The Wiggles - Tree Of Wisdom Dance Competition

1. Background and Introduction

(a) These are the General Competition Terms that govern the relationship between you and the Promoter when you enter this Competition and should be read in conjunction with the Schedule in the above table to form the complete terms and conditions for this Competition (Terms and Conditions).

(b) By submitting an entry into this Competition, entrants warrant that they have read, understood and agree to be bound by these Terms and Conditions

(c) To the extent that there is any inconsistency between the Schedule and the General Terms, the Schedule will prevail.

2. Length

(a) This Competition will commence at the time set out in Item 8 of the Schedule and will conclude at the time set out in Item 9 of the Schedule. Entries received outside of these times will not be eligible.

3. Conditions of Entry

(a) Entrants restricted from entry in Item 6 of the Schedule will not be eligible to enter the Competition and will be disqualified.

(b) The employees, independent contractors, interns, officers and directors of the Promoter, any of its affiliate, parent or subsidiary companies, or any promotional and advertising agencies/agency, suppliers and immediate family members and/or those living in the same household of each are not eligible to enter the Competition.

(c) Entrants cannot be a spouse, de facto spouse, parent, child or sibling (whether full, half, step or by adoption) of any person included in 3(b).

(d) Persons may not enter or participate in it on behalf of any third party.

(e) Costs to enter the Competition will depend on the method of entry and you should seek the permission of the person paying the internet bill before entering. The cost to enter via the Internet may vary so entrants should check with their network operator for current charges.

4. Entry Mechanisms

(a) The Competition can be entered by the method set out in Item 7 of the Schedule.

(b) To enter, entrants must follow any requirements including submitting entries or answering any questions set out in Item 7 of the Schedule.

(c) Any person who fails to provide the full information in the manner requested as part of the entry process will not be eligible for any Competition prize. Specifically, inaudible, incomplete, incomprehensible or late entries (whichever is applicable) will not be eligible and will be disqualified, including entries attempted to submit prior to the Competition start date.

(d) The Promoter reserves the right to disqualify any entry which in the reasonable opinion of the Promoter includes any content which may be unlawful, profane, inflammatory, defamatory to any person and/or damaging to the goodwill or reputation of the Promoter.

(e) Unless otherwise agreed, any personal or confidential information submitted to the Promoter by any person in the course of entering or being otherwise involved in this Competition such as name, address, telephone number will be treated in accordance with Clause 14(c).

(f) Any person who fails to provide the full information in the manner requested as part of the entry process will not be eligible for any Competition prize.

(g) The Promoter reserves the right to verify the validity of entries and to disqualify any entrant who

tampers with the entry process, or who submits an entry/claim which is not in accordance with these Terms and Conditions.

5. Competition - Judging

(a) The decision of the judges is final and the Promoter will not enter into correspondence or communication regarding the judges’ decisions even where the Promoter may not have acted reasonably or where the Promoter is shown to have made a decision in error.

(b) Subject to State regulations, in the event that the Promoter becomes aware that the same person has been selected as a prize winner more than once, the Promoter will cause another name to be selected in their place.

6. Judging

(a) The Competition will be judged by the date listed in Item 10 of the Schedule at the location specified in Item 10 of the Schedule.

(b) Winning entries will be selected by appropriately qualified judges on the quality and creativity of their entry submitted in accordance with Items 7 and 9 of the Schedule. Where more than one judging criterion is set out in the Schedule, equal weighting will be given to each of the criteria unless otherwise specified in the Schedule.

7. Notification to Prize Winner(s)

(a) Prize winner(s) will be notified by the date listed in Item 12 of the Schedule.

(b) Prize winner(s) will be notified by the method listed in Item 13 of the Schedule based on the details provided in the entry. All reasonable efforts will be made to contact prize winner(s).

(c) Where the Promoter is unable to contact a prize winner after reasonable efforts, the Promoter may award the prize to the entry judged to be the next-best entry according to the judging criteria as judged by the original competition judges.

8. Prizes

(a) The prize(s) for the Competition is/are as set out in Item 15 of the Schedule.

(b) The Promoter takes no responsibility for variations in the prize value.

