Disney-Pixar Cars 3 Pit Stop Competition - Terms and Conditions - Game of Skill. Competition Terms and Conditions
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1 Competition Terms and Conditions Disney-Pixar Cars 3 Pit Stop Competition Each entrant must obtain their parent or guardian s (the Guardian) consent to participate in the below competition. It is important that the Guardian, on behalf of themselves and the entrant read and understand these Terms and Conditions. If the Guardian does not understand these Terms and Conditions, the Guardian should request assistance in understanding them. 1. Competition overview a) To be eligible to enter the Disney-Pixar Cars 3 Pit Stop Competition (the Competition ) the entrant (the entrant you ) must be twelve (12) years of age or younger at the time of submitting an Entry, have a valid ticket to the Red Rooster SuperSprint at Sydney Motorsport Park ( Event ) during the Competition Period and a Guardian s consent to enter. Entry into the Event is free and open to all children under twelve (12) years of age. b) To enter the Competition, entrants must: i. attend the Disney-Pixar Cars Pit Stop located in the Family Zone near Paddock Entry at the Event during the Competition Period ; ii. collect a stamp sheet and a colouring sheet from a Disney-Pixar Cars Pit Stop attendant; iii. locate and complete the marked activities in the Disney-Pixar Cars Pit Stop to collect seven (7) stamps; iv. colour in the colouring sheet at the activity workstation in the Disney-Pixar Cars Pit Stop; v. once all seven (7) stamps have been collected and the colouring sheet completed, present your stamps to a Disney-Pixar Cars Pit Stop attendant and collect an entry form; and vi. place the completed entry form in the Competition entry box. c) Entry is open from 10:00AM AEST on Saturday 19 August 2017 and closes at 4:00PM AEST on Sunday 20 August 2017 ( Competition Period ). Entry can only be made during the Competition Period. The Competition will be decided on Monday 21 August 2017 ( Selection Date ). d) Only one Entry into the Competition is permitted per entrant, and an entrant is only eligible to win one (1) Prize. e) Entry into the Competition is free (except for any applicable ticket fees to attend the Event which are the responsibility of the entrant and/or the entrant s parent or legal guardian). 2. Promoter a) The promoter of this Competition is The Walt Disney Company (Australia) Pty Limited ACN ("Disney") of Level 5, 650 Chapel Street, South Yarra, Melbourne, Victoria, 3141, Australia. Disney may contract the services of The Life Like Company Pty Ltd trading as The Entertainment Store or such other agency as Disney may determine in its discretion (the Agency ) to administer certain parts of this Competition. b) All prize draws will take place at the offices of Disney. 3. Eligibility a) To be eligible to enter the Competition:
2 i. entrants must be a permanent resident of Australia or New Zealand; ii. if the entrant is younger than eighteen (18) years old, the Guardian, on behalf of themselves and the entrant will need to agree to these Terms and Conditions (we may contact this person to confirm their agreement); and iii. neither the entrant nor anyone in the entrant s immediate family may be an employee of Disney, or any of their respective affiliate, subsidiary or parent companies, or otherwise affiliated with Disney or connected to the Competition in any way. b) The Guardian acknowledges on behalf of the entrant that Disney may disqualify the entrant if: i. the entrant or the entrant s Entry does not meet any one or more of the requirements set out in these Terms and Conditions; ii. the Entry includes any objectionable material or infringes the rights (including intellectual property rights) of any third party; or iii. the entrant tampers in any way with the operation of the Competition. c) The Entry must be complete, in English and legible. d) If for any reason this Competition is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, unforeseen legal or commercial circumstances or any other causes beyond the control of Disney which corrupt or affect the administration security, fairness, integrity, or proper conduct of this Competition, Disney reserves the right in its sole discretion, to cancel, terminate, modify, delay or suspend the Competition. 4. Winner selection a) The Competition is a game of skill. Chance plays no part in determining the winner. b) Disney will appoint judges for the Competition (the Judges ). c) The winner selection will take place on the Selection Date. The Judges will select from all valid Entries into the competition one (1) winner based on creativity, to be awarded as the Competition prize winners (the Winner ). The Judges decision is final and no correspondence will be entered into. d) The Winner will be notified by phone or within one (1) day of the Selection Date (see paragraph 1(c)). All reasonable attempts will be made to contact the Winner. e) The Prizes must be claimed by 1:00PM AEST on Monday 28 August If for whatever reason any Prize is not claimed by this date, an unclaimed prize selection will be carried out on Tuesday 29 August 2017 at 10:00AM AEST. If the Prize is not claimed as part of this unclaimed prize selection the Promoter, in its sole discretion, will forfeit that Winner s prize and no substitute will be offered. f) If any proposed selection date falls on a public holiday in Victoria, that seelction will be conducted on the following business day. g) If any person first chosen as a Winner is found to be ineligible, they will be disqualified and another entrant will be slected as replacement Winner as part of the unclaimed prize draw. 5. Prize a) There will be one prize ( Prize ) to be won during the course of the Competition. The Prize will consist of one (1) Sphero App Enabled Ultimate Lightening McQueen, valued at a maximum of AU$
3 The Prize value is based upon the recommended retail prices (inclusive of GST). Disney does not accept any responsibility for a change in Prize value. The total Competition prize value is valued at $ inclusive of GST. b) The Guardian agrees on behalf on the entrant that if the entrant is selected as the Winner: i. The Winner may not transfer the Prize to anyone or ask for any alternative Prize (including cash). ii. Disney may replace the Prize with another prize of equal value in the unlikely event that the Prize becomes unavailable. iii. If the Winner is not able to take the Prize as stated, the Prize will be forfeited and no payment or compensation will be made in lieu. iv. Once the Prize has left the premises of Disney, responsibility for any damage, delay or loss to the Prize during transit will pass to the Winner and their Guardian. v. Disney may ask the Winner or the Guardian to provide proof of the Winner s age, identity and residency, and to sign any required documentation including release forms as a condition of claiming the Prize. vi. The Winner or the Guardian is responsible for