Terms and conditions

Coles Magical Builder 2022 Campaign – Terms & Conditions

1. General

1.1        The Coles Magical Builder 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 Magical Builder (“Magical Builder”) and participation in this Campaign is deemed acceptance of these terms and conditions.

2. Coles Magical Builder 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 AEST 6 July 2022 to 11.59pm AEST 30 August 2022 (“Campaign Period”), Coles will provide customers with one Magical Builder while stocks last. A maximum limit of twenty Magical Builders per qualifying transaction applies for Coles Online.

2.2        There is a total of 35 Magical Builders, which includes one exclusive at Coles Express (please refer to clause 10.1 for further information). The award of a Magical Builder is subject to stock availability and is at the sole discretion of Coles. Magical Builder/s must be redeemed at the point of purchase and at the time of the relevant transaction.

2.3        Magical Builders are provided to customers entirely at random and cannot be exchanged by Coles team members for another Magical Builder 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, Coles Best Buys Online Exclusive, 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 6 July 2022 and delivered by 30 August 2022. The Coles Online service and delivery fee is excluded when calculating whether the customer has met the Qualifying Spend. A maximum limit of twenty Magical Builders per customer, per transaction applies for all Coles Online transactions.

2.6        Magical Builders will only be available during the Campaign Period or while stocks last. Coles accepts no liability if Magical Builders 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 also offer Double Magical Builders (“Double Magical Builders”).  Double Magical builders will result in 2 Magical Builders being awarded when a customer spends $30 in one transaction. Coles will communicate in store and/or externally if, how and when Double Magical Builders will be provided.

2.9        Magical Builders are for those aged 3 years and older. Adult supervision is advised for those aged younger than 3 years of age due to the risk of choking. There are important safety warnings on the packaging of the Magical Builders 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 Magical Builders or elements of the Magical Builder 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/magicalbuilders (“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. 

6. Media

6.1        By participating in the Campaign, participants consent to Coles using the participant’s name, locality, number of Magical Builders 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 Little Book 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. Bonus Product Promotions

8.1        One Bonus Magical Builder will be awarded when a customer spends the Qualifying Spend in one transaction and purchases one or more products from a participating brand or product range indicated below at Coles Supermarket and Coles Online.  Offer valid between 6 July 2022 to 11.59pm AEST 30 August 2022 (“Campaign Period”) or while stocks last.  Offer must be redeemed at point of purchase. A maximum limit of one Bonus Magical Builder per participating brand or product range, per transaction applies. 

10. Coles Express Promotions

10.1        One Coles Express exclusive Yule Ball Ron Magical Builder will be awarded when a customer spends $30 and purchases a Coles Express Banana Bread at Coles Express in one transaction. Offer valid between 6 July 2022 to 11.59pm AEST 30 August 2022 (“Campaign Period”) or while stocks last.  Excludes Coles Supermarkets, Coles Local and Coles Online purchases. Offer must be redeemed at point of purchase. A limit of one bonus Yule Ball Ron  per customer, per transaction, per day applies. 

11. NewsCorp Promotions

11.1       Collect a free limited edition Coles Magical Builder Poster with any purchase of a NewsCorp product listed in the table below on 17th July 2022 . One per customer, per transaction, per day applies. Strictly whilst stocks last.

11.2        One Bonus Magical Builder will be awarded when a customer purchases a NewsCorp product listed in the table below in store only at a Coles Supermarket or Coles Express during the following weekend: 23rd July to 24th July 2022 .  A maximum of one Bonus Magical Builder per customer per day applies.

12. Double Magical Builders

12.1       Two Coles Magical Builders will be awarded when a customer spends $30 in one transaction in store only. Offer valid between 30 July 2022  to 11.59pm AEST 31 July 2022 (“Campaign Period”) or while stocks last.  Excludes Coles Express and Coles Online purchases. Offer must be redeemed at point of purchase. This offer also applies to participating brand or product range purchases where a maximum of two Bonus Magical Builders per transaction applies.

Coles Magical Builder 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 promotional period, anyone may enter the competition, provided that they are:

(a)           over 18 years of age

(b)           a resident of Australia

(c)            a valid current Flybuys member or a valid new Flybuys member who joins during the Promotional Period (to be a valid Flybuys member the Flybuys member account must include the member’s first and last name, a postal address, an email address and a contact phone number current at time of draw and prize distribution); and

(d)           not an employee or immediate family member of an employee, of the Promoter or Flybuys or an agent of the Promoter, who is directly associated and connected with the organisation of this competition

Entering

4.                   By entering the competition, entrants accept the competition terms.

5.                   How to enter

Entrants will receive an automatic entry (or entries) in the prize draw when they spend $30 or more in one transaction after any applicable discounts and exclusions set out below in paragraph 6 (Qualifying Spend) at any Coles store, Coles Express store or Coles Online between 12:01am (AEST) on 06/07/2022 and 11:59pm (AEST) on 30/08/2022 (Competition Period) and scan their Flybuys card in-store or enter their Flybuys card number at Coles Online at time of purchase. Multiple entries within a single shop are permitted eg. spend $90 in one transaction (after exclusions) and receive 3 entries into the draw. Coles Online orders must be delivered or collected during the promotional period to qualify.

