TERMS & CONDITIONS ®
THE NATIONAL LEGO BUILDING COMPETITION 2012 1. Information on how to enter and prizes form part of these Terms and Conditions. Any entry not complying with these Terms and Conditions will be deemed invalid and will not be included in the judging. Participation in this competition is deemed acceptance of these Terms and Conditions of entry. 2. The competition will be conducted in up to 203 individual participating TOYWORLD stores in Australia. These Terms and Conditions apply to each participating TOYWORLD store except where context indicates otherwise. 3. This competition is a game of skill. Chance plays no part in determining the winners. Each entry will be individually judged, based on age, imagination, creative merit and building skill. All entries must be the original independent creation of the entrant and free of any claims that they infringe any third party rights. 4. No responsibility will be accepted for lost, stolen or damaged entries or entries with incorrect, incomplete or illegible details. The Promoter holds no responsibility for late or misdirected entries. 5. Entry is open to all residents of Australia. Employees and directors (and each of their immediate families) of the Promoter and its agencies and companies associated with the conduct of the competition are not eligible 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, st brother, sister, step-brother, step-sister or 1 cousin. 6. Entrants under 18 years old must have parental/guardian approval to enter the competition and provide personal information about themselves and further, the parent/guardian of the entrant must read and consent to all Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to this competition. All entries of entrants who are under the age of 18 years and enter the competition without disclosing (or attempting to conceal) their ages and do not provide the required parental or guardian consent will be deemed invalid. These Terms and Conditions will bind the entrants and any parent or legal guardian who gives their consent. If any prize winner is aged under 18 years, the prize will be awarded to the parent or legal guardian who consented to the winner entering the competition on behalf of the winner, at the discretion of the Promoter. 7. The competition commences at 09:00am AEST on 1 April 2012 and all entries must be received in store by end of trading on 30 April 2012 (Promotional Period). ®
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8. To enter, entrants must first build a LEGO model “of their dreams” (using only LEGO products) and take two (2) colour photos of their creation, and must then visit a participating TOYWORLD store, obtain the official entry form and complete it in full including their full name, residential address, mailing address, phone number, mobile phone number and age, and listing the TOYWORLD store in which they are submitting their entry. Entrants must then attach one (1) of the colour printed photos to their completed entry form and place it in the entry box available at the participating TOYWORLD store and present the second colour printed photo to the Toyworld store staff for putting on display. For the avoidance of doubt, an entry is not complete unless both photos are submitted in the required manner. 9. All entries must be submitted during the Promotional Period. Entries received will be considered final by the Promoter. Entry forms submitted must be original and photocopies or images of entry forms will not be accepted. All entries must be submitted to a participating
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TOYWORLD store within the same geographic region as the entrant resides. 10. Incomplete, inaccurate, indecipherable, incomprehensible or illegible entries will be deemed invalid. Only one (1) entry per person permitted. Any subsequent entry after the first valid entry is received will be deemed invalid. 11. Entrants can only enter in their own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the competition and all entries of an entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. The Promoter reserves the right to request the entrant produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the entrant’s identity, age, residential address, eligibility to enter and claim a prize, and any information submitted by the entrant in entering the competition, before issuing a prize (including confirming consent of an entrant’s parent or legal guardian and the name, age and address of the parent or legal guardian that gave their consent, where an entrant is under 18 years of age). If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an entrant or entry has not been verified or validated to the Promoter’s satisfaction then all the entries of that entrant will be ineligible and deemed invalid. A prize will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion. 12. Each entrant that submits a valid entry in accordance with these Terms and Conditions will receive one (1) promotional LEGO MEGAFACTORIES DVD and a certificate of participation which will be mailed within 60 days after the end of the Promotional Period to the mailing address specified by the entrant on their entry form. 13. All valid entries from each participating TOYWORLD store will be judged by a panel of appropriately qualified judges to determine one (1) winner judged to be the best from all eligible entries received for that store (each, a Store Finalist). 14. Each Store Finalist will be awarded LEGO prizes of their choice, from the range available at the TOYWORLD store where they submitted their entry, to the value of RRP AUD$50.00. The Store Finalists will be contacted by the TOYWORLD store where they submitted their entry, and will need to visit that store to choose their LEGO prizes within the timeframe nominated by the Promoter. 