Coles

Terms &
conditions

terms and conditions

Coles Stikeez Fresh Friends 2020 Campaign – Terms & Conditions

1. General

1.1 The Coles Stikeez Fresh Friends campaign (“Campaign”) is owned and managed by Coles Supermarkets Australia Pty Ltd ABN 45 004 189 708 (“Coles”), whose main office is at 800 Toorak Rd, Hawthorn East, Vic, 3123.

1.2 Participation in the Campaign is governed by these terms and conditions.  Any person not complying with these terms and conditions is ineligible to participate in the Campaign. Acceptance of a Coles Stikeez Fresh Friends Collectable (“Collectable”) and participation in this Campaign is deemed acceptance of these terms and conditions.

2. Coles Stikeez Fresh Friends Collectable Participation

2.1 For every $30 spent in one transaction after any applicable discounts and exclusions set out below (“Qualifying Spend”) at any Coles Supermarket stores, Coles Express stores, or on Coles Online between 00:01am AEDT 12 February 2020 to 11.59pm AEDT 24 March 2020 (“Campaign Period”), Coles will provide customers with one Collectable while stocks last. A maximum limit of twenty collectables per qualifying transaction applies for Coles Online.

2.2 There is a total of 29 unique Collectables, which includes five rare Collectables. The award of a Collectable is subject to stock availability and is at the sole discretion of Coles. Collectable/s must be redeemed at the point of purchase and at the time of the relevant transaction.

2.3 Collectables are provided to customers entirely at random and cannot be exchanged by Coles team members for another Collectable once provided to the customer.

2.4 The Qualifying Spend is calculated after applying all savings and discounts and excludes the purchase of Coles Insurance products, Uber Eats, eBay, iTunes cards, gift cards, mobile phone and mobile phone plans, recharge, Opal top up, calling cards, liquor, tobacco and tobacco related product purchases, AdBlue, Trailer Hire and Lottery cards. Other products may also be excluded at Coles’ discretion during the Campaign Period.

2.5 Qualifying Coles Online orders must be ordered from 12 February 2020 and delivered by 24 March 2020. The Coles Online service and delivery fee is excluded when calculating whether the customer has met the Qualifying Spend. A maximum limit of twenty Collectables per customer, per transaction applies for all Coles Online transactions. This limit excludes any Bonus Collectables earned in a Coles Online transaction.

2.6 Collectables will only be available during the Campaign Period or while stocks last. Coles accepts no liability if Collectables become unavailable.

2.7 Coles may decide at its absolute discretion to extend or otherwise amend the Campaign Period.

2.8 Coles may from time to time at its discretion offer bonus collectables (“Bonus Collectables”). One Bonus Collectable will be awarded when a customer spends $30 in one transaction and also purchases one or more products from a participating brand or product range. A maximum limit of one Bonus Collectable per participating brand family or product range, per transaction applies. Excludes Coles Express. A full list of participating products can be found in clause 8 of this document. Coles will communicate in store and/or externally if, how and when Bonus Collectables will be provided.

2.9 Coles may from time to time at its discretion also offer Double collectables (“Double Collectables”). Double Collectables will result in 2 Collectables being awarded when a customer spends $30 in one transaction. Coles will communicate in store and/or externally if, how and when Double Collectables will be provided.

2.10 The Collectables are for those aged 5 years and older. Adult supervision is advised for those aged younger than 5 years of age due to the risk of choking. There are important safety warnings on the packaging of the Collectables so please save this information for future reference.

3. Liability

3.1 Certain legislation may imply warranties or conditions or impose other obligations including statutory consumer guarantees which cannot be excluded, restricted or modified except to a limited extent. To the extent permitted by law, Coles excludes all guarantees, warranties, conditions or other terms that apply under or are implied by statute, common law or trade customer or usage except as set out in these terms and conditions.

3.2 If in the conduct of this Campaign, Coles is liable for a breach of any guarantee, warranty, condition or other term that applies under the Competition and Consumer Act 2010 (Cth.) or is implied by any other Commonwealth, State or Territory law that cannot be excluded, Coles’ liability under that legislation is limited, to the extent permitted by law, to the cost of replacement of any benefit provided.

3.3 Coles, its associated agencies, companies and third parties associated with this Campaign will not be liable for any loss (including, without limitation, indirect, special or consequential loss, loss of opportunity, or loss of profits), expense, damage, personal injury, illness or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this Campaign or accepting or using any benefit, except for any liability which cannot be excluded by law (in which case the liability is limited to the minimum allowable by law). Nothing in these conditions 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).

