Kellogg’s Enactus Competition: A year’s supply of cereal
Terms and Conditions – Game of Skill
1.Information on how to enter and prizes form part of the Terms and Conditions. Entry into this competition deems acceptance of these Terms and Conditions.
2.To the extent of any inconsistency between these Terms and Conditions and any other reference to this competition, these Terms and Conditions prevail.
Who can enter
3.Subject to clause 4, entry is open to all residents of Australia, aged 18 years and over who have fulfilled the requirements set out below ('Eligible Entrants').
4.Employees, and their immediate families, of the Promoter, associated agencies and companies, contractors or individuals are not eligible to enter this competition. Immediate family means any of the following: spouse, ex-spouse, defacto 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 cousin.
5.The Promoter is Kellogg (Aust.) Pty Ltd (ABN 30 004 110 105) of 41-51 Wentworth Avenue, Pagewood NSW 2035 ('Promoter').
How to enter
6.To enter the promotion, Eligible Entrants must:
a)Post a picture on their personal Instagram account (with privacy settings set to public) with their favourite Kellogg’s product, using the hastag #KelloggEnactusComp and tagging @kelloggaus; and
b)Follow @kelloggaus on Instagram.
7.The Promoter reserves the right, in its sole discretion, to reject any entries which do not comply with these Terms and Conditions and will not provide any reasons for rejection. Entries that do not comply with these Terms and Conditions will be deemed invalid and are not eligible to win the prize. The Promoter reserves the right to verify the validity of entries and reserves the right to disqualify any entrant who was not eligible to enter, does not comply with these Terms and Conditions, or tampers with the entry process.
8.This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. Instagram membership and the use of Instagram generally are subject to the Instagram prevailing terms and conditions of use available at www.instagram.com. Entrants understand that they are providing their information to the Promoter and not to Instagram. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other internet users via Instagram. To the extent permitted by law, each entrant agrees to indemnify, defend and forever hold harmless, Instagram and its associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by an entrant in respect of the entrant’s participation in the promotion. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Instagram.
When to Enter
9.The Promotion Period commences at 9.00am AEST on 4 July 2018 and closes at midnight AEST on 5 July 2018 (‘Promotion Period’).
10.The winner will be selected by the Promoter within two business days of the end of the Promotional Period.
11. All times noted in these Terms and Conditions are AEST. Entries must be received by the Promoter prior to the close date and time of the Promotional Period to be eligible to enter. No entries will be accepted outside of the Promotion Period.
12.If the winner does not respond to the Promoter, or the Promoters agent, within a reasonable time (not being less than 1 month) of being notified that they are the winner, or they are unable to satisfy any element of these Terms and Conditions, the Promoter or the Promoters agent may, in its absolute discretion, select a runner up from the valid entries received during the Promotional Period.
Judging of entrants
13.The winner will be chosen based on originality and creativity.
14.The winner of the Prize will be notified via private Instagram message within two business days.
15.The Promoter will not be liable for a winner who cannot be contacted after making reasonable attempts and therefore forfeits the Prize and no correspondence will be entered into.
16.Eligible Entrants must have the privacy settings of their personal Instagram account set to “public”.
17.Entries must not contain any material which is, in the opinion of the Promoter, offensive, defamatory, inappropriate, obscene, unsuitable, infringing content, rude or otherwise objectionable.
18.All entrants must submit ONLY their own original photos. Any such photos cannot be previously published in any forum worldwide. Entries that are found to have been derived from the designs of a third party will be considered invalid and, if awarded a prize, that prize must be returned to the Promoter. The winners may be required to sign a statutory declaration regarding the originality of the entry.
19.All entrants must have permission from any person easily identifiable in the picture to upload the picture on their persona Instagram page before entering the promotion.
Number of Entries permitted
20.Multiple entries are not permitted.
Prize on offer
21.Total prize value is approximately RRP $288.
22.Prize: A year’s supply of one of Kellogg’s cereals. A one year supply of cereal equates to 48 boxes of cereal.
23.The winner can choose any variety of cereal that is offered for purchase in Australia at 4 July 2018 from the following brands:
a)Kellogg’s, which includes:
ii.Coco Pops cereal
xii.Special K cereal
b)Be Natural cereal; or
c)Bear Naked cereal.
24.For the avoidance of doubt, only one of the aforementioned varieties can be chosen for the entire year period.
25.The winner cannot choose to receive value-size boxes that are 1kg or over.
26.The winner cannot choose any Kellogg’s, Be Natural or Bear Naked snack product as the Prize.
27.The Promoter will arrange for the Prize to be forwarded to the winner within a reasonable time.
28.The Promoter highly recommends a current residential street address be provided when requested for ease of correspondence and delivery. The Promoter cannot guarantee that any part of the Prize returned to the Promoter due to non-delivery at the provided address will be re-sent to the winner.
29.The Promoter will need to be alerted to any change in address of the winner and will require at least two months notification period to ensure prize is fulfilled.
30.The Prize will be delivered in instalments of 1 x case per quarter (which is 12 boxes every 3 months).
31.The Promoter and its employees, agencies and representatives associated with this Promotion are not responsible for any lost, stolen, misdirected or damaged shipments.
Further Terms and Conditions
32.The Promoter reserves the right to amend these Terms and Conditions if this competition cannot be run as originally planned. The Promoter may also cancel or suspend this competition if an event beyond the control of the Promoter corrupts or affect the administration security, fairness, integrity or proper conduct of this competition. The Promoter will disqualify any individual who has tampered with the entry process or any other aspect of this competition.
33.The Promoter and their associated agencies and companies will not be liable or responsible for any problems or technical malfunction of any telephone network or lines, computer on line systems, servers, or providers, computer equipment, software, technical problems of the phone or of any phone network, or any misadventure, accident, injury, loss (including but not limited to consequential loss) or claim that may occur which is connected with their entry or as a consequence of late, lost or misdirected mail or email.
34.If a prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to State Regulation. It is a condition of accepting a prize that the winner must comply with all the conditions of use of the prize and the prize supplier's requirements. The prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated. All prizes are non-exchangeable, non-transferable and are not redeemable for cash or other prizes.
35.The Promoter reserves the right to request winners to sign a winner's deed of release or any other relevant forms or agreements that the Promoter deems necessary, to provide proof of identity, proof of age in order to claim a prize. Proof of identification, residency, age and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.
36.The Promoter reserves the right to choose a runner up in place of the original winner in the event of an entrant, claiming to be a winner, being unable to satisfy these Terms and Conditions.
37.The judges' decision in relation to any aspect of the competition is final and binding on each person who enters. No correspondence will be entered into. No responsibility is accepted for late, lost or misdirected entries. All prizes are subject to availability, not transferable or exchangeable for cash.
Privacy Collection Statement
38.The Promoter and its related entities collect entrants' personal information for the purpose of conducting and promoting this competition (including but not limited to determining and notifying winners). The Promoter may disclose personal information collected to an agent who is engaged to conduct judging and prize fulfilment. The Promoter may also disclose personal information collected to Australian regulatory authorities, such as the regulators of trade promotions.
Copyright, Statutory guarantees, Waiver and liability
40.The Promoter accepts no responsibility for any entries not received for any reason during the competition. All entries are deemed received at the time of receipt by the Promoter's database and not at the time of transmission by the entrant. Records are final and conclusive as to time of receipt.
41.All entrants consent to Promoter reposting on social media at any time any images submitted for the purpose of this promotion.
42.All entries and any copyright subsisting in the entries become and remain the property of the Promoter who may publish or cause to be published any of the entries received. In participating in the prizes, the winners agree to participate and co-operate as required in all editorial activities relating to the Competition, including but not limited to being interviewed and photographed. The winners (and their companions) agree to granting the Promoter a perpetual and non-exclusive licence to use such footage and photographs in all media worldwide, including online social networking sites, and the winners (and their companions) will not be entitled to any fee for such use.
43.Prize winners are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of that prize.
44.Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia ('Non-Excludable Guarantees').
45.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 entry or prize 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 prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or Entrant; or (f) the winner attending the prize itself.