KELLOGG S FREE BOOKS NATIONAL PROMOTION TERMS AND CONDITIONS

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From this document you will learn the answers to the following questions:

  • What must individuals purchase to be eligible to claim?

  • What will each claimant have to choose from for their claim?

  • What kind of conduct must be improperly discouraged by the Promoter?

Transcription

1 KELLOGG S FREE BOOKS NATIONAL PROMOTION TERMS AND CONDITIONS 1. Instructions on how to claim and the gifts form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions. Offer not valid in conjunction with any other offer. 2. Claims in respect of gifts outlined in clauses 12 and 13 below are open to Australian residents only, and claims in respect of gifts outlined in clause 14 below are open to New Zealand residents only. Claimants under 18 years old must have parental/guardian approval to claim and further, the parent/guardian of the claimant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor submitting a claim in this promotion. Employees (and their immediate families) of the Promoter, participating supermarkets and agencies associated with this 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, stepgrandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1 st cousin. 3. Promotion commences for purchases on 01/02/2016 and ends for purchases at 11:59pm Australian Eastern Standard Time ( AEST ) on 10/04/2016 ( Purchase Period ). Claims open on 01/02/2016 and final claims close at 11:59pm AEST on 08/05/2016 or once all available gifts have been claimed, whichever is first to occur ( Claim Period ). For the avoidance of doubt, the promotion will close in Australia at 11:59pm AEST on 08/05/2016 or once 100,000 valid claims have been received in respect of the gifts outlined in clause 12 below and 2,000 claims have been received in respect of the gift outlines in clause 13 below (which ever is first to occur) and the promotion will close in New Zealand at 11:59pm AEST on 08/05/2016 or once 10,000 valid claims have been received in respect of clause 14 below (which ever is first to occur). 4. To be eligible to claim, individuals must purchase, any two (2) Participating Products (as outlined below) in a supermarket in Australia or New Zealand that stocks the Participating Products, during the Purchase Period ( Qualifying Purchase ). For the avoidance of doubt, the purchase of two (2) Participating Products does not have to be in the same transaction, however, the purchase must be from the same country. In addition, it is not a requirement that the purchase of two (2) Participating Products be made from the same participating supermarket, unless the claimant intends to claim the Coles Bonus Gift (as outlined in clause 13 below) in which case both Participating Products must be purchased from Coles. Participating Products include any (a) specially marked Kellogg s cereal product listed below; and (b) any LCM s Value Pack Products listed below: All-Bran 530g Coco Pops 375g Coco Pops 650g Corn Flakes 380g Corn Flakes 725g Just Right Original 460g Just Right 790g Nutri Grain 290g (not available in NZ) Nutri Grain 500g (not available in NZ) Nutri Grain 805g (not available in NZ) Rice Bubbles 410g Rice Bubbles 705g Sultana Bran 420g Sultana Bran 730g

2 Kellogg's Free Books Promotion - V18- T&C - ADC STC FINAL.docx Sultana Bran 850g Special K 300g Special K 535g LCMs Original 330g LCMs Split Stix Yoghurty 345g LCMs Golden Joys 345g LCMs Choc Chip 330g LCMs Kaleidos 330g For the avoidance of doubt, Participating Products that are Kellogg s cereal products will be specially marked and will include messaging about this promotion on-pack. Kellogg s LCMs Value Pack Products will not be specially marked and therefore, for the purposes of this promotion, any Kellogg s LCMs Value Pack Products listed above will be deemed Participating Products. 5. To claim, individuals must then visit and undertake the following steps during the Claim Period: Follow the prompts to the claim page; Input the requested details including the supermarket/s from where they made their Qualifying Purchase/s. If a Qualifying Purchase has been made from multiple supermarkets or chains in Australia, individuals must select the Other Australia when submitting a claim (as shown on screen). There is only one option for New Zealand claimants, being New Zealand; Upload a scanned copy of their purchase receipt/s, clearly showing the Qualifying Purchase/s (i.e. the Participating Products purchased) and the supermarket/s of purchase for verification. Select a book title from the book titles listed, for each Qualifying Purchase made, as shown on their purchase receipt/s uploaded, up to a maximum of five (5) book titles. Book titles are subject to availability in accordance with clauses 12, 13 or 14). For the avoidance of doubt, there is a set number of each book title available in Australia and New Zealand (as per clauses 12, 13 and 14) and once the relevant number of each particular title runs out, that title will no longer be available for selection; Select either Get, Gift or Give for each title, with the Give option available for selected titles only (as indicated on the website). For clarity: o o o Get means to receive the selected book yourself; Gift means to gift the selected book to a friend. For the avoidance of doubt when Gift is selected, the claimant can only gift the selected book to a friend in the same residing country, i.e. Australian residents can only gift to Australian residents and New Zealand residents can only gift to New Zealand residents: and Give means to donate the selected book to a charity. When Give is selected, books will be donated to The Smith Family charity on behalf of Australian claimants and to a New Zealand charity to be determined by the Promoter in its absolute discretion (and specified on the promotional website), on behalf of New Zealand claimants. Only selected books can be given to The Smith Family, and therefore if Give is selected by an Australian claimant at the time of making a claim, only up to twenty three (23) book titles will be available for selection, subject to availability, and once those titles are exhausted the Give option will no longer be available as a selection for Australian claimants; and 2

3 Submit the fully completed online claim form. Individuals who select Get or Give will be shown a Thank You Page and the selected book will be delivered to the claimant or the relevant charity (depending on their selection) and once their claim has been validated. Individuals who select Gift will be prompted to input their chosen friend s details including their name and street address. Once the requested details have been included and submitted as prompted, the selected book will be delivered to the relevant address, once the claim has been validated. 6. 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. 7. Incomplete or indecipherable claims will be deemed invalid. 8. Multiple claims permitted, subject to the following: (a) only one (1) claim permitted per Qualifying Purchase (i.e. per two (2) Participating Products purchased); (b) claims for Qualifying Purchases made must be submitted separately and in accordance with claim requirements; and (c) a maximum of five (5) claims is permitted per household. Offer is strictly limited to the first 100,000 valid claims received in respect of the gifts outlined in clause 12, the first 2,000 claims received in respect of the gift outlines in clause 13 and the first 10,000 valid claims received in respect of the gifts outlined in clause Claimants must retain their 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 gift. Purchase receipt(s) must clearly specify the Participating Products purchased, supermarket of purchase and that the Qualifying Purchase was made during the Promotional Period but prior to claim. 10. The Promoter s decision is final and no correspondence will be entered into. 11. Each valid claim received, subject to the limitations as set out in clauses 12, 13 and 14, will win their choice of book from the book titles available at the time of claim submission ( Gift ). Books are subject to availability. 12. The first 100,000 valid claims received from residents of Australia will each win a Gift. Subject to clause 13, there are a total of 100,000 books available to be claimed across the following titles for Australian residents: 4,650 x Diary of a Wimpy Kid valued at $ ,650 x Rodrick Rules: Diary of a Wimpy Kid valued at $ ,650 x Long Haul: Diary of a Wimpy Kid valued at $ ,460 x Percy Jackson and the Lightning Thief valued at $

4 3,460 x Percy Jackson and the Sea of Monsters valued at $ ,460 x Our Australian Girl: Meet Marly (Book 1) valued at $ ,460 x Our Australian Girl: Marly s Business (Book 2) valued at $ ,460 x Our Australian Girl: Meet Grace (Book 1) valued at $ ,460 x Our Australian Girl: A Friend for Grace (Book 2) valued at $ ,460 x Sporty Kids: Footy! valued at $9.99 3,460 x Sporty Kids: Swimming! valued at $9.99 3,460 x Sporty Kids: Soccer! valued at $9.99 3,460 x Stuff Happens: Jack valued at $9.99 3,460 x Stuff Happens: Ned valued at $9.99 4,650 x At the Show: Juliet, Nearly a Vet (Book 2) valued at $9.99 4,650 x Farm Friends: Juliet, Nearly a Vet (Book 3) valued at $9.99 4,650 x Outback Adventure: Juliet, Nearly a Vet (Book 9) valued at $9.99 1,660 x Angel Cake valued at $ ,660 x Scarlett valued at $ ,460 x Pippa s Perfect Picnic: Aussie Nibbles valued at $ ,460 x Littlest Pirate and the Treasure Map: Aussie Nibbles valued at $ ,460 x Fete Escape: Aussie Bites valued at $ ,460 x Smarty Cat: Aussie Bites valued at $ ,460 x Captain Stella: Aussie Chomps valued at $ ,460 x Really Nearly Deadly Canoe Ride: Aussie Chomps valued at $ ,660 x Alice s Adventures in Wonderland: Popular Penguins valued at $9.95 1,660 x Wonderful Wizard of Oz: Popular Penguins valued at $9.95 1,660 x Curious Case of Benjamin Button: Popular Penguins valued at $9.95 1,660 x Jungle Book: Popular Penguins valued at $9.95 1,660 x Frankenstein: Popular Penguins valued at $ ,660 x Gulliver s Travels: Popular Penguins valued at $ Coles Bonus Title: Australian claimants that submit a claim in accordance with the instructions in clause 5 above, where Coles supermarkets in Australia are indicated as the sole supermarket of the Qualifying Purchase (for both Participating Products purchased), will, subject to availability, also be given the option of selecting the book titled The Great Aussie Family Cookbook valued at AU$35.00 as their Gift (instead of one of the titles listed in clause 12). There are 2,000 Coles Bonus Gifts available for redemption. Once all 2,000 Coles Bonus Gifts have been redeemed, the option to select the Coles Bonus Gift will be unavailable and the claimant will only be able to select from the book titles still available as listed in clause 12 (if any). 14. The first 10,000 valid claims received from residents of New Zealand will each win a Gift. There are a total of 10,000 books available to be claimed across the following titles for New Zealand residents: 465 x Diary of a Wimpy Kid valued at $ x Rodrick Rules: Diary of a Wimpy Kid valued at $ x Long Haul: Diary of a Wimpy Kid valued at $ x Percy Jackson and the Lightning Thief valued at $ x Percy Jackson and the Sea of Monsters valued at $ x Our Australian Girl: Meet Marly (Book 1) valued at $ x Our Australian Girl: Marly s Business (Book 2) valued at $

