Terms & Conditions

VIDEO ENTRIES FOR

"THE THOMAS THE TANK ENGINE TRACKMASTER" COMPETITION

AUSTRALIA

1. Information on how to enter and prizes form part of these Terms and Conditions. In order to enter the Thomas the Tank Engine Trackmaster Competition ( Competition) and be eligible for a prize, each Entrant must agree to these Terms and Conditions. An Entrant can agree to these Terms and Conditions by checking the box "I agree to the Terms and Conditions" on the 'Enter Now' entry page available at www.ultimatetrackmaster.com Participation in this Competition is deemed acceptance of these Terms and Conditions. Entries must comply with these Terms and Conditions to be valid.

2. The Competition commences at 12.01am AEDST on 25/9/12 and closes at 11.59pm AEST on 18/12/12 (Competition Period).

3. The Promoter of the Competition is Mattel Pty Ltd (Promoter) ABN 60 000 660 962 of Level 4, 658 Church Street, Richmond VIC, 3121 telephone 03 9425 5222.

Entry Eligibility

4. Entry is open to all permanent residents of Australia and New Zealand, aged between 2 and 7 years old as at 25/9/12. All entrants must have parent/guardian approval to enter. The parent/guardian of the entrant must read and consent to these Terms and Conditions by entering their full name, email address and telephone number and by checking the boxes required in the Entry Form available at www.ultimatetrackmaster.com. Failure of a parent/guardian to do so will render the entrant ineligible to take part in the Competition. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to this Competition. The entrant aged between 2 and 7 years old together with their parent/guardian who has read and consented to these Terms and Conditions, are jointly the "Entrant".

5. Employees (and their immediate families) of the Promoter and agencies associated with this Competition 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), grand child, parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.

6. The Promoter reserves the right, at any time, to verify the validity of entries and Entrants (including verification of age, identity, residential address of winners at the nominated prize delivery address and/or proof of entry validity and other information relevant to entry into or participation in this Competition). Verification is at the Promoter's discretion, whose decision is final. The Promoter reserves the right to disqualify any Entrant who submits an entry that is not in accordance with these Terms and Conditions, or is involved in any way with interfering or tampering with the conduct of the Competition. 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.

7. Upon request from the Promoter, the Entrant including the parent/guardian will execute all such documents and take such further steps as may be necessary to verify the Entrant's details (including an Entrant's identity, age and place or residence) and consent and give full effect to any rights granted or purported to be granted and warranties and indemnities given under these Terms and Conditions.

8. Incomplete or indecipherable entries will be deemed invalid.

How to enter

9. To be eligible to enter, Entrants including the parents/guardians must during the Competition Period:

(a) complete and submit the Entry Form available on the "How to Enter" pages at www.ultimatetrackmaster.com, by:

(i) entering the entrant's details including their full name, email address and age;

(ii) the entrant's parent/guardian reading and consenting to these Terms and Conditions by entering their full name, email address and telephone number and checking the boxes required in the Entry Form,

(b) create and submit a video:

(i) as a "solo entrant" meaning that the video features only one person;

(ii) of the entrant creating and building the ultimate TrackMaster set, available at www.ultimatetrackmaster.com.

(iii) no longer than 3 minutes in length;

(iv) with recommended file size of 15mb (the maximum file size is 100mb);

(v) in recommended MPEG4 (Divx, Xvid) format at 640x480 resolution with MP3 audio (other formats including QuickTime .MOV, Windows .AVI, .mp4, .flv, .MPEG or .MPG files are also acceptable); and

[Note: Re-sizing your video to the specifications in (b)(iii) - (v) above before uploading may help your video clips look better online]

(vi) which adheres to the video entry rules set out below under the heading "Do's and Don'ts" on the entry page.

10. Entrants are limited to one (1) entry per person.

11. All entries must be received within the Competition Period. Entries are deemed to be received at the time they are received by the Promoter's database and not at the time of submission by the Entrant.

12. The Promoter is not liable for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence due to error, omission, tampering, deletion, theft, communications failure or otherwise. The Promoter has no control over communications networks and is not liable for any problems associated with them due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred.

13. Entrants who enter using multiple aliases may be disqualified.

14. Entries will be deemed void if forged, manipulated or tampered with in any way.

Video Entry Rules

15. Copyrighted music and any other subject matter that is protected by copyright cannot be used in the video entry unless the Entrant has obtained the consent of the copyright owner or is licensed by the copyright owner to use that material.

16. The content of the video (Content) must meet the criteria of a "G" classification in the Australian Free TV Code of Practice (click here to read the full Code of Practice). Material classified G is not necessarily intended for children but it must be very mild in impact and must not contain any matter likely to be unsuitable for children to watch without supervision.

17. Therefore, all videos entered into the Competition must adhere to the following standards:

(a) Violence: Visual depiction of physical and psychological violence must be very restrained. The use of weapons, threatening language, sounds or special effects must have a very low sense of threat or menace, must be strictly limited to the story line or program context, must be infrequent and must not show violent activity to be acceptable or desirable.