15. All Store Finalist entries will then be split into State groups as follows: NSW, ACT, VIC, SA, WA, NT, QLD and TAS (State Group). Store Finalist entries will then be judged again to determine one (1) winner judged to be the best from all Store Finalist entries received in each State Group (each a State Finalist). Each State Finalist will be awarded LEGO prizes of their choice, from the range available at the TOYWORLD store where they submitted their entry, up to the value of RRP AUD$100.00. The State Finalists will be contacted by the TOYWORLD store where they submitted their entry, and will need to visit that store to choose their LEGO prizes within the timeframe nominated by the Promoter. 16. All State Finalists will then be judged a third time to determine one (1) winner judged to be the best from all State Finalist entries (Major Prize Winner). The Major Prize Winner will receive the major prize for two (2) adults and two (2) children (12 years or under) valued at up to AUD$16,500.00 depending on the date and point of departure (Major Prize). The Major Prize comprises the following elements: a. return economy airfares for two (2) adults and two (2) children (12 years or under) from the Major Prize Winner's nearest capital city to Los Angeles; b. five (5) nights’ 3 star accommodation (in one (1) room with one (1) double bed and two (2) single beds or similar) at the Grand Pacific Palisades Resort & Hotel located ® next to LEGOLAND California; c. airport transfers to and from the destination airport and the destination hotel; ® d. admission for two (2) adults and two (2) children (12 years or under) to LEGOLAND California for four (4) days; and
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e. AUD$1500 spending money paid to the Major Prize Winner’s nominated bank account by electronic funds transfer. 17. The Major Prize must be booked and travelled in full within twelve (12) months of the Major Prize Winner being notified that they have won the Major Prize or the Major Prize is forfeited. Redemption of the Major Prize is subject to availability and may be dependent on travel class availability, specific room category availability and travel ‘blackout’ periods applying (including school holidays, public holidays and peak periods). All components of the Major Prize must be taken together and when offered or are forfeited. The winner and companion/s (if any) must travel together and depart from and return to the same departure point. The winner and companion/s (if any) may not accrue frequent flyer points. No extension or variation of the travel dates nominated by the Promoter permitted. Use of the Major Prize and any passes or vouchers issued as part of the Major Prize may be subject to prevailing prize supplier terms and conditions of use. The Major Prize cannot be used in conjunction with travel discounts or special offers. Any variations to the Major Prize will be at the cost and at the responsibility of the Major Prize Winner. Travel and accommodation are to be arranged by a licensed travel agent nominated by the Promoter. 18. During the entire duration of the Major Prize, at least one (1) nominated parent/guardian must accompany any person under 18 years. 19. All additional costs not expressly stated, but which may be incurred in acceptance and use of the Major Prize, are the responsibility of the winner and companion/s (if any). Such additional costs include, but are not limited to, meals, room upgrades, beverages, room service, telephone calls, laundry services, additional spending money, transport to and from airport departure point, other transfers, taxes including arrival and departure taxes (if applicable) but excluding airfare related taxes and charges included in the Major Prize, insurance, travel insurance, passports and visas. Major Prize Winner may be required to present a credit card at time of accommodation check-in. 20. The Major Prize Winner is solely responsible for their entry and the entry of their travel companions (if any) into Los Angeles, at their own expense, including ensuring all necessary passports, visas, travel authorisations, medical advice and recommended vaccinations and immunisations have been obtained prior to travel and, if required, on or by a date nominated by the Promoter. Failure to do so may result in the Major Prize being forfeited. 21. Taking the Major Prize is subject to any prevailing terms and conditions of any accommodation/transport/services/transfers/travel insurance or tour providers, and in particular, health, behaviour, age and safety requirements. No compensation will be payable if the winner, or a travel companion, are unable to use any element of the prize as stated for whatever reason, including refusal of entry or departure into or out of Los Angeles or participation in certain activities for health, age, behaviour or safety reasons. Any part of the Major Prize that is not taken for any reason is forfeited. 22. The judging for all prizes will take place at LEGO Australia Pty. Limited, 1 Innovation Road, North Ryde NSW 2113 from 23 May 2012, commencing at 10:00am AEST. 23. Winners will be notified within 7 days of being determined. All winners will be notified via phone call and in writing. 24. If this competition 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; (b) to modify, suspend, terminate or cancel the competition, as appropriate; or (c) to provide an alternative prize or prize element to the same or greater value than the original prize or prize element. 25. Each entrant consents to their entry being publically displayed in a prominent position within participating TOYWORLD stores until the end of the competition at which point they will be