(c) Subject to Clause 7(f), no prize in this Competition will be transferable or redeemable for any other prize, including but not limited to cash, and an entrant will not be given cash in lieu of any prize.

(d) A winner will automatically forfeit their prize and another winner will be selected in their place if the winner is found or is reasonably suspected to be on-selling the prize to any other third party in exchange for payment (monetary or otherwise) or other goods or services, regardless of whether or not such payment, goods or services are equal to or greater than the value of the prize.

(e) If a prize referred to in this Competition becomes unavailable for any reason the Promoter reserves the right to substitute a similar item of similar value, including in its sole discretion, providing the prize winner with cash to the value of any prize, subject to regulatory authority approval for games of chance.

(f) Any tax payable as a result of a prize being awarded or received will be the responsibility of the winner. Winners should seek independent financial advice prior to accepting a prize if this is a concern.

9. Awarding Prizes

(a) Once a prize has been collected or delivered the Promoter is not responsible for the use or distribution of any prize.

(b) All prizes are subject to availability and must be used on any dates specified in these Terms and Conditions by the Promoter.

(c) If a prize winner does not take any element of a prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner. Cash will not be awarded in lieu of that prize or any part of it.

(d) The Promoter will not be responsible for replacing or retrieving any prize sent to an incorrect address based on incorrect details provided by an entrant.

(e) The Promoter is not liable for any loss or damage whatsoever suffered (including but not limited to direct or consequential loss) or for personal injury suffered or sustained, as a result of taking any prize under this Competition, except to the extent that such liability cannot be excluded by law.

(f) The Promoter reserves the right to exclude persons from the Competition on the ground of their medical condition or history, for the safety of the Promoter’s staff members or others or for any other reason, for example, bringing the Promoter’s brand into disrepute. The Promoter also reserves the right to disqualify contestants if:

(i) a contestant at any stage engages in, causes or incites physical violence, inappropriate, illegal, unsociable or unsafe behaviour; and/or

(ii) a prize winner is abusive, aggressive, confrontational or acts unreasonably in the Promoter’s sole discretion; and/or

(iii) the safety of any of the Promoter’s staff member is compromised.

(g) Prize winners agree to participate in any promotional activity promoting the Promoter, prize sponsors and/or the Competition at the reasonable request of the Promoter.

10. Intellectual Property

(a) The Promoter may record, reproduce, publish, adapt, communicate or otherwise use the entrants’ and/or prize winners’ performances, names, voices, and likeness for the purposes of creating or producing any television program or other audio, visual and/or audio-visual material and for advertising and publicity purposes in any media in perpetuity without needing to provide additional compensation.

(b) Each Competition entrant grants the Promoter a non-exclusive, irrevocable license for use throughout the world in any and all media in perpetuity in relation to any material, including without limitation Competition entries and images and/or audio-visual material included in Competition entries, submitted or provided by a Competition entrant, and/or prize winner in association with any Competition. The Promoter may reproduce, publish, adapt, communicate, cause to be seen and/or heard in public, license to third parties involved in the Competition or otherwise exploit use of any such material throughout the world in perpetuity and without needing to provide additional compensation to the Competition entrant.

(c) To the extent that any entrant or prize winner holds any moral rights in the materials provided as part of the entry or created as a result of this Competition, the entrant or prize winner hereby consents to any act that, but for this consent, would be considered to breach those moral rights.

(d) The Promoter may require an entrant or prize winner to execute any document necessary to give effect to 9(a), (b) and/or (c).

11. Warranties

(a) Each entrant warrants and represents to the Promoter that nothing in his/her entry / entries to this Competition infringes the rights, including copyright, of any third party and is not defamatory or obscene and does not breach any state or Commonwealth law.

(b) Each entrant indemnifies and holds harmless the Promoter, its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors against any claim, loss or damage suffered by the Promoter as a direct or indirect consequence of a breach by the entrant of any warranty or representation contained in these Terms and Conditions, for misuse of any Prize, unauthorized activity in connection with the Competition, technical errors or any kind, printing errors, lost, late, postage due, misdirected posted items or undelivered mail.