3.4 As a condition of accepting the Collectable or elements of the Collectable and participating in the Campaign on behalf of a recipient or customer under the age of 18 years old, the recipient’s or customer’s parent or guardian accepts these terms and conditions.

4. Intellectual Property Rights and websites

4.1 The material contained on the site coles.com.au/stikeez (“Campaign Website”) is protected by copyright. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute the material on the Campaign Website, or create any other material using material on the Campaign Website, without obtaining the prior written consent of Coles.

4.2 Trade marks (whether registered or unregistered) and logos used on the Campaign Website must not be used or modified in any way without obtaining the prior written consent of Coles.

4.3 The Campaign Website and Products, technology and processes contained on them may be the subject of other intellectual property rights owned by Coles or by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these terms. Your use of the Program Website must not in any way infringe the intellectual property rights of any person.

4.4 The Campaign Website may contain links to, or from, websites of third parties (“External Sites”). Coles is not required to maintain or update the links. Links to, or framing of, External Sites should not be construed as any endorsement, approval, recommendation or preference by Coles of the owners or operators of the External Sites, or for any information, products or services referred to on the External Sites unless expressly indicated on the Program Website. Coles does not make any warranties and accepts no liability in relation to material contained on External Sites.

5. Privacy Notice

5.1 Coles treats compliance with the Privacy Act 1988 (Act) and the Australian Privacy Principles very seriously and is committed to handling the personal information we collect in accordance with our privacy policy and the requirements of the Act.

5.2 To the extent that Coles is collecting or accessing any personal information as part of this Campaign, Coles may use such information including personal information that a cardholder of a registered flybuys card (Cardholder) has provided to it for the purpose of running the Campaign, and also in advertisements, publications, media statements and other Campaign material associated with this Campaign. Coles may disclose the information for those purposes to its related bodies corporate, agencies and contractors (including call centres, advertising agencies and direct mail houses) which Coles engages for that purpose.

5.3 A copy of the Coles privacy policy can be viewed at https://www.coles.com.au/privacy. To request access to, or to update, personal information Coles holds about Cardholders can contact Coles in writing at privacy@coles.com.au

6. Media

6.1 By participating in the Campaign, participants consent to Coles using the participant’s name, locality, number of collectables redeemed, and/or products redeemed in any media (including but not limited to TV, radio, catalogue, press and point of sale) without compensation for the purposes of publicising and marketing the Campaign.

6.2 From time to time, a participant may be requested to submit photographs to the campaign website in relation to the participant’s involvement in the Campaign. Coordinator will ensure relevant consents have been obtained for Coles to publish such photographs on the Campaign website, and to use such photographs in any media (including but not limited to TV, radio, catalogue, press and point of sale) without compensation for the purposes of publicising and marketing the Campaign.

7. General

7.1 These terms and conditions are governed by the laws of Victoria in Australia, and any dispute in relation to these terms and conditions or your access or use of the Campaign Website will be the exclusive jurisdiction of the Courts of Victoria.

7.2 Coles may vary these terms and conditions at any time, and by accepting a Collectable you consent to any variations. Coles will not notify of these variations and it is your responsibility to regularly check these terms and conditions for any variations.

7.3 Any failure by Coles to act or enforce these terms and conditions immediately will not be considered a waiver of Coles’ right to take any such action.

7.4 If any of these terms and conditions are unenforceable or held to be invalid, the offending provision/s will be removed from these terms and conditions and the amended terms and conditions will remain in force.

7.5 Each provision of these terms and conditions is severable. The terms and conditions remain enforceable even if individual clauses are removed or deemed unenforceable.

8. Participating Brand or Product Ranges

8.1 One Bonus Collectable will be awarded when a customer spends $30 in one transaction and also purchases one or more products from a participating brand family or product range indicated below. Excludes Coles Express. A maximum limit of one Bonus Collectable per participating brand or product range, per transaction applies.

