Coles – Post a review to win the Ultimate Coles Grill BBQ Experience incl catering at your home for 20 or $50 Coles Gift Card

Coles GRILL BBQ Campaign

Tell us what you think about our new Coles Grill products to WIN* a fully catered BBQ for 20 people and a brand-new BBQ for summer

Terms and Conditions

1. Information on how to enter the Coles Grill BBQ Campaign (the “Campaign”) forms part of these Terms and Conditions. Entries not completed in accordance with these Terms and Conditions will be rejected.

2. Entry into this Campaign is deemed acceptance of these Terms and Conditions.

3. The promoter is Coles Supermarkets Australia Pty Ltd (ABN 45 004 189 708) of 800 Toorak Road, Hawthorn East, Victoria 3123 (Promoter). The Campaign is co-ordinated by Channel T Pty Ltd (ABN 99 118 105 025) Suite 1A, 90 York Street, South Melbourne, VIC, 3205, Australia ( Channel T).

4. Any questions or comments regarding the Campaign should be directed to the Promoter or Channel T and not to Facebook.

Definitions

5. In these Terms and Conditions and the Campaign:

a. ‘Facebook’ means the social networking site available at www.facebook.com which members of the public can become of member of (subject to the terms and conditions of Facebook);

b. ‘Facebook Account’ means an account with Facebook set up by a Facebook Member;

c. ‘Facebook Application’ means the Coles Grill Facebook application available for download at http://colesgrill.fbapp.com.au

d. ‘Facebook Member’ means a person who 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;

e. ‘Coles Facebook page’ means the Facebook page available at www.facebook.com/Coles

f. ‘Product’ means a Coles GRILL product that is available and in stock at a participating Coles store;

g. ‘Review’ means a written review, testimonial or comment relating to your BBQ experience of the Product which may include a photo (provided you have the express consent of any person that appears in the photo or image).

h. ‘Major Prize’ means an Ultimate Coles GRILL BBQ Experience incorporating a catered BBQ (food only) at the winners home for 20 people to the value of $800 RRP and a new BBQ supplied to the value of $1,190 RRP. ;

i. ‘Secondary Prize’ means one $50 Coles Gift voucher which voucher may be subject to further terms and conditions in relation to the use and redemption of the voucher and will may appear on or with the physical voucher;

j. ‘Weekly prize’ means $50 Coles gift voucher which voucher may be subject to further terms and conditions in relation to the use and redemption of the voucher and will may appear on or with the physical voucher

All monetary values described above represent the recommended retail price of each item or product as at 1st October 2013.

Dates

6. The Campaign commences at 2:00pm (AEST) on 16th October 2013 and closes at 11:59am (AEDT) on 29th November 2013 ( Campaign Period).

Entries

7. Subject to clause 22, participation in this Campaign is only open to those persons who:

a. are Australian residents;

b. are aged 18 years of age or over;

c. are a Facebook Member;

d. have accepted the Facebook Application (which includes acceptance of the Facebook Application terms of use which include, among other things, permission for posts to be automatically made on that persons Facebook Page by the Promoter or Channel T relating to the Facebook Application or that person’s use of said Facebook Application); and

e. otherwise fulfil the entry requirements set out in these terms and conditions,

(Eligible Applicants).

Game of skill

8. This Campaign is a game of skill and chance plays no part in determining the winner.

9. To enter (Entry), Eligible Applicants must during the Campaign Period :

a. purchase or legally obtain one or more of the Products;

b. sample one or more of the Products as the Product was intended;

c. log on to their Facebook Account;

d. access the Facebook Application on the Coles Facebook page

e. complete a Review on the Facebook Application;

f. acknowledge they are over 18;

g. read and agree to these Terms and Conditions and the Promoter’s privacy policy http:// www.coles.com.au/coles/privacy.aspx; and

h. when prompted, click on the link and submit their first name, last name, email address and phone number via the online secure form provided.

10. Multiple Entries are permitted per Eligible Applicant, subject to the following conditions:

a. each Review must be substantially unique to the Review contained in the previous Entry; and

b. each Review must be submitted separately and in accordance with the requirements of clause 9 and the terms and conditions of this Campaign.

11. All Reviews posted on the Facebook Application must be relevant to the Product, as determined by the Promoter and Channel T in their absolute discretion. The Promoter and/or Channel T reserve the right to review the uploaded Reviews and material and remove and reject any Reviews or material which are offensive or inappropriate in any way or are otherwise in breach of these Terms and Conditions, as determined in the Promoter’s and/or Channel T’s absolute discretion.

12. An Eligible Applicant acknowledges and agrees that their submission, use, participation, and sharing of their Review, the Facebook Application, the Coles Facebook page or this Campaign may cause information, links or the Eligible Applicant’s first name to be displayed on the Facebook Application or their Facebook news feed and timeline. Each Eligible Applicant who submits an Entry acknowledges that their Entry (or part thereof) may be used by Channel T or the Promoter in the future (for more information please refer to clause 36 below).

Judging

13. At the end of the Campaign Period, Channel T and the Promoter will judge all valid Entries received during the Campaign Period taking into account:

a. the quality of the Entry;

b. the originality and creativity of the Entry;

c. the relevance of the Entry to the Product; and

d. any other factors that the Promoter or Channel T may consider relevant in determining the winners of this Campaign.

14. Judging will take place at 2:00pm AEST on 6th December 2013 at Suite 1A, 90 York Street, South Melbourne, VIC, 3205, Australia.

Prize winners

15. The best Entry as determined by the judging panel will receive one (1) Major Prize. The winner will be notified by email within 21 days of the Campaign Period ending.

16. The next 20 best Entries as determined by the judging panel will each receive one (1) Secondary Prize. Winners will be notified by email within 21 days of the Campaign Period ending.

17. Each week during the Campaign Period (7 weeks in total), the Promoter or Channel T may select up to two (2) Entries which are deemed by the judging panel to be of high quality to win one (1) Weekly Prize . Eligible Applicants that have been awarded one Weekly Prize will not be eligible for any additional Weekly Prizes except at the discretion of the Promoter. Winners of the Weekly Prize will be eligible for the Major Prize and Secondary Prize.

18. The total prize pool value for this Campaign (based on the estimated value of each Prize as at 6th September 2013) is $3,690 AUD.

19. If any Prize is not claimed within three months after the judging date, the Winner will forfeit his or her Prize. The Promoter may award a forfeited Prize to the next-best Entry as determined by the judging panel appointed by the Promoter. The winner of any unclaimed Prize will be notified by email on 10th March 2014.

Please note that further terms and conditions (clauses 18 to 51 inclusively) apply to this Campaign and must be read and understood prior to entering this Campaign.

General Conditions

20. These General Conditions apply to the entire Campaign. Headings are for reference purposes only.

21. Interpretation:

a. Any reference to an entrant includes a reference to an applicant, Eligible Applicant or participant and any reference to an Entry includes an application (and vice versa).

b. Any reference to a winner includes a Prize winner

Facebook acknowledgements

22. Participation in this Campaign is considered acceptance of the following:

a. a complete release of Facebook by any entrant;

b. an acknowledgement that this Campaign is in no way sponsored, endorsed or administered by, or associated with Facebook; and

c. that the information provided by each entrant is provided to Channel T and the Promoter (as detailed in these Terms and Conditions) and not to Facebook.

23. Participation and entry in this Campaign is conditional upon the entrant complying with all rules, regulations and guidelines set down by Facebook.

Applications and entries

24. Employees (and their immediate families) of the Promoter, Channel T and agencies associated with this Campaign 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. Channel T and 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 and/or Channel T’s discretion. Failure by the Promoter and/or Channel T to enforce any of their rights at any stage does not constitute a waiver of those rights.

26. Incomplete, indecipherable or illegible entries will be deemed invalid.

27. If there is a dispute as to the identity of an entrant, the Promoter and/or Channel T reserve the right, in their sole discretion, to determine the identity of the entrant.

28. 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.

29. Any costs associated with becoming eligible to apply, applying or participating in this Campaign such as internet access, download costs, will be at the cost of the entrant.

Products

30. The Promoter’s and Channel T’s decision in relation to any aspect of this Campaign, including the selection of any winner and the criteria applied by the Promoter and/or Channel T in determining Influencers and/or the winners, is final and binding on every person who enters. No correspondence will be entered into.

31. Prizes (and parts thereof) are not transferable or exchangeable and cannot be taken as cash.

32. If any Product, or Prize (or part thereof) 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.

33. Delivery details of all prizes will be specified by email.

34. Should an entrant’s contact details change during the relevant Campaign Period, it is the entrant’s responsibility to notify Channel T and the Promoter. A request to access or modify any information provided in an entry should be directed to Channel T or the Promoter.

35. 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.

36. 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, Channel T and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.

37. All values and amounts that appear in these Terms and Conditions are inclusive of GST unless expressly stated otherwise.

Submission of Content or Material

38. When any entrant submits, produces or distributes any material for this Campaign including, but not limited to Reviews, images and/or survey responses or sharing of links (“Content”), the entrant, unless the Promoter or Channel T advises otherwise, licenses and grants the Promoter and Channel T, 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.

39. Entrants agree that they are fully responsible for the Content they submit, produce, share and/or distribute. The Promoter and Channel T shall not be liable in any way for such Content to the full extent permitted by law.

40. The entrant warrants that the Content they submit is:

a. the original, independent creation of the entrant that has not previously been published in any form in any country in the world; and

b. free from any claims, including copyright or trademark claims by other parties.

The Promoter and Channel T shall not be liable in any way for such Content to the full extent permitted by law.

41. The Promoter and/or Channel T may remove any Content that does not comply with these Terms and Conditions or the Channel T 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 and/or Channel T 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 and/or Channel T reserve the right to disqualify any entrant who submits or uploads any material that does not comply with these Terms and Conditions.

42. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter and/or Channel T against all loss, damages and costs incurred by the Promoter and/or Channel T for any breach of the above terms.

43. Entrants acknowledge that entries, including Reviews will be posted on to the Channel T Website and be available for public viewing.

Variations to the Campaign

44. The Promoter and Channel T may, in their absolute discretion, but subject to State and Territory law, modify, suspend, cancel, recommence or extend this Campaign, as appropriate, if:

a. for any reason, this Campaign is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical or software failures or any other causes beyond the control of the Promoter or Channel T which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Campaign; 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.

45. Where the Promoter or Channel T does modify, suspend, cancel or in any way amend the Campaign, the Promoter and/or Channel T will provide notice of this on the Channel T Website and the relevant promotion Facebook page (if any).

46. Any cost associated with accessing the Channel T Website, Campaign and/or Facebook or participating in this Campaign is the entrant’s responsibility and is dependent on the Internet service provider used.

Limitation of Liability

47. Except for any liability that cannot be excluded by law, the Promoter and Channel T (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 Campaign, including, but not limited to, where arising out of the following:

a. any technical difficulties or equipment malfunction (whether or not under the Promoter’s or Channel T’s 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 or Channel T) due to any reason beyond the reasonable control of the Promoter or Channel T;

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 Campaign or use or misuse of a 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 and Channel T 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 Campaign (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.

49. Channel T collects personal information in order to conduct this Campaign 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 and/or Channel T 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 Channel T.

50. All entries into this Campaign will become the property of Channel T.

51. The Promoter’s privacy policy can be viewed at http://www.coles.com.au/coles/privacy.aspx;

and Channel T’s privacy policy can be viewed at http://www.vibevillage.com.au/other/Privacypolicy.aspx

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 laws of the State of Victoria and all parties submit to the non-exclusive jurisdiction of the Courts of that State.