1. Information on how to enter this Promotion and Prize details form part of these Terms and Conditions of entry (Terms). These Terms apply to the Promotion and entry into the Promotion is deemed acceptance of these Terms.
2. The promoter is KitchenAid Australia Pty Ltd (ABN 50 601 363 419) of 6-8 Billbrooke Close Cameron Park NSW 2286, Australia, telephone (02) 4902 6500 (Promoter).
Promotion entry details
3. The Promotion will be open from 9:30am AEDT on Thursday, 5 December 2024 and will close at (Promotion Period).
4. Entry is open to Australian and New Zealand residents aged 18 years or over, except on the 12th Day of Giveaways, and excluding management, directors, employees or contractors of the Promoter (or any of its business partners) and retailers, suppliers, agencies and companies associated with the Promotion, and their immediate families (Eligible Entrants).
5. The Promoter will post no more than twelve (12) posts during the Promotion Period that are the subject of this Promotion (Promotional Post). Each promotional post will specify in its caption that it is subject of this Promotion and identify the respective Prize.
6. To enter the Promotion and be eligible to win, Eligible Entrants must, during the Promotion Period:
a) Follow, or already be following, the Promoter's Instagram account @kitchenaidausnz, located at https://www.instagram.com/kitchenaidausnz/;
b) like the Promotional Post the subject of this Promotion, located at the Promoter's Instagram account; and
c) post a comment on the Promotional Post, tagging a friend.
(Eligible Entry).
7. There is no limit on the amount of times an Eligible Entrant can enter the Promotion. Each time an Eligible Entry is submitted, the Eligible Entrant will be automatically entered into the Promotion and will be eligible to win the Prize specified in the relevant Promotional Post. Eligible Entrants can be selected as the winner of no more than one (1) Prize.
8. The Promoter accepts no responsibility for any entries not received for any reason during the Promotion Period. No responsibility will be taken for lost, late or misdirected entries or entries not received for any reason. The Promoter is not responsible for technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times.
9. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Terms.
a) Incomplete, illegible, indecipherable or incorrect entries, or entries containing offensive or defamatory comments, or which breach any law or infringe any third-party rights (including intellectual property rights) are invalid.
b) Any entrant who, in the opinion of the Promoter, tampers or interferes with the entry mechanism in any way (including by using any automated entry software), or who does not properly comply with the entry process, will be ineligible to win.
Prize details
10. This is a game of chance, not skill. The draw (Draw) for each prize will take place at KitchenAid ANZ’s premises at 9:30 am AEDT the day after the giveaway. A representative of KitchenAid ANZ will use a random generator to randomly select the winner for each Prize and then verify that it is an Eligible Entry.
11. If the winner’s entry is not an Eligible Entry or if an Eligible Entrant has already been selected for another Prize, the Draw will take place again until a winner whose entry is an Eligible Entry and who has not already been drawn for a Prize, is randomly selected using the random generator (Prize Winner).
12. The Draw will proceed in the same order in which the Promotional Posts were posted to the Promoter's Instagram account, and the Draw will continue (pursuant to clauses ‎10 and ‎11 above) until a Prize Winner has been selected for each Prize.
13. There are twelve (12) prizes on offer in total as part of the Promotion (each a Prize). The Prize Winner for each respective Prize must nominate a friend who will also receive that Prize (Nominated Friend). To be clear, each respective Prize in the table below will be received by the Prize Winner and the Nominated Friend.
14. In the event that the Promoter is unable to supply any of the Prizes, or any part thereof, the Promoter reserves the right to supply an alternative prize of similar monetary value.
15. Each Prize will be delivered at the Promoter's cost to the Prize Winner's and the Nominated Friend's nominated address (which must be a valid Australian or New Zealand address). All other costs associated with the Prize are the responsibility of the Prize Winner. The Promoter will not be liable for any loss or damage to the Prize caused by its delivery to the nominated addresses.
