Thomas & Friends (Promotion) Terms & Conditions July 2016
1. Instructions on how to enter and prizes form part of these Conditions of entry. Participation in this Promotion will be deemed acceptance of these terms and conditions of entry.
2. The Promotion commences 18/07/2016 and closes at 11:59pm AEST on 14/08/2016 (Promotion Period). This is a game of chance. Entries will be drawn at random.
3. The promoter is Babyology, ABN 33 114 483 251, PO Box 483, Woollahra 1350 (Promoter).
4. Entry into the Promotion is open to Australian residents only. 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. If the winner is under 18 years of age, the prize will be awarded to the winner’s parent or legal guardian on their behalf.
5. Employees of the Promoter, and their immediate families 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.
How to enter
6. To enter, entrants must, during the Promotion Period, do all of the following:
i. Like @babyology on Instagram /Facebook (if not already liked);
ii. Like @thomasandfriends on Instagram and Facebook (if not already liked);
iii. Upload a photo or video of their biggest Thomas & Friends fan to their personal Instagram and/or Facebook account, which must be public for judges to be available to view the entry, or tag a previously uploaded photo or video on Instagram or Facebook;
iv. Tag the photo with the hashtag #MyFirstThomas (applicable to both Instagram + Facebook); and
v. Tag the photo/video @babyology and @thomasandfriends (if uploaded on Instagram).
7. You may enter only once.
8. Babyology reserves the right to verify entries with photos or additional information.
9. The winner/s will be notified through their Facebook and/or Instagram accounts within 2 days of Promotion completion. The winner must respond within 7 days to avoid a re-draw.
10. Please note that not all images shown represent the prize pack on offer.
11. All entries must be received within the Promotional Period. 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.
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. The Promoter reserves the right, at any time, to disqualify any entrant submitting an entry which, in the opinion of the judges, includes objectionable content, including but not limited to profanity, nudity, potentially insulting, scandalous, inflammatory or defamatory images or language.
14. 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.
15. Any cost associated with accessing the Promotional website is the claimant’s responsibility and is dependent on the Internet service provider used.
16. 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.
17. By submitting an entry, each entrant:
i. assigns to the Promoter all copyright subsisting in that entry at the time the entry is submitted; and
ii. warrants that they have full authority to grant such rights.
Prizes and how winners are determined
18. There will be 10 winners drawn.
19. The draw will take place at 14 Cecil St Paddington, NSW at on 17/08/2016 The winner will be notified in writing and by telephone within two (2) days.
20. The winners will receive 10 x Thomas & Friends prize pack, each valued at AUD $100 each. Each prize pack will consist of:
i. My First Thomas & Friends Rolling Melodies Thomas and a My First Thomas & Friends Rail Roller Spiral Station.
21. Total prize pool value is AUD $1000.
22. The prize, or any unused portion of a prize are not transferable or exchangeable and are not redeemable for cash.
23. Entries not completed in accordance with the rules and conditions or received after the closing date will not be considered. Illegible or incomplete entries will be deemed invalid. The Promoter’s decision in relation to all aspects of this Promotion is final and binding on every person who enters. No correspondence will be entered into.
24. The winner consents to their full name and state being published on https://babyology.com.au.
25. Prize valued in Australian dollars. Prize values are the recommended retail value as provided by the supplier and are correct at time of printing. Where prize is awarded in the form of a voucher/letter/ ticket or pass, the Promoter shall not be liable for any voucher/letter/ ticket or pass that has been lost, stolen, forged, damaged or tampered with in any way. Redemption of voucher/ letters/ tickets and passes is subject to terms and conditions stipulated on voucher/letter/ ticket/ pass.
26. Estimated date for the prize to be shipped to the winner is 30/08/2016.
27. If a prize is unavailable for any reason, the Promoter may substitute for that prize another item of equal or higher value as determined by the Promoter subject to approval by regulatory bodies if required.