(b) Sex and nudity: Visual depiction of, and verbal references to, sexual activity are not acceptable. There is to be no visual depiction of nudity, and clothing deemed age-appropriate for each Entrant must be worn. For all Entrants aged 15 years and under, absolutely minimal skin is to be exposed in the outfits worn in videos, and clothing choices must not be overtly sexual.

(c) Language: Only extremely mild coarse language will be permissible in video content, and language used must be deemed age appropriate to the Entrant. Discriminatory language of any sort will not be accepted in video content.

(d) Drugs: Visual depiction of, or verbal reference to illegal drugs must NOT be referenced in anyway be this verbally or through actions.

(e) Suicide: No visual or verbal reference to suicide is acceptable.

(f) Themes: Themes dealing with social or domestic conflict must have a very low sense of threat or menace to children.

(g) Dangerous imitable activity: Dangerous imitable activity should only be shown when absolutely justified by the subject matter of the performance, and then only in ways which do not encourage dangerous imitation.

(h) Other: Where music, special effects and camera work are used to create an atmosphere of tension or fear, care must be taken to minimise distress to children.

How winners are determined

18. Videos deemed to comply with the Terms and Conditions (as determined by the Promoter) will be displayed on the Promoter's website: www.ultimatetrackmaster.com.

19. There will be ten [10] weekly draws with each weekly draw consisting of five [5] winners ; one [1] major prize for valid video entries submitted by Entrants and ten [10] weekly voter prize draws for voters who vote on the video entries, conducted by the Promoter (or it's nominee) for this Competition as set out below.

Ten Weekly Draws

20. There will be ten [10] weekly draws of the video entries submitted conducted by the Promoter (or it's nominee) for this Competition with each weekly draw having five [5] winners . Entries open at 12.01am AEST on 25/09/12 and close for each weekly draw at 11.59pm on the dates specified in the table below. All draws will take place at Pro-Logic, Unit 3/52 Sunset Avenue, Barrack Heights, NSW 2528 on the dates specified in the table below. Un-drawn entries in each weekly draw will be entered into any subsequent weekly draws.

Draw	Entries close	Draw date
Weekly draw 1	9/10/12	11/10/12
Weekly draw 2	16/10/12	18/10/12
Weekly draw 3	23/10/12	25/10/12
Weekly draw 4	30/10/12	1/11/12
Weekly draw 5	6/11/12	08/11/12
Weekly draw 6	13/11/12	15/11/12
Weekly draw 7	20/11/12	22/11/12
Weekly draw 8	27/11/12	29/11/12
Weekly draw 9	04/12/12	06/12/12
Weekly draw 10	11/12/12	13/12/12

Major Prize

21. Valid video entries will be subject to a public vote.

22. Voting is open to all Australian and New Zealand residents. Voters can commence voting on video entries from 12.01am AEST on 25/09/12. Voting closes at 11.59pm on 18/12/12.

23. To vote, members of the public must visit www.ultimatetrackmaster.com.and submit their vote by clicking on a particular video's "Vote" button based on their assessment of the below criteria:

(a) creativity;

(b) fun; and

(c) imaginativeness

of the TrackMaster product range used in the video.

24. An individual is able to vote for any number of videos, but cannot vote for the same video more than once. An attempt to vote on the same video more than once from a computer with the same "session profile" as established by a combination of a session cookie, IP address, and session information, will result in a failure to cast a vote or those votes will not be counted.

25. On 19/12/2012 at 2:00pm, the Promoter (or its nominee) will determine one [1] major prize winner based on the video voted the most popular (being the video with the highest number of public votes).

26. In the event of a tie - where two or more videos have the same amount of votes - the winner will be determined at the Promoter's discretion, based on the Promoter's assessment of the below criteria:

(a) creativity;

(b) fun;

(c) imaginativeness; and

(d) knowledge and passion for the Thomas & Friends brand.

27. The Promoter's decision is final and binding and no correspondence will be entered into.

Ten Voter Prize Draws

28. There will be ten [10] weekly voter prize draws conducted by the Promoter (or it's nominee) for this Competition with each weekly draw having one [1] winner.

29. Voters can commence voting on video entries from 12.01am AEST on 25/09/12 and voter entries close for each weekly draw at 11.59pm on the dates specified in the table below. All draws will take place at Pro-Logic, Unit 3/52 Sunset Avenue, Barrack Heights, NSW 2528 on the dates specified in the table below. Un-drawn entries in each weekly draw will be entered into any subsequent weekly draws.