16. The Prize is not transferable and cannot be exchanged for cash. The Promoter accepts no responsibility for any variation in the value of the Prize, or for any tax liabilities that may arise from winning the Prize.
17. The Prize Winners will be notified by KitchenAid ANZ via direct message to the Instagram account used to comment on the Promotional Post, within seven (7) days of the date of the Draw. The Prize Winners must provide their address and the Nominated Friend's address (if different) to which the Prize will be sent.
18. The Promoter reserves the right to request that a Prize Winner provide proof of their identity, residency and age prior to awarding the Prize. Proof of identification considered suitable for verification is at the discretion of the Promoter. In the event that the Prize Winner cannot provide suitable proof, in the timeframe required by the Promoter, that Prize Winner will forfeit the Prize and no substitute will be offered.
19. If the Promoter is unable to contact a Prize Winner to claim the Prize within seven (7) days of providing notification in accordance with clause ‎17, or the Prize Winner cannot provide suitable proof as required by clause‎ ‎15 or is otherwise unable to accept the Prize, the Prize will be deemed as forfeited. It is the responsibility of all Eligible Entrants to check their Instagram inbox to ensure that they receive any communications relating to the Promotion.
20. Where a Prize Winner has forfeited the Prize, or if for any other reason a re-draw is required in accordance with these Terms, the representative of KitchenAid ANZ will choose a replacement Prize Winner in accordance with clause ‎‎10(Re-Draw). KitchenAid ANZ will notify the winner of the Re-Draw in accordance with clause ‎‎17. If the winner of the Re-Draw is unable to be contacted despite the Promoter's reasonable efforts, subsequent Re-Draws will take place in the same manner until the Prize is claimed by the winner of the latest Re-Draw.
21. The Instagram accounts of the Prize Winners will be announced by the Promoter via an Instagram Story on the Promoter's Instagram account at 9:30am AEDT the day after each giveaway.
22. The Promoter’s decision is final on all matters and no correspondence will be entered into.
Other Terms
23. Eligible Entrants agree and acknowledge that all entries become and remain the property of the Promoter upon entry. The Promoter reserves the right to use any entry for any purpose in connection with the Promotion and the goods of the Promoter.
24. The Promoter collects personal information about entrants to include entrants in the Promotion and where appropriate award a Prize. By participating in the Promotion, each entrant consents to disclosing their personal information to the Promoter and the Promoter using, and disclosing their personal information to the relevant authorities in the relevant States, the Promoter's related entities, the Promoter's agencies and other third parties engaged to provide services in connection with the Promotion for the following purposes:
a) conducting the Promotion;
b) contacting the entrant in relation to the Promotion;
c) in the Promoter's and its agencies’ case, the purposes set out in the Promoter's privacy policy (available at https://kitchenaid.com.au/pages/privacy-policy) or by writing to the Promoter at the address set out in clause ‎‎2 of these Terms).
25. Entrants provide this consent until such a time as they withdraw their consent by giving notice to the Promoter. Entrants can also gain access to, update or correct any personal information held by contacting the Promoter at the details listed in clause ‎‎2 of these Terms.
26. The Promoter will not be liable for any loss or damage whatsoever (including but not limited to indirect or consequential loss) or for personal injury which is suffered or sustained in connection with this Promotion or as a result of accepting or using the Prize, except for any liability which cannot be excluded by law.
27. If the 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 entrant; or
b) subject to any written directions from any applicable regulatory authority, to modify, suspend, terminate or cancel the Promotion, as appropriate.
28. If you have any dispute or complaint relating to the Promotion, please contact the Promoter at the details listed in clause ‎‎2 of these Terms. The Promoter will use its reasonable endeavours to respond to you within 21 business days to discuss a resolution in good faith.
29. You acknowledge that the Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. You release Instagram from all claims that you may have against Instagram arising out of or in connection with this Promotion.
30. Prizes for the entire promotional period will be sent together after the promotional period, therefore cannot guarantee that the prizes will be delivered to the winners prior to Christmas Day on the 25th December 2024.