Mizzie The Kangaroo Picture Promotion
Terms and Conditions
Photos to WIN Promotion (“Competition”)
Conditions of Entry
1. Information on how to enter, mechanics of entry and prizes form part of these Conditions of Entry. Entry into this Competition is deemed acceptance of these Conditions of Entry by each Entrant.
2. Entry is open to anyone who possesses a Mizzie The Kangaroo (“Entrants”). The Promoter is Skebbsys Toy Box Pty Ltd (ABN 92 169 122 061) of Brisbane (Wooloowin), Queensland 4030, Australia
3. The directors, officers, management and employees of the Promoter are not eligible to enter this Competition.
4. The Competition commences at 08:00 am AEST on the 1st day of every month and ends at 9pm AEST on the last day of the month, until June 2015 (“Competition Period”).
5. To enter the Competition, Entrants must:
• Take a picture of your baby holding a Mizzie The Kangaroo
• Post this picture on Facebook or Instagram, tag Mizzie the Kangaroo and share your post.
• The best picture each month will win a Mizzie Freezzie!
6. There is no limit of entries per person for the duration of the Competition Period.
7. Entries will be deemed accepted at the time of publication by facebook or instagram. Entries received will be considered final by the Promoter. Entries that are not tagged or shared on facebook or instagram will be deemed invalid. The Promoter accepts no responsibility for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction or otherwise including those entries not received by the Promoter.
8. Costs associated with entering the Competition remain an Entrant’s responsibility and may vary.
9. The winner may be announced on the Promoters Facebook page, 5 business days after the end of each month. The winner will be notified by 5pm AEST 5 business days after the end of each month by a facebook private message, where further contact information and details will be requested, and must be provided, including, but not limited to, full name, mobile phone number, email, and address. The winning entry may be published on the Promoter’s Facebook page and via the Promoter’s Twitter account and website.
10. Entries not fully complying with these Conditions of Entry may be deemed invalid at the Promoter’s discretion. If a winning entry is deemed not to comply with these Conditions of Entry, the entry will be discarded and the relevant prize will be re-awarded in accordance with the relevant clause of these Conditions of Entry as if the discarded entry had not been received.
11. One winner will be judged from all entries received at the Promoter’s address, in Wooloowin, Queensland 4030, Australia. All decisions of the Promoter are final and no discussions or correspondence will be entered into.
12. This is a game of skill and chance plays no part in determining the outcome. The criteria for judging will be based on, among other things, originality, creative merit and relevance.
13. There is 1 prize to be won every month, until and including December 2014: 1 Mizzie Freezzie
14. Average total prize value is $8.95 AUD (including GST). The prize is not exchangeable and cannot be taken as cash.
15. The prize will be awarded to the Entrant named in the entry.
16. Should an Entrant’s contact details change during the Competition Period, it is the Entrant’s responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.
17. By accepting the prize, the winner agrees to participate in and co-operate as required with all reasonable media editorial requests relating to the prize, including but not limited to, being interviewed and photographed. The winner will not be entitled to any fee for participating in these activities.
18. As a condition of entering this competition, the Entrant warrants to the Promoter that:
a. The entry does not infringe the intellectual property rights or moral rights of any third party; and
b. The Entrant has obtained permission from any third party appearing in the photograph.
19. As a condition of entering this Competition, Entrants hereby assign to the Promoter, all right, title and interest in and to all intellectual property rights (including copyright but excluding moral rights) in any material created pursuant to the Entrant’s participation in any aspect of the Competition (“Works”). Entrants acknowledge that the Promoter is free to use the Works and to exercise its rights in relation thereto and the Entrant will not be entitled to any fee for such use.
20. In consideration for the Promoter awarding the prize to the winner, the winner hereby permits the winner’s image photographed or filmed during the winner’s participation in the prize to appear in any media whatsoever throughout the world for an unlimited period and the winner will not be entitled to any fee for such use.
21. The Promoter reserves the right to verify the validity of entries and to disqualify any entry which in the opinion of the Promoter, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, disqualify any Entrant who tampers with the entry process, who submits an entry that is not in accordance with these Conditions of Entry or who has, in the opinion of the Promoter, engaged in conduct in entering the Competition which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Competition and/or the Promoter. The Promoter reserves the right to disqualify a winner if the Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause. Any Entrant disqualified under this clause is prohibited from any further participation in the Competition.
22. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the Competition on the dates and in the manner described in these Conditions of Entry, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the Competition and recommence it from the start on the same conditions, subject to any written directions given under State Regulation.
23. 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 2010 (Cth), as well as any other implied warranties under the ASIC Act 2001 (Cth) in Australia, or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”).
24. The Promoter (and its respective officers, employees and agents) exclude all liability (including negligence) except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees, for any direct, indirect or consequential injury, loss and/or damage arising in any way in connection with this Competition or any prize/s. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this promotion and any incorrect or inaccurate or incomplete information communicated in the course of, or in connection with, this Competition as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged entries, prize claims or prizes; and (iv) acceptance and/or use of any prize
25. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these Conditions of Entry, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of this Competition. Any Entrant disqualified under this clause is prohibited from any further participation in the Competition. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
26. The Promoter and their associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, internet failure, theft or destruction or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available.
27. If for any reason this Competition is not capable of running as planned, including due to infection by computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this Competition, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available and to cancel, terminate, modify or suspend the Competition, or invalidate any affected entries, subject to any written direction given under State Regulation.
28. The Promoter is not liable for any tax implications arising from prize winnings. Independent financial advice should be sought as tax implications may arise as a result of accepting the prize.
30. By entering the Competition, each Entrant also agrees that the Promoter may use their personal information, for future promotional, marketing and publicity purposes without any further reference, payment or other compensation to the Entrant, including sending the Entrant commercial electronic messages. Entrants acknowledge and agree that the Promoter does not need to include an unsubscribe facility in any commercial electronic messages it sends.
31. Entrant’s personal information may be disclosed to State and Territory lottery departments and winners’ names published as required under the relevant lottery legislation. A request to access, update or correct any information should be directed to the Promoter.