  • Wonder Loaf or Wrap range

  • Coles Finest by Laurent Loaf range

  • Primo Sliced Meats 80-100g range

  • Dairy Farmer’s Thick & Creamy Yoghurt Range

  • Sunbites range

  • Old El Paso Meal Kits or Tortillas range

  • Nescafe Blend 43 range

  • Colgate Dental range

  • Head & Shoulders range

  • Finish range

  • I’m Free From Chip range

  • Coles Mum’s Sause range

9. Coles Express Promotions

9.1 One Bonus Collectable will be awarded when a customer spends $30 and purchases any sandwich or wrap product at Coles Express in one transaction. Offer valid between 00:01am AEDT 12th February 2020 until close of trade AEDT 24th March 2020 or while stocks last. Excludes Coles Supermarkets, Coles Local and Coles Online purchases. Offer must be redeemed at point of purchase. Offer is only valid at select Coles Express sites and is conditional on product availability. See https://www.colesexpress.com.au/whats-in-store.aspx for a list of participating sites. A maximum limit of one Bonus Collectable per sandwich or wrap, per transaction applies.

9.2 For every $30 spend and purchase of a Coles Express Banana Bread at any Coles Express store (excluding Coles Supermarket, Coles Local & Coles Online) between 00:01am AEDT 26th February 2020 until close of trade AEDT 10th March 2020, Coles Express will provide customers with a free limited-edition Banana Bread collectable. While stocks last. A limit of one free Collectable per $30 spend, and Coles Express banana bread purchase will be applied. $30 spend and banana bread purchase must be in the same transaction to qualify. Limited edition collectable must be redeemed at point of purchase. While Stocks Last.

Coles 'Find To Win' Instant Win Competition

General

  1. The competition is a game of chance and is authorised under the permits.

  2. The material used to market and promote the competition forms part of the competition terms. If there is an inconsistency between the material used to market and promote the competition and the competition terms, the competition terms prevail.

Eligibility to enter

3. During the competition period, anyone may enter the competition, provided that they are:

  • (a) over 18 years of age

  • (b) a resident of Australia; and

  • (c) not an employee or immediate family member of the promoter or an agent of the promoter who is connected with the competition.

Entering

4. By entering the competition, entrants accept the competition terms. 5. To enter, entrants must:

  • (a) Spend $30 or more in one transaction after any applicable discounts and exclusions set out below (“Qualifying Spend”) at Coles Supermarket stores, Coles Local stores, Coles Express stores, or on Coles online between 00:01am AEDT 12/02/2020 to 11:59pm AEDT 24/03/2020 (“Promotional Period”) and receive a Coles Fresh Stikeez collectable. Coles online orders must also be delivered during the Promotional Period to qualify.

  • (b) If the Coles Fresh Stikeez collectable is a Gold Avocado collectable, you are eligible to win a Prize, provided there is a leaflet in the pack with a unique code.

  • (c) To win a Prize, you must enter the unique code found on the leaflet in the pack with the Gold Avocado collectable, on www.coles.com.au/Stikeez , by 11:59pm AEST 14/05/2020. Allow up to 28 days from the date you’ve claimed your Prize for it to be delivered to the supplied mailing address.

6. The promoter will post winners’ names and postcodes at www.coles.com.au by 21/05/2020.

7. The Qualifying Spend is calculated after applying all savings and discounts and excludes the purchase of Coles Insurance products, donations, iTunes cards, gift cards, mobile phone and mobile phone plans, recharge, liquor, tobacco and tobacco related product purchases, AdBlue, Trailer Hire and Lottery cards. Entrants may only claim one prize per unique code found with the Gold Avocado collectable.

8. The promoter may deem as invalid any entry which:

  • (a) is illegible, incomprehensible, offensive or incomplete; or

  • (b) includes objectionable, profane, insulting, inflammatory or defamatory material

  • (c) violates our social media policy or any law or code

9. The promoter may disqualify any entrant who:

  • (a) enters the competition without being eligible;

  • (b) tampers with the entry process;

  • (c) submits an entry that is not in accordance with the competition terms; or

  • (d) in entering the competition, engages in conduct which is fraudulent, misleading, deceptive or damaging to the goodwill or reputation of the competition or the promoter.

  • (e) Attempts to redeem a unique code that has already been redeemed through coles.com.au/stikeez

10. Failure by the promoter to exercise its rights under paragraph 8 or paragraph 9 does not constitute a waiver of the promoter’s rights under paragraph 8 or paragraph 9.

