http://kiwifruitwallabies.com.au/index.html“WIN WITH THE WALLABIES” PROMOTION
TERMS AND CONDITIONS
1. Information on how to enter and the prizes form part of these Terms and Conditions.
Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is only open to Australian residents aged 18 years or over who are able to attend the
2016 Bledisloe Cup in Auckland, New Zealand in August 2016 (with the exact date to be
confirmed).
3. Employees (and their immediate families) of the Promoter, Coles 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.
4. The promotion commences on 01/08/2015 and final entries close at 11:59pm AEST
30/09/2015 (“Promotional Period”).
5. To be eligible to enter, individuals must purchase any Green OR Gold Kiwifruit eight (
pack
from a participating Coles store during the Promotional Period (“Qualifying Product”). For
the purpose of this promotion, a participating Coles store will be any Coles store in Australia.
6. To enter, individuals must complete the following steps during the Promotional Period;
(a) visit the promotion entry page at
http://www.kiwifruitwallabies.com.au and follow the
prompts to the “Instant Win Scratchy Panel” page;
(b) entrants must then input the last five (5) digits of the Qualifying Product barcode and
a valid personal email address (for verification), then click the submit button;
(c) entrants will be redirected to a “Scratch Page” where they will be asked to “scratch
off” a section of the screen using their mouse, finger or trackpad (as applicable to the
device by which they enter), to reveal if they are the provisional winner (subject to
verification) of an Instant Prize (defined below in clause 15); and then
(d) all entrants (provisional Instant Prize winners AND non Instant Prize winners) must
follow the prompts to input the requested personal details (including their name, a
valid email address, landline or mobile telephone number and full postal address)
and submit the fully completed form, for entry into the Major Prize Draw (defined
below in clause 12).
If entry details are not approved due to incorrect barcodes and/or the maximum number of
permitted entries has been exceeded (in line with clause 7 below), entrants will be notified
with one (1) of the following messages, either: (i) “The barcode number you have entered is
incorrect, please check and resubmit”; or (ii) “You have reached your maximum number of
entries for the promotion”. For clarity an entrant must complete all of the steps listed above for
entry into the Major Prize Draw.
Provisional Instant Prize winners must complete step (d) (listed above) immediately after
being notified as a provisional Instant Prize winner to be eligible to claim their Instant Prize. If
step (d) is NOT completed immediately after step (c) or if, for any reason, the web page
session times out and/or is lost due to closing of the internet tab/window or similar, then the
entrant will forfeit their right to the Instant Prize. All Instant Prize winners will be provisional
winners, until the Promoter has verified their Instant Prize claim subject to the conditions
outlined in these Terms and Conditions.
7. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per
Qualifying Product purchase; (b) each entry must be submitted separately and in accordance
with entry requirements; (c) unrecognised barcodes will be deemed invalid; (d) a maximum of
ten (10) entries permitted per household throughout the promotion; and (e) a maximum of one
(1) Instant Prize permitted to be won per person, excluding SA residents who are eligible to
win multiple Instant Prizes.
2
8. Entrants must retain their original and a copy of their original Qualifying Product purchase
receipt(s) for all entries as proof of purchase. Failure to produce the proof of purchase for all
entries when requested may, in the absolute discretion of the Promoter, result in invalidation
of ALL of an entrant’s entries and forfeiture of any right to a prize. Purchase receipt(s) must
clearly specify: (a) the store of purchase; (b) that the purchase was made during the
Promotional Period but prior to entry; and/or (c) that the purchase was made on or before the
date, and before the time, of which an Instant Prize was won.
9. Incomplete or indecipherable entries will be deemed invalid.
10. 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.
11. 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.
12. The Major Prize Draw will take place at Switch Marketing of 6 Hodgson Street, Kew, VIC
3101 on 01/10/2015 at 1:30pm AEST (“Major Prize Draw”). The Promoter may draw
additional reserve entries and record them in order in case an invalid entry or ineligible
entrant is drawn. All entries (including Instant Prize winners) will be entered into the Major
Prize Draw.
13. Instant Prize winners will be notified immediately onscreen whether or not they are an Instant
Prize winner. The Major Prize Draw winner will be notified by email and telephone within two
(2) business days of the Major Prize Draw and their name will be published online at
http://www.kiwifruitwallabies.com.au from 08/10/2015.
14. The Promoter’s decision is final and no correspondence will be entered into.
15. There are a total of two-hundred and fifty (250) Instant Prizes to be won, which includes: (a)
fifty (50) x Wallabies rugby jerseys valued at $169.00 each; and (b) two-hundred (200) replica
Wallabies rugby balls valued at $30.00 each (“Instant Prizes”).
16. The first valid entry drawn, in the Major Prize Draw, will win a trip for two (2) people to New
Zealand valued at up to AU$3,500.00 (“Major Prize”) depending on date and point of
departure. Prize includes:
two (2) x return economy airfares from the winner's nearest Australian capital city to
Auckland, New Zealand;
four (4) nights twin share, at a minimum four star (4*) accommodation (exact hotel and
room type to be determined by the Promoter); and
two (2) x tickets to see the Wallabies vs All Blacks, game two (2) at the 2016 Bledisloe
Cup (exact Wallabies game and competitor team to be confirmed, exact seats and ticket
type to be determined by the Promoter).
