Big W-UHU Super Mario Glue – Win a Nintendo Switch Valued At

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FABER-CASTELL AUSTRALIA – UHU SUPER MARIO 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.
2. The Promoter is A.W Faber-Castell (Aust) Pty Ltd, ABN 40 000 512
130, of 15 Gibbon Road, Winston Hills NSW 2153 (the “Promoter”).
WHO CAN ENTER?
3. Entry is only open to Australian residents. Entrants under 18 years of
age must have a parent’s or guardian’s consent to enter, and such
parent or guardian must sign such documentation as provided by the
Promoter to confirm such consent upon request.
4. Employees and immediate families of the Promoter and their related
entities and associated agencies 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, brother,
sister, step-brother, step-sister or first cousin.
HOW TO ENTER
5. Promotion commences at 12.01am AEST on 01/01/2021 and closes at
11.59pm AEST on 31/01/2021 (“Promotional Period”).
6. To enter, entrants must undertake the following during the Promotional
Period:
(a) Purchase any three participating UHU Super Mario products in one
transaction as set out below at Big W:
UHU Super Mario Glue Stic 40g
UHU Super Mario Blue Stic 40g
UHU Super Mario 4x40g Glue Stic Multi-pack
UHU Super Mario 4x40g Blue Stic Multi-pack
UHU Super Mario 3x21g Multi-pack
UHU Super Mario 6x21g Multi-pack
(b) Visit the promotional website supermarioau.uhu.com (“the
Website”);
(c) Complete the mandatory fields – name, contact number, email
address, Big W receipt number, products purchased and date.
7. The Promoter’s decision is final and no correspondence will be entered
into.
8. Limit one (1) entry per person per receipt. Entrants must retain their
original receipt(s) and provide them on request by the Promoter.
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9. The Promoter reserves the right, at any time, to verify the validity of
entries and entrants 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, provided false
information, 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. Incomplete or indecipherable entries will
be deemed invalid.
10. 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.
11. The draw will take place at 11B Gibbon Road, Winston Hills NSW 2153
at 12 pm on 15/02/2021.
12. The first 50 valid entries drawn will win a Nintendo Switch valued at
RRP $469 each.
13. The winners will be contacted by email within 2 NSW business days
and published on the Website for 28 days from 23/02/2021.
14. The draw for any unclaimed prizes will take place on 18/05/2021 at the
same place and time and time as the original draw, subject to any
directions from a regulatory authority. Winners, if any, will be notified by
email and published on the Website on 19/05/2021.
15. To the fullest extent permitted by law, the Promoter shall not be
responsible for and cannot be held liable for any element of the prize
which is delayed or lost in transit or any other occurrence that is out of
the reasonable control of the Promoter.
16. If any prize is unavailable due to any reason beyond the reasonable
control of the Promoter, then the Promoter may replace the prize with a
prize of equivalent value and specification, subject to any directions
from a regulatory authority.
17. The total prize pool value is $23,450.
GENERAL
18. If, for any reason, a winner does not take the prize (or an element of the
prize) by the time stipulated by the Promoter, then the prize (or that
element of the prize) will be forfeited and cash will not be awarded in
lieu.
19. Any cost associated with entering the promotion, or any 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
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entrant to automatically enter repeatedly is prohibited and will render all
entries submitted by that entrant invalid.
20. In the case of the intervention of any outside act, agent or event
which prevents or significantly hinders the Promoter’s ability to proceed
with the promotion on the dates and in the manner described in these
Terms and Conditions, including but not limited to technical or
telecommunications problems (including security or data breaches),
fraud, vandalism, power failures, tempests, natural disasters, acts of
God, civil unrest, strike, war, act of terrorism, the Promoter may in its
absolute discretion modify, cancel, terminate or suspend the promotion,
and/or recommence it from the start on the same Terms and
Conditions, subject to any directions from a regulatory authority.
21. The Promoter and its associated agencies and companies assume no
responsibility for any error, omission, interruption, deletion, defect,
delay in operation or transmission, communications line failure, theft
or destruction or unauthorized access to, or alteration of entries, and
reserves the right to take any action that may be available.
22. 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.
23. 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) acceptance or use of the prize.
24. It is a condition of taking the prize that the winner may need to sign a
legal release and indemnity in a form determined by the Promoter.
25. Entry details are collected by and remain the property of the
Promoter and its related entities for the purpose of conducting and
promoting this promotion, including for the purpose of identifying and
notifying winners and understanding our audiences. The Promoter
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will handle your personal information in accordance with its Privacy
Policy which is available at http://www.faber-
castell.com.au/legal/data-privacy (and which contains information
regarding how you can access your personal information, correct it
and/or make a complaint about our handling of your personal
information). By providing your personal information, you agree to the
terms of our Privacy Policy. Without limiting the foregoing, the
Promoter may disclose the entrant’s personal information to its related
entities, business partners and external service providers for the
purpose of processing and conducting the promotion, for promotional
purposes surrounding the promotion, research and profiling purposes,
and for other purposes reasonably related to the entrant’s relationship
with the Promoter. In addition, by entering this promotion, you consent
to the Promoter using your personal information for the purpose of the
Promoter’s and its related entities sending you information regarding
programs, products and services available through them and/or
through their business partners, and to the Promoter sharing your
personal information with its related entities for the purpose of those
entities sending you such information directly. The Promoter will
always provide you with the ability to opt out of those communications.
SA License number: T20/932; ACT Licence number: TP 20/01052; NSW
Licence number: TP/00139