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1.1 The Coles Fresh Containers 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 Fresh Containers digital Container Credit (“Credit”) and participation in this Campaign is deemed acceptance of these terms and conditions.
2.1 For every $20 spent in one transaction after any applicable discounts and exclusions set out below (“Qualifying Spend”) at any Coles Supermarket store , or on Coles Online between 00:01am AEST 24 April 2019 to 11.59pm AEST 2 July 2019 (“Campaign Period”), Coles will provide customers with one Credit, provided the customer has scanned their flybuys card in store or entered their flybuys member number online at the time of purchase. Excludes Coles Express. While stocks last.
2.2 The Credit is a digital voucher that is allocated to the customer’s flybuys account on a Qualifying Spend and can be accumulated over the Campaign Period to redeem for Fresh Containers (“Containers”), provided the customer has accumulated enough Credits to redeem Container/s as set out in the product listing in clause 3.2.
2.3 The total number of Credits a customer has earned in a transaction, and in total from all Qualifying Spends during the Campaign Period, can be found at the bottom of each Coles Supermarket store receipt and the Coles Online invoice when a Qualifying Spend occurs in that transaction . The total number of Credits earned and redeemed to date can also be found in the Member’s section on flybuys.com.au/containers
2.4 This Campaign is only available to current flybuys members or new flybuys members who join during the Campaign Period. Credits are automatically applied to the flybuys members household account once the Qualifying Spend amount has been reached. Standard flybuys terms and conditions apply and are available at www.flybuys.com.au
2.5 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 phones and mobile phone plans, recharge, Opal top up, calling cards, liquor, tobacco and tobacco related product purchases. Other products may also be excluded at Coles’ discretion during the Campaign Period.
2.6 Qualifying Coles Online orders must be ordered from 24 April 2019 and delivered by 2 July 2019. The Coles Online service fee is excluded when calculating whether the customer has met the Qualifying Spend.
2.7 Credits will only be available during the Campaign Period or while stocks last of the Containers. Coles accepts no liability if Containers become unavailable.
2.8 Coles may decide at its absolute discretion to extend or otherwise amend the Campaign Period.
2.9 Coles may from time to time at its discretion offer bonus credits (“Bonus Credits”). One Bonus Credit will be awarded when a customer spends $20 in one transaction and also purchases one or more products from a participating brand or product range. A maximum limit of one Bonus Credit per participating brand or product range, per transaction applies. 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 Credits will be provided.
3.1 Flybuys customers may redeem Credits for Containers from 24 April 2019 to 16 July 2019 (“Redemption Period”), provided they have enough Credits in their account to redeem as per the product listing in clause 3.2.
3.2 The following Containers are available to be redeemed during the Redemption Period, or while stocks last:
3.3 Only the Containers listed in clause 3.2 are eligible to be redeemed for Credits, to the exclusion of all other Containers sold by Coles.
3.4 Rainchecks will not be provided during the Campaign Period or Redemption Period.
3.5 Credits can only be redeemed for Containers while stocks last.
3.6 Containers can be purchased during the Campaign Period at the retail price as indicated in store or online, at the flybuys customer’s choice; or if a flybuys customer does not have sufficient Credits to redeem Container/s; or if the customer is not a flybuys member.
3.7 To redeem any Credits, customers must visit a Coles store and select the Container/s they wish to redeem/purchase from the merchandise stand displayed . Customers are then required to take their Containers/s through a checkout where a team member will process the redemption by scanning the Container/s along with the customer’s flybuys card. If enough Credits have been accumulated, the customer will be given the option to redeem the Container/s for the Credits . If there are not enough Credits, the customer still has the option of purchasing the Container/s at the retail price displayed.
3.8 Credits cannot be redeemed for Containers through Coles Online.
4.1 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.
4.2 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.
4.3 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).
4.4 As a condition of accepting the Credits 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.
5.1 The material contained on the site coles.com.au/containers and flybuys.com.au/containers (“Campaign Websites”) 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.
5.2 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.
5.3 The Campaign Websites 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 Campaign Websites must not in any way infringe the intellectual property rights of any person.
5.4 The Campaign Websites 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 Campaign Websites. Coles does not make any warranties and accepts no liability in relation to material contained on External Sites.
6.2 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.
7.1 By participating in the Campaign, participants consent to Coles using the participant’s name, locality, number of Credits redeemed, and/or Containers 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.
7.2 From time to time, a participant may be requested to submit photographs to the Campaign Websites in relation to the participant’s involvement in the Campaign. A 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.
8.1 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 Websites will be the exclusive jurisdiction of the Courts of Victoria.
8.2 Coles may vary these terms and conditions at any time, and by accepting a Credit 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.
8.3 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.
8.4 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.
8.5 Each provision of these terms and conditions is severable. The terms and conditions remain enforceable even if individual clauses are removed or deemed unenforceable.
9.1 One Bonus Credit will be awarded when a customer scans or enters their flybuys card, spends $20 in one transaction, and purchases one or more products from a participating brand or product range indicated below. Excludes Coles Express. A maximum limit of one Bonus Credit per participating brand or product range, per transaction applies.