Draw	Entries close	Draw date
Weekly draw 1	9/10/12	11/10/12
Weekly draw 2	16/10/12	18/10/12
Weekly draw 3	23/10/12	25/10/12
Weekly draw 4	30/10/12	1/11/12
Weekly draw 5	6/11/12	08/11/12
Weekly draw 6	13/11/12	15/11/12
Weekly draw 7	20/11/12	22/11/12
Weekly draw 8	27/11/12	29/11/12
Weekly draw 9	04/12/12	06/12/12
Weekly draw 10	11/12/12	13/12/12

Prizes

30. The total retail value of the prize pool for this competition is up to $16,748.80 All taxes (excluding GST) which may be payable as a consequence of receiving a prize are the sole responsibility of the winner.

31. The prize pool is made up of:

(a) 50 x prize packs consisting of one [1] TrackMaster Risky Rails Bridge Drop Playset and one [1] TrackMaster Little Friends Engine. Each prize pack is valued at $145.98 for each of the 5 weekly draw winners;

(b) 1 x Thomas and Friends prize pack for the major prize winner with a total estimated retail value of $6500 for greater Melbourne residents and up to $8000 for non-Victorian or regional Victorian residents. The prize pack includes:

(i) Thomas and Friends merchandise valued at $3,000; and

(ii) A Puffing Billy Day out with Thomas in Victoria, Australia which must be redeemed in April 2013:

A. For non-Victorian or regional Victorian residents - with an estimated retail value of $5000 and consisting of: Ride for Two [2] Adults and Two [2] Children on Thomas the Train; A Thomas show bag for each child; Photo opportunities with a private photographer; Private tuition with the driver and fireman on how to drive Thomas; Picnic hamper for the family; Economy Airfares for two [2] Adults and two [2] children from the winners closest Capital City to Melbourne, Victoria; Two[2] night's (Friday and Saturday) accommodation at the BreakFree Heritage Hotel on Little Burke St, Melbourne Victoria (excluding food/meals); and Economy car hire available for two [2] days from Melbourne Tullarmarine Airport from arrival (Friday) to departure (Sunday). Car hire to be picked up upon arrival and returned by 5pm on date of departure. Up to 300km included in Economy car hire. The costs associated with any further kilometres, payment for excess, reduction in insurance, fuel costs, and any accidents is the responsibility of the driver. Car hire is subject to the terms of use and the terms and conditions of the car hire company.

B. For greater Melbourne residents - with an estimated retail value of $3500 and consisting of: Ride for up to Twenty-Five [25] Adults and Children on Thomas the Train; A Thomas Show bag for each child; Photo opportunities with a private photographer; Private tuition with the train driver and fireman on how to drive Thomas; and sausage sizzle lunch for up to twenty-five [25] people.

(c) 10 x prize packs consisting of one [1] Trackmaster Risky Rails Bridge Drop Playset and one [1] Blue Mountain Mystery DVD. Each prize pack is valued at $144.98 for each of the weekly voter draw winners.

32. Should a day of TOTAL FIRE BAN be declared in the Central Zone of Victoria, or the whole state of Victoria, on the day of your Puffing Billy Day out with Thomas (for the major prize winner), the Thomas the Train cannot operate and the date will be re-scheduled.

33. Prizes are not transferable or exchangeable and are not redeemable for cash.

34. In the event that any prize (or any part of the prize) becomes unavailable, the Promoter, in its discretion, reserves the right to substitute a prize (or that part of the prize) with a prize of equal or greater value, subject to any written directions from the various lottery authorities.

35. Prize values are correct at the time of printing but no responsibility is accepted for any variation in the value of any prizes.

36. As a condition of receiving a prize:

(a) each prize winner (and their parents/guardians, if applicable) may have to sign 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; and

(b) the major prize winner may have to sign a Talent Release Form, in a form determined by the Promoter in its absolute discretion setting out the Entrant's obligations with respect to participation in media interviews, photographic sessions, and other media related marketing, advertising, promotional and/or publicity activities.

37. In the event the Entrant is the winner of a prize, the Entrant will co-operate with the Promoter in participating in media interviews, photographic sessions, and other media related marketing, advertising, promotional and/or publicity activities.

Five Weekly Draw Winners

38. Each of the five weekly draw winners will be notified by email and telephone within 2 days of the relevant draw.

39. All of the five weekly draw winners will have their name and video entry published on the homepage of www.ultimatetrackmaster.com within 2 days of the relevant draw.

Major Prize Winner

40. The major prize winner will be notified by telephone and by mail in an official letter confirming that they are the major prize winner within 4 days of entries closing (entries close on 18/12/12).

41. The major prize winner's name and video entry will be published on the homepage of www.ultimatetrackmaster.com from 19/12/2012 - 23/01/2013.

42. In the event that the major prize winner withdraws from the Competition or is found by the Promoter not to have complied with these Terms and Conditions, the major prize will be awarded to the Entrant with the video with the next highest vote count.

43. The major prize, A Puffing Billy Day Out with Thomas, must be redeemed by the winner in April 2013.

Weekly Voter Draw Winners

44. Each of the weekly voter draw winners will be notified by email and telephone within 2 days of the relevant draw.

45. All of the weekly voter draw winners will have their name published on the homepage of www.ultimatetrackmaster.com within 2 days of the relevant draw.