6.                   The Qualifying Spend is calculated after applying all savings and discounts and excludes the purchase of Coles Insurance products, Coles Best Buys Online Exclusive, iTunes cards, gift cards, mobile phones and mobile phone plans, recharge, Opal top up, calling cards, liquor, eBay, UberEats, tobacco and tobacco related product purchases. Other products may also be excluded at Coles’ discretion during the Campaign Period.

7.                   You may enter as many times as you like, providing your purchase fulfils the entry criteria detailed in paragraph 5.

8.                   If, subsequent to a qualifying entry, you do not wish to participate in the competition you must advise the Promoter by calling Coles Customer Care on 1800 061 562.

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.

10.                   Failure by the Promoter to exercise its rights under paragraph 9 does not constitute a waiver of the Promoter’s rights under paragraph 9. If the entrant’s contact details change, the entrant must notify the Promoter.

Drawing winners

11.                   There will be 9 separate prize draws. The Promoter will draw the winners from the pool of valid entries at the draw address based on the following schedule:

12.                   In each of Draws 1 to 8 the first valid entry the Promoter draws will win a London Trip prize (see condition 27 for London trip prize inclusions), subject to the Promoter’s rights under paragraph 9. In Draw 9 the first 10 valid entries the Promoter draws will each win a Melbourne Trip prize (see condition 27 for Melbourne trip prize inclusions), subject to the Promoter’s rights under paragraph 9.

13.                   The Promoter will notify the winners in writing (or via email) within 7 days after the draw date. The winners’ name and postcode will be posted on the Website within 7 days after the draw date.

14.                   The awarding of prizes is restricted to one prize per entrant except for SA.

Awarding prizes

15.                   The Promoter may request that the winners provide proof of identity, proof of age or proof of residency to the Promoter’s reasonable satisfaction before awarding the prize. If upon request a winner does not provide proof of identity, proof of age or proof of residency to the Promoter’s reasonable satisfaction before 07/10/2022, then the relevant winner may be deemed to have forfeited their entitlement to their prize. In those circumstances the Promoter may redraw the prize in accordance with paragraph 19.

16.                   The winner must accept the prize before 07/10/2022.  If the winner does not accept the prize before 07/10/2022, the Promoter may redraw the prize in accordance with paragraph 19.

17.                   In consideration of the Promoter awarding the prize to the winner, the winner:

(a)           consents to the Promoter, without royalty or any fees, 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 prize supplier’s specified conditions and requirements;

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

(d)           agrees to comply with all the conditions of use of the prize and the prize supplier’s requirements. It is the responsibility of the winner to confirm such conditions with the prize supplier or other relevant third parties.

18.                   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.

Further Draw

19.                   If for any reason, a prize has not been awarded before 07/10/2022 the Promoter may conduct a further draw from the pool of valid entries at 10:00am (AEDT) on 08/10/2022 at Focal Promotions, 2/7 Stayner Street Beaumaris VIC 3193.

20.                   The first valid entry the Promoter draws is the winner, subject to the Promoter’s rights under paragraph 9.

21.                   The Promoter will notify the further draw winner in writing (or via email) by 15/10/2022 and the winners’ name and postcode will be posted on the Website within 7 days after the draw date.

Force majeure

22.                  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 state licensing authorities’ approval if necessary.

Liability

23.                  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.

24.                   Nothing under paragraph 23 is intended to limit entrants or winners’ rights under the Australian Consumer Law 2010.

25.                   This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram and neither Facebook or Instagram are 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 23.

Personal information

26.                   The Promoter collects personal information about entrants in order to run the competition, communicate with you as the entrant to this Competition, award prizes and comply with the permits. The Promoter uses and manages entrants’ personal information in accordance with its Coles privacy policy www.coles.com.au/Privacy. We may also share your personal information with third parties who support us in our marketing or promotional activities, which include Focal Promotions (ABN: 76 007 374 325). Coles will be unable to consider your entry into this Competition if you do not provide this information. Coles will not disclose this information provided by you unless required or authorised by law or in accordance with our Privacy Policy. Please contact Coles Customer Care on 1800 061 562 or via the Coles Privacy Policy (www.coles.com.au/privacy), which outlines how queries regarding privacy can be directed to Coles Customer Care via email, phone, and post. By entering the competition, each entrant consents, without royalty or any fees, to the Promoter using their personal information for future marketing and promotional purposes.

Meanings

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