Terms and Conditions

Promotion Period

The Promotion starts on 08/07/2020 and ends at 11:59pm AEST on 01/09/2020, or once twenty-five thousand (25,000) valid claims have been received, whichever is earlier.

Participating Stores

A Participating Store is any Coles supermarket in Australia, while the Promotion is advertised with marketing materials in that store or the Coles online store at www.coles.com.au. For the removal of doubt, Coles Express is not a Participating Store in the Promotion.

Gift

Each gift is a Smart Watch valued at $28 (RRP including GST) (one size/colour and one size fits most).

The number of Gifts is strictly limited to the first twenty-five thousand (25,000) valid claims received. Total value of Gifts available is $700,000.

Eligible Purchase

Purchase, in a single transaction, three (3) or more products from the CADBURY Chocolate Range from a Participating Store during the Promotion Period and retain the purchase receipt.

For the removal of doubt, the following CADBURY products are excluded: any candy, biscuit, baked goods, dairy, ice confectionery and powdered beverage products.  

Claim Limit

Limit of one (1) claim per person permitted in the Promotion. Offer is strictly limited to the first twenty-five thousand (25,000) valid claims received.

Promotion Website

www.cadbury.com.au/promo

Promoter

Mondelez Australia Pty Ltd (ABN 78 004 551 473), Level 10, 75 Dorcas Street, South Melbourne VIC 3205.

Permit Number

SA Permit No. T20/486

 

  1. These Terms and Conditions explain the terms on which the Promoter will conduct the Promotion.
  2. Participation in the Promotion is deemed acceptance of these Terms and Conditions.
  3. Offer not valid in conjunction with any other offer.
  4. Claims are only open to Australian residents aged 18 years or older.
  5. Employees (and their immediate families) of the Promoter, Participating Stores and agencies associated with the Promotion are ineligible to claim. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st
  6. To claim a Gift, eligible individuals must complete the following during the Promotion Period:
    1. Make an Eligible Purchase; and then
    2. Visit the Promotion Website, follow the prompts to the Promotion claim page, input the requested details (including their full name, email address, postal address and telephone number) upload a copy of the purchase receipt for the Eligible Purchase and submit the fully completed claim form. 
  7. In the event that an eligible individual does not redeem the Gift at the time stipulated by the Promoter and before Gift stocks are exhausted, then the Gift will be forfeited. Gifts will not be awarded retrospectively.
  8. Successful claimants will be notified by email.
  9. Successful claimants will have their Gift delivered to the postal address entered in the Promotion claim form within 20 working days from claim and validation approval.
  10. Incomplete or indecipherable claims will be deemed invalid.
  11. The Promoter or its agent may verify Gift claims and disqualify any participant who tampers with the claim process or submits an invalid claim.
  12. If there is a dispute as to the identity of a claimant, the Promoter reserves the right, in its sole discretion, to determine the identity of the claimant.
  13. The Promoter reserves the right, at any time, to verify the validity of claims and claimant’s (including a claimant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the claim process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
  14. Claimants must retain their Coles purchase receipt(s) for all claims as proof of purchase. Failure to produce the proof of purchase for all claims when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of a claimant’s claims and forfeiture of any right to a reward. Purchase receipt(s) must clearly specify the store of purchase, that three (3) CADBURY Chocolate Range products were purchased and that the purchase was made during the Promotion Period but prior to claiming.
  15. Gifts cannot be transferred, exchanged or redeemed for cash.
  16. If a Gift is unavailable for any reason (except when total Gift stocks stated in these Terms and Conditions are exhausted), the Promoter may substitute it for another item of equal or greater value, subject to any written directions from a regulatory authority.
  17. The value of Gifts is correct as at the time of preparing these Terms and Conditions. The Promoter will not be liable for any change in value between that time and the redemption date.
  18. The Promoter’s decision is final. No correspondence will be entered into regarding the Promotion.
  19. In the event of war, terrorism, state of emergency, pandemic or any other kind of disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the Promotion or suspend, substitute or modify a Gift, subject to any written directions from a regulatory authority.
  20. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion.
  21. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in Gift value to that stated in these Terms and Conditions; (e) any tax liability incurred by a claimant; or (f) use of a Gift.
  22. If for any reason any aspect of this Promotion does not, or is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any claimant; or (b) subject to any written directions from a regulatory authority, cancel, terminate, modify or suspend the Promotion, as appropriate.
  23. Any cost associated with accessing the Promotion Website is the claimant’s responsibility and is dependent on the Internet service provider used. The use of any automated software or any other mechanical or electronic means that allows a claimant to automatically claim repeatedly is prohibited and will render all claims submitted by that claimant invalid.
  24. The Promoter collects personal information ("PI") in order to conduct the Promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://au.mondelezinternational.com/privacy-policy.  In addition to any use that may be outlined in the Promoter’s Privacy Policy, if a claimant elects to opt in to receive marketing materials from the Promoter by ticking the relevant box on the online claim form, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the claimant. The Privacy Policy also contains information about how claimants may opt out, access, update or correct their PI, how claimants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. Unless otherwise indicated by the Promoter, the Promoter may disclose PI to entities outside of Australia where it is necessary for the services these entities provide to the Promoter (for a list of countries, see the Promoter’s Privacy Policy) and cannot guarantee that any overseas recipient will not breach the Australian Privacy Principles, but the Promoter’s own privacy policy will apply to all PI collected at all times. By participating in the Promotion claimants’ consent to the overseas transfer on these terms as permitted by the Australian Privacy Principles and agree that the Promoter is not liable in this regard.