Entrant's obligations

46. The Entrant will ensure the Content in the video they submit is lawful. To the full extent permitted by law, the Promoter will not be liable in any way for such Content.

47. The Entrant is responsible for all costs associated with:

(a) entering the Competition (including but not limited to creating the video and accessing the internet); and

(b) any legal claims made in respect of the Content.

48. The Entrant warrants and agrees that:

(a) they will not submit any Content that is unlawful including in breach of any intellectual property, privacy, publicity or other rights, or is fraudulent, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, would not receive a G classification, or is otherwise unsuitable for publication;

(b) without limitation to (a), they own all copyright in the video and either own or are licensed to use or have obtained the consent of the copyright owner to use any other material used in the video that is the subject of copyright protection;

(c) they will obtain prior consent from any person or owner of property that appears in their video for their or its appearance in the video;

(d) they will obtain prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein;

(e) their Content will not contain viruses or cause injury or harm to any person or entity; and

(f) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.

49. Without limiting any other terms herein, the Entrant indemnifies the Promoter against any loss arising out of, relating to or in connection with any breach of these Terms and Conditions by the Entrant including the warranties in clause 46. This indemnity is a continuing obligation, separate and independent from the other obligations of the Entrant and survives termination, completion or expiration of the Competition.

50. The Entrant releases the Promoter, its servants and agents from any claim by or on behalf of the Entrant and arising out of any loss, damage, accident or injury to the Entrant as a result of filming the video or entering the Competition, or in the exercise of the rights granted in these Terms and Conditions (and not caused by the negligence of the Promoter, its servants and agents).

51. The Entrant consents to the Promoter displaying the Entrant's name and video entry on the websites www.ultimatetrackmaster.com.

52. By entering a video into the Competition, the Entrant hereby grants to the Promoter an exclusive, royalty-free licence (including the right to sub-licence), for the term of the copyright less one (1) day, to reproduce the video and its content or any part thereof, communicate it to the public and cause it to be seen or heard in public, anywhere in the world via any media including on websites, Facebook, YouTube, television and broadcasts.

53. The Entrant consents to their video being changed, edited, added to, taken from, used in association with other material, used in any commercial or promotion, adapted and/or translated, in any manner or context by the Promoter, and any person authorised by the Promoter to do so, for any purpose, notwithstanding that such conduct may amount to derogatory treatment of the work within the meaning of the Copyright Act 1968 (Cth).

Personal information

54. Details from entries will be collected and used for the purposes of processing and conducting this Competition (which may include disclosure to third parties including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities) and for promotional purposes surrounding this Competition. Entry is conditional on providing this information.

55. The Promoter will not, unless consent is obtained including parental consent for those under the age of 18:

(a) use the information you provide, or disclose it to other organisations that may use it, for promotional, marketing, publicity and profiling purposes, including sending electronic messages or telephoning the Entrant; and

(b) use the Entrant's name, likeness, image and/or voice (including any photographs, videos and/or sound recordings of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Competition (including any outcome), and promoting the Promoter and any products manufactured, distributed and/or supplied by the Promoter.

56. Contact details of parents will be obtained as part of the entry process for the purposes of confirming parental consent. Generally you have the right to obtain access to the personal information that the Promoter holds about you.

57. Entrants may access, change and/or update their personal information and obtain a copy of the Promoter's privacy policy by contacting the Promoter on (03) 9425 5222 during office hours. The Promoter's privacy policy can also be viewed at http://corporate.mattel.com/privacy-policy.aspx.

Rights of Promoter

58. The Promoter has the sole discretion to determine whether the video and other information provided by an Entrant complies with these Terms and Conditions. The Promoter's decision is final.

59. The Promoter may remove any video from the Competition or edit videos submitted in the Competition, without any notice being given to the Entrant for any reason whatsoever.

60. The Promoter assumes no responsibility for any failure to receive an entry, for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches. If such problems arise, then the Promoter may (where necessary with the approval of the relevant lottery authority) modify the Competition.

61. If this Competition 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 Competition, as appropriate.

62. The use of any automated entry or voting software or any other mechanical or electronic means that allows an Entrant:

(a) to automatically enter repeatedly; or

(b) to automatically vote repeatedly,

is prohibited and will render all entries submitted by that Entrant invalid. The Promoter may remove or not count or any automated or repeated votes.

63. If for any reason, the Competition is not capable of operating as planned, including by reason of computer viruses, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any other cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, or proper conduct of the Competition, the Promoter reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Competition, or invalidate any affected entries, subject to the approval of the gaming authorities in each state and territory, if required.

64. The Promoter reserves the right, in its sole discretion, to disqualify any individual for:

(a) tampering with the entry process, including exceeding any limitation on the number of entries, or any other process as determined by the Promoter that in any way affects the fairness of the Competition;

(b) tampering with the operation of the Competition or website;

General

65. Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 (Cth) or similar consumer protection laws in the State and Territories of Australia or similar consumer protection laws in New Zealand (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 Competition.