5 200 x Our Australian Girl: Meet Grace (Book 1) valued at $ x Our Australian Girl: A Friend for Grace (Book 2) valued at $ x Sporty Kids: Footy! valued at $ x Sporty Kids: Swimming! valued at $ x Sporty Kids: Soccer! valued at $ x Stuff Happens: Jack valued at $ x Stuff Happens: Ned valued at $ x At the Show: Juliet, Nearly a Vet (Book 2) valued at $ x Farm Friends: Juliet, Nearly a Vet (Book 3) valued at $ x Outback Adventure: Juliet, Nearly a Vet (Book 9) valued at $ x Angel Cake valued at $ x Scarlett valued at $ x Pippa s Perfect Picnic: Aussie Nibbles valued at $ x Littlest Pirate and the Treasure Map: Aussie Nibbles valued at $ x Fete Escape: Aussie Bites valued at $ x Smarty Cat: Aussie Bites valued at $ x Captain Stella: Aussie Chomps valued at $ x Really Nearly Deadly Canoe Ride: Aussie Chomps valued at $ x Alice s Adventures in Wonderland: Popular Penguins valued at $ x Wonderful Wizard of Oz: Popular Penguins valued at $ x Curious Case of Benjamin Button: Popular Penguins valued at $ x Jungle Book: Popular Penguins valued at $ x Frankenstein: Popular Penguins valued at $ x Gulliver s Travels: Popular Penguins valued at $ If for any reason a claimant does not take and/or redeem a Gift by the time stipulated by the Promoter, then the Gift will be forfeited. 16. If any Gift is unavailable, the Promoter, in its discretion, reserves the right to substitute the Gift with a Gift to the equal value and/or specification, subject to any written directions from a regulatory authority. 17. The total value of all Gifts in Australia is AU$1,294,938 and the total value of all Gifts in New Zealand is AU$122, Gifts are not transferable or exchangeable and cannot be taken as cash. 18. Claimants consent to the Promoter using their name, likeness, image and/or voice in the event they are a successful claimant (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter. 19. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, 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, to modify, suspend, terminate or cancel the promotion, as appropriate. 5

6 20. Any cost associated with accessing the promotional 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. 21. 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 or any statutory consumer guarantees as provided under consumer protection laws in New Zealand ( 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. 22. 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. 23. 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 and prize suppliers. Claim 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 (for residents of Australia) and at (for residents of New Zealand). In addition to any use that may be outlined in the Promoter s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI of claimants for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the claimant, in the manner described in the Promoter s Privacy Policy. The Privacy Policy also contains information about how claimants may opt out, access, update or correct their PI, and also 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 in the case of the Australian Privacy Policy. All claims become the property of the Promoter. Unless otherwise indicated by the Promoter, the Promoter may disclose personal information to entities outside of Australia (for a list of the countries, see the Promoter s Privacy Policy). 24. The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia. 6

7 25. The Promoter is Kellogg (Aust) Pty Ltd (ABN ) of Wentworth Avenue, Pagewood NSW 2035, telephone: (02) (in Australia) and Kellogg (Aust.) Pty. Ltd. Level 1, Falcon St. Parnell, Auckland (in New Zealand). NSW Permit No. LTPS/15/ SA Permit No. T15/1882 7

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