https://www.kinder.com/au/en/xp/colour-their-world/TERMS AND CONDITIONS:Promoter Ferrero Australia Pty Ltd (ABN 29 001 249 261), Level 36, 100 Miller Street, North
Sydney NSW 2060 whose principal place of business in NZ is DKSH New Zealand
Limited, Head office & Distribution Center, 279 Railway Road, Milson, Palmerston North.
Entries open at 12:00am AEST (2am NZST) on 28/04/2025 and close at 11:59pm AEST
on 31/08/2025 (1:59am NZST on 01/09/25) (“Competition Period”).Who can enter? Entry is open to Australian and New Zealand residents who are aged 18 or over.
Who can't enter? Directors, officers, management and employees (and their immediate families) of the
Promoter, participating retailers 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.
Where will the
competition
run?
The competition will run in all retailers in Australia (including their online store where
relevant) and retailers in New Zealand (excluding any online stores) that stock Eligible
Products (as defined below) during the Promotional Period (each a “Store”).
Website kinder.com/win
Qualifying
Purchase
To be eligible to enter, entrants must, during the Competition Period, purchase any
Kinder product (each an “Eligible Product”) from a Store (“Qualifying Purchase”).
In the event a purchase receipt is not automatically provided to the entrant by a member
of staff at the time of making their Qualifying Purchase, it is the entrant’s responsibility to
request one.
Entry
instructions
To enter, entrants must, during the Competition Period:
(a) visit the Website and follow the prompts to the promotion entry page;
(b) input the requested details including full name, valid email address, postal
address, phone number, Store of Qualifying Purchase;
(c) upload their Qualifying Purchase receipt;
(d) enter their chosen personalisation to be used in the event they are deemed a
winner. Personalisation is subject to the approval of the Promoter and any inappropriate
requests will be rejected at the Promoter’s absolute discretion. Personalisation to be one
(first) name only;
(e) check the box consenting to personal information being stored and managed in
accordance with the Privacy Act 1988 (Cth) and the Promoter’s privacy policy; and
(f) submit the fully completed online entry form (each an “Entry”). Entrants will
then be redirected to a screen confirming that their entry was valid.
How many
winners will
there be and
how will they be
chosen?
Instant Prizes:
Upon submitting their Entry, entrants will be notified instantly online whether or not they
are an instant winner. All provisional instant winners are subject to verification. Upon
verification, winners will be sent their prize.
There are a total of 500 instant prizes available to be won during the Competition Period.
Prizes will be randomly awarded via an online electronic prize system.
What can I win? Instant Prizes:
There are 500 instant prizes available.
Each instant winner will receive one (1) exclusive personalised Faber-Castell Travel
Connector Pens (40pack) valued at $40. Personalisation will include first name only.
Total prize pool The total prize pool is AU$20,000.
How many times
can I enter?
Multiple entries permitted, subject to the following: (a) only one (1) Entry permitted per
Qualifying Purchase, regardless of the number of Eligible Products purchased in that
transaction; and (b) each Entry must be submitted separately and in accordance with
entry requirements.
How and when
will the winner/s
be published?
Instant prize winners will be published (first initial, surname, postcode and country of
residence) on the Website each Wednesday from 30/04/2025 to 03/09/2025.
Proof of
purchase
You must keep the following as proof of purchase for all entries:
● Copy of purchase receipt for Qualifying Purchase.
If you do not produce the above proof of purchase for all entries when asked the
Promoter may disqualify all of your entries and you will lose any right to a prize.
Proof of purchase must be identical to that provided by you with your entry.
If, in the Promoter's opinion, you have shared any proof of purchase with another person,
your entries will be invalid and you will lose any right to a prize.
Unclaimed
prize/s
Prize claim date: 1pm AEST (3pm NZST) on 30/09/2025.
Unclaimed prize determination: 2pm AEST on 01/10/2025 at KollwitzOwen PTY LTD,
Suite 251/10-20 Gwynne Street, Cremorne VIC 3121.
If a prize has been won but has not been accepted or claimed by the prize claim date
above or if, after making all reasonable attempts, the Promoter cannot contact a winner
(or a winner does not contact the Promoter) by the prize claim date above, that winner
will forfeit their prize and the Promoter will carry out an unclaimed prize draw, subject to
any regulatory direction, at the date, time and place stated above to randomly distribute
the prize/s. The Promoter may draw additional reserve entries and record them in order
in case an invalid entry or ineligible entrant is drawn.
Any winner/s will be notified by phone and in writing within two (2) business days of
determination and will be published on the Website on 07/10/2025.
Collection and
use of your
personal
information
If you are a winner, you must take part in all publicity, photography and other promotional
activity as the Promoter reasonably requires, without any compensation. You consent to
the Promoter using your name and image in any promotional or advertising activity.
