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Coles Builder Pokémon Edition Campaign – Terms & Conditions

1.              General

 

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

 

2.              Coles Builder Pokémon Edition 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 or online between 00:01am AEDT 7 February 2024 to 11.59pm AEDT 26 March 2024 (“Campaign Period”), Coles will provide customers with one Coles Builder Pokémon Edition while stocks last. A maximum limit of twenty Coles Builder Pokémon Edition per qualifying transaction applies for Coles Online and App.

2.2        There is a total of 35 Coles Builder Pokémon Edition, and an additional rare builder. The award of a Coles Builder Pokémon Edition is subject to stock availability and is at the sole discretion of Coles. Coles Builder Pokémon Edition must be redeemed at the point of purchase and at the time of the relevant transaction.

2.3        Coles Builder Pokémon Edition is provided to customers entirely at random and cannot be exchanged by Coles team members for another Coles Builder Pokémon Edition 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 Express, Coles Best Buy Online Exclusive, DoorDash, UberEats, iTunes cards, gift cards, mobile phone and mobile phone plans, recharge, Opal top up, calling cards, charity products, liquor, tobacco, tobacco related product purchases and any delivery charges. Other products may also be excluded at Coles’ discretion during the Campaign Period.

2.5        Qualifying Coles Online and App orders must be ordered from 7 February 2024 and delivered by 26 March 2024. Customers can choose to not receive any Coles Builder Pokémon Edition by selecting the preferred option at the checkouts section of the online order. Once a customer selects not to receive Coles Builder Pokémon Edition, the preference will remain in place for the duration of the campaign. Customers can always change the preference at the checkouts section of the online order. The Coles Online and App service and delivery fee is excluded when calculating whether the customer has met the Qualifying Spend. A maximum limit of twenty Coles Builder Pokémon Edition per customer, per transaction applies for all Coles Online and App transactions.

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

2.9        Coles Builder Pokémon Edition 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 Coles Builder Pokémon Edition, 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 Coles Builder Pokémon Edition or elements of the Coles Builder Pokémon Edition 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/pokemonbuilders (“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 Coles Builder Pokémon Edition 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 Coles Builder Pokémon Edition, 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 Coles Builder Pokémon Edition will be awarded when a customer spends the Qualifying Spend in one transaction and purchases a selected product from a participating brand or product range indicated below at Coles in-store, online and app.  Offer valid between 00:01am AEDT 7 February 2024 to 11.59pm AEDT 26 March 2024 (“Campaign Period”) or while stocks last.  Offer must be redeemed at point of purchase. A maximum limit of one Bonus Coles Builder Pokémon Edition per participating brand or product range, per transaction applies.

 

9.                 Participating Brands or Product Range at Coles

 

 

Tip Top

Yoplait

Farmer's Union (excludes Flavoured Milk)

Bega (excludes Plant Based Cheese & Chilled Cream Cheese)

Bega since 1899 (excludes Stringers)

Patties

Four n Twenty

McCain (excludes Meals)

Praise

John West

Head & Shoulders

Hi Smile

Kleenex

Chux

Glad

Whiskas

Supercoat

Fairy

OMO

Coles Nature’s Kitchen

Coles Joyful

 

10.                 NewsCorp Promotions

 

10.1               One Bonus Coles Builder Pokémon Edition will be awarded when a customer purchases a NewsCorp/Seven West product listed in the table below in store only at a Coles Supermarket during the following weekend: 17th February 2024 to 18th February 2024 . A maximum of one Bonus Coles Builder Pokémon Edition per customer per day applies.

 

Participating Brands or Product Range at Coles Supermarkets  

Herald Sun

Sunday Herald Sun

The Daily Telegraph

The Sunday Telegraph

The Courier Mail

The Sunday Mail

The Advertiser

Mercury

NT News.

Gold Coast Bulletin

Cairns Post

Townsville Bulletin

Weekend Advertiser

The Weekend Australian

Toowoomba Chronicle

Sunshine Coast Daily

The West Australian

The Sunday Times

 

11.                 In-store and online Double Coles Builder Pokémon Edition Weekend

 

11.1        Two Coles Builder Pokémon Edition will be awarded when a customer spends $30 in one transaction in-store or online at Coles. Offer valid between 24th February 2024 to 11.59pm AEDT 25th February 2024 or while stocks last. Eligible online orders must be placed and delivered or collected within the Campaign Period.  $30 spend excludes the purchase of Coles Insurance products, Coles Express, Coles Best Buy Online Exclusive, DoorDash, UberEats, iTunes cards, gift cards, mobile phone and mobile phone plans, recharge, Opal top up, calling cards, charity products, liquor, tobacco, tobacco related product purchases and any delivery charges. Offer must be redeemed at point of purchase. This offer also applies to participating brand or product range purchases where a maximum of two Coles Builder Pokémon Edition per transaction applies.

 

12.              Coles Plus Double Coles Builder Pokémon Edition Weekend

 

12.1        Two Coles Builder Pokémon Edition will be awarded when a Coles Plus customer spends $30 in one transaction and scans their linked Flybuys in-store or online at Coles. Offer valid between 2nd March 2024 to 11.59pm AEDT 3rd March 2024 or while stocks last. Eligible online orders must be placed and delivered or collected within the Campaign Period. $30 spend excludes the purchase of Coles Insurance products, Coles Express, Coles Best Buy Online Exclusive, DoorDash, UberEats, iTunes cards, gift cards, mobile phone and mobile phone plans, recharge, Opal top up, calling cards, charity products, liquor, tobacco, tobacco related product purchases and any delivery charges. 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 Coles Builder Pokémon Edition per transaction applies.

 

 

Coles Builders Pokémon Edition - General FAQs

1.              What are the Coles Builders Pokémon Edition?

Coles Builders Pokémon Edition are an innovative and fun concept with paper figurines that are 100% FSC certified cardboard, bringing your favourite Pokémon characters to life! There are a total of 35-character builders to collect, plus a limited edition builder, exclusive to Coles.

2.             How do I receive a Pokémon Builder?

You will receive one Pokémon Builder for every $30 spent in one transaction at Coles Supermarkets, or Coles Online (a maximum of 20 Pokémon Builders per qualifying transaction applies for Coles Online and the Coles App) (that is, if you spend $90, you will receive 3 Pokémon Builders). Please note, Coles Express is excluded from the Pokémon Builders campaign.  The qualifying spend is calculated after applying all savings and discounts and excludes the purchase of any Coles Insurance product; iTunes card; gift card; mobile phone, plan or recharge; Opal top up; calling card; charity product; liquor; tobacco or tobacco related product, or any purchase made via DoorDash, UberEats, or Coles Best Buys Online Exclusive, including any associated delivery charges. 

3.              How does a customer get a BONUS Pokémon Builder?

You will receive one bonus Pokémon Builder if you spend $30 in one transaction and also purchase a selected product from a participating brand or product range. A maximum limit of one bonus Pokémon Builder per participating brand or product range, per transaction applies.

As an example, John West and Fairy are participating brands and Jo spends $30 in one transaction (qualifies for 1 Pokémon Builder). In that transaction, Jo has purchased one product from the Nescafe brand (which qualifies for a bonus Pokémon Builder) and one product from the Colgate brand (qualifies for another bonus  Pokémon Builder). From this transaction, Jo will receive a total of three Pokémon Builders.

A full list of participating brands and participating product ranges are available in the Terms & Conditions on coles.com.au/pokemonterms.

4.              Can I get a Pokémon Builder with my fuel purchase at Coles Express?

No. Coles Express is excluded from the Pokémon Builders campaign.

5.              How do I get a Pokémon Builder when shopping online?

Unless you have opted-out of the program, you will automatically get a Pokémon Builder when you have met the qualifying spend of $30 (or more) in one transaction. The qualifying spend is calculated after applying all savings and discounts and excludes the purchase of any Coles Insurance product; iTunes card; gift card; mobile phone, plan or recharge; Opal top up; calling card; charity product; liquor; tobacco or tobacco related product, or any purchase made via DoorDash, UberEats, or Coles Best Buys Online Exclusive, including any associated delivery charges. There is nothing else you need to do.  We will automatically calculate and display on your check-out screen the number of Pokémon Builders you are entitled to get on your shop and a member of our team will pack these in with your shopping.

 6.              How many Pokémon Builders are there to collect?

There are a total of 35 Pokémon Builders to collect, plus one limited edition builder.

You can find the complete list of Pokémon Builders at www.coles.com.au/builders-pokemon

7.              Are any of the 35 Pokémon Builders limited edition?

No, there is an additional limited edition Pokémon builder on top of the 35 character builders. 

8.              Can I choose which Pokémon Builder I get?

No. Pokémon Builders are packed in blind packs and delivered in mixed cartons which means that the builders are distributed to customers at random. The Pokémon Builders campaign is modelled on a ‘lucky dip’ blind selection process, with this built in at the point of production.

9.              If I get a duplicate(s) of the same Pokémon Builder, can I swap the duplicate(s) for another one?

No. Pokémon Builders are packed in blind packs and delivered in mixed cartons which means the builders are distributed to customers at random and customers may receive duplicates. We are unable to swap any open packs. 

10.           How long will the Pokémon Builders campaign run for?

The Pokémon Builders campaign will run from 7 February 2024 until 26 March 2024 (7 weeks), or while stocks last.

11.           Are there any limits on how many Pokémon Builders I can get in-store?

No, provided the qualifying spend after all exclusions is met. 

12.           Are there any limits on how many Pokémon Builders I can get online and in the Coles App?

Yes, a maximum limit of 20 Pokémon Builders per customer, per transaction applies. 

13.           Are there any other ways to get Pokémon Builders?

No, this promotion is only available at Coles Supermarkets and Coles Online.  To get Pokémon Builders, you will need to shop at a Coles Supermarket or via Coles Online or the Coles App.

14.           How do I know how many Pokémon Builders I’ve earned, and how do I get them?

The number of eligible Pokémon Builders in each transaction will be printed on the bottom of your receipt in store or located in the checkout section of your Coles Online order. If shopping in store, show your receipt to the nearest Coles team member to get your Pokémon Builder(s). If shopping via Coles Online or the Coles App, you will automatically get Pokémon Builder(s) as part of your order. 

15.           I didn’t get my Pokémon Builder with my Coles Online or Coles App delivery.

Coles Online or Coles App orders placed between 7 February 2024 and delivered by 26 March 2024 are eligible to get a Pokémon Builder (subject to meeting the qualifying spend of $30 (or more) in one transaction, while stocks last. 

If you believe you should have received a Pokémon Builder(s) with your online order but did not, please reach out to us within seven days of your order being delivered via the Coles Customer Care team on 1800 061 562 Mon–Fri 8:30am–6:00pm (AEDT), Saturday 8:00am-4:30pm and Sunday 10:00am–2:00pm (AEDT).

16.           My Pokémon Builder is faulty, what can I do? 

If your Pokémon Builder is faulty, please contact the Coles Customer Care team on 1800 061 562 Mon–Fri 8:30am–6:00pm (AEDT), Saturday 8:00am-4:30pm and Sunday 10:00am–2:00pm (AEDT) for assistance.

17.           What do I do with my unwanted Pokémon Builder?

We would love for you to keep your Pokémon Builders for hours of fun, however if you do wish to dispose of them, our Pokémon Builders (including the packaging they come in) are fully recyclable. Simply place all pieces of the Pokémon Builder securely back into the original packaging or another used envelope and dispose via your paper/cardboard kerbside recycling bin for regular council collection.

18.           Can Pokémon Builders be recycled?

Yes, the Pokémon Builders are made from FSC® certified cardboard, plastic free, and recyclable in household recycling bins at end of life. Simply place all pieces of the Pokémon Builder securely back into the original packaging or another used envelope and dispose via your paper/cardboard kerbside recycling bin for regular council collection.

19.           Can the Pokémon Builders packaging be recycled?

Yes! The Pokémon Builder wrappers are made from 100% FSC® certified paper and are recyclable in household recycling bins at end of life. 

20.           What do I do if I have received Pokémon Builders as part of my Coles Online or Coles App order, but I do not want them? 

If you do not wish to keep your Pokémon Builder you can opt-out from receiving the Pokémon Builders in the checkout section of your Coles Online or Coles App order (when ordering using the Coles App, please update the App to the latest version to ensure this feature is available for you to use). If this is not possible, hand your Pokémon Builders back to your delivery driver on your next delivery. Please note, we can only take unopened packs. Alternatively, you can recycle your Pokémon Builders in household recycling bins at end of life.

For Click & Collect orders, you can advise the Coles team member at the time of order pick up that you do not wish to get the Pokémon Builders.

21.           I want to stop receiving Pokémon Builders with my online orders, can I opt-out of the program?

Yes, you can opt-out from receiving Pokémon Builders at the checkout section of your Coles Online or Coles App order (when ordering using Coles App, please update the App to the latest version to ensure this feature is available for you to use). If you would like to start receiving Pokémon Builders again, please select “Yes please, add to order” in the checkout section of your online order.

22.           Is there anything else I can purchase as part of the Pokémon Builder campaign?

As part of the campaign, we will also have Play Kits and Collector Cases available for purchase.

·       Play Kit $10.00

·       Collector Case for storage of Pokémon Builders $10.00

Additional Pokémon Builders merchandise may be available in-store and online.

Please note, the additional merchandise above will have a purchase limit of 5 of each item per transaction, per customer, per day.

23.           Can I purchase any Merchandise from Coles Express?

No, Coles Express is excluded from the Pokémon Builders campaign.

24.           What age are the Pokémon Builders suitable for?

Pokémon Builders are for persons aged 5 years and older. Pokémon Builders are not suitable for children under the age of 5 years due to the risk of small parts which present a choking hazard. Please refer to safety warnings on the product packaging. Adult supervision is required for all children.

25.           Are the Pokémon Builders safe for my young children? 

The Pokémon Builders are not suitable for children under 5 years of age. For safety reasons, remove all packaging before giving to children. All Pokémon Builders have passed the Australian Toy Safety Test standards. These tests have been independently run by an accredited testing laboratory.  

26.           We are an organisation that supports those living with disabilities/ special needs/ aged care/ local school / social media influencer, can we get a donation of Pokémon Builders?

Unfortunately, we cannot donate any Pokémon Builders whilst our campaign is live. However, please feel free to reach out to us after the campaign ends on 26 March 2024 and we will endeavour to donate any remaining Pokémon Builders. 

27.           Where are Pokémon Builders made?

Pokémon Builders are made in China in a facility that meets Coles’ technical and ethical audit standards. 

28.           Are the Play Kits recyclable?

Yes, the Play Kits are made from FSC® certified cardboard and are kerbside recyclable.  To dispose of your Play Kit, please dismantle and place all larger pieces directly into the recycling bin. Smaller pieces should be tucked securely inside a used envelope and then placed in the recycling bin. 

29.           Is the Collector Case recyclable?

Yes, the Collector Cases are kerbside recyclable. To recycle, please remove the cardboard insert from the case and recycle each item separately.