Metcash & Kelloggs Special K – Win Specified In The Schedule Above (prize valued at $9,000)

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Special K Metcash Promotion Terms & Conditions (“Conditions of Entry”)
Schedule
Promotion: Special K Metcash Promotion
Promoter: Kellogg (Aust.) Pty. Ltd. ABN 30 004 110 105, 41-51 Wentworth Avenue, Pagewood, NSW 2019, Australia. Ph:
029384 5739
Promotional
Period:
Start date: 28/07/2020 at 12:01 am AEST
End date: 6/09/2020at 11:59 pm AEST
Eligible
entrants:
Entry is only open to Australian residents who are 18 years and over.
Entrants must have consent from their local AFL club to enter on their behalf for the prize.
How to
Enter:
To enter the Promotion, the entrant must complete the following steps during the Promotional Period:
a) purchase any Special K cereal from any IGA or Foodworks store within Australia (“Participating Stores”);
b) visit kelloggs.com.au/specialkwin, follow the prompts to the Promotion entry page;
c) sign up to be a Kellogg’s account member or login if an existing member; and
d) fully complete and submit the entry form with all requested details, including an answer to the
promotional question: Tell us in 25 words or less How do you rise up to achieve your goals?; provide the
full name and address of their local AFL club, and upload a photo or scanned copy of their purchase receipt
for the qualifying purchase.
ONLY JPG, JPEG, PNG, PDF file formats for the photo/scanned copy of receipt. File size cannot exceed 6MB.
Proof of Purchase: The entrant must retain proof of purchase. The proof of purchase required is an original
receipt for the qualifying purchase.
Entries
permitted:
Multiple entries permitted subject to the following:
a) limit one (1) entry permitted per Special K product purchased in accordance with the How to Enter
instructions;
b) maximum of one (1) entry permitted per person each day; and
c) each entry must be completed in accordance with the entry instructions above.
Total Prize
Pool:
AUD $9,000.00
Prize Description Number of
this prize
Value (per prize) Winning
Method
The prize includes:
a training session with two (2) AFLW players at the winner’s local
football club; and
AUD$5,000 for the winner’s local AFL football club (awarded as a
cheque or via EFT to the local AFL football club’s bank account)
The training session must take place on a date agreed on between the
Promoter, the AFLW players and the winner prior to August 31, 2021.
In the event of a disagreement as to when this session will take, the
Promoter’s decision will be final.
Training session will involve the winner and up to 60 of players
(maximum) from the winner’s local AFL football club.
1 AUD$9,000.00 Judging
Winner
notification:
The winner will be contacted by phone and/or email within five (5) days of the judging.
Unclaimed
Prizes:
In the event of an unclaimed prize, the Promoter may at its discretion assign the prize to the entry judged the
next best entry, conduct a further judging to award the prize, or withdraw the prize unawarded. The Promoter
is under no obligation to award any unclaimed prize.
© 2020 Plexus Services Pty Ltd. Do not reproduce or amend without authority.
1. The entrant agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that entry into the
Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these
Conditions of Entry have the meaning given in the Schedule, unless stated otherwise.
2. The Promotion commences on the Start Date and ends on the End Date (“Promotional Period”). Entries are deemed to be
received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the
Promoter and its agencies are final and conclusive as to the time of receipt.
3. Valid and eligible entries will be accepted during the Promotional Period.
4. Employees (and the immediate family members) of the Participating Stores, agencies/companies directly associated with the
conduct of this Promotion, the Promoter, its distributors, suppliers, subsidiary companies/businesses and associated
companies and agencies are not eligible to enter. “Immediate family member” 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.
5. Judging:
a) The winner will be determined by representatives of the Promoter. Each entry will be judged on the basis of the
individual originality of the answer provided to the promotional question.
i) The best valid entry, as determined by the judges, will win the prize specified in the Schedule above.
ii) The judges may select additional reserve entries which they determine to be the next best, and record them in
order, in case of an invalid entry or ineligible entrant.
iii) The winner will be determined by skill. Chance plays no part in determining the winner. The judges’ decision is final
and binding and no correspondence will be entered into.
6. All reasonable attempts will be made to contact each winner.
7. If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize by the time specified by the
Promoter, or is unavailable, they forfeit the prize and the Promoter is not obliged to substitute the prize.
8. Where entry is allowed by purchase or subscription, the cost of the product or service is no greater than the cost would be
without the opportunity to participate in the Promotion.
9. Entrants must keep their proof of purchase specified in the How to Enter section for each entry as proof of purchase (“Proof
of Purchase”). If an entrant fails to produce the Proof of Purchase for a specific entry or each entry, as and when requested
by the Promoter, the Promoter has the right to invalidate the entrant’s respective entry/entries for which Proof of Purchase
cannot be provided and/or all entries submitted by that entrant and/or forfeit the entrant’s right to a prize. Purchase
receipt(s) must clearly specify: (a) the store of purchase as a Participating Store; (b) the required product/s or service/s to be
purchased for entry; and (c) that the purchase was made during the Promotional Period and prior to entry.
10. The value of the prize is accurate and based upon the recommended retail value of the prize (inclusive of GST) at the date of
printing. The Promoter accepts no responsibility for any variation in the value of the prize after that date.
11. No part of a prize is exchangeable, redeemable for cash or any other prize or transferable, unless otherwise specified in
writing by the Promoter.
12. If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or that portion of the
prize) to a prize of equal or greater value and/or specification.
