https://www.kinder.com/au/en/xp/listen-and-learnTERMS AND CONDITIONS:
Promoter Ferrero Australia Pty Ltd (ABN 29 001 249 261), Level 36, 100 Miller Street,
North Sydney NSW 2060.
Competition
Period
Entries open at 12:00am AEST (2:00am NZST) on 01/05/23 and close at
11:59pm AEST on 31/07/23 (1:59am NZST on 31/07/23) (“Promotional Period”).
Who can
enter?
Only 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 supermarkets (including online) in Australia and all
supermarkets (excluding online) in New Zealand that stock Kinder products (each
a “Store”).
Website kinder.com/win
Qualifying
Purchase
To be eligible to enter, entrants must purchase any Kinder product from a Store
(“Qualifying Purchase”).
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, email address, postal
address, phone number, Store of Qualifying Purchase;
(c) upload a copy of the receipt for their Qualifying Purchase;
(d) 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
(e) submit the fully completed online entry form (each an “Entry”).
How many
winners will
there be and
how will they
be chosen?
Upon submitting their Entry, winners 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 300 instant prizes are available during the Competition
Period. Prizes will be randomly awarded via an online electronic prize system.
Winners will be published on the Website each Monday from 08/05/23.
A maximum of 23 instant prizes are available for weeks 1–12 of the Competition
Period and a maximum of 24 instant prizes available for week 13 of the
Competition Period (Monday – Sunday).
Every valid entry submitted will also be awarded a redemption code (as detailed
below).
What can I
win?
Upon submission of a valid entry, each entrant will be able to redeem their gift via
instructions supplied via e-mail. Each redemption code can be used for a 60-day
Booktopia Audiobook Subscription valued at $25.98. Existing Kobo audiobook
subscribers will receive two (2) audiobook credits into their account, equivalent to
a 60-day free audiobook subscription. This free Audiobook subscription trial can
only be redeemed once per entrant. Entrants must provide Booktopia with their
debit/credit card details to activate the membership. After initial 60-day period,
the subscription will automatically renew at a price of $12.99 per month. An
entrant must cancel their subscription before the end of their initial 60-day
subscription period to avoid being charged for renewal – customers will be
notified via email in advance of their trial expiring. Credits for audiobooks will
only expire once a customer has cancelled their subscription. Upon cancellation,
a customer will have a period of 6 months from the date of cancellation to spend
their unused credits. Any credits that remain after 6 months will expire and will no
longer be available for use.
There are 300 Instant prizes available.
Each instant winner will receive one (1) Smiggle speaker valued at $49.95 of their
choosing from the following options (while stocks last):
– Caticorn speaker; or
– Dino speaker.
In the event that a winner’s choice of speaker is unavailable the Promoter will
determine the speaker awarded in their sole and absolute discretion.
Total prize pool The total prize pool is up to AU$14,985.00.
How many
times can I
enter?
Multiple entries permitted, subject to the following: (a) only one (1) Entry
permitted per transaction, 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.
An entrant can only redeem a Booktopia Audiobook Subscription once. For
clarity, a single entrant cannot redeem several Booktopia Audiobook
Subscriptions.
How and when
will the
winner/s be
informed?
Winners will be notified instantly upon submitting their entry.
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: 9am AEST (11am NZST) on 31/08/23.
Unclaimed prize determination:10am AEST (12pm NZST) on 31/08/23 at
KollwitzOwen PTY LTD, Suite 526/44 Lakeview Drive, Scoresby VIC 3179.
If a prize 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 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 two (2) business days after
the unclaimed draw.
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://ferrero.com.au/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
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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. TP22/01954
SA Permit No. T22/1594
11 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
12 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
13 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.
14 Prize values are in Australian dollars (AUD). Any unused balance will be forfeited and will not
be exchangeable for cash. Any ancillary costs associated with redeeming the prize are not
included.
15 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
16 Any ancillary costs associated with redeeming the Booktopia Audiobook Subscription
redemption code are not included. Redemption of the Booktopia Audiobook Subscription
redemption code is subject to any terms and conditions of the issuer including those specified
on the Booktopia Audiobook Subscription redemption code.
General
17 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).
18 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.
19 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.
110 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.
111 You must not:
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(a) tamper with the entry process;
(b) engage in any conduct that may jeopardise the fair and proper conduct of the
competition;
(c) act in a disruptive, annoying, threatening, abusive or harassing manner;
(d) 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;
(e) breach any law; or
(f) behave in a way that is otherwise inappropriate.
112 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.
113 The Promoter’s decision is final and no correspondence will be entered into.
114 Prizes cannot be transferred or exchanged nor redeemed for cash, unless otherwise
specified.
115 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
116 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.
117 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.
118 Quality control errors will not invalidate an otherwise valid prize claim.
119 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
120 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 (“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.
121 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.
Australian Competitions Club
