https://www.facebook.com/colesonline?sk=app_338448196195383Coles Online 'Delivered by You'
Facebook Promotion ("Promotion")
Terms and Conditions
1. The Promoter is Coles Supermarkets Australia Pty Ltd (ABN 45 004 189 708) of 800 Toorak Road, Glen Iris, VIC 3145.
2. Information on how to enter, mechanics of entry, and prizes form part of these Conditions of Entry. Entry into the Promotion is deemed acceptance of these Conditions of Entry. Entry is by Internet only via Facebook.
Definitions
3. In these Terms and Conditions and the Promotion:
a) ‘Facebook Member’ means a person that has registered, been accepted as and continues to be a member of Facebook (
www.facebook.com) and has agreed to the terms and conditions of that membership;
b) ‘Coles Facebook page’ means the Facebook page available at
www.facebook.com/colesonlinec) ‘Delivered by You Application’ means the Application made available for Facebook Members to accept and install on the Coles Facebook page.
Promotion Dates
4. Promotion commences at 00:01am (AEDT) on Monday 13th February 2012 and c
loses at 11:59pm (AEDT) on Monday 27th February 2012 (“Promotion Period”).
Entry Eligibility
5. Participation in this Promotion is only open to those persons who: a) are Australian residents; b) are aged 13 years of age or over; c) are a Facebook Member; d) have accepted the Application; and e) otherwise fulfil the application requirements set out in these Terms and Conditions.
(“Eligible Entrants”).
Game of Chance
6. This Promotion involves an element of chance.
7. Eligible Entrants are required to during the Promotion Period:
a) ‘Like’ the Coles Online Facebook Page;
b) Open the ‘Delivered by You’ Facebook Application;
c) Read, acknowledge and agree to these Terms & Conditions;
d) Follow the instructions to open the virtual delivery box to reveal if they are an instant winner.
The Eligible Entrant will then have the opportunity to tell a friend about the promotion by delivering the virtual delivery box onto their Facebook friend(s) by following the instructions provided.
8. Eligible Entrants will only be permitted to unwrap the present once per day.Instant winners
9. All entries in this Promotion that are submitted in accordance with these Terms and Conditions will be eligible to win an instant prize.
10. The instant prize will be one (1) Coles Gift Card worth $50.00.
11. One hundred (100) instant winner prizes will be available over the Promotion Period to random valid entrants. Participants will be notified immediately if they are an instant winner.
12. Limit of one (1) prize per person throughout the Promotion Period.13. To claim their prize, instant winners will be issued (at the same time as they are notified if they are an instant winner) with a six (6) digit number for prize verification purposes (“Prize Claim Number”). The unique Prize Claim Number will need to be recorded by the entrant for prize verification purposes.
14. Instant Winners will be required to submit their full name, postal address, email address and daytime phone number in order to claim their prize.
15. Prize winners will be contacted by the Promoter and prizes distributed within 7 days from the date of their winner (subject to any entry verification checks).
16. The Promoter reserves the right to withhold the awarding of an instant prize to a participant who, if required by the Promoter, cannot provide a valid, unique Prize Claim Number. Any prizes that remain unclaimed or unverified will be awarded in the unclaimed prize draw as outlined in Condition 18.
17. The total prize pool value for this Promotion is $5,000 AUD
Unclaimed prizes
18. If any prizes remain un-awarded or unclaimed at the end of the Promotion Period, a prize draw will take place at Oxygen Interactive Marketing, Level 1, 16 Palmer Parade Cremorne VIC 3121, on 23rd May 2012 at 10:00am (AEDT)
19. Participants that were not awarded a prize will go into this prize draw provided they have submitted their full name, postal address, email address and contact phone number at the end of entering this Promotion and when prompted.
20. Winners will be notified by in writing and by telephone within two (2) days of the prize draw taking place.
Facebook acknowledgements
21. Participation in this Promotion is considered acceptance of the following:
a. a complete release of Facebook by any entrant or participant;
b. an acknowledgement that this Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook; and
c. that the information provided by each entrant is provided the Promoter (as detailed in these Terms and Conditions) and not to Facebook.
22. Participation and entry in this Promotion is conditional upon the entrant complying with all rules, regulations and guidelines set down by Facebook.
23. Entrants acknowledge that their Facebook profile photograph may be featured on the Application and/or any associated Facebook page for public viewing. Facebook membership and the use of Facebook generally are subject to the Facebook prevailing terms and conditions of use available at
www.facebook.com. Entrants understand that they are providing their information to the Promoter and not to Facebook. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other internet users via Facebook. To the extent permitted by law, each Entrant agrees to indemnify, defend and forever hold harmless, Facebook and its associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by an Entrant in respect of the Entrant’s participation in the promotion. Any questions, comments or complaints about this Promotion must be directed to the Promoter and not to Facebook.
Applications, entries and Entrants
24. Employees (and their immediate families) of the Promoter and their 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.