(c) If the Promoter becomes aware a prize winner is in breach of a warranty in these Terms and Conditions or made subsequently to the Promoter, the Promoter may deem that winner ineligible.

12. Privacy

(a) The Promoter’s Privacy Policy is located at www.thewiggles.com/privacy-policy

(b) We respect your rights to privacy under the Privacy Act 1988 (Cth) (Act), as amended, and we comply with the Act’s requirements in respect of the collection, management and disclosure of your personal information, along with notification requirements regarding an eligible data breach.

(c) The Promoter makes no representations or warranties in relation to the privacy practices of any third party website, and is not responsible for the privacy policies or the content of any third party website, including without limitation any social media site (including without limitation, Instagram). Third party websites are responsible for informing you about their own privacy practices.

(d) In order to conduct the Competition, the Promoter may collect personal information, being information that can be used to personally identify entrants, or information that entrants are reasonably identifiable from, including without limitation, each entrant’s name, age, residential and/or mailing address (including postcode), telephone number, email address, profession, occupation or job title, IP address, nationality and/or passport and/or personal identification information (“Personal Data”).

(e) The provision of such Personal Data may be a condition of entering any competition run by the Promoter. For competitions, the Promoter may be required to collect some Personal Data under the state gaming legislation applicable to the state in which the competition is being held.

(f) The Promoter may disclose Personal Data to third parties, including without limitation, the Promoter’s parents, related and subsidiary companies, past present and future officers, agents, representatives, employees, contractors and assigns, service providers, prize suppliers in connection with the Competition. For the avoidance of doubt, such third parties may be located outside of Australia in accordance with our Privacy Policy.

(g) The Promoter may use such Personal Data:

i. in connection with the Competition which the entrant entered, including without limitation for the purposes of sending electronic messages, social media communications, VOIP communications and/or telephoning entrants;

ii. as set out in these terms and conditions; and

iii. in accordance with the Promoter’s Privacy Policy, located at: www.thewiggles.com/privacy-policy.

(h) Personal Data will be entered into a database and will be stored at the office of the Promoter.

(i) Entrants may request to access, edit, correct and/or opt-out their Personal Data in accordance with the Promoter’s Privacy Policy by contacting the Promoter on privacy@thewiggles.com.au

(j) Entrants may direct any complaint related to treatment or use of their Personal Data to privacy@thewiggles.com.au that will be dealt with in accordance with the Promoter’s privacy policy.

(k) By entering the Competition and agreeing to these terms and conditions, each entrant consents to the Promoter’s use of their Personal Data as set out in this clause 11 of these terms and conditions and in accordance with the Promoter’s privacy policy.

13. Miscellaneous

(a) If for any reason this Competition is not capable of running as planned as a result of any (including but not limited to) technical failures, unauthorised intervention, use of bots, macros, scripts, computer virus, mobile phone failure, tampering, fraud or any other causes beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Competition, the Promoter reserves the right (subject to State/ Territory regulations) to cancel, terminate, modify or suspend the Competition and/or any draw/s or judging related to the Competition

and/or to disqualify any individual who (directly or indirectly) causes the same.

(b) The Promoter shall not be liable for a delay in performing or partial or total failure to perform any of its obligations to the winner(s) and/or parent(s)/legal guardian(s) under these Terms and Conditions if such delay or failure is caused by circumstances beyond the Promoter’s reasonable control including without limitation delays, changes, disruptions, cancellations, diversions or substitutions howsoever caused including without limitation as a result of war, pandemic, terrorist action or threatened terrorist action, strikes, hostilities, civil commotions, accidents, fire, flood or natural catastrophes or arising without limitation out of or in connection with:

(i) the activities of third party event organisers;

(ii) any form of transportation (including but not limited to flights, trains, coaches, buses, ferries, taxis or cars); and/or

(iii) by third parties providing accommodation included in the Prize.

For the avoidance of doubt, the affected prize winner(s) and/or parent(s)/legal guardian(s) shall be solely liable for any additional costs incurred as a result.

(c) These Terms and Conditions are to be construed according to the laws of New South Wales, Australia and are subject to the non-exclusive jurisdiction of the courts of that State.