66. 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;

(f) use of or taking of a prize; or

(g) participation in the Competition.

Parents/Guardians

67. The parent or guardian of the entrant who agrees to these Terms and Conditions:

(a) guarantees that the Entrant has complied and will comply with these Terms and Conditions; and

(b) will be jointly and severally liable with the Entrant for, and indemnify the Promoter against any loss arising out of, relating to or in connection with, any breach of these Terms and Conditions by the parent or guardian or the entrant including the warranties in clauses 48 and 65.

68. Authorised under NSW Permit No LTPS/12/07233; ACT Permit No TP 12/03435; VIC Permit No 12/2481; SA T12/1733.

Terms & Conditions

VIDEO ENTRIES FOR

"THE THOMAS THE TANK ENGINE TRACKMASTER" COMPETITION

NEW ZEALAND

69. Information on how to enter and prizes forms part of these Terms and Conditions. In order to enter the Thomas the Tank Engine Trackmaster Competition ( Competition) and be eligible for a prize, each Entrant must agree to these Terms and Conditions. An Entrant can agree to these Terms and Conditions by checking the box "I agree to the Terms and Conditions" on the 'Enter Now' entry page available at www.ultimatetrackmaster.com. Participation in this Competition is deemed acceptance of these Terms and Conditions. Entries must comply with these Terms and Conditions to be valid.

70. The Competition commences at 12.01am AEDST on 25/9/12 and closes at 11.59pm AEST on 18/12/12 (Competition Period).

71. The Promoter of the Competition is Mattel Pty Ltd (Promoter) ABN 60 000 660 962 of Level 4, 658 Church Street, Richmond VIC, 3121s telephone 03 9425 5222.

Entry Eligibility

72. Entry is open to all permanent residents of Australia and New Zealand, aged between 2 and 7 years old as at 25/9/12. All Entrants must have parent/guardian approval to enter. The parent/guardian of the Entrant must read and consent to these Terms and Conditions by entering their full name, email address and telephone number and by checking the boxes required in the Entry Form available at www.ultimatetrackmaster.com. Failure of a parent/guardian to do so will render the Entrant ineligible to take part in the Competition. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to this Competition. An Entrant aged between 2 and 7 years old, together with their parent/guardian who has read and consented to these Terms and Conditions, are jointly the "Entrant".

73. Employees (and their immediate families) of the Promoter and agencies associated with this Competition 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), grandchild, parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.

74. The Promoter reserves the right, at any time, to verify the validity of entries and Entrants (including verification of age, identity, residential address of winners at the nominated prize delivery address and/or proof of entry validity and other information relevant to entry into or participation in this Competition). Verification is at the Promoter's discretion, whose decision is final. The Promoter reserves the right to disqualify any Entrant who submits an entry that is not in accordance with these Terms and Conditions, or is involved in any way with interfering or tampering with the conduct of the Competition. 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.

75. Upon request from the Promoter, the Entrant (including the parent/guardian) will execute all such documents and take such further steps as may be necessary to verify the Entrant's details (including an Entrant's identity, age and place of residence) and consent and give full effect to any rights granted or purported to be granted and warranties and indemnities given under these Terms and Conditions.

76. Incomplete or indecipherable entries will be deemed invalid.

How to enter

77. To be eligible to enter, Entrants including the parents/guardians must during the Competition Period:

(a) complete and submit the Entry Form available on the "How to Enter" pages at www.ultimatetrackmaster.com, by:

(i) entering the Entrant's details including their full name, email address and age;

(ii) the Entrant's parent/guardian reading and consenting to these Terms and Conditions by entering their full name, email address and telephone number and checking the boxes required in the Entry Form;

(b) create and submit a video:

(i) as a "solo entrant" meaning that the video features only one person, being the Entrant aged between 2 and 7 years old;

(ii) of the Entrant creating and building the ultimate TrackMaster set, available at www.ultimatetrackmaster.com.

(iii) no longer than 3 minutes in length;

(iv) with recommended file size of 15mb (the maximum file size is 100mb);

(v) in recommended MPEG4 (Divx, Xvid) format at 640x480 resolution with MP3 audio (other formats including QuickTime .MOV, Windows .AVI, .mp4, .flv, .MPEG or .MPG files are also acceptable); and

[Note: Re-sizing your video to the specifications in (b)(iii) - (v) above before uploading may help your video clips look better online]

(vi) which adheres to the video entry rules set out below under the heading "Do's and Don'ts" on the entry page.

78. Entrants are limited to one (1) entry per person.

79. All entries must be received within the Competition Period. Entries are deemed to be received at the time they are received by the Promoter's database and not at the time of submission by the Entrant.

80. The Promoter is not liable for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence due to error, omission, tampering, deletion, theft, communications failure or otherwise. The Promoter has no control over communications networks and is not liable for any problems associated with them due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred.