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sent to the Promoter’s address (as stipulated in Condition 42) for judging to take place. 26. All entries (including photographs) submitted become the property of the Promoter. Entries will not be returned to any entrant. As a condition of entering into this competition, each entrant agrees to grant the Promoter a perpetual, worldwide, irrevocable, unconditional, nonexclusive, transferable licence (and agrees to use their best endeavours to procure any relevant third parties to grant to the Promoter such licence) to use the entry for the purposes of marketing and promoting the Promoter and/or its goods and services without the further consent of the entrant and without any further payment or compensation payable to the entrant. Each entrant expressly consents pursuant to the Copyright Act to the Promoter having an unfettered right to treat their entry in any manner at its sole discretion, to alter the entry in any manner and to the Promoter not attributing authorship of the entry to the entrant. Each entrant warrants to the Promoter that each entry submitted is an original artistic work of the entrant that does not infringe the rights of any third party. The entrant agrees to indemnify the Promoter against all costs and claims by third parties arising from a breach of this warranty. 27. Any entry that contains content that the Promoter, in its sole discretion, considers to be offensive or inappropriate in any way or that the Promoter considers may infringe any intellectual property rights or other rights of any person, corporation or entity, will not be accepted as an eligible entry into the competition. This includes, but is not limited to, any entry which the Promoter considers to be disparaging to its products and/or services. 28. All right, title and interest in all intellectual property rights in all of the Promoter’s brands, logos, trading names and products will remain or be vested in the Promoter. Participation in this competition by an entrant will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any of the Promoter’s brands, logos, trading names and products. The Promoter, on a case by case basis and to the extent required, grants to each entrant a non-exclusive licence for the Promotional Period use of the Promoter’s brands, logos, trading names and products solely for the purpose, and to the extent necessary, to enable each entrant to create their entry. 29. If any prize (or part of any prize) is unavailable, for whatever reason, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) for a prize of equal or greater value and/or specification. 30. Once prizes have left the Promoter’s premises, the Promoter takes no responsibility for prizes damaged, delayed or lost in transit. 31. In the event that for any reason whatsoever a winner does not take an element of the prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that element of the prize. 32. Total maximum prize pool is up to the value of $27,450.00 (including GST) depending on the date and point of departure. 33. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash. A prize must be taken as offered and cannot be varied. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. The Promoter accepts no responsibility for any variation in prize value. All prize values are the recommended retail price including GST. 34. As a condition of entering this competition, an entrant consents to, in the event they are a winner, the Promoter using the entrant’s entry, name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the competition (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter. The entrant agrees that, in the event they are a winner, the entrant will participate in all reasonable promoted activities in relation to the competition as requested by the Promoter and its agents.
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35. 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. 36. The Promoter’s decision is final and the Promoter will not enter into correspondence regarding the result. 37. Nothing in these Terms and Conditions limit, exclude or modify 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 State 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 competition. 38. 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. Applicable manufacturers and/or distributors should be contacted in regards to all prize warranty claims 39. As a condition of accepting the Major Prize, the winner (and any companion/s) 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. 40. The Promoter collects personal information in order to conduct the competition and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, and prize suppliers. Entry is conditional on providing this information. An entrant can gain access to, update or correct any personal information held by the Promoter by contacting the Promoter at the address specified in Condition 42. All personal information will be stored at the office of the Promoter. 41. By participating in the competition and also choosing to “opt-in”, an entrant also acknowledges that a further primary purpose for collection of the entrant’s personal information by the Promoter is to enable the Promoter to use the information to assist the Promoter in improving goods and services and to contact the entrant in the future with information on special offers or to provide the entrant with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future. The Promoter may share information with its Australian related companies or promotional partners who may contact the entrant with special offers in this way. By entering the competition and opting-in, an entrant acknowledges and agrees that the Promoter may use the entrant’s personal information in the manner set out in this condition. 42. The Promoter is LEGO Australia Pty. Limited, ABN 42 001 540 914 of Level 2, 1 Innovation
Road, North Ryde NSW 2113 in conjunction with TOYWORLD (Associated Retailers Ltd), ABN 42 004 520 030 of 169 Burnley Street, Richmond VIC 3121. LEGO, LEGOLAND, the LEGO and LEGOLAND logo and the brick configuration are trademarks of the LEGO Group ©2012 The LEGO Group. LEGOLAND CALIFORNIA IS A PART OF THE MERLIN
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ENTERTAINMENTS GROUP.
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