http://www.facebook.com/KFCAustralia?sk=app_278760672158705
“KFC COLONEL’S CLUB” 1. Information on how to enter and prizes form part of these Terms and Conditions. Participation in this KFC Colonel’s Club promotion (“Promotion”) is deemed acceptance of these Terms and Conditions.
2. The promoter is KFC Adco Limited of 20 Rodborough Rd, Frenchs Forest NSW 2086 (‘the Promoter”).
3. All times referenced throughout these terms and conditions will be based on Sydney local time.
Eligibility 4. Entry is only open:
(a) to Australian residents;
(b) who are aged 16 years or over as at the time of entry; and
(c) who are members of a team at a cricket club that is registered with Cricket Australia (“CA”) where all members of their cricket team are aged 16 years or over (“Eligible Cricket Team”), excluding:
(i) any employees of the Promoter or any of its related corporations including Yum! Restaurants Australia Pty Ltd (ABN 16 000 674 993), or any employees of CA or any employees of the Promoter’s or CA’s agencies associated with the promotion; and
(ii) a spouse, defacto spouse, parent, child or sibling (whether natural or by adoption) of such an ineligible employee.
5. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this Promotion.
Overview 6. The Promotion will be made up of several components as follows:
(a) the KFC Colonel’s Club Game of Skill Component (“Game of Skill Component”);
(b) the KFC Colonel’s Club Catch a Six Component (“Catch a Six Component”);
(c) the KFC Colonel’s Club Classic Catches Component (“Classic Catches Component”); and
(b) the KFC Colonel’s Club Voting Component (“Voting Component”).
7. As detailed herein, not all components will be available to residents in each State or Territory of Australia or age group.
Game of Skill Component 8. Game of Skill Component starts at 11am on 8 November 2011 and ends at 11am on 8 December 2011 (“Entry Period 1”). The Game of Skill Component is only open to eligible individuals as set out in clause 4.
9. To enter, the individual must, during Entry Period 1, undertake the following steps:
(a) visit
www.facebook.com/KFCAustralia (“Website”);
(b) allow the KFC Colonel’s Club application found on the Website;
(c) register their Eligible Cricket Team to gain access to the entry page. Cricket clubs are available for selection from a database within the application. If the individual’s cricket club does not appear as part of the database they can register their cricket club, including State, club name and grade;
(d) confirm their Eligible Cricket Team is registered with Cricket Australia, and their cricket team members are all over 16 years of age, by clicking on the appropriate box;
(e) after registering their Eligible Cricket Team, register their requested details. All mandatory fields must be completed, including providing the requested contact details of another member from their Eligible Cricket Team (“2nd Contact”). Prior to entering the 2nd Contact’s details, the individual must obtain the consent of the 2nd Contact and advise them that they may be contacted by the Promoter for the purpose of this Promotion;
(f) provide an answer to the following question: Tell us in 25 words or less, why your team should score tickets?;
(g) accept these Terms and Conditions and confirm they are over 16 years of age, by clicking on the appropriate box; and
(f) submit their entry by clicking on the ‘ENTER’ button.
10. Limit of one (1) entry in the Game of Skill Component is permitted per eligible entrant. By entering, the entrant warrants that they have obtained the permission from: (a) their Eligible Cricket Team to enter; and (b) the 2nd Contact to provide his or her details. Notwithstanding the foregoing, multiple Eligible Cricket Teams may enter from the same eligible cricket club, and multiple individuals from the same Eligible Cricket Team are permitted to enter.
11. All valid entries in the Game of Skill Component will be judged based on literary and creative merit. Chance plays no part in determining the winner(s). Judging will commence on 9 December 2011. The Promoter will attempt to contact the winners by email or phone on 12 December 2011 or 13 December 2011. The Promoter may contact the 2nd Contact if it is unable to contact a particular winner. The Promoter will not be held responsible should it be unable to contact a winner or 2nd Contact despite its reasonable efforts.
12. The best 1,500 entries, as determined by the judges, will each win for their Eligible Cricket Team, the first prize of a cricket club kit, valued at $81.00 approximately, containing:
(a) 1 x KFC branded Cricket Bag;
(b) 1 x KFC branded Picnic Rug;
(c) 1 x KFC branded Lunch Tin;
(d) 1 x KFC branded Inflatable Esky; and
(e) 1 x KFC branded Cap.13. First prizes will be delivered to the addresses entered by the winners. First prize winners should allow up to 60 days to receive the prize. It is the winner’s responsibility to provide the first prize to his or her Eligible Cricket Team.
14. Subject to the operation of clause 15, after the determination of the first prize winners, the next best 100 entries from QLD entrants, the next best 119 entries from NSW entrants, the next best 119 entries from VIC entrants, the next best 100 entries from TAS entrants, the next best 75 entries from SA entrants, and the next best 75 entries from WA entrants, as determined by the judges, will each win the secondary prize of: (a) 12 x KFC branded bucket hats; and (b) 12 x general admission tickets to a KFC Big Bash 2011-12 series match with in the winner’s State for the winner and 11 members in his or her Eligible Cricket Team. Each secondary prize is valued at $253 approximately. The Promoter, in its absolute discretion, will determine which KFC Big Bash 2011-12 series match, the winner and his or her Eligible Cricket Team will receive the tickets for. The relevant matches are set out in the table below. As at 29/10/2011, the location of the finals and semi-finals are not finalised. The Promoter, in its absolute discretion, will determine who receives the tickets to these matches, based on the location of where the finals and semi-finals will take place.15. There is a limit of one (1) secondary prize per Eligible Cricket Team per KFC Big Bash 2011-12 series match in the relevant State. Entrants from NT and ACT will not be eligible to win any secondary prizes. Each secondary prize winner is only entitled to 12 tickets to the relevant KFC Big Bash 2011-12 series match and 12 bucket hats, and no more tickets or bucket hats will be provided if their Eligible Cricket Team has more than 12 members.
16. All tickets and bucket hats will be available for collection at the relevant KFC Big Bash 2011-12 series match. The winner will be required to present ID at the collection point to receive the tickets and bucket hats. The tickets and bucket hats will be forfeited if any or all of the tickets and bucket hats are not picked up at the relevant KFC Big Bash 2011-12 series match, nor will cash be provided in lieu of the prize, or alternative tickets or bucket hats be provided. It’s the winner, and each of his/her Eligible Cricket Team member’s, responsibility for any costs associated with attending the relevant KFC Big Bash 2011-12 series match and all other ancillary costs.
17. The Promoter recommends that the parent or guardian of each winner and/or Eligible Cricket Team member, who is under 18, attend the match to supervise their child/ward. The Promoter is not responsible for the supervision or safety of any winner and/or Eligible Cricket Team member in connection with the secondary prize or while attending the relevant match.
Catch a Six Component 18. The winners and their Eligible Cricket Team members who attend a KFC Big Bash 2011-12 series match via way of tickets supplied as a prize in this Promotion (“Winning Team Attendees”) will be provided with seating in a particular section in the relevant stadium as determined by the Promoter (“Designated Bay”).
19. The Promoter will have a minimum of $2,000 to award at each KFC Big Bash 2011-12 series match as detailed in the table above ($62,000 in total for the entire Promotion).
20. Subject to these Terms and Conditions, if a Winning Team Attendee ‘Catches a 6’ without dropping it while located in the Designated Bay, during the relevant KFC Big Bash 2011-12 series match, their cricket club will be awarded the prize of $2,000, which will be awarded in the form of a cheque at least 60 days after the day of the match.
21. A Winning Team Attendee will not win the prize for their cricket club, if during the relevant KFC Big Bash 2011-12 series match:
(a) they are NOT located in the Designated Bay and ‘Catch a Six’;
(b) they act recklessly or cause injury to others or themselves;
(c) they fight or abuse other Winning Team Attendees or members of the general public; or
(d) they breach the law, or any venue terms and conditions of entry.
22. If the $2,000 on offer for a particular KFC Big Bash 2011-12 series match is not won by any Winning Team Attendee, the $2,000 will be jackpotted into the next relevant KFC Big Bash 2011-12 series match held. This process will continue for the entire KFC Big Bash 2011-12 series matches as detailed in the table above, until a Winning Team Attendee Catches a 6, if any, in accordance with these Terms and Conditions. If a jackpotted amount goes off at a particular KFC Big Bash 2011-12 series match, the subsequent KFC Big Bash 2011-12 series match, if any, will again start with a $2,000 prize and will continue to jackpot until a Winning Team Attendee ‘Catches a 6’, if any, in accordance with these Terms and Conditions. For the sake of clarity, if the ‘Catch a 6’ prize of $2,000 is not won in the 1st KFC Big Bash 2011-12 series match, then $4,000 will be available to be won in the 2nd KFC Big Bash 2011-12 series match. If the $4,000 is won in the 2nd KFC Big Bash 2011-12 series match, then there will be $2,000 to be won in the 3rd KFC Big Bash 2011-12 series match.