The Promoter collects personal information ("PI") in order to conduct the promotion and
may, for this purpose, disclose such PI 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 PI. The Promoter will also use and
handle PI as set out in its Privacy Policy, which can be viewed at
https://www.nutella.com/au/en/privacy-policy. In addition to any use that may be outlined
in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless
otherwise advised, use the PI for promotional, marketing, publicity, research and profiling
purposes, including sending electronic messages or telephoning the entrant. The Privacy
Policy also contains information about how entrants may opt out, access, update or
correct their PI, how entrants may complain about a breach of the Australian Privacy
Principles or any other applicable law and how those complaints will be dealt with. All
entries become the property of the Promoter. Unless otherwise indicated by the
Promoter, the Promoter may disclose PI to entities outside of Australia (for a list of the
countries, see the Promoter’s Privacy Policy), and cannot guarantee that any overseas
recipient will not breach the Australian Privacy Principles. By entering the promotion
entrants consent to the overseas transfer on these terms as permitted by the Australian
Privacy Principles and agree that the Promoter is not liable in this regard.
Permit numbers Authorised under:
NSW Authority No. TP/00495
ACT Permit No. TP24/02651
SA Permit No. T24/2032
1. These Terms and Conditions incorporate and must be read together with the details outlined in the table
above. Information about prizes and how to enter forms part of these Terms and Conditions. By
entering, you accept these Terms and Conditions
Entry
2. Your entry must be received during the Competition Period and will be deemed to be received only
when received by the Promoter. If you return a Qualifying Purchase your entry may be deemed invalid
at the Promoter's discretion (unless the product is defective). You will receive a return message
confirming your entry. The Promoter is not liable for any problems with communications networks. You
are responsible for your own costs associated with entering including costs associated with accessing
the promotional website. If you enter using automatically generated entries or multiple phone
numbers/email addresses/addresses/aliases, you will be disqualified.
Prizes
3. Prizes and all elements of prizes must be taken as and when offered or will be forfeited. If the prize is
forfeited, the Promoter will not be liable. Prizes are subject to any additional terms and conditions
imposed by the relevant supplier or the Promoter, including, validity periods.
4. Prize values are in Australian dollars (AUD).
5. The Promoter is not responsible for any dispute between you and any person with whom you choose to,
or choose not to, share the prize.
General
6. Any failure by you to comply with the conditions imposed by the prize supplier(s) may result in the prize
being cancelled or withdrawn without liability for the Promoter or the prize supplier(s).
7. If you or your entry are deemed by the Promoter to breach these Terms and Conditions, your entry (or at
the Promoter's discretion, all of your entries) may be discarded.
8. 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 sole 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
calculated to jeopardise fair and proper conduct of the promotion. 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. The Promoter's legal rights to recover damages or other
compensation from such an offender are reserved.
9. 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
10. You must not;
(g) tamper with the entry process;
(h) engage in any conduct that may jeopardise the fair and proper conduct of the competition;
(i) act in a disruptive, annoying, threatening, abusive or harassing manner;
(j) do anything that may diminish the good name or reputation of the Promoter or any of its
related entities or of the agencies or companies associated with this competition;
(k) breach any law; or
(l) behave in a way that is otherwise inappropriate.
11. The Promoter is not liable for entries, prize claims or correspondence that are misplaced, misdirected,
delayed, lost, incomplete, indecipherable or incorrectly submitted. Incomplete or indecipherable entries
will be deemed invalid.
12. The Promoter’s decision is final and no correspondence will be entered into.
13. Prizes, or any unused portion of a prize, cannot be transferred or exchanged nor redeemed for cash,
unless otherwise specified.
14. Without limiting any other term of these Terms and Conditions and subject to the unclaimed prize draw
clause, all prizes (and elements of prizes) must be taken as and when specified, or will be forfeited with
no replacement. The prize values are correct as at the date of preparing these Terms and Conditions
and include any applicable GST. The Promoter is not responsible for any change in prize value. You
agree that if a prize (or element of a prize) is unavailable for any reason the Promoter may provide
another item of equal or higher value and/or specification, subject to any necessary approval by the
relevant gaming authorities.
15. 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.
16. Any cost associated with accessing the promotional website is the entrant’s responsibility and is
dependent on the Internet service provider used.
17. If this competition cannot run as planned for any reason beyond the Promoter's control, for example due
to software, hardware or communications issues, unauthorised intervention, tampering, fraud or
technical failure, the Promoter may end, change, suspend or cancel the competition or disqualify
affected entries/entrants, subject to any necessary approval by the relevant gaming authorities. Where
it is practical for it to do so, the Promoter will notify you of such changes.
18. In the event of war, terrorism, state of emergency, government lockdown, pandemic, or any other kind of
disaster or unforeseeable event beyond the Promoter’s reasonable control, the Promoter reserves the
right to cancel, terminate, modify or suspend the promotion or suspend, substitute or modify a prize,
subject to any written directions from a relevant regulatory authority.
19. Quality control errors will not invalidate an otherwise valid prize claim. Unless otherwise due to fraud or
ineligibility under these Terms and Conditions, all prize claims in excess of the advertised prize pool will
be honoured.
20. The Promoter is not responsible for any tax implications arising from you winning a prize. You should
seek independent financial advice. For Australian residents, if for GST purposes this competition results
in any supply being made for non-monetary consideration, you must follow the Australian Taxation
Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of
equal GST inclusive market values.
Liability
21. 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 the States and
Territories of Australia or any statutory consumer guarantees as provided under 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) and the prize suppliers 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.
22. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the
Promoter (including its respective officers, employees and agents) and the prize suppliers are 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; or (f) use of / taking of
the prize.
23. 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
Australian Competitions Club
