1.              General

1.1        The Curtis Stone BBQ Collection 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 Curtis Stone BBQ digital credit (“Credit”) and participation in this Campaign is deemed acceptance of these terms and conditions.

2.              Curtis Stone BBQ Collection Credit Participation

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 AEDT 4^th October 2023 and 11.59pm AEDT 16^th January 2024 (“Campaign Period”), Coles will provide customers with one Credit, provided the customer is a Flybuys member and has scanned their Flybuys in store or entered their Flybuys member number online at the time of purchase. Excludes Coles Express, Coles Best Buys Online Exclusive, DoorDash, UberEats and other purchases as outlined in clause 2.5. The offer is available while stocks last only.

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 Curtis Stone BBQ Collection (“Products”), provided the customer has accumulated enough Credits to redeem the Curtis Stone BBQ collection as set out in the product listing in clause 3.2 below.

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 Flybuys member’s section on  www.flybuys.com.au/CurtisStoneBBQ on the Flybuys mobile application.

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 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 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.

2.6        Qualifying Coles Online orders must be ordered from 4^th October 2023 and delivered by 16^th January 2024. The Coles Online service fee is excluded when calculating whether the customer has met the Qualifying Spend. Some Products not available for Unattended Delivery, Partner Delivery and Click&Collect Lockers, nationally. Credits will only be available during the Campaign Period or while stocks last of Products.

2.7        Credits will only be available to be earned during the Campaign Period or until such time as there is no stock remaining of the Curtis Stone BBQ Collection (whichever is earlier). Coles accepts no liability if Curtis Stone BBQ Collection becomes unavailable, for whatever reason.

2.8        Coles, at their absolute discretion, reserves the right to make the Campaign and the ability to earn Credits available to any person (or group of persons) prior to the Campaign Period commencing.

2.9        In addition to clause 2.8 above, Coles may decide at its absolute discretion to extend or otherwise amend the Campaign Period.

2.10     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, scans their Flybuys, 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 9 of this document. Coles will communicate in store and/or externally if, how and when Bonus Credits will be provided.

2.11     Five Bonus Credits will be awarded when a new member registers for Flybuys and verifies their email address by 26^th December 2023. Offer available once per Flybuys account. Bonus credits will take up to two weeks to be credited after completed registration. Standard Flybuys Terms & Conditions apply and are available at flybuys.com.au

2.12     Double Credits may be awarded from time to time to Coles Plus members for online and in-store orders placed. This Promotion is only available to current Coles Plus members or new Coles Plus members who join during the Campaign Period and have entered their linked Flybuys member number online or scanned their Flybuys in store at the time of purchase and have met the Qualifying Spend in one transaction. Eligible online orders must be placed and delivered or collected within the double credits promotional dates to qualify. Credits are automatically applied to the Coles Plus members' linked Flybuys account once the Qualifying Spend amount has been reached. Customers can join Coles Plus at coles.com.au. Standard terms and conditions apply. Excludes Coles Express, Coles Best Buys Online Exclusive, DoorDash, UberEats and other purchases as outlined in clause 2.5. Coles will communicate in store and/or externally if, how and when double Credits will be provided.

2.13     Double Credits may be awarded from time to time to Coles Online customers who enter their Flybuys on Coles Online and meet the Qualifying Spend in one transaction. Excludes Coles Express, Coles Best Buys Online Exclusive, DoorDash, UberEats and other purchases as outlined in clause 2.5. A maximum limit of two Bonus Credits per participating brand or product range, per transaction applies during the “Double Credit promotion”. E.g., spend $20 in one transaction (after exclusions) and also purchase a participating brand/product and you will receive 2 standard Curtis Stone BBQ credits & 2 bonus credits during the “Double Credit Promotion”. Eligible online orders must be placed and delivered or collected within the double credits promotional dates to qualify. Coles will communicate online if, how and when double Credits will be provided.

