“HOT WHEELS POLARIS AUSTRALIA” PROMOTION

 

TERMS AND CONDITIONS

  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.

 

  1. The promoter is Mattel Pty Ltd (ABN 60 000 660 962) of 658 Church Street, Cremorne VIC 3121, telephone: 03 9425 5222 (“Promoter”).

 

  1. Entry is only open to Australian residents. Entrants under 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.

 

  1. Employees (and their immediate families) of the Promoter 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

 

  1. Entries into the promotion open on 17/09/2018 and close at 11:59pm AEDT on 07/10/2018 (“Promotional Period”).

 

  1. To be eligible to enter, individuals must spend $10 or more in a single transaction on any Hot Wheels product from a retailer nationally during the Promotional Period (“Qualifying Transaction”).

 

  1. To enter, individuals must then visit hotwheelspolarispromo.com.au, follow the prompts to the promotion entry page, input the requested details (including their first name, last name, email address, telephone number, postcode and the amount spent in the Qualifying Transaction) upload a copy of the purchase receipt for the Qualifying Transaction and submit the fully completed entry form during the Promotional Period.

 

  1. Individuals will receive one (1) entry for every $10 spent on Hot Wheels products in a single transaction. For example, if an individual is to spend $30 on Hot Wheels products in a single transaction, they will be eligible to receive three (3) entries into the draw provided they list this spend amount on the entry form, as outlined in clause 6 above. Multiple entries permitted subject to only one (1) entry form permitted to be completed per transaction.

 

  1. Entrants must retain their original 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 and that the purchase was made during the Promotional Period but prior to entry.

 

  1. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and 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.

 

  1. Incomplete or indecipherable entries will be deemed invalid.

 

  1. 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.

 

  1. There will be four (4) draws conducted for this promotion, with three (3) weekly draws (“Weekly Draws”) and one (1) major draw (“Major Draw”). Entries into each Weekly Draw open on a Monday and close at 11:59pm AEST/AEDST (as applicable) on the following Sunday (exact close dates specified in the table below). All entries received during the Promotional Period will be entered into the Major Draw, including the winners of a Weekly Draw. All draws will take place at Night & Day, 8 Simpson Street, Moorabbin VIC 3189 at 11.00am AEST/AEDST (as applicable) on the dates specified in the table below. Entries in each Weekly Draw will NOT be entered into any subsequent Weekly Draws but will be entered into the Major Draw. 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. Winners will be notified in writing within two (2) business days of the relevant draw and published online at hotwheelspolarispromo.com.au from 12/10/2018.

 

Draw

Entries close

Draw date

Weekly Draw 1

23/09/2018

25/09/2018

Weekly Draw 2

30/09/2018

02/10/2018

Weekly Draw 3

07/10/2018

09/10/2018

Major Draw

07/10/2018

10/10/2018

 

  1. The Promoter’s decision is final and no correspondence will be entered into.

 

  1. The first ten (10) valid entries drawn in Weekly Draw 1 and Weekly Draw 2 will each win a Hot Wheels Roto Revolution valued at $59.99.

 

  1. The first ten (10) valid entries drawn in Weekly Draw 3 will each win a Hot Wheels Race Crate valued at $74.99.

 

  1. The first valid entry drawn in the Major Draw will win the major prize of a 2WD Polaris ATV featuring Hot Wheels branded decals. The winner will have their choice of either the RZR 170 (for ages 10+) valued at $6,500 or Outlaw 50 (for ages 6+) valued at $3,500. The Promoter may, in its absolute discretion, accommodate the winner’s colour preference, subject to availability. The winner must collect the prize from their nearest Polaris ATV dealership (see https://www.polarisaustralia.com/find-a-dealer/map-view for a full list of dealerships).

 

  1. If the winner of the major prize 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.

 

  1. Subject to the unclaimed prize draw clause, if for any reason a winner does not take / redeem a at/by the time stipulated by the Promoter, then the prize will be forfeited.

 

  1. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.

 

  1. Total prize pool value is up to $8,449.70. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.

 

  1. A draw for any unclaimed prizes may take place on 16/01/2019 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners, if any, will be notified in writing within two (2) business days of the draw and their names will be published online at hotwheelspolarispromo.com.au from 18/01/2019.

 

  1. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.

 

  1. 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 written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.

 

  1. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. 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.

 

  1. 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 the States and Territories of 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.

 

  1. 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) use of a prize.

 

  1. As a condition of accepting the major prize, the winner must 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 the major prize 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.

 

  1. The Promoter collects personal information (“PI“) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.mattel.com/en-us/privacy-statement.  In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter will not disclose PI to any entity outside of Australia.

 

NSW Permit No. LTPS/18/26730 ACT Permit No. TP18/01469 SA Permit No. T18/1352