Battroborg Game – Instant Win Various Prizes
Instant Win prizes!
The person to achieve the highest score on the leader board will receive:
2 x Arena 2 Packs and 4 x Single Battroborg Robots, valued at $399.70.
There will be 25 Single Battroborg’s valued at $49.95 ea, to be won instantly throughout the promotion.
Battroborg Game’ (“Promotion”)
Terms and Conditions
1. The Promoter is TOMY Australia Pty Ltd (ABN 39 082 154 121) of 942-956 Taylors Road, Dandenong South VIC 3175.
2. Information on how to enter, mechanics of entry, and prizes form part of these Conditions of Entry. Entry into the Promotion is deemed acceptance of these Conditions of Entry. Entry is by Internet only.
Promotion Dates
3. Promotion commences at 10:00am (AEST) on 15/10/2013 and closes at 11:59pm (AEDST) on 24/12/2013 (“Promotion Period”).
Entry Eligibility
4. Subject to clause 7, participation in this Promotion is only open to those persons who:
a) are Australian residents; and
b) are aged 13 years of age or over.
5. Individuals aged between 13 and up to 18 years must have parental/guardian approval to participate in this Promotion. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this Promotion.
6. Individuals entering/inviting via Facebook Connect must have a valid Facebook account.
7. Employees (and their immediate families) of the Promoter and its 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 cousin.
How to Enter and Limit on Entries
8. For an individual to become an “entrant” and have a chance to win a prize all of the following must occur during the Promotion Period:
a) The individual must visit the promotional website battroborgchallenge.com.au;
b) The individual must follow the prompts to the entry page and register their details by using the Facebook Connect application or by completing the registration form and including their first and last name and valid email address. Once an individual registers, they will given log in details that they can use to access the website on future visits;
c) The individual must select their Battroborg character (out of the characters available on the website) and follow the prompts to play the promotional Battroborg game (“Game”);
d) Once the Game ends, the individual will have the option to share their score via Facebook and/or Twitter (by following the prompts on screen), however this is not mandatory; and
e) The individual must then select one (1) or more friends (who meet the eligibility criteria outlined in the “Entry Eligibility” section above) to ‘battle’ against by sending their chosen friend(s) an email or a Facebook notification. Individuals can send the email or the Facebook notification by following the prompts on screen to provide the required information. Once the individual has sent the invitation, their friend(s) will receive an email or a Facebook notification (as per the type of invitation the entrant elects to send) inviting them to ‘battle’ and containing a unique link. The invited friend(s) must then click on the unique link within three (3) days of the link being sent to them and follow the prompts to register and play the Game. Individuals should only invite friends/family members with whom they have a direct relationship and who consent to receiving information about these types of promotions.
If, within three (3) days of the unique link being sent, at least one (1) of the individual’s invited friends follows the unique link, registers and plays the Game, the individual’s Game score will be published and ranked on a leaderboard featured on the website and the individual will become an “entrant” (and will have a chance to win a prize). For the avoidance of doubt, the individual’s score will only be published once on the leaderboard, regardless of whether one (1) or more friends follow the individual’s unique link and play the Game.
9. Individuals who register and play the Game by following a unique link in an invitation will also be able to become an “entrant” by following the relevant steps outlined above.
10. Each individual can only register once, however, each individual can play the Game multiple times to try and improve their Game score. Each time an individual plays the Game, they will be required to choose a friend(s) to battle against in that particular Game (and that friend(s) will receive a message with a unique URL relating to that Game). An individual’s Game score will only be recorded on the leaderboard if: (a) at least one (1) of their invited friend(s) follows the unique link for that particular Game and plays the Game by following the instructions within three (3) days of the unique link being sent; and (b) the score from that Game is higher than any of the individual’s previous Game scores. For the avoidance of doubt, only the entrant’s highest Game score will be displayed on the leaderboard.
