Official Rules for the Mamma’s Little Explorer promotion
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 emailing firstname.lastname@example.org. Entry is free. We may use, disclose, change and transfer such property. By entering, you agree that we may rely on there being no present or future obligation to pay any fee to anyone or to obtain anyone’s consent or to provide any form of attribution in connection with your entry.
- 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. 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 7AM on 22/05/18 and closes at 11.59 PM on 5/6/18. The winner will be contacted within 24 hours via email.
- Prize details: Details of prizes are 2 A reserve tickets to Disney on ice. We will not substitute a prize for money.
- Prize value: The total prize value does not exceed **AU$96** as of 22/5/2018. 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 not** involve an element of chance. The judging will be done by Mum’s Little Explorers. The winner will be selected based on the following judging criteria: (a) demonstrated level of enthusiasm for [**Disney on Ice (b) creativity (c) originality and (e) adherence to these Official Rules.” You agree to be bound by the judge’s decision as final.** We will aim to undertake the determination of the winner in a fair and transparent manner.
- 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 one week within which the person may claim their prize. If the 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.
- 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 by email within 2 business days of selection and we will otherwise aim to make all results available within 7 days after selection. 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 within 28 days after your selection as a winner by the following means, namely Mum’s Little Explorers. 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.
- 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.
- Law and our liability
- If you win a prize to participate in an Ice show as part of the Promotion: You acknowledge that if you win a prize to participate in an Ice show (the “Show”) as part of the Promotion, you or a person nominated by you (“the Nominated Person”) will be provided with the opportunity to sit in a sledge in the get up of a cart (“Cart”) and to be moved around the ice rink on which the Show is presented, (the “Cart ride”). If you accept that opportunity, you agree that the Cart ride is a recreational activity undertaken during the Show and you further acknowledge that participation in the Cart ride by you and/or the Nominated Person (subject to the acknowledgement in “Your Warranty regarding an unaccompanied Nominated Person” below) involves activities on and near ice and also involves risks which include any Obvious Risk and the following notified risks:
- a Nominated Person travelling in the Cart unrestrained and unaccompanied by you or an adult;
- stumbling, slipping and/or falling and/or coming into physical contact with the ice or another person or persons while entering or exiting the ice rink, or being on the ice, or being seated in, travelling in or exiting the Cart (“activities”) due to any act or failure to act by you or a Nominated Person or by a person assisting, or meant to assist you or a Nominated Person to undertake the activities or by any person on the ice rink or in the Cart;
- travelling to and from the place where the Cart ride is to occur;
- anything being thrown by a person including a person on the ice or a member of the audience at or toward or near the Cart ride, you, the Nominated Person or any person on the ice during the Cart ride;
- a person on the ice propelling, or meant to be propelling, the Cart, failing to control or to properly control (partly or at all) the direction or movement of the Cart;
- a collision or action being taken to avoid or minimise the risk of collision between the Cart and a person on the ice or any other thing on the ice;
- the Cart failing to remain on the ice or leaving the ice, either fully or partially; and
- any coming into contact with a person that has, or persons that have, an infectious or contagious illness or disease.
In this clause, propelling the Cart includes manually pulling or pushing the Cart, putting the Cart in motion, accelerating or decelerating the Cart, turning the Cart, and bringing the Cart to a stop.
To the extent permitted by Law, you voluntarily (a) assume and shall ensure that each Nominated Person voluntarily assumes all Obvious Risks and Notified Risks and (b) assume sole responsibility and decision making in respect of the safety and welfare of each Nominated Person in relation to the Cart ride. This includes to the extent permitted by law voluntarily assuming risks of any and all loss, injury or damage caused by, or arising from, an Obvious Risk or a Notified Risk.
- Your Warranty regarding an unaccompanied Nominated Person: You warrant that having regard to Obvious Risks and Notified Risks and the other terms of these Official Rules, you will only nominate and allow a Nominated Person to be involved in the Cart ride who is suitable for that involvement without being accompanied by you. A reference in the terms of these Official Rules to participation by you in the Cart ride excludes you being on the ice or in, or near, the Cart during the Cart ride.
- Safety requirements: Without limiting the “Your Warranty regarding an unaccompanied Nominated Person” in subclause 12.2, you agree to be bound by the procedures and specifications for the Cart ride, including requirements in the interests of safety including the maximum weight, size or height of a Child permitted to participate in the Cart ride (“Child’s characteristics”) which may be advertised as part of the Promotion of the Cart ride and/or otherwise notified to you prior to or, if reasonably appropriate, during the Cart ride. Devices which are required by individuals for mobility, such as wheelchairs, cannot be accommodated in the Cart for safety reasons.
- To the extent permitted by Law:
- neither of us is liable to the other for any liability loss, cost, damage, injury, expense or demand whatsoever and howsoever caused (including by breach of contract or tort, by default or negligence, pursuant to any occupier’s liability and by breach of privacy rights) arising from the participation by you and/or a Nominated Person in the Cart ride;
- each party releases and indemnifies the other from any liability loss, cost, damage, injury, expense or demand whatsoever and howsoever caused (including, without limitation, by breach of contract or tort, by default or negligence, pursuant to any occupier’s liability and by breach of privacy rights) and arising from the participation by you and/or a Nominated Person in the Cart ride; and
- if, notwithstanding the preceding clauses 4(a) and (b), either party becomes liable to compensate, or does so compensate, the other party for any liability, loss, cost, damage, injury, expense or demand arising from the participation in the Cart ride by you and/or a Nominated Person in the Cart ride, then the parties agree that their liability to each other is limited to the cost of the Cart ride. If contrary to clauses 12.4(a) and/or (b), we become liable to compensate, or do so compensate, a Nominated Person, then you agree to indemnify and reimburse us for that compensation.
- If any or all of clauses 12.4(a), (b) and (c) for any reason do not apply, and the Show takes place in Australia, then we as a corporation supplying recreational services in Australia are permitted in Australia under sections 64 and 139A of the Australian Consumer Law to limit liability for death or personal injury in relation to the supply of those recreational services and, to the extent permitted by Law, we limit our liability for death or personal injury in relation to the supply of those recreational services to AUD100,000 per occurrence.
- You are responsible for each Nominated Person. You warrant that you are a person legally responsible for each Nominated Person, are able to enter into the terms of these Official Rules on behalf of or in connection with the Nominated Person and agree to be responsible in all respects for each Nominated Person.
- You agree that we have no obligation to run the Cart ride in any Show.
- Participation of a Nominated Person in the Cart ride is at our absolute discretion.
- We can withdraw the participation of, or cease the participation of, a Nominated Person in the Cart ride at any time before or during a Cart ride and a Nominated Person may be refused access to, or removed from, the Cart by us at any time. Other than a refund of any price actually paid by you to participate in the Cart ride (which you agree will be your sole remedy), we will not be liable for any loss, cost or other harm suffered by you or a Nominated Person nor shall we be liable to satisfy any claim by or pay any compensation to you or a Nominated Person arising from us exercising our discretion under this clause.
- In this clause 12:
- Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any applicable similar consumer protection laws in the states and territories of Australia that mirror the provisions of that schedule.
- Cart, Cart ride, Nominated Person, Notified Risks and Show have the meanings given above;
- Child permitted to participate in the Cart ride means a person between the ages of 4 and 10 years of age who meets the Child’s characteristics in subclause 12.3;
- ice includes the ice rink and other locations on which performers perform in the Show;
- ice rink includes a gate or other access point to the rink and any surround or border delineating the rink;
- Law means either laws applicable in Australia exclusively or laws applicable in New Zealand exclusively, such that if the Show takes place in Australia, the law of the State where the Show occurs and in Australia includes the Australian Consumer Law as well as any applicable State and Federal law to that State or if the Show takes place in New Zealand, the laws of New Zealand including the Fair Trading Act 1986 and the Consumer Guarantees Act
- Obvious Risk means a risk that is generally known as arising from the Cart ride or which ought to be reasonably known to you and/or a Nominated Person; and
- State means the State or Territory of Australia where the Show attended by you actually occurs.
End of versions 1 and 2**
- 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 **insert the following for an Australian promotion: ‘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.’ insert the following for a New Zealand promotion: ‘the Fair Trading Act 1986 (NZ) and the Consumer Guarantees Act 1993 (NZ)
- 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;
- **delete this if FEA is the promoter**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 are Mum’s Little Explorers, www.mumslittleexplorers.com. The promotion is not associated with or approved by The Walt Disney Company. This promotion is not associated with Facebook.