23. Any funds that remain un-won from the Catch a Six Component will be retained by, or distributed, in the absolute discretion of the Promoter.
Classic Catch Component 24. At some time, as determined by the Promoter, during each KFC Big Bash 2011-12 series match as detailed in the table above, the Promoter will select one (1) Eligible Cricket Team (that has a majority of members that are aged 18 years or over) via way of a “fan cam” at the match, whereby the relevant Eligible Cricket Team will be recorded and displayed on the big screen (the “Participating Team”). Each member of the Participating Team will have the chance to take part in the “Classic Catch Activity”. If a member of the Participating Team is under 18 years of age, that member will not be able to participate in the Classic Catch Activity.
25. In the Classic Catch Activity, each Participating Team will be required to:
(a) sign a deed of release and indemnity in a form determined by the Promoter;
(b) wear a KFC branded t-shirt throughout the Classic Catch Activity;
(c) attend a pre-defined area as determined by the Promoter where the Classic Catch Activity takes place at a time determined by the Promoter;
(d) have one (1) member of the Participating Team adjudicate the catches with a representative of the Promoter. If there is a dispute as to whether the Participating Team member has caught the ball with two hands or one, or failed to catch the ball, the decision of the Promoter’s representative is final;
(e) have up to 11 members of the Participating Team participate in trying to catch a cricket ball which will be fired into the air by a bowling machine. Each member of the Participating Team will need to take part separately, and will be instructed when they are to start. If there are less than 11 members in the Participating Team, then some of the members will be required to take part again until all 11 attempts have been taken; and
(f) participate with all reasonable instructions and rules as provided by the Promoter or its representative.
26. For each Classic Catch Activity conducted there will be up to $1,100 available to be won. The cricket club of the Participating Team will win:
(a) $100 each time a member of the Participating Team catches the ball with one hand;
(b) $50 each time a member of the Participating Team catches the ball with two hands; and
(c) $0 if a member of the Participating Team fails to catch the ball.
27. Any money won by a cricket club in the Classic Catch Activity will be awarded in the form of a cheque at least 60 days after the date of the relevant match. Any funds that remain un-won from the Classic Catch Component will be retained by, or distributed, in the absolute discretion of the Promoter.
Voting Component 28. The Voting Component starts at 11am on 8 November 2011 and ends at 11am on 8 December 2011 (“Entry Period 2”). Entry into the Voting Component is only open to eligible individuals as set out in clause 4.
29. To enter, the individual must, during Entry Period 2, undertake the following steps:
(a) visit
www.facebook.com/KFCAustralia (“Website”);
(b) allow the KFC Colonel’s Club application found on the Website;
(c) click on the “ADD PLAYER TO GALLERY” button at the base of the page;
(d) register their Eligible Cricket Team to gain access to the entry page. Cricket clubs are available for selection from a database within the application. If the individual’s cricket club does not appear as part of the database they can register their cricket club, including State, Club name and grade;
(e) confirm their Eligible Cricket Team is registered with Cricket Australia, and their cricket team members are all over 16 years of age, by clicking on the appropriate box;
(f) after registering their Eligible Cricket Team, register their requested details. All mandatory fields must be completed;
(g) upload a creative photograph a portrait of the entrant, or the entrant playing cricket, or whole or part of the members of the Eligible Cricket Team undertaking some type of cricket activity. If the photograph features people other than the entrant, then the entrant must obtain those individual’s consent to upload the photograph for the purpose of entering it in the Promotion;
(h) accept these Terms and Conditions and confirm they are over 16 years of age, by clicking on the appropriate box; and
(i) submit their entry by clicking on the ‘ENTER’ button.
Notwithstanding the above, entrants may not be required to undertake all of the above steps, if they enter the Voting Component, during the same session and after entering Game of Skill Component, by entering in accordance with the directions after completing their entry in the game of skill component.
30. The photograph submitted as part of an entry must be: (a) an original photograph that can be uploaded by the entrant without infringing any third party intellectual property or privacy rights; (b) uploaded in a jpeg file; and (c) no larger than 2MB.