28. It is a condition of accepting a prize that the winner will, at the Promoter’s request and in its sole discretion provide any information reasonably required to (a) allow the Promoter to verify or validate the winning entry; and (b) arrange for delivery of the prize to the winner.
29. If for any reason a winner does not claim a prize by the time stipulated by the Promoter, then the prize will be forfeited. The Promoter reserves the right, in its sole discretion, to select an alternate entrant in accordance with these Terms & Conditions to be the eligible winner of the applicable Prize.
30. The Promoter and its related entities is collecting your personal information for the purposes of conducting, promoting and administering the Promotion.
31. The Promoter may use your personal information to:
i. administer your participation in the Promotion, including to notify you if you are a winner;
ii. process any communications you send to it (for example, responding to your queries, and dealing with any complaints or feedback you have);
iii. identify you and protect you from unauthorised access to your personal information; or
iv. get in touch with you in relation to the Promotion.
32. The Promoter will not, unless consent is obtained, use or disclose your personal information to:
i. send you information about its (or its business partners)’ products, promotions or competitions; or
ii. conduct marketing and research directly with you.
33. The Promoter may disclose your personal information for purposes other than those referred to in clause 33 above:
i. to other related entities, including overseas entities – in connection with the purposes stated in clause 32;
ii. 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);
iii. 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;
iv. to any entity to which it is authorised or required by law to disclose your personal information; and
v. to any specific parties it has advised you of at the time it collects your personal information
34. By entering the Promotion, you consent to the Promoter and its related entities using and disclosing your personal information in the way described above.
35. 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 firstname.lastname@example.org
General Terms and Conditions
38. 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.
39. Except for any liability that cannot be excluded by law, the Promoter (including its 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, including, but not limited to, where arising out of the following: (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 Conditions of Entry; (e) any tax liability incurred by a winner or entrant; and/or (f) participation in the promotion.
40. If for any reason this Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the promoter which corrupt or affect the administration security, fairness, integrity or proper conduct of this Promotion, then the Promoter reserves the right to cancel the Promotion without notice. The promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of entries.
41. By entering the promotion, the entrant consents to receipt of any email regarding the promotion and other emails which inform the entrant of the Promoters other publications, products, services and events and to promote third party goods and services it may be interested in.
42. By submitting an entry in this Promotion, the entrant grants the Promoter and its affiliates, agents and representatives an exclusive, royalty-free, perpetual, irrevocable, transferable, worldwide licence to use, edit, reproduce and exploit their entry by all means whatsoever (including, without limitation, in print and electronic format) for any purpose. All entrants agree that the Promoter may re-post their image entry including on the Promoter’s Facebook, Twitter or Instagram accounts and the Promoter’s websites.
43. Entrants consent to the Promoter using their Promotion entry, name, likeness, image and voice (including photograph, film and recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Promotion, and promoting any products manufactured, distributed and/or supplied by the Promoter. Any winning photograph or video will be reposted across Babyology’s social media accounts, including but not limited to, Facebook, Instagram and Twitter.
44. Babyology does not accept any usage liability for images published; and that all image license agreements have been entered into by the Advertiser, prior to commencing promotions.
45. All entries become the property of the Promoter.
46. The Parent or Guardian of the entrant who agrees to these Terms and Conditions:
i. warrants that the entrant has complied with and will comply with these Terms and Conditions; and
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 41.
Facebook and Instagram
47. Entrants acknowledge that all content posted must be in accordance with:
i. the Facebook: https://www.facebook.com/terms.php; and
48. The Promoter may communicate or advertise the Promotion using Facebook and Instagram.
49. The Promotion, however, is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram. Each entrant completely releases Facebook and Instagram from any and all liability, arising from this Promotion.
50. By participating, entrants release Facebook, Instagram, the Promotor, 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.
51. 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:
i. the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions; or
the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of these Terms and Conditions.
52. 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.
53. NSW Permit Number: LTPS/16/05615