designated representative will attempt to contact the Major Prize Winner within two (2) business days of their selection.

 

  1. The Weekly Prizes will be dispatched to the Winners by mail. Winners should allow approximately 28 days to receive their PrizeThe Promoter, any fulfilment company and its associated agencies and companies will not be liable for any damage in transit to, or delay in transit of, any prize.

 

Major Prize

 

  1. Judging for the Major Prize will take place at Night and Day Offices 8 Simpson Street, Moorabbin, Victoria, Australia, 3189 on 23 May 2017 at 11.00 AM AEST (Selection Date) by the Promoter or its nominated representative. The judges may select additional reserve entries which they determine to be the next best, and record them in order of merit, in case of an invalid entry or ineligible entrant. Prizes will be awarded to the winning Eligible Entrants, being the child’s parent or legal guardian, and will be held by the parent or legal guardian on behalf of and/or for the benefit of this child.

 

  1. The Major Prize Winner and his/her companions will be invited to attend the Fisher-Price Play Lab located in Buffalo, New York, United States of America during the period of travel to the United States of America that forms part of the Major Prize. Further, the Major Prize Winner will have the opportunity to generate 8 short videos and photos of their child using a mobile phone supplied by the Promoter during the visit to the Fisher Price Play Lab. The Major Prize Winner is required to return the mobile phone to the Promoter in accordance with reasonable instructions issued at the time of leaving the Fisher Price Play Lab located at East Aurora, New York State. The Major Prize winner will not receive any material benefit or payment if the Promoter subsequently uses the short videos for promotional purposes.

 

  1. The Major Prize Winner will be notified by email or via the Promoter’s Facebook page at https://www.facebook.com/fisherpriceaunz/?brand_redir=151123671569759 or via the microsite at fptoptoytester.com . The Promoter or its designated representative will attempt to contact the Major Prize Winner within two (2) business days of their selection.

 

  1. If any prize remains unclaimed by 25 May 2017, an unclaimed prize draw will take place at 11am AEST on 30 May 2017 at the same place as the original draw, subject to any directions from a regulatory authority. Winners, if any, 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 https://www.facebook.com/fisherpriceaunz/?brand_redir=151123671569759 from 31 May 2017 or via the microsite at www.fptoptoytester.com.

 

GENERAL TERMS AND CONDITIONS

  1. It is a condition of accepting a Prize that the Winner and all persons participating in the prize will, at the Promoter’s request, sign a legal release on behalf of any participating children in a form determined by the Promoter in its absolute discretion.
  2. A Prize will only be awarded following any Winner validation and verification that the Promoter requires in its sole discretion.

 

  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.
  2. The Promoter reserves the right to verify the validity of any and all entries and reserves the right to disqualify any Eligible Entrant for:
    • tampering with the entry process;
    • submitting an entry which is not in accordance with these terms and conditions; or
    • if the Eligible Entrant is engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion.

The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

  1. The Promoter will grant to the Major Prize Winner a non-exclusive, royalty free, revokable licence to use the copyright assigned in paragraph 1(a) for personal non-commercial purposes, provided any such use does not harm or is prejudicial to the Promoter’s reputation. This right cannot be assigned or sub-licenced without the express written consent of Mattel. Mattel may terminate this licence at any time by written notice to the Major Prize Winner.

 

  1. The Promoter may remove any content that does not comply with these terms and conditions.  Entrants warrant and agree that:
    • they will not submit, produce, share or distribute 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 18 or otherwise unsuitable for publication;
    • their content does not contain viruses or cause injury or harm to any person or entity; and
    • they comply with all applicable laws and regulations, including without limitation, those governing copyright and designs, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.
  2. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of these terms and conditions.
  3. 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 2011 (Cth) or the Consumer Guarantees Act 1993 (NZ), as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia or New Zealand (“Non-Excludable Guarantees”).
  4. 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 the Promotion, including but not limited to:

 

  • any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
  • any theft, unauthorised access or third party interference;
  • 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;
  • any variation in Prize value to that stated in these terms and conditions;
  • any tax liability incurred by a Winner or Eligible Entrant;
  • use of or taking of a Prize; or
  • participation in the Promotion.

 

CONFIDENTIALITY

  1. The Winners acknowledge that in participating in the this competition and redeeming his/her Prize, the price winner may have access to information of substantial value to the Promoter and which is confidential to the Promoter (Confidential Information). Confidential Information includes written technical data, details of products that are not public knowledge, prototypes of new products, business methods, techniques, products and services required or preferred by customers, and other business information relating to the Promoter’s business.

 

  1. The Winners undertake not to at any time divulge any Confidential information of the Promoter to any person without its prior written consent.

 

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 35 to 43 set out how the Promoter may use and disclose personal information of entrants.
  2. 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 36 above:

 

  • to other related entities, including overseas entities – in connection with the purposes stated in clause 36 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.
  2. The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1988 (Australia), or the Privacy Act 1993 (New Zealand), as applicable. 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.
  3. By entering into the Promotion you agree that personal information provided by you may be disclosed by the Promoter to other organisations outside Australia and New Zealand, including in the United States of America.

  4. 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 or New Zealand Privacy Principles or any other applicable law and how those complaints will be dealt with.

  5. By entering the Promotion, you are taken to have read and understood clauses 35 to 42 and our Privacy Policy and consent to your personal information being collected, used and disclosed as described in the Privacy Policy and clauses 35 to 42.

 

FACEBOOK

 

  1. Entrants acknowledge that all content posted on Facebook must be in accordance with the Facebook terms (http://www.facebook.com/terms.php).
  2. The Promoter may communicate or advertise the Promotion using Facebook.
  3. 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.
  4. 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.

 

GOVERNING LAW

 

  1. This promotion is governed by and must be construed according to the law applying in Victoria and entrants submit to the jurisdiction of the courts of Victoria.