31. When an entrant submits any materials via the Promotion, including photographs (“Content”), the entrant, unless the Promoter advises otherwise, license and grant 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 such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. The entrant agrees not to assert any moral rights in relation to such use. The entrant warrants that he or she has the full authority to grant these rights. The entrant agrees that they are fully responsible for the Content they submit. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter will pre-moderate all Content and may, in its absolute discretion, post the Content on the Website or remove any Content without notice for any reason whatsoever. The entrant warrants and agrees that:
(a) he or she will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
(b) he or she will obtain prior consent from any person or property that appears in their Content;
(c) he or she will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein;
(d) his or her Content shall not contain viruses or cause injury or harm to any person or entity;
(e) his or her Content must not have been used in any other competition or promotion or previously released to the general public;
(f) his or her Content will not include a brand or trademark of any product or service other than KFC;
(g) his or her Content will not depict any dangerous or illegal activity; and
(e) he or she 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.
Without limiting any other terms herein, the entrant indemnifies the Promoter for any breach of clause 31.
32. Multiple entries in the Voting Component are permitted by each entrant, subject to the following: (a) each entry must be substantially unique; and (b) each entry must be entered separately and in accordance with these Terms and Conditions.
33. Voting closes at 11am on 26 January 2012 (“the Voting Period”).
34. Voting is only open to members of the public who are logged onto Facebook.
35. To vote, individuals must, during the Voting Period:
(a) visit
www.facebook.com/KFCAustralia (“Website”);
(b) allow the KFC Colonel’s Cricket Club application found on the Website; and
(c) hit on the “VIEW GALLERY” button, and in accordance with any instructions submit a vote for their favourite photograph.
36. Voting is limited to one (1) vote per entry per a Facebook user.The Promoter accepts no responsibility as to how the members of the public vote.
37. After the conclusion of the Voting Period, all votes will be tallied and divided in to the following State Groups: NSW; VIC; TAS/ACT combined; WA: SA/NT combined & QLD. The entry that receives the highest number of votes in each State Group, as determined by the Promoter, will be deemed the winner of that State Group, and the winner will win for the winner’s cricket club, as registered at the time of entry, $5,000. Prize will be awarded to the cricket club in the form of a cheque or EFT deposit. In the event that there is a tie for first place in a particular State Group, the Promoter, in its absolute discretion, will determine the winner from amongst those tied for first place on creative merit.
38. Winners will be notified by email or telephone.
39. The Promoter may provide a counter with respect to the number of votes each entry obtains. This counter may not record all correct votes and should not be relied as true indication as to who has the highest number of votes.
General 40. Incomplete, indecipherable, or illegible entries or votes will be deemed invalid.
41. 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.
42. This Promotion is a game of skill and chance plays no part in determining the winner(s).
43. The Promoter’s decision is final and no correspondence will be entered into.
44. If for any reason a winner or any companions do not take an element of the prize at the time stipulated by the Promoter, then the prize or that element of the prize will be forfeited, and cash will not be awarded in lieu of the prize.
45. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification.
46. The ticket prizes are subject to the event venue and ticket terms and conditions. The Promoter and event organizers hereby expressly reserve the right to eject any winner (and/or his/her companion) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.
47. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
48. Entrants consent to the Promoter using the entrant's name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
49. The Promoter reserves the right, at any time, to verify the validity of entries or votes and entrants or voters (including an entrant’s or voter’s identity, age and place of residence) and to disqualify any entrant or voter who submits an entry or vote that is not in accordance with these Terms and Conditions or who tampers with the entry or voting process. Errors and omissions will 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.
50. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant or voter; or (b) to modify, suspend, terminate or cancel the Promotion, as appropriate.
51. Any cost associated with accessing the Website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant or voter to automatically enter or vote repeatedly is prohibited and will render all entries or votes submitted by that entrant or voter invalid.
52. 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, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter, CA, the State Cricket Associations, the Big Bash League, participating venues, the Big Bash League Teams and Facebook (including their respective officers, employees and agents) exclude 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.
53. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter, CA, the State Cricket Associations, the Big Bash League, participating venues, the Big Bash League Teams and Facebook (including their respective officers, employees and agents) are not responsible for and exclude 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, vote, prize or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) if any KFC Big Bash 2011- 2012 match is cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant or recipient of a prize; or (g) use of, or participation in, a prize.
54. Notwithstanding any other conditions herein, as a condition of accepting a prize, the winner and any applicable companions or cricket clubmust sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
55. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, and prize suppliers. 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 access, update or correct information to the Promoter. All entries become the property of the Promoter.
56. 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.
57. Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at
www.facebook.com/terms.php.
58. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook.
This promotion is in no way sponsored, endorsed or administrated by, or associated with Facebook. You are providing your information to KFC Australia and not to Facebook. The information you provide will only be used for promotional and marketing purposes.Terms & ConditionsKFC Australia's Privacy Policy
Australian Competitions Club
