1. Coles Little Shop Christmas Edition 2018 Campaign – Terms & Conditions
1.1 The Coles Little Shop Christmas Edition 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 Little Shop Christmas Edition Mini Collectable and participation in this Campaign is deemed acceptance of these terms and conditions.
2. Mini 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 or Coles online (excludes Coles Express) between 00:01am AEDT 7 December 2018 until close of trade AEDT 24 December 2018 or while stocks last (store closure times may vary; refer to https://www.coles.com.au/store-locator for further information) (“Campaign Period”), Coles will provide customers with one Coles Little Shop Christmas Edition Mini Collectable (“Collectable”) while stocks last.
2.2 There are 5 unique Collectables with 1 of these Collectables being a limited edition. 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.
2.3 Collectables are provided to customers entirely at random and cannot be exchanged by Coles staff members for another Collectable once provided to the customer except in the event of a Swap Day as detailed in clause 2.10, 2.11 2.12 and 2.13.
2.4 The Qualifying Spend is calculated after applying all savings and discounts and excludes the purchase of Coles Insurance purchases, iTunes cards, gift cards, Opal cards, Coles Mobile plans and Coles Mobile recharge, donations including donations made on Coles Online, liquor, tobacco and tobacco related product purchases. Other products may also be excluded at Coles’ discretion.
2.5 Qualifying Coles online orders must be ordered from 7 December and delivered by 24 December 2018. Customers will automatically receive a Collectable with purchase, whilst stocks last. A customer must select ‘opt out’ when prompted at the checkout if they wish to stop receiving Collectables with purchase. The Coles Online service fee is excluded when calculating whether the customer has met the Qualifying Spend. A maximum limit of 10 minis per customer per qualifying transaction applies, whist stocks last.
2.6 Collectables and merchandise only available during the Campaign Period or while stocks last. Coles accepts no liability if Collectables and merchandise become unavailable.
2.7 Coles may decide at its absolute discretion to extend or otherwise amend the Campaign Period. If it decides to do so, Coles will communicate the revised Campaign Period in-store and/or externally.
2.8 Coles may from time to time offer double Collectables (“Double Collectables”) at its discretion where two Collectables will be provided each time the Qualifying Spend is reached by a customer. For example, if a customer purchases $30.00 worth of groceries during the Campaign Period, after any applicable discounts or exclusions, then the customer will be entitled to two Collectables. Coles will communicate instore and/or externally the timing in which Double Collectables will be issued.
2.9 Collectables cannot be bought or sold for cash or consideration of any kind.
2.10 Coles may decide at its absolute discretion to schedule a Swap Day. In the event that this occurs, a list of participating stores may be found on coles.com.au/christmaslittleshop. A Swap Day may occur within the given campaign period or in the weeks following and will be to provide a forum for customers to trade their Collectables, in order to help customers collect all 5 unique Collectables. Attendees and participants in a Swap Day shall be solely responsible for their actions in relation to the Swap Day. Coles will communicate instore and/or externally the timing and stores in which a Swap Day may occur.
2.11 At each Swap Day participating store, Coles and/or its contractors will also allow customers to swap Collectables directly with them. Coles and/or its contractors will have two full sets (5 Collectables per set, 10 Collectables total) available to swap directly with customers. Coles and/or its contractors will swap with customers on a one Collectable for one Collectable basis. The Collectable presented by the customer to Coles for swapping must be in a good, clean condition. There will be no limits to the amount of swaps customers can perform with Coles (or its contractors) on the Swap Day.
2.12 Coles and/or its contractors retain complete and unfettered discretion regarding what to swap and who to swap with on the Swap Day and may implement additional terms and conditions for the Swap Day at any time.
2.13 Without limiting the above clause 2.10, 2.11, and 2.12 , Coles, in its sole discretion, may have attendees removed from its premises who act in a manner that is offensive, unlawful, obscene, threatening, harassing or otherwise any other inappropriate manner and reserves the right to withhold Collectables from that customer and/or prevent them from attending any other Swap Days. To the extent permitted by law Coles and/or its contractors shall not be responsible for any damages, loss, claims, expense, illness or death, or any other liability arising from or in connection to a person’s attendance at or participation in a Swap Day.
2.14 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.
3.1 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 Collectible or elements of the Collectible 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 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
5.2 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.
6.1 By participation in the Campaign, participants consent to Coles using the participant’s name, locality, number of mini 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
7.1 These terms and conditions are governed by the laws of Victoria in Australia, and any dispute in relation to these terms and conditions 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.