SCHEDULE TO CONDITIONS OF ENTRY
Promotion
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10 Free Holidays 2015/2016
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Promoter Name
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South Aussie with Cosi of 1 Marlborough Street, Fullarton SA 5063
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Website(s) & Facebook pages
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southaussiewithcosi.com.au
www.facebook.com/CosiCostello
www.facebook.com/southaussiewithcosi
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Promotional Period
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Opens
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28th June 2015, at 5:30pm
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Closes
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24th June 2016, 11pm
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The Promoter may amend the Promotional Period in accordance with state legislative rules.
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Entry Restrictions
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Entrants must be at least 18 years or older.
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Relevant State
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Entries are restricted to residents of South Australia.
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Maximum Entries
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No restrictions
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Entry Procedure
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To enter, entrants must, during the Promotion Period:
1. Go to the Facebook page and register their details in the comments section below the appropriate competition post;
2. The Promoter will hold a draw to determine Ten (10) Major Prize Winners.
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Draw Details
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Date: 24th June, 2016
Time: 11pm
Location: Happy Technologies 182A Brighton Road Somerton Park SA 5044
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Draw Method: Random Computer Selection - SA electronic draw approval No. E92/2004
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Prize Details
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Type
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Prize
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No. Available
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Value
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Major
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Four (4) night stay in any of the six (6) Discovery Holiday Parks around SA.
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10
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$499.00
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Prize subject to the terms and conditions imposed by the Prize Provider. Prize winners’ details may be provided to a Prize Provider for the purposes of prize fulfilment.
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Prize Restrictions
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All tickets are only valid for the date or period specified on the tickets or by the provider, and are subject to any terms and conditions imposed by the provider. Once awarded, the Promoter is not liable for any ticket that has been lost, stolen, forged, damaged or tampered with in any way.
If the Prize winner, or recipient or participant in a challenge or activity conducted in connection with this Promotion is under 18 years of age, a parent or legal guardian of that person must be present for the duration of that event, as one of the participants.
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Total Prize Pool
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Up to $ 4,990.00
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Notification of Winners
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Winners will be notified by public post on relevant Facebook page. Winners must contact provider through private message on Facebook to claim prize
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Conditions of Entry
- All decisions and actions of the Promoter relating to the Promotion and/or redemption of the prizes are exercised accordingly at its absolute discretion and are final. No discussions or correspondence with entrants or any other person will be entered into.
- If the Promotion is not capable of being conducted due to circumstances beyond the Promoter’s control, including due to any technical or communications problems, the Promoter reserves the right to amend, suspend or cancel the Promotion subject to approval from any relevant authority.
- The Promoter may (subject to State Regulations) vary the terms of, or terminate, this Promotion at any time at its absolute discretion without liability to any entrant, contestant or other person. The Promoter will not award the prize if the Promotion is terminated for whatever reason.
- To enter the Promotion, entrants must complete the Entry Procedure and comply with all other applicable requirements during the Promotion Period. Eligibility to enter the Promotion is subject to the Entry Restrictions. The Promotion will be conducted during the Promotion Period.
- Directors, management, employees and contractors of the Promoter and those of any agencies, retailers and suppliers directly associated with this Promotion and the immediate family members of these people are ineligible to enter. “Immediate family member” means spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manager, employee, officer or contractor.
- Entrants can enter the Promotion up to the Maximum Number of Entries. Entries must be submitted separately and each Entry must individually meet the Entry Requirements and be subject to the Entry Restrictions. Automated - computer - generated entries will not be accepted.
- Entries must be received by the Promoter and will be deemed to have been received at the time of receipt by the Promoter. Online, message and other electronic entries are deemed to have been received at the time of receipt into the Promotion database and not at the time of transmission by the entrant.
- Ineligible or late entries will be deemed to be invalid. No responsibility is accepted by the Promoter for late, lost, misdirected, ineligible or illegible / inaudible entries (including lost, stolen, forged, defaced or damaged proof of Entry or things required by the Verification Requirements).
- If the Promotion game involves an element of game of skill all valid entries will be judged by the Judge(s) based upon the Judging Criteria, and chance plays no part in determining that element of the outcome. If a Prize is awarded by draw, the prize draw(s) will be conducted in accordance with the Draw Details. The first valid Entry randomly drawn will win a Prize. If a winning Entry is invalid, that Entry will be disregarded and the prize will be awarded by drawing the next valid Entry in accordance with these Conditions of Entry.
- Winners will be notified in accordance with the Notification of Winners and Publication Details. Winners’ names and State/Territory of residence will be published as specified in the Schedule. The Promoter and the companies and agencies associated with this Promotion may also publish the name and State/Territory of the winners on the relevant Facebook page.
- The Promoter is not responsible for any problems or technical malfunction of any computer online systems, communication network, computer equipment, software, technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including any error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise preventing entrants from successfully submitting an Entry, any injury or damage to entries or to participants’ or any other person's computer related to or resulting from participation in or downloading any materials in this Promotion.
- The Promoter may, in its sole discretion, declare any or all entries invalid, and/or prohibit further participation by an entrant in this Promotion or a prize event/activity if the entrant:
- Disrupts, annoys, abuses, threatens, harasses or attempts to do any of these things to the Promoter, another entrant or potential entrant of, or anyone else associated with, this Promotion; and/or
- Engages in conduct in relation to this Promotion which is misleading, deceptive, fraudulent or damaging to the Promoter’s goodwill or reputation; and/or
- Does not comply with any reasonable directions or guidelines notified to them in connection with the Promotion or a prize event/activity.
- Prize(s) will be awarded as specified in to the Prize Details. If a Prize is unavailable for any reason, the Promoter, at its discretion, may substitute it for another item of equal or higher value. The Prize(s) is/are subject to any prize restrictions specified in the Schedule. The Total Prize Pool is specified in the Schedule. All Prize values stated are the recommended retail value as provided by the supplier, are in Australian dollars and are correct at the time of preparation of these Conditions of Entry.
- All Prizes and/or parts of the Prize(s) are subject to availability, non-transferable and non-exchangeable, must be used on any dates specified in these terms and conditions and/or as stipulated by the prize provider and are not redeemable for cash unless cash is specified. The Promoter and/or a nominated Prize Provider will not be responsible or liable if for any reason beyond their reasonable control any element of any prize is not provided. The Promoter will not be liable for any damage to or delay in transit of prizes, or for any compensation in relation to those prizes.
- If a Prize involves a “meet and greet” element with a celebrity/artist/public figure this is subject to the availability of that third party and will be at the discretion of the celebrity/artist/public figure’s management and will at all times be subject to the availability. The Promoter and/or a nominated Prize Provider will not be liable for the failure of the winner and any accompanying guests to meet the celebrity/artist/public figure for whatever reason, and no cash or alternative tickets will be awarded in lieu of that element of the prize.
- If a Prize involves travel, no other costs will be included and all expenses (including, but not limited to, the costs of transport to and from a prize venue and meals), other than those specifically referred to, will be at each winner’s and (if applicable) their accompanying guest’s cost. Accommodation is for room charges only. The Promoter and/or a nominated Prize Provider will not be liable for the failure of the winner and any accompanying guests to meet travel schedules or cancellations for whatever reason and regardless as to fault, and no cash or alternative tickets or bookings will be awarded in lieu of that element of the prize.
- If a Prize involves tickets to an event, the Promoter and/or a nominated Prize Provider will not be responsible for any changes in times or dates, or cancellations or rescheduling of events that may prevent the prize winner from redeeming the prize or any part of it; and no cash or alternative tickets will be awarded in lieu of that element of the prize.
- The Promoter and/or a nominated Prize Provider, accepts no responsibility for any tax implications that may arise from winning of the prizes. Independent financial advice should be sought. The Promoter takes no responsibility for variations in the prize value.
- The Promoter reserves the right to request winners to provide proof of identity, proof of residency and/or proof of Entry validity (for example, a phone bill or store receipt for purchase requirement) in order to claim a prize. Proof of identity, residency and/or Entry validity considered suitable for verification is at the Promoter’s discretion. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.
- If a prize winner does not redeem any element of a prize at the time stipulated then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that prize or any part of it.
- Entrants may be required by the Promoter and/or a nominated Prize Provider, to participate in photo, recording, video and/or film session(s) and acknowledge that they assign the right to use such publicity materials in any medium (including, without limitation, the internet) and in any reasonable manner it sees fit.
- It is a condition of Entry that the Promoter and/or a nominated Prize Provider, has the right to publicise, broadcast and communicate to the public the names, characters, likenesses or voices of entrants for any promotion or matter incidental to the Promotion.
- If Entry requires the entrant to submit content, Entrants are required to take full responsibility for the content of their Entry and for ensuring that their Entry complies with the Conditions of Entry. For the purposes of these content requirements, “Entry Content” includes any content (including text, photos, videos and messages) that entrants submit, upload, transmit, publish, communicate or use in connection with their Entry into the Promotion.
- Entry Content must not include:
- Any image, video, recording or other kind of depiction of any other person without that person’s express consent. If a person is a minor, the express consent of the minor’s parent or guardian must be obtained before being included in any Entry Content. Entrants warrant that if any such content is included, they have obtained the express consent of the relevant person; and;
- Any content that contravenes any law, infringes the rights of any person or is obscene, offensive, potentially defamatory, discriminatory, indecent or otherwise objectionable or inappropriate (which includes, without limitation, any content involving nudity, malice, excessive violence or swearing); and
- Any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists, unless the entrant is entitled to do so. If an entrant has any doubts about whether they have the right to include any content (for example, recorded music) they must not include it. By including any such content in their Entry, the entrant warrants that they have the permission of the relevant copyright owner to do so and that this permission allows the Promoter to use the Entry in accordance with the Conditions of Entry.
- Entrants release Facebook and its associated companies from all liability arising in respect of the Promotion and acknowledge that: (a) the Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook; (b) any information provided by the entrant in connection with the Promotion is provided to the Promoter and not to Facebook; and (c) any questions, comments or complaints regarding the Promotion will be directed to the Promoter, not to Facebook.
- The entrant acknowledges that there may be inherent risks involved in entering this Promotion or taking or participating in the Prize(s). If Entry or a Prize involves travel, stunts or challenges the Promoter may require the participants to:
- Submit to a medical examination by a medical practitioner approved by the Promoter and obtain relevant medical clearance to participate in the Promotion and/or redeem a Prize; and/or
- Execute a Deed of Release and Indemnity in a form prescribed by the Promoter in order to participate further in the Promotion and/or redeem a Prize.
- Any entrant, prize winner and/or participants in a Promotion event may be required to sign an acknowledgement of risk and waiver of liability for participation in the Promotion or a Prize event and to expressly acknowledge that Entry into this Promotion or participation in a Promotion or Prize event may be inherently dangerous, and that if they choose to participate they will do so at their own risk. In particular, a reasonable level of health and fitness may be required. The Promoter and/or a nominated Prize Provider, reserves the right to preclude participation of anyone refusing to sign the acknowledgement / waiver or any person who is suffering from asthma, epilepsy, significant back or neck problems, physical or mental disabilities, or is pregnant or in the Promoter and/or a nominated Prize Provider’s, sole discretion is not able to participate in any of the experiences for their own or anyone’s safety.
- The Promoter and its agencies and representatives associated with this Promotion, including and/or a nominated Prize Provider, will not be liable for any loss (including but not limited to indirect or consequential loss), damage or personal injury which is suffered or sustained (including without limitation to that caused by any person’s negligence) relating to this Promotion or the awarding or taking of the prizes except for any liability which cannot be excluded by law (in which case liability is limited to the minimum amount allowable by law).
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Please Note – Privacy
- By entering the Promotion, you agree to the Promoter collecting, storing and using your personal information for its marketing purposes, including contacting by electronic messaging for the purposes of marking and administration, including contact the Entrant about future promotions, special offers, goods and/or services. The Promoter and/or a nominated Prize Provider, may use any personal information entrants provide in connection with this competition for the purpose of running the Promotion, and also in in advertisements, publications, media statements and other promotional material associated with the Promotion. The Promoter may disclose the personal information entrants provide for those purposes to its related bodies corporate, contractors and agencies connected with this Promotion and to relevant authorities in the Relevant States.
By entering the promotion referred to in these official rules (the "Promotion") you (the entrant) and we (the promoter whose details are set out below) are entering into a contract on the terms of these official rules ("Official Rules").
- How to enter: You enter the Promotion by liking the South Aussie with Cosi Instagram page and commenting in the comments section when instructed of the Disney Post. Entry is free.
- Eligibility: Only individuals residing in Australia aged 18 and older can enter. Our officers, employees, contractors, agents and suppliers and the immediate family members of any of them or of anyone associated with the Promotion are ineligible to enter. Automatically or mechanically produced entries, and entries we reasonably consider to be inappropriate for any reason (eg because they are disparaging or unlawful) are ineligible. There is a limit of one entry per individual and for this purpose an individual may be counted by an address (so that more than one entry using a particular address will be ineligible, regardless of whether more than one individual uses the same address).
- Promotion period, place, time & date of selection: The Promotion starts at 7:00AM on 1st May 2016 and closes at 11:00PM on 22nd May 2016. Selection of winners will occur at 23rd May 2016. Times are Adelaide Central Standard times.
- Prize details: Details of prizes per are. 10 prizes total comprising 4 x A reserve tickets to Disney on Ice on Friday 10th June at 7.00pm at the Adelaide Entertainment Centre plus a Disney on Ice merchandise pack. Prizes in the Promotion are not allocated on the basis of a place within a country, for example a state, municipality or city. Entries and prizes are not transferrable and are not redeemable for cash. We will not substitute a prize unless the substituted prize is of the same or greater value than the original prize and the winner either agrees in writing or the original prize is unavailable due to circumstances beyond our control and we have made reasonable but unsuccessful attempts to reach agreement with the winner. If a prize cannot be retained for any length of time after selection of a winner, we may deal with it prior to it being made available to the winner in a way we consider reasonably appropriate (which may include, if the law requires, preserving its reasonable value and after deducting the reasonable costs of any disposal having the proceeds held in trust for the ultimate winner). The winner is solely responsible for all taxes and expenses in connection with acceptance or use of any prize (other than expenses expressly stated in these Official Rules as being included in the prize.)
- Prize value: The total prize value does not exceed AU$302. This is calculated as the sum of the values of all possible prizes that can be won in the Promotion. The values are the usual or recommended retail or market values of the prizes.
- Selection of winners: The Promotion does involve an element of chance. We will aim to undertake the determination of the winner in a fair and transparent manner. If more than one prize is being determined, we will select the major prize winner first unless winning entries are eligible to be re-selected. Where there are prizes other than the major prize we will select them in descending order of number and value. Winning is not contingent on being present at selection of winners. Where practicable, we will afford members of the public the opportunity to witness selection of winners.
- Unclaimed prizes and re-selection: We will aim to distribute all prizes in the Promotion and will take every reasonable effort to identify and contact an entrant selected as a winner. We will allow a reasonable period (and in any event one week or such longer legally required period) within which the person may claim their prize. It person selected as the winner of the prize does not claim the prize within the time provided in these Official Rules or if we have made reasonable but unsuccessful efforts to identify or contact the person, we may substitute another person as the winner using a subsequent selection. The date of any re-selection will be as soon as reasonably practicable after the need for a re-selection process occurs. The time of day and place of the re-selection will be the same as for the original selection.
- Notification of winners: We are not required to confirm that entrants’ contact details remain up-to-date – that is entrants’ responsibility. We will aim to notify all winners personally (eg face-to-face, mail, telephone or email) within 2 business days of selection and we will otherwise aim to make all results available within 7 days after selection. We will make results known by posting details on any one or more of the media we use to publicise the Promotion. If you are a winner and you claim your prize and comply with the other requirements of these Official Rules, we will do everything reasonably necessary to ensure you receive your prize by collecting it at the box office at the Adelaide Entertainment Centre on 10th June 2016. This is unless the circumstances of the Promotion or the nature of the prize require a longer period. When we make the results of the Promotion known, we will do so in a way which is consistent with the type of Promotion. We will not charge winners any fee upon receipt of their prize.
- Separate legal terms: There may be terms applicable to prizes in addition to those set out in these Official Rules. Eg tickets to providers’ services (including entertainment events and travel-related services) are subject to providers’ terms of supply of those services. Also, before allocating a prize to you, we may ask you to agree to some terms in addition to these Official Rules. These would be (a) a statutory declaration confirming your eligibility to be a winner; (b) providing us with any additional information we ask as being appropriate to allocate and manage the award of the prize and claiming your prize and (c) where the prize involves participation by others nominated by you, their consents to the collections, uses and disclosures of information about them which are similar to those you give us under these Official Rules. These additional terms may be with someone other than us. Where Feld Entertainment (Australia) Pty Ltd ABN 49 083 865 409 is not the promoter, some of the additional terms may be for a contract directly between you and that company. A copy of all these additional terms will be sent to you on request during the Promotion period and, if you are selected as a winner, before you decide whether to claim the prize. If we ask you to sign and return any such additional terms and we do not receive signed copies from you within one week (or such longer period as the law requires) after our request, we may take it that you have decided not to claim your prize, declare you as ineligible as a winner and select an alternate winner. Entry into the Promotion may require you to, or allow you to, use any electronic (online) service which is not provided by us. Where you subscribe to such a service (eg are a member) and have entered the Promotion using it, you agree to abide by the terms of such service in addition to these Official Rules, including where required by that service provider, that you completely release that service provider and acknowledge that the Promotion is in no way sponsored, endorsed or administered by or associated with that service provider.
- Publicity: By entering, you agree that whether or not you are selected as a winner, we, our group companies and those with whom we or they have commercial alliances (eg prize providers and trademark licensors), and without payment of any fee or obtaining any further consents (a) may use and disclose information about or depicting you (eg your image and/or voice) to promote goods and services using such media (including electronic media such as email, SMS and social media platforms) and in such ways as is reasonable in the circumstances; and (b) will be given such cooperation as is reasonably requested of you as regards participation in media requests, eg being interviewed and photographed. Where the promoter is not Feld Entertainment (Australia) Pty Ltd ABN 49 083 865 409, you agree that the promoter has a commercial alliance with the company.
- Privacy and your information: We may collect, use and disclose information about you for direct marketing and data analytics purposes. Such purposes may concern our goods and services, those of our group companies or those with whom there are commercial alliances (eg prize providers and trademark licensors). The means of any direct marketing may include electronic media (email, SMS and social media platforms). We may also collect, use and disclose information about you for the purpose of giving effect to this Promotion and any award of a prize to you, as required or permitted by law, as set out in our privacy policy and otherwise consented to by you. Our privacy policy gives you information on how and why we collect, hold, use and disclose your personal information. You may access our privacy policy, or contact us at the contact details set out in these Official Rules to ask that we send you a copy. Where the promoter is not Feld Entertainment (Australia) Pty Ltd ABN 49 083 865 409, you agree that Feld Entertainment (Australia) Pty Ltd ABN 49 083 865 409 may also collect, use and disclose information about you for direct marketing and data analytics purposes on the terms of this clause. You may access the privacy policy of this company at http://www.feldentertainment.com.au/PrivacyPolicy/ or contact the company by mail to15s/349-355 Bluff Road, Hampton, Victoria 3199 or by telephone to 03 9699 9322 to ask that you be sent a copy.
- Law and our liability for the Promotion: These Official Rules are governed by and shall be construed in accordance with the laws in force in the state of South Australia. Subject to your rights under Consumer Laws referred to below, you agree that in relation to the Promotion (a) we will not be liable for any circumstances in connection with the Promotion which are beyond our reasonable control; (b) if we are or become liable to you for any reason, our liability will be limited to any out-of-pocket expenses incurred by you up to a maximum of the total prize value referred to above, (c) we will not be liable for any other damages (whether those other damages are referred to as direct, indirect, consequential, special or otherwise) nor shall we be liable for any act or omission, negligent or otherwise, except to the extent allowed for in paragraph (b); (d) if any circumstances in connection with the Promotion occur which require some action by us, we may take such action as a reasonable promoter in our circumstances would take by way of response. In some circumstances, this may involve cancelling the Promotion and any award of prizes under it; and (e) we are bound only by the terms set out or referred to in these Official Rules in respect of the Promotion and only those terms govern this Promotion and set out our agreement.
- Your rights under Consumer Law and who you give your commitments to:
- Regardless of anything else in these Official Rules, nothing in these Official Rules excludes, restricts or modifies the application of Consumer Laws or the exercise of any rights or remedies you may have under Consumer Laws where any such exclusion, restriction or modification would contravene Consumer Laws. “Consumer Laws” refers to the ‘Australian Consumer Law under Schedule 2 of the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law and Fair Trading Act 2012 (Vic) and any applicable similar consumer protection laws in the states and territories of Australia.
- In respect of your promises under these Official Rules, we, in entering into the terms of these Official Rules shall be deemed to be doing so for ourselves and also as agent for and on behalf of and for the benefit of each of Our Associates and, to this extent, each of Our Associates shall be deemed to be a party to the terms of these Official Rules and your promises under these Official Rules are enforceable by each of ourselves and each of Our Associates directly. In these Official rules, 'Our Associates' includes (with each corporation individually described as a Principal) any or all of:
- A director, officer, employee, agent or subcontractor of us;
- Feld Entertainment (Australia) Pty Ltd ABN 49 083 865 409;
- The Walt Disney Company;
- Buena Vista Theatrical Group Limited;
- Ringling Bros Barnum and Bailey Combined Shows Inc;
- Any related body corporate of the Principal within the meaning of, in Australia, the Corporations Act 2001 or in New Zealand, the Companies Act 2003;
- A body corporate that is engaged in a joint venture with us or with a Principal;
- If we transfer to, or licence, anyone to undertake any of our obligations under the terms of these Official Rules, any transferee or licensee respectively;
(with each of the above individually described as a Principal); and
- Any director, officer, employee, agent or subcontractor of a Principal or of any the entities in paragraphs (b) to (h) inclusive;
- Complaints: If you are dissatisfied with the conduct of the promotion and remain so after any contact with us you choose you can make a written complaint to the government agency which regulates trade promotions in your location. We will provide you with agency details on request.
- Our details: We are the promoter. Our details are1 Malborough Street, Fullarton 5063, and ABN 55152374340 Without limiting the other provisions of these Official rules, our rights under the terms of these Official Rules may be exercised by us and by our transferees, licensees and group members and by the contractors of any of the foregoing. The promotion is not associated with or approved by The Walt Disney Company.