81. Entrants who enter using multiple aliases may be disqualified.

82. Entries will be deemed void if forged, manipulated or tampered with in any way.

Video Entry Rules

83. Copyrighted music and any other subject matter that is protected by copyright cannot be used in the video entry unless the Entrant has obtained the consent of the copyright owner or is licensed by the copyright owner to use that material.

84. The content of the video (Content) must meet the criteria of a "G" classification in the Australian Free TV Code of Practice (click here to read the full Code of Practice). Material classified G is not necessarily intended for children but it must be very mild in impact and must not contain any matter likely to be unsuitable for children to watch without supervision.

85. All videos entered into the Competition must adhere to the following standards:

(d) Drugs: Visual depiction of, or verbal reference to, illegal drugs must NOT be referenced in any way, be this verbally or through actions.

(e) Suicide: No visual or verbal reference to suicide is acceptable.

(f) Themes: Themes dealing with social or domestic conflict must have a very low sense of threat or menace to children.

(h) Other: Where music, special effects and camera work are used to create an atmosphere of tension or fear, care must be taken to minimise distress to children.

(i) Laws: Compliance with applicable laws including all relevant censorship laws.

How winners are determined

86. Videos deemed to comply with the Terms and Conditions (as determined by the Promoter at its sole and absolute discretion) will be displayed on the Promoter's website: www.ultimatetrackmaster.com.

87. There will be ten [10] weekly draws with each weekly draw consisting of five [5] winners ; one [1] major prize for valid video entries submitted by Entrants and ten [10] weekly voter prize draws for voters who vote on the video entries, conducted by the Promoter (or its nominee) for this Competition as set out below.

Ten Weekly Draws

88. There will be ten [10] weekly draws of the video entries submitted conducted by the Promoter (or its nominee) for this Competition with each weekly draw having five [5] winners . Entries open at 12.01am AEST on 25/09/12 and close for each weekly draw at 11.59pm on the dates specified in the table below. All draws will take place at Pro-Logic, Unit 3/52 Sunset Avenue, Barrack Heights, NSW 2528 on the dates specified in the table below. Un-drawn entries in each weekly draw will be entered into any subsequent weekly draws.

Draw	Entries close	Draw date
Weekly draw 1	9/10/12	11/10/12
Weekly draw 2	16/10/12	18/10/12
Weekly draw 3	23/10/12	25/10/12
Weekly draw 4	30/10/12	1/11/12
Weekly draw 5	6/11/12	08/11/12
Weekly draw 6	13/11/12	15/11/12
Weekly draw 7	20/11/12	22/11/12
Weekly draw 8	27/11/12	29/11/12
Weekly draw 9	04/12/12	06/12/12
Weekly draw 10	11/12/12	13/12/12

Major Prize

89. Valid video entries will be subject to a public vote.

90. Voting is open to all Australian and New Zealand residents. Voters can commence voting on video entries from 12.01am AEST on 25/09/12. Voting closes at 11.59pm on 18/12/12.

91. To vote, members of the public must visit www.ultimatetrackmaster.com.and submit their vote by clicking on a particular video's "Vote" button based on their assessment of the below criteria:

(a) creativity;

(b) fun; and

(c) imaginativeness,

of the TrackMaster product range used in the video.

92. An individual is able to vote for any number of videos, but cannot vote for the same video more than once. An attempt to vote on the same video more than once from a computer with the same "session profile" as established by a combination of a session cookie, IP address, and session information, will result in a failure to cast a vote or those votes will not be counted.

93. On 19/12/2012 at 2:00pm, the Promoter (or its nominee) will determine one [1] major prize winner based on the video voted the most popular (being the video with the highest number of public votes).

94. In the event of a tie - where two or more videos have the same amount of votes - the winner will be determined at the Promoter's discretion, based on the Promoter's assessment of the below criteria:

(a) creativity;

(b) fun;

(c) imaginativeness; and

(d) knowledge and passion for the Thomas & Friends brand.

95. The Promoter's decision is final and binding and no correspondence will be entered into.

Ten Voter Prize Draws

96. There will be ten [10] weekly voter prize draws conducted by the Promoter (or its nominee) for this Competition with each weekly draw having one [1] winner.

97. Voters can commence voting on video entries from 12.01am AEST on 25/09/12 and voter entries close for each weekly draw at 11.59pm on the dates specified in the table below. All voting will be subject to the conditions set out in clause 24 above. All draws will take place at Pro-Logic, Unit 3/52 Sunset Avenue, Barrack Heights, NSW 2528 on the dates specified in the table below. Un-drawn entries in each weekly draw will be entered into any subsequent weekly draws.

