General

1.1 These Terms and Conditions incorporate all information on how to enter the ToyMonster 2024 Christmas Giveaway. Participation in this promotion is deemed acceptance of these Terms and Conditions.

1.2 To the extent of any inconsistency between these Terms and Conditions and any other reference to this promotion, these Terms and Conditions prevail.

1.3 The Promoter is N J Services Pty Ltd ACN 126 878 537 of 456 North Road, Ormond, VIC, 3204, Australia.

Who can enter

2.1 Entry is available in Australia only.

2.2 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.

2.3 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, stepgrandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, stepsister or first cousin.

When and how to enter

3.1 The promotion commences at 9am AEST on 11 December 2024 and closes at 11:59pm AEST on 15 December 2024 (“Promotional Period”). Entries must be received during the Promotional Period to be eligible to enter. No entries will be accepted outside of the Promotional Period.

3.2 To enter, individuals must, during the Promotional Period

Be following @toymonster_international (for the Instagram promotions)

Tag a friend in the corresponding Instagram/Facebook post

Comment a response to the prompt “What is your ultimate Christmas gift?”

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 reserves the right, in its reasonable discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms

and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct that jeopardises the fair and proper conduct of the promotion. 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.

The Promoter accepts no responsibility for any entries not uploaded or received during the Promotional Period.

The Promoter does not have (whether directly or indirectly) any association, sponsorship, endorsement, or affiliation with any Qualifying Website.

Limit on entries

4.1 Entrants are permitted to participate on more than one occasion, by tagging an unlimited number of people.

Judging of entrants

5.1 This promotion is a game of skill. Chance plays no part in determining the winner/s.

5.2 All valid entries will be judged based on originality and creativity (as determined by the Promoter in its sole discretion).

5.3 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.

5.4 Winner determination:

the winner/s will be announced on 16 December 2024.

the winner/s will be notified via social media within a reasonable time period after the end of the Promotional Period. In addition, the Promoter may also announce the winners on its own social media platforms. Winners have seven days from the date of that announcement to reply to the Promoter. If for any reason a winner does not take or claim a prize (or an element of a prize) within that time, then the prize (or that element of the prize) will be forfeited.

5.5 The Promoter’s decision is final and binding on each entrant and no correspondence will be entered into in relation to the decision.

Prize

6.1 The top valid entrant (total 1 winner) (as judged by the Promoter in accordance with these Terms and Conditions) will win a prize corresponding to the giveaway post they have entered.

Giveaway Gift valued at over $150:

1 x Ravenous Raptors – AUD $30

5 x Jurassic Colour Change Surprise Egg – AUD $35

1 x Crystal Gaze – AUD $39

1 X Large Pour Pal – AUD $12

2 x Pour Pal keyring – AUD $10

1 x Trend Hub Quick Pop – AUD $10

1 x Trend Hub Magic Cube – AUD $4

1 x Trend Hub Game Pad – AUD $12

1x Trend Hub Orbit Cube - AUD $8

1 x Water Art 8x Pack – AUD $6

If a winner of any prize is under the age of 18 years, the prize will be awarded to the winner’s nominated parent or guardian on the winner’s behalf.

If a prize (or part of a 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.

Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.

The Promoter will endeavour to mail/ship Prizes within a reasonable time after the end of the Promotional Period.

Conditions of entry

7.1 Each entrant agrees that it is fully responsible for any materials it creates as part of the promotion including, but not limited to, comments, recordings and images (“Content”). The Promoter is not liable in any way for such Content and excludes liability in respect of that Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever.

7.2 Each entrant warrants and agrees that:

it will not submit any Content that is unlawful or fraudulent, may breach any third party intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, discriminatory with respect to race, religion, origin or gender, or otherwise unsuitable for publication;

its Content will not contain viruses, malicious code or cause injury or harm to any person or entity;

it will obtain prior consent from any person or from the owner(s) of any property that appears in its Content;

the Content is the original artistic or literary work of the entrant and does not infringe the rights of any third party; and

it consents to any use of the Content which may otherwise infringe the

Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrants that it has the full authority to grant these rights.

Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.

7.3 As a condition of entering this promotion, each entrant:

licenses and grants the Promoter, its affiliates and sub-licensees a non exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which includes Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability; and

consents to the Promoter using their name, likeness, image and/or voice (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.

Further terms and conditions

8.1 If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated (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:

to disqualify any entrant; or

subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.

8.2 Nothing in these Terms and Conditions limits, excludes, modifies or purports to limit, exclude or modify any implied warranties under similar consumer protection laws (“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 this promotion including as a result of:

any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);

any theft, unauthorised access or third party interference;

any entry that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) or any prize shipment or delivery that is late, lost, stolen, altered, damaged or misdirected due to any reason beyond the reasonable control of the Promoter;

any variation in prize value to that stated in these Terms and Conditions;

any tax liability incurred by a winner or entrant; or

use of a prize.

8.3 Any cost associated with accessing the promotion is the entrant’s responsibility. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.

Privacy

9.1 The Promoter collects personal information 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 relevant regulatory authorities, and may also use and handle personal information as set out in its privacy policy. 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.

9.2 Visit https://toymonster.net/privacy-policy/ to view the Promoter’s privacy policy.