11. If the entrant’s contact details change, the entrant must notify the promoter.

Awarding prizes

12. The promoter may request that the winner provide proof of identity, proof of ownership of the leaflet from pack, proof of age and proof of residency to the promoter’s reasonable satisfaction before awarding the prize.  If the winner does not provide proof of identity, proof of age or proof of residency to the promoter’s reasonable satisfaction by 11:59pm AEST 14/05/2020, the promoter may re-distribute the prize as per paragraph 16.

13. The winner must redeem the prize by 11:59pm AEST 14/05/2020.  If a winner does not redeem the prize by 11:59pm AEST 14/05/2020, the promoter may redistribute the prize in accordance with paragraph 16.

14. In consideration of the promoter awarding the prize to a winner, the winner:

  • (a) consents to the promoter using his or her name, likeness, image, voice and entry in any marketing and promotion of the competition, the promoter or the promoter’s business;

  • (b) agrees to use the prize in accordance with the supplier’s specified requirements; and

  • (c) agrees that the prize is not transferable or exchangeable and cannot be taken as cash.

15. If the prize is unavailable, the promoter may substitute the prize with a substitute prize, provided that the substitute prize is of the same or similar value or specification as the prize subject to legislative approval.

Unclaimed prizes

16. If:

  • (a) the winner does not provide proof of identity, proof of ownership of the leaflet from pack, proof of age or proof of residency to the promoter’s reasonable satisfaction by 11:59pm AEST 14/05/2020; or

  • (b) if the winner does not accept the prize by 11:59pm AEST 14/05/2020 as the winner; or

  • (c) for any other reason a prize remains unclaimed by 11:59pm AEST 14/05/2020 (collectively referred to as Unclaimed Prizes)

the Promoter will re-distribute any Unclaimed Prizes by providing them to RedKite (or an alternative charity if necessary).

17. RedKite is an Australian cancer charity who provide essential support to children and young people (0-24 years) with cancer, and the family and support network who care for them.

18. The Unclaimed Prizes will be re-distributed to RedKite (or the alternative charity) by 14/06/2020.

Force Majeure

19. If there is a force majeure event which prevents or materially and adversely affects the promoter’s ability to market, promote and run the competition in accordance with the competition terms, the promoter may cancel, terminate, modify, suspend or postpone the competition subject to legislative approval.

Liability

20. The promoter is not liable for any loss, expense, damage or liability suffered or incurred by entrants and winners in connection with the competition, including:

  • (a) any late, lost, altered, damaged or misdirected entries or prize acceptance, including delays due to technical disruptions or network congestion;

  • (b) any incorrect or inaccurate information caused by equipment or programming associated with or utilised in the competition;

  • (c) any technical error, including any omission, interruption, deletion, defect, delay in operation or transmission or communications line, telephone, mobile or satellite network failure; and

  • (d) any theft, destruction, unauthorised access to or alteration of entries; and

  • (e) any use of the prize or any tax liability incurred by the winner as a result of accepting the prize.

21. Nothing under paragraph 20 is intended to limit entrants’ or winners’ rights under the Australian Consumer Law 2010.

22. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook and Facebook is not liable for any loss, expense, damage or liability suffered or incurred by entrants and winners in connection with the competition, including anything detailed in Section 20.

Personal information

23. The promoter collects personal information about entrants in order to run the competition and comply with the permits.  The promoter uses and manages entrants personal information in accordance with its privacy policy.  By entering the competition, each entrant consents to the promoter using their personal information for future marketing and promotional purposes.

Meanings

24. In the competition terms, the following words have the following meanings:

WordMeaning
CompetitionColes ‘Find To Win’ Instant Win Competition
Competition periodFrom 00:01am AEDT 12/02/2020 to 11:59pm AEDT 24/03/2020
Draw date/timeN/A
Draw addressN/A
Force majeure eventan event which is beyond the control of the promoter, including:
(a) vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war or terrorism; and
(b) An infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this promotion
Immediate family memberspouse, ex-spouse, de-facto spouse, child, step-child, parent, step-parent, grand-parent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin
PermitsACT Permit No TP 20/00007
NSW Permit No LTPS 19/41026
SA Permit No T19/2165
Prizes100 x Prizes - each Prize is valued at $2,090 and includes a Smeg FAB28 256L Retro Style Upright fridge and a $100 Coles Gift Card.
Total prizes: 100.
Total prize pool value: $209,000.
PromoterColes Supermarkets Australia Pty Ltd
ABN 45 004 189 708 800
Toorak Road, Hawthorn East VIC
Websitewww.coles.com.au/stikeez