13. No entry fee is charged by the Promoter to enter the Promotion. Where entry is allowed online, there is no additional cost to
enter the Promotion other than any cost paid by the entrant to access the website or social media platform of entry via their
Internet service provider.
14. The prize will be awarded to the person named in the entry and any entry that is made on behalf of an entrant or by a third
party will be invalid. If there is a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole
discretion, to determine the identity of the entrant or winner.
15. Entrants’ personal information will be collected by the Promoter. Personal information will be stored on the Promoter’s
database. The Promoter may use this information for future marketing purposes regarding its products, including contacting
the entrant electronically. The Promoter is bound by the Australian Privacy Principles in accordance with the Privacy Act
1988 (Cth) and its privacy policy which is located at https://www.kelloggs.com.au/en_AU/privacy-policy.html. The
Promoter’s privacy policy contains information about how the entrant may access, update and seek correction of the
© 2020 Plexus Services Pty Ltd. Do not reproduce or amend without authority.
personal information the Promoter holds about them and how the entrant may complain about any potential breach by the
Promoter of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt
with. The Promoter collects personal information about entrants to enable them to participate in this Promotion and may
disclose the entrants’ personal information to third parties including its contractors and agents, prize suppliers and service
providers to assist in conducting this Promotion. If the entrant does not provide their personal information as requested,
they may be ineligible to enter or claim a prize in the Promotion. Personal information collected from entrants will not be
disclosed to any entity located outside of Australia.
16. The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of the prize, if the Promoter
determines in their absolute discretion, that a winner is not in the physical or mental condition necessary to be able to safely
participate in or accept the prize. It is a condition of accepting the prize that the winner may be required to sign a legal
release as determined by the Promoter in its absolute discretion, prior to receiving the prize.
17. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize
supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The terms and
conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry, to the
extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to
deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in
these Conditions of Entry or otherwise.
18. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these
Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights
under any applicable law including the Competition and Consumer Act 2010 (Cth).
19. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus,
communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond
the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and
invalidate any affected entries, or suspend or modify a prize.
20. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant’s details (including
an entrant’s identity, age and place of residence). In the event that a winner cannot provide suitable proof as required by the
Promoter to validate their entry, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete,
indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter’s discretion be deemed invalid
and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third
party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any
other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may
render all entries submitted by that individual invalid.
21. All material submitted on entry (e.g. photo(s), image(s), drawing(s), comment(s), sound/video recording(s) and answer(s) to
a promotional question) must NOT: (a) be in breach of any laws, regulations and rights, e.g. any laws regarding intellectual
property (copyright, trademarks, etc), defamation and privacy; (b) be defamatory, obscene, derogatory, pornographic,
sexually inappropriate, contain nudity, aggressive, violent, abusive, harassing, threatening, objectionable or
discriminate/vilify any section of the community with respect to race, ethnicity, nationality, religion, origin, sexual
preference, mental illness, disability or gender or unsuitable for publication; or (c) contain viruses. Entrants warrant that they
own or have the right to license the copyright in any entry submitted by them into this Promotion, for the purposes of this
Promotion, that no rights have been granted to any third party in respect of any such entry which would prevent the entry
being used as contemplated by this Promotion, and that the use by the Promoter of any such entry will not breach any laws
or infringe the rights of any person (including without limitation with respect to privacy, intellectual property and
defamation). Entrants must obtain prior consent from any person or from the owner(s) of any property that appears in their
entry. By entering, all entrants license and grant the Promoter, its affiliates and sub-licensees an exclusive, royalty-free,
perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry
(including any portion of their entry) for any purpose, including but not limited to future promotional, marketing or publicity
purposes, in any media, without compensation, restriction on use, attribution or liability. Entrants further agree, upon
request by the Promoter, to assign all of their rights, title and interest (including copyright) in and to their entry to the
© 2020 Plexus Services Pty Ltd. Do not reproduce or amend without authority.
Promoter and to sign any legal documentation to confirm such assignment. Entrants agree that their entry is their original
work and does not infringe the rights of third parties, or that they have obtained full prior consent from any person who has
jointly created or has any rights in the aforementioned material. Entrants consent to any use of their entry that may
otherwise infringe their moral rights. Entrants are responsible for all entries they submit on entry. The Promoter will not be
liable for any entries, to the extent permitted by law. The Promoter reserves the right to remove, request removal or decline
to publish any entry or portion of an entry for any reason whatsoever, including if in breach of these Terms and Conditions.
The Promoter will have no liability to entrants if it exercises this right and entrants must comply with any request made by
the Promoter pursuant to this paragraph.The entrant warrants and represents that any material sent or provided by the
entrant to the Promoter will not infringe any copyright, trademarks or other intellectual property rights of any third party
(including moral rights) and that the entrant has all rights to use the materials and has obtained all necessary consents to
comply with any relevant privacy and/or confidentiality requirements. Entrants agree to indemnify the Promoter for any
breach of the Terms and Conditions including this clause.
22. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the
event that there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and binding on
each entrant and no correspondence will be entered into.
23. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect,
special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained
(whether or not arising from any person’s negligence or wilful misconduct) in connection with this Promotion or accepting or
using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is
limited to the minimum allowable by law).
24. The entrant will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the
Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the
Promoter may use any such marketing and editorial material without further reference or compensation to them.
25. Unless otherwise specified, a prize is a single event for the winner (and where relevant their guests) and cannot be separated
into separate events or components.
26. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial
advice in regards to the tax implications relating to the prize or acceptance of the prize.
27. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.