“ONE DIRECTION SERIES 2 PHOTO CARDS AUTOGRAPHED MERCHANDISE” PROMOTION 

TERMS AND CONDITIONS

  1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation and how to enter in this promotion is deemed acceptance of these Terms and Conditions.
  2. Entry is only open to Australian and New Zealand residents who have purchased three (3) Banter One Direction Series 2 photo cards from an Australian or New Zealand retailer. The purchase may be made prior to the Promotional Period.
  3. Entrants under 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.
  4. Employees (and their immediate families) of the Promoter 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 cousin.
  5. Promotion commences 01/07/2013 and final entries close at last mail received on 06/01/2014 (“Promotional Period”).
  6. To enter, individuals must complete the following steps during the Promotional Period:(a)  write their full name, age, mailing address, a valid email address and contact phone number on a piece of paper;(b)  attach three (3) original Banter One Direction Series 2 photo card wrappers (damaged and/or partial wrappers and/or wrappers from the Banter One Direction Series 1 photo card collection will not be accepted); and(c)  send together to One Direction Promotion, Banter Toys and Collectibles, PO BOX 5830, Cranbourne VIC 3977, Australia, so that it is received by last mail on 06/01/2014.
  7. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. 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.
  8. Incomplete, indecipherable, or illegible entries will be deemed invalid. Entries with damaged and/or partial Banter One Direction Series 2 photo card wrappers and/or wrappers from the Banter One Direction Series 1 photo card collection will be deemed invalid.
  9. Multiple entries permitted, subject to the following: (a) only one entry permitted for every three (3) original Banter One Direction Series 2 photo card wrappers submitted; and (b) each entry must be submitted separately and in accordance with entry requirements. For the sake of clarity, individuals that have purchased six (6) Banter One Direction Series 2 photo cards are eligible to submit two (2) entries, individuals that have purchased nine (9) Banter One Direction Series 2 photo cards are eligible to submit three (3) entries, etc., provided entries are submitted separately and in accordance with the above instructions.
  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 Banter Toys & Collectibles, 1 Chapel Street, Lynbrook, VIC 3975 at 12:00pm AEDST on 20/01/2014. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
  12. Winners will be announced on http://www.facebook.com/1dbanter and notified by email within 2 business days of draw date Monday 20 January 2014.|
  13. The Promoter’s decision is final and no correspondence will be entered into.
  14. The first thirty (30) valid entries drawn will each win individually autographed One Direction Officially Licensed Merchandise, valued at up to AU$350.00 per unit, dependent on exact item. Exact item awarded to prize winner will be determined by the Promoter in its absolute discretion. Prizes consist of five (5) framed One Direction autographed posters (valued at AU$350.00 each); five (5) autographed One Direction pyjamas (valued at AU$200.00 each); twenty (2) T-Shirt Packs, with each pack consisting of one (1) autographed One Direction T-Shirt and one (1) autographed One Direction photocard (valued at AU$100.00 per T-Shirt Pack).
    Prizes will be sent to winners within 60 days of published notification by standard registered postal service.
  15. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify a prize, subject to any written directions from a relevant regulatory authority.
  16. Subject to the unclaimed prize draw clause, if for any reason a winner does not take a 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.
  17. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
  18. Total prize pool value is up to AU$4,750.00
  19. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
  20. A draw for any unclaimed prizes may take place on 21/04/2014 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners, if any, will be notified by email within two (2) days of the draw, and their names will be published on http://www.facebook.com/1dbanter and in The Australian on 28/04/2014
  21. Entrants 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.
  22. 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) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
  23. 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 New Zealand or 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.
  24. 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) if the One Direction autographed merchandise is cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) taking of or participation in a prize.
  25. As a condition of accepting the prize, each winner 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.
  26. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. 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. All entries become the property of the Promoter.
  27. The laws of Australia apply to this promotion to the exclusion of any other law.  Entrants submit to the exclusive jurisdiction of the courts of Australia.
  28. The Promoter is Croftminster Pty. Ltd. trading as Banter Toys and Collectibles (ABN 11 007 061 314) of 1 Chapel Street, Lynbrook, VIC 3975, telephone (03) 9799 3422.

NSW Permit No. LTPS/13/03464, ACT Permit No. TP 13/01705.1