Draw	Entries close	Draw date
Weekly draw 1	9/10/12	11/10/12
Weekly draw 2	16/10/12	18/10/12
Weekly draw 3	23/10/12	25/10/12
Weekly draw 4	30/10/12	1/11/12
Weekly draw 5	6/11/12	08/11/12
Weekly draw 6	13/11/12	15/11/12
Weekly draw 7	20/11/12	22/11/12
Weekly draw 8	27/11/12	29/11/12
Weekly draw 9	04/12/12	06/12/12
Weekly draw 10	11/12/12	13/12/12

Prizes

98. The total retail value of the prize pool for this competition is up to $16,748.80. All taxes (excluding GST) or duties which may be payable as a consequence of receiving a prize are the sole responsibility of the winner.

99. The prize pool is made up of:

(i) Thomas and Friends merchandise valued at $3,000; and

(ii) A Puffing Billy Day out with Thomas in Victoria, Australia which must be redeemed in April 2013:

A. For non-Victorian, regional Victorian residents or New Zealand residents - with an estimated retail value of $5000 and consisting of: Ride for Two [2] Adults and Two [2] Children on Thomas the Train; A Thomas show bag for each child; Photo opportunities with a private photographer; Private tuition with the driver and fireman on how to drive Thomas; Picnic hamper for the family; Economy Airfares for two [2] Adults and two [2] children from the winner's closest Capital City to Melbourne, Victoria (or in the case of a New Zealand winner from the closest city to their place of residence in New Zealand that flies to Melbourne); Two[2] night's (Friday and Saturday) accommodation at the BreakFree Heritage Hotel on Little Burke St, Melbourne Victoria (excluding food/meals); and Economy car hire available for two [2] days from Melbourne Tullarmarine Airport from arrival (Friday) to departure (Sunday). Car hire to be picked up upon arrival and returned by 5pm on date of departure. Up to 300km included in Economy car hire. The costs associated with any further kilometres, payment for excess, reduction in insurance excess, fuel costs, and any accidents is the responsibility of the driver. Car hire is subject to the terms of use and the terms and conditions of the car hire company. The cost of travel by the winner to the airport of departure in their state or country of residence shall be borne by the winner as shall any travel insurance costs and other incidental costs of travel.

100. Should a day of TOTAL FIRE BAN be declared in the Central Zone of Victoria, or the whole state of Victoria, on the day of your Puffing Billy Day out with Thomas (for the major prize winner), the Thomas the Train cannot operate and the date will be re-scheduled.

101. Prizes are not transferable or exchangeable and are not redeemable for cash. All prize values are stated in Australian dollars.

102. In the event that any prize (or any part of the prize) becomes unavailable, the Promoter, in its discretion, reserves the right to substitute a prize (or that part of the prize) with a prize of equal or greater value, subject to any written directions from relevant regulatory authorities. Subject to any such directions, the Promoter's decision will be final and no correspondence will be entered into.

103. Prize values are correct at the time of printing but no responsibility is accepted for any variation in the value of any prizes.

104. As a condition of receiving a prize:

105. In the event the Entrant is the winner of a prize, the Entrant will co-operate with the Promoter in participating in media interviews, photographic sessions, and other media related marketing, advertising, promotional and/or publicity activities.

Five Weekly Draw Winners

106. Each of the five weekly draw winners will be notified by email and telephone within 2 days of the relevant draw.

107. All of the five weekly draw winners will have their name and video entry published on the homepage of www.ultimatetrackmaster.com within 2 days of the relevant draw.

Major Prize Winner

108. The major prize winner will be notified by telephone and by mail in an official letter confirming that they are the major prize winner within 4 days of entries closing (entries close on 18/12/12).

109. The major prize winner's name and video entry will be published on the homepage of www.ultimatetrackmaster.com from 19/12/2012 - 23/01/2013.

110. In the event that the major prize winner withdraws from the Competition or is found by the Promoter not to have complied with these Terms and Conditions, the major prize will be awarded to the Entrant with the video with the next highest vote count.

111. The major prize, A Puffing Billy Day Out with Thomas, must be redeemed by the winner in April 2013.

Weekly Voter Draw Winners

112. Each of the weekly voter draw winners will be notified by email and telephone within 2 days of the relevant draw.

113. All of the weekly voter draw winners will have their name published on the homepage of www.ultimatetrackmaster.com within 2 days of the relevant draw.

Entrant's obligations

114. The Entrant will ensure the Content in the video they submit is lawful. To the full extent permitted by law, the Promoter will not be liable in any way for such Content.

115. The Entrant is responsible for all costs associated with:

(a) entering the Competition (including but not limited to creating the video and accessing the internet); and

(b) any legal claims made in respect of the Content.

116. The Entrant warrants and agrees that:

(c) they will obtain prior consent from any person or owner of property that appears in their video for their or its appearance in the video;

(d) they will obtain prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein;

(e) their Content will not contain viruses or cause injury or harm to any person or entity; and

(g) their Content will be new and original and no Content will be subject to any public broadcast or publication on any media prior to the time of entry or subject to any separate public broadcast or publication by the Entrant after the time of entry.