Spending money, meals, taxes (excluding airline and airport taxes), insurance, passports,
visas, vaccinations, transport to and from departure point, transfers, items of a personal
nature, in-room charges and all other ancillary costs are not included. Major Prize must be
taken to coincide with the 2016 Bledisloe Cup event (taking place in August 2016, with the
exact date to be confirmed), and is subject to booking and flight availability. During the entire
duration of the Major Prize, a nominated parent/guardian must accompany any person under
18 years of age. The winner and their companion are responsible for ensuring that they have
valid passports, and any requisite visas, vaccinations and travel documentation. The winner
3
and their companion must depart from and return to the same departure point and travel
together. Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer
points will not form part of the Major Prize. Major Prize is subject to the standard terms and
conditions of individual prize and service providers. The winner may be required to present
their credit card at time of accommodation check in.
17. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right
to cancel, terminate, modify or suspend the promotion or suspend or modify a prize, subject
to any written directions from a relevant regulatory authority.
18. Subject to the unclaimed prize draw clause, if for any reason a winner does not
take/redeem/claim a prize (or an element of the prize, in the case of the Major Prize) then the
prize (or that element of the prize, in the case of the Major Prize) will be forfeited.
19. If any prize (or part of the Major Prize) is unavailable, the Promoter, in its discretion, reserves
the right to substitute the prize (or that part of the Major Prize) with a prize to the equal value
and/or specification, subject to any written directions from a regulatory authority.
20. The 2016 Bledisloe Cup ticket prize is subject to the event venue and ticket terms and
conditions, including any applicable age restriction. The Promoter and event organisers
hereby expressly reserve the right to eject the winner (and/or his/her companion) for any
inappropriate behaviour, including but not limited to intoxication, whilst participating in any
element of the ticket prize.
21. Total prize pool value is up to $17,950.00.
22. Prizes, or any unused portion of the Major Prize, are not transferable or exchangeable and
cannot be taken as cash.
23. A draw for any unclaimed prizes may take place on 15/01/2016 at the same time and place as
the original draw, subject to any directions from a regulatory authority. Winners, if any, will be
notified by email and telephone within two (2) business days of the draw and the Major Prize
winner’s name (if the Major Prize is awarded in the unclaimed prize draw) will be published
online at
http://www.kiwifruitwallabies.com.au from 22/01/2016.
24. 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.
25. 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 (b) subject to any written directions from a regulatory authority, to
modify, suspend, terminate or cancel the promotion, as appropriate.
26. Any cost associated with accessing the promotional website is the entrant’s responsibility and
is dependent on the Internet service provider used.
27. 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.
28. Quality control errors will not invalidate an otherwise valid Instant Prize claim. Unless
otherwise due to fraud or ineligibility under these Terms and Conditions, all Instant Prize
claims in excess of the advertised prize pool will be honoured. Any unclaimed Instant Prizes
that are part of the advertised total prize pool will be awarded in the unclaimed prize draw.
Printing and other quality control errors will not invalidate an otherwise valid Instant Prize
4
claim. Instant win game materials void if stolen, forged, mutilated or tampered with in any
way.
29. 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 (“NonExcludable
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 promotion.
30. 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) if the 2016 Bledisloe Cup event is delayed, postponed or cancelled for any
reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner
or entrant; or (g) use of/taking/redeeming a prize or participation in/attendance at the 2016
Bledisloe Cup prize event.
31. As a condition of accepting a prize, each winner (and their companion, in the case of the
Major Prize) must 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.
32. The Trustee for The Promotions Factory Unit Trust (ABN 41 660 073 054) of 75 High Street,
Prahran, VIC 3181 (“TPF”) will be collecting entrants’ 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. The winners’ names will be passed onto Coles
Supermarkets Australia Pty Ltd (ABN 45 004 189 708) of 800 Toorak Road, Hawthorn East,
Melbourne, VIC 3123 (“Coles”) and the Promoter. Entry is conditional on providing this PI.
TPF will also use and handle PI as set out in their Privacy Policy, which can be viewed at
http://www.kiwifruitwallabies.com.au/privacy-policy. The Promoter and Coles will use and
handle the winners’ PI as set out in their respective Privacy Policies, which can be viewed at
http://winnersbars.com.au/usher-boyd-privacy-policy/ (for the Promoter) and
http://www.coles.com.au/privacy (for Coles). Sales data will be collated by TPF from entrants’
information provided on entry and will be sent to the Promoter and Coles for their own
research purposes. All sales data sent to the Promoter and Coles will not contain any
personal details of entrants (i.e. will be de-identified information). The Privacy Policies also
contain information about how entrants/winners (as applicable) may opt out, access, update
or correct their PI, how entrants/winners (as applicable) 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 TPF. The Promoter, Coles and TPF will not
disclose entrants’/winners’ (as applicable) personal information to any entity outside of
Australia.
33. 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.
34. The Promoter is The Trustee for UB Unit Trust (ABN 75 946 467 272) of level 6, 330 Collins
Street, Melbourne, VIC 3000, telephone 03 5974 8300.
5
NSW Permit No. LTPS/15/04567, ACT Permit No. TP15/06252, SA Permit No. T15/1033
Australian Competitions Club