25. The Promoter reserve the right, at any time, to verify the validity of all entries and the eligibility of all entrants, including their identity, age and place of residence, and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of their rights at any stage does not constitute a waiver of those rights.
26. Entrants are not permitted to have multiple Facebook accounts or represent a fictitious person. The Promoter can disqualify any entrant with more than one Facebook account who enters the promotion.
27. Incomplete, indecipherable or illegible entries will be deemed invalid.
28. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in their sole discretion, to determine the identity and eligibility of the entrant.
29. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter or submit, produce or distribute materials repeatedly is prohibited and will render all entries for that entrant invalid.
30. Any costs associated with becoming eligible to apply, applying or participating in this Promotion such as internet access or download costs, will be at the cost of the applicant.
Prizes
31. The Coles Gift Cards are subject to their own Terms and Conditions of use.
32. The Promoter decision in relation to any aspect of this Promotion, including the selection of any winner and the criteria applied by the Promoter in determining the winners, is final and binding on every person who enters. No correspondence will be entered into.
33. Prizes (and parts thereof) are not transferable or exchangeable and cannot be taken as cash.
34. If a Prize is unavailable, the Promoter, in its discretion, reserves the right to substitute all or any part thereof with a product or prize to the equal value and/or specification.
35. Delivery details of all prizes will be specified by email or in writing.
36. Should an entrant’s contact details change during the Promotion Period, it is the entrant's responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.
37. The Promoter accepts no responsibility for loss or damage to prizes in transit. To the extent permitted by law, the Promoter makes no representations or warranties as to the quality/suitability of any of the goods/services offered as prizes.
38. As a condition of accepting any prize, a winner or recipient of a prize may be requested to sign legal documentation as and in the form required by the Promoter in their absolute discretion, including but not limited to a legal release and indemnity form.
39. All values and amounts that appear in these Terms and Conditions are inclusive of GST unless expressly stated otherwise.
Submission of Content or Material
40. When any entrant submits, produces or distributes any material for this Promotion including, but not limited to messages or sharing of links (“Content”), the entrant, unless the Promoter advises otherwise, licenses and grants the Promoter, their 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. Entrants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.
41. Entrants agree that they are fully responsible for the Content they submit, produce, share and/or distribute. The Promoter shall not be liable in any way for such Content to the full extent permitted by law.
42. The Promoter may remove any Content that does not comply with these Terms and Conditions. Entrants warrant and agree that:
a) they will not submit, produce, share or distribute 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 18 or otherwise unsuitable for publication;
b) they will obtain prior consent from any person in respect of that person or their property that appears in their Content;
c) they 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) their Content shall not contain viruses or cause injury or harm to any person or entity;
e) 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; and
f) the Promoter reserve the right to disqualify any entrant who submits or uploads any material that does not comply with these Terms and Conditions.
43. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
44. Entrants acknowledge that entries, including Content will be posted on to the Coles Facebook Page and on their individual Facebook profile via the relevant application (if any).
Variations to the Promotion
45. The Promoter may, in their absolute discretion, but subject to State and Territory law, modify, suspend, cancel or recommence this Promotion, as appropriate, if:
a) for any reason, this Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion; or
b) the entry process, the determination of the prize winners and/or the delivery of the prizes is prevented or hindered by any outside agent or event including but not limited to vandalism, power failure, tempest, natural disaster, acts of God, civil unrest or strikes or other industrial action.
46. Where the Promoter does modify, suspend, cancel or in any way amend the Promotion, the Promoter will provide notice of this on the relevant promotion Facebook page (if any) subject to regulatory approval.
Limitation of Liability
47. Except for any liability that cannot be excluded by law, the Promoter (including their 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 this Promotion, including, but not limited to, where arising out of the following:
a) any technical difficulties or equipment malfunction (whether or not under the Promoters control);
b) any theft, unauthorised access or third party interference;
c) any entry 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) participation in the Promotion or use of a Product or prize.
This clause does not affect, and is not intended to affect, any rights a consumer might have, which are not able to be excluded under applicable Australian consumer protection laws.
Use of personal information
48. Entrants consent to the Promoter using their 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 Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
49. The Promoter collects personal information in order to conduct this Promotion and may, for this purpose, disclose such information to third parties, including but not limited to the Promoter, 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.
50. All entries into this Promotion become the property of the Promoter.
51.The Promoter’s privacy policy can be viewed at
www.coles.com.au/Coles/Privacy.
General
52. If any term agreement or condition of these Terms and Conditions or the application thereof to any person or any circumstance shall be or become illegal, invalid or unenforceable, the same shall be read down, if such reading down is possible, and if found to be impossible, shall be severed and the remaining terms and agreements and conditions shall not be affected.
53. This Agreement is to be interpreted in accordance with the Acts of the State of Victoria and all parties submit to the jurisdiction of the Courts of that State.
54. This Promotion is authorised under Permit Numbers NSW LTPS/12/00859, ACT TP 12/00468