all expenses and taxes connected to the Winner s participation in the Competition and not included in the Prize. vii. If requested by Disney, the Winner may be required and must agree to be filmed during the presentation of the Prize. The Guardian authorizes and grants to Disney on behalf of themselves and the Winner, the right to issue, and authorise others to issue, publicity concerning the Winner, and the right to use Winner s name (including any professional name or sobriquet adopted by Winner), likeness and biographical data in connection with the promotion of the Competition. viii. Disney accepts no responsibility for any variation in the value or make-up of the Prize or any event that occurs that is beyond Disney s reasonable control. The Winner and the Guardian also acknowledges that participation in and attendance at any event may be subject to additional terms and conditions imposed by third parties. Disney does not accept any responsibility and is not liable for additional conditions imposed at any event or for the breach of those conditions by any person. 6. Ownership a) The Guardian acknowledges on behalf of the entrant that Disney will own the Entry and will not return the Entry at the end of the Competition. The entrant may keep a copy of the Entry for archiving purposes. b) The Guardian agrees on behalf of the entrant that all of the rights (including intellectual property rights) in the Entry, including any copyright works in the Entry, belong to Disney and the entrant hereby assign any rights the entrant may have to Disney. This includes all copyright (present or future), other intellectual property rights and rights of ownership. The Guardian grants to Disney on behalf of themselves and the entrant a perpetual worldwide license (including a right to sub-license) to Disney of all rights in your Entry pending completion of this assignment. c) The Guardian agrees, on behalf of the entrant, to do all things necessary (which may include signing documents) to transfer these rights to Disney. d) The Guardian authorizes and consents, on behalf of the entrant, to Disney doing or omitting to do anything that infringes the entrant s moral rights in the Entry. Moral rights are the entrant s inherent rights in the Entry as the author and/or performer in the Entry and comprise the rights: i. to be attributed as the author of the Entry; ii. not to have your authorship of the Entry falsely attributed; and
4 iii. of integrity of authorship and/or performance. 7. Liability and Indemnity a) To the fullest extent permitted by law, neither Disney or any of its affiliated companies, nor any of their respective directors, officers, agents, employees, contractors, or representatives (altogether the Entities ) are liable, and the Guardian, on behalf of the entrant, releases each of the Entities from liability, for any loss or damage that the entrant may suffer in connection with participation in the Competition, including (without limitation) if: i. the Competition is cancelled, modified, suspended or delayed, including under paragraph 3d); or ii. Disney does not receive the entrant s Entry within the Competition Period for any reason. b) The Competition and Consumer Act 2010 (Cth) as well as other laws in Australia may imply certain conditions, warranties and undertakings, and give the entrant other legal rights. If they apply, they cannot be modified or excluded by any contract. The Guardian on behalf of themselves and the entrant may consider seeking legal advice as to whether they apply. c) Nothing in these Terms and Conditions generally affects the entrant s rights under Australian consumer law (as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and equivalent State and Territory fair trading legislation) regarding consumer guarantees to the extent that such consumer guarantees cannot be excluded by law. Other than these consumer guarantees, and subject to paragraph iiib), Disney makes no warranties about any prizes offered as a part of the Competition, including warranties as to the quality, merchantability or fitness for purpose of such prizes. d) The Guardian on behalf of themselves and the entrant agrees to indemnify the Entities against all liabilities suffered or sustained by any of the Entities arising from any claim that the Entry infringes the rights (including intellectual property rights) of any third party. 8. Representations and warranties The Guardian on behalf of themselves and the entrant represent and warrant that the entrant will have all of the rights necessary to effect the transfer of rights to Disney under paragraph Privacy a) Disney will collect the entrant s personal information (such as name and biographical data) as part of the Competition and may use this information anywhere in the world for the purposes of administering the Competition, and other purposes for which we obtain the entrant s express consent. Where the Guardian on behalf of themselves and the entrant have expressly consented, the entrant s personal information may be provided to Disney affiliates, including overseas affiliates for future promotional, marketing and publicity purposes without notice and without any fee being paid unless otherwise advised by the entrant and/or the Guardian. b) Disney will comply with its privacy policy in the collection and use of the entrant s personal information. Disney's privacy policy is available at Disney Intellectual Property a) Unless expressly stated in these Terms and Conditions, the entrant s participation in the Competition does not entitle you to use any of Disney's intellectual property rights (including any Disney trade mark or copyright) for any purpose.
5 b) The Guardian on behalf of themselves and the entrant may not disclose your Entry to anyone other than Disney. The entrant may only use the Entry to participate in the Competition. The Guardian on behalf of themselves and the entrant may keep any copy of your Entry for personal records. 11. Governing law These Terms and Conditions are governed by the laws of Victoria, Australia. The Guardian on behalf of themselves and the entrant submit to the non-exclusive jurisdiction of courts exercising jurisdiction there, and waive any right to claim that those courts are an inconvenient forum. 12. Severability Any provision (or part thereof) of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions (or parts thereof) of these Terms and Conditions nor affect the validity or enforceability of that provision (or part thereof) in any other jurisdiction. 13. Entire Agreement These Terms and Conditions contain the entire agreement between the Guardian on behalf of themselves and the entrant and Disney with respect to the Competition. They set out the only conduct that entrant and/or the Guardian have relied on and supersede all earlier conduct and prior agreements and understandings between the entrant and/or the Guardian and Disney in connection with the Competition.
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