“HOT WHEELS NZ BATHURST” PROMOTION (“Promotion”)

 

  1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this Promotion is deemed acceptance of these Terms and Conditions.

    The promoter is Mattel (NZ) Limited, Level 2, Ascot Central, 7 Ellerslie Racecourse Drive, Greenlane, Auckland, 1051, New Zealand (“Promoter”).

 

  1. Entry is only open to New Zealand residents who are available to travel to Bathurst, NSW (Australia) from 04/10/2017 to 09/10/2017, if drawn as the winner.

 

  1. 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.

 

  1. Employees (and their immediate families) of the Promoter, participating retailers 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. Promotion commences at 9:00am NZST on 10/04/2017 and ends at 11:59pm on 07/05/2017 NZST (“Promotional Period”).

 

  1. To enter the promotion individuals must complete the following steps during the Promotional Period:

 

  1. purchase any Hot Wheels Toy (“Participating Product“) from any The Warehouse store in New Zealand; and then

 

  1. visit the promotional website at www.hotwheels.com.au/competitions and complete the online entry form by correctly entering all of the requested details (including their full name, a valid email address, postcode, phone number, the Participating Product purchased, and full purchase receipt number), and click submit. All entries must be received by the Promoter during the Promotional Period to be eligible.

 

  1. 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. Neither the Promoter nor any other entity associated with this promotion will be responsible for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence, including but not limited to entries not received due to technical problems or human error.

 

  1. Multiple entries are permitted, subject to the following: (a) only one (1) entry permitted per Participating Product purchased; and (b) each entry must be submitted separately and in accordance with entry requirements.

 

  1. Entrants must retain a copy of their 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 as The Warehouse, that a Participating Product was purchased, 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, 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. 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. The draw will take place at Night and Day, 8 Simpson Street Moorabbin Vic 3189 at 11:00am AEST on 10/05/2017. The winner will be the first valid entry randomly drawn from all eligible entries submitted. Night and Day on behalf of the Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The winner will be notified by email. In the event that an ineligible entry is drawn or the Promoter is unable to contact a winner within five (5) days of the prize draw, having made reasonable attempts to do so, the Promoter may deem that winner’s entry invalid and the new winner will be the first valid reserve entry that was selected.

 

  1. There is one prize to be awarded in this promotion, which will be awarded to the winner. The prize is a trip for two (2) adults and two (2) children (12 years or under) to Bathurst, NSW (Australia) from 04/10/2017 to 09/10/2017, valued at up to NZ$8,928 depending on point of departure. The prize package includes:
  • return economy airfares from the winner’s nearest city of Christchurch, Auckland or Wellington to Bathurst, NSW for two (2) adults and two (2) children;
  • four (4) nights accommodation in a modern two (2) bedroom house with one (1) queen bed and two (2) single beds, two (2) bathrooms, fully equipped kitchen, open lounge & dining area with linen and towels provided (i.e. ‘corporate housing’) in Kelso, NSW for two (2) adults and two (2) children (exact accommodation provider to be determined by the Promoter);
  • AU$500 Travel Card for the winner; and
  • general admission tickets for two (2) adults and two (2) children to attend the Supercheap Auto Bathurst 1000 event from 05/10/2017 to 08/10/2017, including access to the Paddock Area. Tickets do not include seating, corporate hospitality, food or beverage

 

  1. Additional costs associated with redeeming the prize, including but not limited to spending money, meals, taxes (excluding airline and airport taxes), insurance, passports, visas, vaccinations, transport to and from departure point, transfers, items of a personal nature, in-room charges and any other ancillary costs are not included. Prize must be taken from 04/10/2017 to 09/10/2017 and is subject to booking and flight availability. During the entire duration of the prize, a nominated parent/guardian must accompany any person under 18 years of age. The winner and his/her companions are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation. The winner and his/her companions must depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. The winner will be required to present their credit card at time of accommodation check in in order to provide a bond for the room/s.

 

  1. As a condition of accepting the prize, winner and any prize participants will be required to 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 and an accommodation terms and conditions form. In the event a 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. Any ancillary costs associated with redeeming the Travel Card are not included. Any unused balance of the Travel Card will not be awarded as cash. Redemption of the Travel Card is subject to any terms and conditions of the issuer including those specified on the Travel Card.

 

  1. The Bathurst 1000 ticket prizes are subject to the event venue and ticket terms and conditions, including any applicable age restriction. The Promoter and event organisers hereby expressly reserve the right to eject the winner (and/or his/her companions) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.

 

  1. All decisions made by the Promoter are final and no correspondence will be entered into.

 

  1. If the winner 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. If for any reason the winner does not take/redeem the prize (or part of the prize) at/by the time stipulated by the Promoter, then the prize (or that part of the prize) will be forfeited and no compensation will be payable.

 

  1. The prize values are based upon the recommended retail price at the time of printing (inclusive of GST). The Promoter accepts no responsibility for change in prize values between now and the ultimate prize redemption date.

 

  1. The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash.

 

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

 

  1. 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. The Promoter collects and holds personal information provided by entrants for future promotional purposes where consent has been obtained for such use, and for the purposes set out in its Privacy Policy (accessible at http://corporate.mattel.com/privacy-statement.aspx). The Promoter may, for these purposes, disclose relevant personal information to its related bodies corporate; its business partners and service providers (including contractors, call centres, advertising agencies and direct mail houses); its professional advisors; any entity to whom it is required or authorized by law to disclose personal information; and with the relevant entrant’s consent (express or implied) to other entities. Failure to provide requested personal information may disqualify a person from entering the promotion or being awarded a prize.

 

  1. If an entrant opts-in to receive future communications from the Promoter, the Promoter may send that entrant at any time in the future (a) information about the Promoter’s products, promotions and other news; and (b) information about future promotional, marketing and publicity offers or activities of the Promoter or its associated bodies corporate.

 

  1. Under the Privacy Act 1993, entrants have the right to access and request correction of any personal information held about them by the Promoter and may do so by sending an email to infonz@Mattel.com or phoning the Promoter on 0800 174 063 during office hours. For further details about how entrants’ personal information may be collected, used and processed, please see the Privacy Policy referred to above.

 

  1. If an entrant is a prize winner:
    • They, together with the other prize participants, grant the Promoter and associated companies and agents the right to use (and to license others to use) their entry, their name, likeness, image and/or voice (including photograph, film and/or recording of the same) to promote and advertise in any media all or any of this Promotion (including any outcome), or the Promoter or any products manufactured, distributed and/or supplied by the Promoter, without any royalty, payment or other compensation to them.
    • They may at any time notify the Promoter that they do not wish for the Promoter and others (who are licensed to do so) to use their name, likeness, image, voice or entry as described above by notifying the Promoter in writing on infonz@Mattel.com or calling 0800 174 063 during office hours.
    • The Promoter agrees not to use their name, likeness, image, voice or entry in connection with any commercial tie-ups, merchandising or for the direct or indirect endorsement of any product or services other than for the commercial and/or other sponsorship of the Promotion or 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) to amend, modify, suspend, terminate or cancel the Promotion or any aspect of the Promotion (including any prize), as appropriate.

 

  1. The winner and all prize participants acknowledge and agree that they will comply with all reasonable instructions given by employees of the Promoter and other agencies associated with this promotion, and agree not to do anything that may bring the Promoter into disrepute.

 

  1. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees as provided under consumer protection laws in New Zealand (“Non-Excludable Guarantees”).

 

  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 this promotion, including but not limited to: (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 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) taking/use of a prize.

 

  1. The parent or legal guardian of the entrant who agrees to these Terms and Conditions:

 

  • warrants that the entrant has complied 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.