Winner Determination Process and Prizes
11. This promotion contains elements of skill and elements of chance. The Game will involve ‘hotspots’ dropping in a random pattern from top to bottom over the player’s chosen Battroborg’s fists. As the ‘hotspots’ fall, players must move their Battroborg (using selected keys on their keyboard) to hit the ‘hotspots’ as they pass over the Battroborg’s fists. Points will be awarded for each successful hit. Drop speed of the ‘hotspots’ will increase as the game progresses and if three (3) ‘hotspots’ are missed the Game will end. Full instructions about the Game will be available on the website, prior to the Game being played. The leaderboard on the website will contain and rank all Game scores by all entrants who satisfy the above entry requirements. For the avoidance of doubt, whether or not an individual achieves a higher score against their friend will not be what determines whether or not a prize is won. Rather, prizing will be awarded randomly and also based on who achieves the highest Game score out of all entrants who play the Game during the Promotion Period (as outlined below).
12. Subject to verification, the entrant who achieves the highest score in a Game over the entire Promotion Period (and is therefore ranked as number (1) on the leaderboard as at the end of the Promotion Period) will win the major prize valued at $399.70, consisting of 2 x Arena 2 Packs and 4 x Single Battroborg Robots.
13. Random prizes will also be awarded throughout the Promotion Period. The exact “winning times” when random prizes will be awarded will be determined by the Promoter in its absolute discretion. Individuals will only be able to win a random prize once they become an “entrant”. There will be a total of twenty five (25) Single Battroborg Robots to be randomly awarded, valued at $49.95ea. Once an individual becomes an “entrant”, they will be notified in writing via email if they have won a prize randomly.
14. In the event of a tie for the major prize between two (2) or more individuals, the tied individuals will be ranked in order of entry submission (with the individual who achieved the high score first being ranked highest and winning the prize). In the unlikely event of an even further tie for the major prize between two (2) or more individuals who have the same highest score that was achieved at the same time, the tied entrants will be placed into a random draw in order to allocate the relevant prize. Any such prize draw will take place at Oxygen Marketing, Level 1, 16 Palmer Parade, Cremorne, VIC 3121 at 11:00am (AEDST) on08/01/2014.
15. The major prize winner will be notified by telephone and in writing, and their name will be published in the Australian on 14/01/2014.
16. The total prize pool value for this Promotion is $1,648.45. All prize values are in Australian dollars.
Unclaimed prizes
17. If any prize remains un-awarded or unclaimed three months after the end of the Promotion Period (or the draw for the major prize if required), a prize draw will take place at Oxygen Interactive Marketing, Level 1, 16 Palmer Parade Cremorne VIC 3121 at 10:00am (AEDST) on 10/04/204, subject to any directions from a regulatory authorities.
18. All entrants that were not awarded a prize during the Promotion Period will go into the unclaimed prize draw.
19. Any winners will be notified by telephone and in writing, and their name will be published in The Australian on 14/04/2014.
Entry and Prize Conditions
20. The Promoter reserve the right, at any time, to verify the validity of all entries and the eligibility of all individuals, including their identity, age, place of residence and Game score and to disqualify any individual who submits an entry, score or invitation that is not in accordance with these Terms and Conditions or who tampers with the entry and/or the Game process. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of their rights at any stage does not constitute a waiver of those rights.
21. Individuals are not permitted to have multiple email accounts or represent a fictitious person. The Promoter can disqualify any individuals with more than one email account who enter the Promotion.
22. Incomplete or indecipherable entries and scores will be deemed invalid.
23. If there is a dispute as to the identity or eligibility of any person, the Promoter reserves the right, in their sole discretion, to determine the identity and eligibility of that person.
24. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter or submit, produce or distribute invites, scores or any other materials is prohibited and will render all entries/invites/scores for that individual invalid.
25. Any costs associated with becoming eligible to apply, applying or participating in this Promotion such as internet access or download costs, will be at the cost of each individual and will depend on their Internet service provider.
26. The Promoter’s decision in relation to any aspect of this Promotion, including the selection of any winner and the criteria applied by the Promoter in determining the winners, is final and binding on every person who enters. No correspondence will be entered into.
27. The prizes (and parts thereof) are not transferable or exchangeable and cannot be taken as cash.
28. If a prize is unavailable, the Promoter, in its discretion, reserves the right to substitute all or any part thereof with a product or prize to the equal value and/or specification, subject to approval by the relevant regulatory authorities.
29. Should an entrant’s contact details change during the Promotion 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.
30. The Promoter accepts no responsibility for loss or damage to prizes in transit. To the extent permitted by law, the Promoter makes no representations or warranties as to the quality/suitability of any of the goods/services offered as prizes.
31. As a condition of accepting any prize, a winner or recipient of a prize may be requested to sign legal documentation as and in the form required by the Promoter in its absolute discretion, including but not limited to a legal release and indemnity form.
32. If a winner does not accept a prize at/by the time specified by the Promoter, then that prize will be forfeited.
33. All values and amounts that appear in these Terms and Conditions are inclusive of GST (where GST applies).
Submission of Content or Material
34. When any individual submits, produces or distributes any material for this Promotion including, but not limited to messages (“Content”), the individual, unless the Promoter advises otherwise, licenses and grants the Promoter, their affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. Individuals agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.
35. Entrants agree that they are fully responsible for the Content they submit, produce, share and/or distribute. The Promoter shall not be liable in any way for such Content to the full extent permitted by law.
36. The Promoter may remove any Content that does not comply with these Terms and Conditions. Entrants warrant and agree that:
a) they will not submit, produce, share or distribute any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 16 or otherwise unsuitable for publication;
b) they will obtain prior consent from any person in respect of that person or their property that appears in their Content;
c) they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein;
d) their Content shall not contain viruses or cause injury or harm to any person or entity;
e) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.
37. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
Variations to the Promotion
38. The Promoter may, in its absolute discretion, but subject to State and Territory law, modify, suspend, cancel or recommence this Promotion, as appropriate, if:
a) for any reason, this Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion; or
b) the entry process, the determination of the prize winners and/or the delivery of the prizes is prevented or hindered by any outside agent or event including but not limited to vandalism, power failure, tempest, natural disaster, acts of God, civil unrest or strikes or other industrial action.
39. Where the Promoter does modify, suspend, cancel or in any way amend the Promotion, the Promoter will provide notice of this on the relevant promotion page (if any) subject to regulatory approval.
Limitation of Liability
40. 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.
41. Except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees, the Promoter (including its 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 out of the following:
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 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) participation in the Promotion or use/redemption of a prize.
These clauses do not affect, and are not intended to affect, any rights a consumer might have, which are not able to be excluded under applicable Australian consumer protection laws.
42. Participation in this Promotion is considered acceptance of the following:
· a complete release of Facebook by any individual or participant;
· an acknowledgement that this Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook; and
· that the information provided by each entrant is provided to the Promoter (as detailed in these Terms and Conditions) and not to Facebook.
43. Participation and entry in this Promotion is conditional upon the individual complying with all rules, regulations and guidelines set down by Facebook.
44. Individuals acknowledge that their Facebook profile photograph may be featured on the promotional page and/or any associated Facebook page for public viewing. Facebook membership and the use of Facebook generally are subject to the Facebook prevailing terms and conditions of use available at www.facebook.com. Individuals understand that they are providing their information to the Promoter and not to Facebook. individuals are solely responsible and liable for the content of their entries and any other information they transmit to other Internet users. To the extent permitted by law, each individual agrees to indemnify, defend and forever hold harmless, Facebook and its associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by an individual in respect of their participation in the promotion. Any questions, comments or complaints about this Promotion must be directed to the Promoter and not to Facebook.
Use of personal information and image/voice
45. Individuals 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.
46. The Promoter collects personal information in order to conduct this Promotion 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. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter.
47. All entries into this Promotion become the property of the Promoter.
48. The Promoter’s privacy policy can be viewed at http://tomy.com/privacy-policy
General
49. If any term agreement or condition of these Terms and Conditions or the application thereof to any person or any circumstance shall be or become illegal, invalid or unenforceable, the same shall be read down, if such reading down is possible, and if found to be impossible, shall be severed and the remaining terms and agreements and conditions shall not be affected.
This Promotion is authorised under permit numbers: NSW LTPS/13/07891, ACT: TP 13/03541.
