Terms and Conditions
Coles Fresh Stikeez 2019 Campaign – Terms & Conditions
1.1 The Coles Fresh Stikeez 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 Fresh Stikeez Collectable (“Collectable”) and participation in this Campaign is deemed acceptance of these terms and conditions.
2. Coles Fresh Stikeez Collectable 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, Coles Local stores, Coles Express stores, or on Coles Online between 00:01am AEDT 13 February 2019 to 11.59pm AEDT 26 March 2019 (“Campaign Period”), Coles will provide customers with one Collectable while stocks last. A maximum limit of five collectables per qualifying transaction applies at Coles Express, and ten collectables on Coles Online.
2.2 There is a total of 29 unique Collectables, which includes five limited edition Collectables. The award of a Collectable is subject to stock availability and is at the sole discretion of Coles. Collectable/s must be redeemed at the point of purchase and at the time of the relevant transaction.
2.3 Collectables are provided to customers entirely at random and cannot be exchanged by Coles staff members for another Collectable once opened by the customer.
2.4 The Qualifying Spend is calculated after applying all savings and discounts and excludes the purchase of Coles Insurance products, donations, iTunes cards, gift cards, mobile phone and mobile phone plans, recharge, Opal top up, calling cards, liquor, tobacco and tobacco related product purchases, AdBlue, Trailer Hire and Lottery cards. Other products may also be excluded at Coles’ discretion during the Campaign Period.
2.5 Qualifying Coles Online orders must be ordered from 13 February 2019 and delivered by 26 March 2019. The Coles Online service fee is excluded when calculating whether the customer has met the Qualifying Spend. A maximum limit of ten Collectables per customer, per transaction applies for all Coles Online transactions. This limit excludes any Bonus Collectables earned in a Coles Online transaction.
2.6 Collectables will only be available during the Campaign Period or while stocks last. Coles accepts no liability if Collectables 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 offer bonus collectables (“Bonus Collectables”). One Bonus Collectable will be awarded when a customer spends $30 in one transaction and also purchases one or more products from a participating brand or product range. A maximum limit of one Bonus Collectable per participating brand or product range, per transaction applies. Excludes Coles Express and Coles Local. A full list of participating products can be found in clause 8 of this document, Coles will communicate in store and/or externally if, how and when Bonus Collectables will be provided.
2.9 The Collectables are for those aged 5 years and older. Adult supervision is advised for those aged younger than 5 years of age due to the risk of choking. There are important safety warnings on the packaging of the Collectables so please save this information for future reference.
2.10 For every purchase over $30 of fuel and shop products in the same transaction at Coles Express (excluding Coles Online and Coles Supermarkets) between 00:01am AEDT 6th March 2019 and until close of trade AEDT 26 March 2019 (store closure times may vary; refer to https://www.colesexpress.com.au/store-locator.aspx for further information), Coles Express will provide customers with a Bonus Collectable while stocks last (Special Offer). Coles Express may at any time and in its absolute discretion choose to amend the Special Offer.
Purchase of fuel and shop products must be in the same transaction in order to qualify for the Special Offer. A limit of one Bonus Collectable per transaction will be applied. Collectables are provided to customers entirely at random and cannot be exchanged by Coles Express staff members for another Collectable once provided to the customer.
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 Collectable or elements of the Collectable 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/stikeez (“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
5.2 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.
6.1 By participating in the Campaign, participants consent to Coles using the participant’s name, locality, number of collectables 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.
7.1 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 Collectable 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. Participating Brand or Product Ranges
8.1 One Bonus Collectable will be awarded when a customer spends $30 in one transaction and also purchases one or more products from a participating brand or product range indicated below. Excludes Coles Express. A maximum limit of one Bonus Collectable per participating brand or product range, per transaction applies.
Participating Brands or Product Range
- Mount Franklin Water
- Australia's Own
- Old El Paso Kits
- Finish Dishwashing
- Optimum Pet Food
- Colgate Toothpaste
- Gillette & Gillette Venus
- Garnier (excluding BB Cream and Hair)
- Primo Sliced Meat 80-100g
- Lilydale Chicken from the Meat Department
- Bulla Ice Cream
- Helga's Bread Loaves
- Coles Finest Sausages 500g
- Hot Cross Buns 6 Pack
- Perino Tomatoes from the Fresh Produce Department (until 5 March 2019 only)
- Grapes from the Fresh Produce Department (until 5 March 2019 only)
- Cucumbers from the Fresh Produce Department (until 5 March 2019 only)
- Nescafe Blend 43
- Broccoli from the Fresh Produce Department
- Royal Gala Apples from the Fresh Produce Department
- William Bartlett Pears from the Fresh Produce Department