2.14     Double Credits may be awarded from time to time to Coles in-store customers who scans their Flybuys and meet the Qualifying Spend in one transaction. Excludes Coles Express, Coles Best Buys Online Exclusive, DoorDash, UberEats and other purchases as outlined in clause 2.5. A maximum limit of two Bonus Credits per participating brand or product range, per transaction applies during the “Coles Supermarket in-store only Double Credit Promotion”. E.g., Spend $20 in one transaction (after exclusions) and also purchase a participating brand/product and you will receive 2 standard Curtis Stone BBQ credits & 2 bonus credits during the “Coles Supermarket in-store only Double Credit Promotion”. Coles will communicate in store and/or externally if, how and when double Credits will be provided.

2.15     Five Credits may be awarded from time to time for purchases of NewsCorp, and Seven West Media products listed in the table below, provided the customer is a Flybuys member and has scanned their Flybuys in store at the time of purchase. A maximum of 5 credits per Flybuys account per day applies. Coles will communicate in store and/or externally if, how and when the 5 Credits will be provided.

3.              Redeeming BBQ Credits

3.1        Flybuys customers may redeem Credits for Curtis Stone BBQ Collection at any Coles Supermarket Store or Coles Online (excludes Coles App) from 4^th October 2023 to 30^th January 2024 (“Redemption Period”), provided they have enough Credits in their account to redeem as per the product listing in clause 3.2, and while stocks last.

3.2               The following Curtis Stone BBQ Collection products are available to be redeemed during the Redemption Period with Credits, purchased at retail price or purchased with half pay (see clause 3.8 for more details) at any Coles Supermarket store or Coles Online (excludes Coles App), while stocks last:

*Carving knife may not be sold to persons under 18 years of age – age restrictions vary by State

3.3        Only the Curtis Stone BBQ Collection listed in clause 3.2 are eligible to be redeemed for Credits, to the exclusion of all other BBQ products sold at Coles.

3.4        Rainchecks will not be provided during the Campaign Period or Redemption Period.

3.5        Credits can only be redeemed for Curtis Stone BBQ Collection while stocks last.

3.6        Products will only be redeemable in a Coles Supermarket store and on Coles Online (excludes Coles App).

3.7        Products can be purchased during the Campaign Period at the retail price as indicated in store or on Coles Online at the customer’s choice if the customer does not have sufficient Credits to redeem Products, or if the customer is not a Flybuys member.

3.8               Products can also be purchased/redeemed via a half pay initiative. If the customer has half the number of required Credits, the customer will have the option to ‘half pay’. This requires redeeming using 50% of the required Credits and will also require the customer to pay 50% of the Product’s retail price. The payment component can be completed using cash, EFTPOS and gift cards at any Coles Supermarket store or via Flypay, Debit or Credit card on Coles Online (excludes Coles App).

3.9               To redeem any Credits in store, customers must visit a Coles Supermarket store and select the Products they wish to redeem/purchase from the merchandise stand displayed. Customers are then required to take their Products through a checkout where they can scan the Products along with their Flybuys. If enough Credits have been accumulated, the customer will be given the option to redeem the Products for the Credits. If the customer has half the number of required credits, the customer will have the option to ‘half pay’ and will then be required to pay 50% of the Products retail price and use 50% of the amount of required Credits. If there are not enough Credits, the customer still has the option of purchasing the Products at the retail price displayed. Customers do not have the option of choosing to half pay if they have the full amount of Credits required to redeem the Product for free. If the customer has enough Credits to redeem more than one item of Curtis Stone BBQ Collection Products in store, the customer must scan the Products and their Flybuys. They will then be asked whether they would like to redeem these Products using Credits. The customer will then receive the first item of Custis Stone BBQ Collection product for free and the second item for free (if enough Credits) or will qualify for half pay and will need to redeem using 50% of the Credits and pay the 50% of the retail price.