117. Without limiting any other terms herein, the Entrant indemnifies the Promoter against any loss arising out of, relating to or in connection with, any breach of these Terms and Conditions by the Entrant including the warranties in clause 48. This indemnity is a continuing obligation, separate and independent from the other obligations of the Entrant and survives termination, completion or expiration of the Competition.

118. The Entrant releases the Promoter, its servants and agents from any claim by or on behalf of the Entrant and arising out of any loss, damage, accident or injury to the Entrant as a result of filming the video or entering the Competition, or in the exercise of the rights granted in these Terms and Conditions (and not caused by the negligence of the Promoter, its servants and agents).

119. The Entrant consents to the Promoter displaying the Entrant's name and video entry on the website www.ultimatetrackmaster.com.

120. By entering a video into the Competition, the Entrant hereby grants to the Promoter an exclusive, royalty-free, irrevocable, transferable licence (including the right to sub-licence), for the term of the copyright less one (1) day, to reproduce the video and its content or any part thereof, communicate it to the public and cause it to be seen or heard in public, anywhere in the world via any media including on websites, Facebook, YouTube, television and broadcasts.

121. The Entrant consents to their video being changed, edited, added to, taken from, used in association with other material, used in any commercial or promotion, adapted and/or translated, in any manner or context by the Promoter, and any person authorised by the Promoter to do so, for any purpose, notwithstanding that such conduct may amount to derogatory treatment of the work within the meaning of relevant copyright laws. The Entrant waives all moral rights under relevant copyright laws.

Personal information

122. Details from entries will be collected and used for the purposes of processing and conducting this Competition (which may include disclosure to third parties including but not limited to agents, contractors, service providers, prize suppliers and, as required, to relevant regulatory authorities) and for promotional purposes surrounding this Competition. Entry is conditional on providing this information.

123. The Promoter will not, unless consent is obtained, including parental consent for those under the age of 18:

(b) subject to clause 52 and 54, use the Entrant's name, likeness, image and/or voice (including any photographs, videos and/or sound recordings of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Competition (including any outcome), and promoting the Promoter and any products manufactured, distributed and/or supplied by the Promoter.

124. Contact details of parents will be obtained as part of the entry process for the purposes of confirming parental consent. Generally you have the right to obtain access to the personal information that the Promoter holds about you.

125. Entrants may access, change and/or update and correct their personal information and obtain a copy of the Promoter's privacy policy by contacting the Promoter on (03) 9425 5222 during office hours. The Promoter's privacy policy can also be viewed at http://corporate.mattel.com/privacy-policy.aspx.

Rights of Promoter

126. The Promoter has the sole discretion to determine whether the video and other information provided by an Entrant complies with these Terms and Conditions. The Promoter's decision is final.

127. The Promoter may remove any video from the Competition or edit videos submitted in the Competition, without any notice being given to the Entrant for any reason whatsoever.

128. The Promoter assumes no responsibility for any failure to receive an entry, for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches. If such problems arise, then the Promoter may (where necessary with the approval of the relevant lottery authority) modify the Competition.

129. If this Competition 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 Competition (including modification of these Terms and Conditions), as appropriate.

130. The use of any automated entry or voting software or any other mechanical or electronic means that allows an Entrant:

(a) to automatically enter repeatedly; or

(b) to automatically vote repeatedly,

is prohibited and will render all entries submitted by that Entrant invalid. The Promoter may remove or not count any automated or repeated votes.

131. If for any reason the Competition is not capable of operating as planned, including by reason of computer viruses, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any other cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, or proper conduct of the Competition, the Promoter reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Competition (including modification of these Terms and Conditions), or invalidate any affected entries, subject to the approval of relevant regulatory authorities, if required.

132. The Promoter reserves the right, in its sole discretion, to disqualify any individual for:

(b) tampering with the operation of the Competition or website;

General

133. 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 2010 (Cth), as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 (Cth) or similar consumer protection laws in the State and Territories of Australia or similar consumer protection laws in New Zealand (Non-Excludable Guarantees). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its 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 Competition.

134. Without limiting clause 65, except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its 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;

(f) use of or taking of a prize; or

(g) participation in the Competition.

135. To the fullest extent permitted by law, the Promoter's total liability, whether for breach of these Terms and Conditions or in negligence or in any other tort or for any other common law or statutory cause of action arising in relation to the promotion, is limited to the amount of the total prize pool in aggregate.

Parents/Guardians

136. The parent or guardian of the Entrant who agrees to these Terms and Conditions:

(a) guarantees that the Entrant has complied and will comply with these Terms and Conditions; and

(b) will be jointly and severally liable with the Entrant for, and indemnify the Promoter against any loss arising out of, relating to or in connection with, any breach of these Terms and Conditions by the parent or guardian or the Entrant including the warranties in clauses 48 and 65.

137. All notices affecting this Competition including any modification, suspension, termination or cancellation of this Competition will be published on the website www.ultimatetrackmaster.com.

Terms & Conditions

Terms & Conditions

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