3.10            To redeem any Credits on Coles Online (excludes the Coles App), customers must sign up or log in to their Coles Online account and select the Products they wish to redeem/purchase and add them to their trolley along with other items if required to qualify the minimum order value of $50. Customers are then required to check out their trolley whereby their account will be checked to ensure their Flybuys account is linked to their Coles Online account. Once their Flybuys is linked, the customer will be prompted to ‘Redeem credits’ or ‘Skip offer’ if they do not wish to redeem their credits. The customer’s order confirmation screen will display their order total including their redeemed products at retail price without the credit deduction. If customers choose to ‘Redeem credits’ and has enough credits for half credits and ‘half pay’ or full credits for an item, their credits will be deducted when products are packed and invoiced. Credits will be applied to the most expensive Curtis Stone BBQ Collection product first to maximise the amount of credits used. If customers choose to ‘Redeem credits’ and they do not have any credits in their account when their order is packed and invoiced, they will be charged in full for the products.

3.11            In New South Wales, South Australia, and Australian Capital Territory, some Products may only be redeemed or purchased by customers over the age of 16 years old. In Victoria, some Products may only be redeemed or purchased by customers over the age of 18 years old. Coles Team Members may request for the customer to present an acceptable form of personal identification (ID) and proof of age as per state-specific legislation and may refuse redemptions or purchases of Products if they have any doubt about the customer’s age. Coles Team Members are required to refuse redemptions or purchases of Products if they suspect the redemption or purchase of Products is for a person under the legal age. In addition, on coles.com.au, the customer will be prompted to enter in their date of birth for proof of age during their checkout process, nationally.

4.              Liability

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.              Intellectual Property Rights and websites

5.1        The material contained on the site coles.com.au/bbqcollection and flybuys.com.au/curtisstonebbq (“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        Trademarks (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        Curtis Stone trademarks - All trademarks, service marks, and trade names (collectively the "Marks") are proprietary to Stones Food Inc. or other respective owners that have granted Stones Food Inc. the right and license to use such Marks.  CURTIS STONE® , FIELD TRIP BY CURTIS STONE® and the “C” logo are registered trademarks of Curtis Stone in the United States and other countries.  All rights reserved.

5.4        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.

5.5        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.              Privacy Notice

6.1        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.

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 (“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.

6.3        A copy of the Coles privacy policy can be viewed at www.coles.com.au/important-information/privacy-policy. To request access to, or to update, personal information Coles holds about Cardholders please contact Coles Customer Care on 1800 061 562 or via Webform  for any privacy related queries.

7.              Media

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

8.              General

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.                 Participating Brand or Product Ranges

9.1        One Bonus Credit will be awarded when a customer scans or enters their Flybuys number, spends the Qualifying Spend in one transaction, and purchases one or more products from a participating brand or product range indicated below between 4^th October 2023 and 16^th January 2024. Excludes Coles Express, Coles Best Buys Online Exclusive, DoorDash, UberEats and other purchases as outlined in clause 2.5.  A maximum limit of one Bonus Credit per participating brand or product range, per transaction applies.

FULL TERMS & CONDITIONS

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 valid postal address, a valid email address and a valid 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 one automatic entry in the prize draw for every $20 they spend in one transaction after any applicable discounts and exclusions set out below in paragraph 6 (Qualifying Spend) instore or online at Coles (excludes Coles Express) between 12:01am (AEDT) on 04/10/2023 and 11:59pm (AEDT) on 16/01/2024 (Competition Period) and scan their Flybuys card in-store or enter their Flybuys card number online at time of purchase. Multiple entries within a single shop are permitted eg. spend $60 in one transaction (after exclusions) and receive 3 entries into the draw. Orders made online at Coles 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 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 and tobacco related product purchases and any delivery charges. 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 6 separate prize draws. Each valid entry will be included in one draw only as per the schedule below and winners will be drawn from the pool of valid entries at the draw address as per the schedule below:

12.               The first valid entry drawn in each of the 6 draws will 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 winner in writing (or via email) within 7 days after each draw date. The winners’ name and postcode will be posted on the Website within 7 days after each 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 within 90 days after being selected as a winner, 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 within 90 days after being drawn as the winner.  If the winner does not accept the prize within 90 days after being drawn as the winner, 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 within 90 days after the draw date the Promoter may conduct a further draw from the pool of valid entries at 10:00am (AEST) on 09/05/2024 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) within 7 days after the further draw date 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 any social media provider and no social media provider is 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/important-information/privacy-policy. 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 Webform for any privacy related queries. 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: