KITCHENAID x 12 DAYS OF CHRISTMAS INSTAGRAM GIVEAWAYS 2025 TERMS AND CONDITIONS

 

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). Under this Promotion, Toby’s Estate (ABN 86 084 104 423) of 32-36 City Road Chippendale NSW 2008, Ph: 1300 074 178 will supply the Toby’s Estate component of the Prize. Healthfarm Fine Foods Pty Ltd (ACN 094 559 118) of 10-16 Ives Road, Altona North, Victoria 3025, telephone (61) 0409 047 719. (Mayver’s) will supply the Mayver’s component of the Prize. AMOREPACIFIC AUSTRALIA (ABN 37 622 347 237) of Suite 501 - Level 5, 459 Little Collins Street, Melbourne, telephone (61) 0421 950 478 (Laneige) will supply the Laneige component of the Prize. Kip&Co (ABN 24 155 084 914) of Suite 2, Level 2, 95 Victoria St, Fittzroy VIC 3065, Ph: 0412 655 019 will supply the Kip&Co component of the Prize. Marimekko Australia Pty Ltd (ABN 11 154 920 804) of 576 Chapel Street, South Yara VIC 3141, Ph: 1300 853 671 will supply the Marimekko component of the Prize. Hommey Group Pty Ltd (ABN 671 798 931) of 300 Toorak Road, 4, South Yarra Victoria 3141, Ph: (61) 440 134 154 (Hommey) will supply the Hommey component of the Prize. KEEPCUP PTY LTD (ABN 48 079 542 813) of 71 Noone St, Clifton Hill VIC, telephone (03) 8417 1100 (KeepCup) will supply the KeepCup component of the Prize.

3. The Promotion will be open from 9:00am AEDT on Monday 1st December 2025 and will close on 11:59pm AEDT on Friday 12th December 2025 (Promotion Period).  Entries received outside the Promotion Period are invalid.  

Who can enter? 

4. Entry is open to Australian residents aged 18 years and over (Eligible Entrants) and in some giveaways will also be open to New Zealand residents. Please see terms at the bottom of each giveaway Instagram post.

5. Employees, directors, management and contractors of the Promoter and other agencies, firms, retail staff or companies associated with the Promotion, and their immediate families, are not eligible to enter.  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 first cousin.

6. By entering this Promotion you represent that you are eligible to enter.

How to enter?

7. To enter the Promotion and be eligible to win, Eligible Entrants must, during the Promotion Period 

a) Follow, or already be following @kitchenaidausnz, located at https://www.instagram.com/castleryau and @kitchenaidausnz, located at https://www.instagram.com/kitchenaidausnz/ and the partner collaborator added in 7 of the 12 posts; and remain following each for the duration of the Promotion. Partner collaborators are:

@tobysestatecoffee, located at https://www.instagram.com/tobysestatecoffee/

@laneige_anz, located at https://www.instagram.com/laneige_anz/

@mayversfood, located at https://www.instagram.com/mayversfood/

@kipandco, located at https://www.instagram.com/kipandco/

@marimekkoaunz, located at https://www.instagram.com/marimekkoaunz/

@hommey, located at https://www.instagram.com/hommey/

@keepcup, located at https://www.instagram.com/keepcup/ 

 

b) Like the promotional post the subject of this Promotion (Promotional Post), which will be posted on @kitchenaidausnz Instagram accounts, located at https://www.instagram.com/kitchenaidausnz/; as well as the Partner collaborators added in 7 of the 12 posts; located at

@tobysestatecoffee, located at https://www.instagram.com/tobysestatecoffee/

@laneige_anz, located at https://www.instagram.com/laneige_anz/

@mayversfood, located at https://www.instagram.com/mayversfood/

@kipandco, located at https://www.instagram.com/kipandco/

@marimekkoaunz, located at https://www.instagram.com/marimekkoaunz/

@hommey, located at https://www.instagram.com/hommey/

@keepcup, located at https://www.instagram.com/keepcup/ 

 

c) Save the Promotional Post the subject of this Promotion;

d) Comment on the Promotional Post about why you want to win, tagging a friend. (an Eligible Entry).

8.  There is no limit on the amount of times Eligible Entrants can enter the Promotion, provided that each new Eligible Entry comprises a separate comment pursuant to 7(d) above and each complies with the conditions of these Terms.

9. Eligible Entrants will be automatically entered into the Promotion upon submitting an Eligible Entry (assuming that the Eligible Entrants have complied with these Terms and are not otherwise disqualified or their entry is invalid).

10. Any entry that does not comply with these Terms is not an Eligible Entry.  Entries will be deemed invalid if:

a) they are incomplete, illegible, incorrect, or incomprehensible;

b) they are, or contain, forged, fraudulent, misleading, deceptive, or dishonest information;

c) the entries have been tampered or interfered with in any way, including by use of any automated entry software; and/or

d) the entry contains offensive or defamatory comments, or which breaches any law or infringes any third party rights (including intellectual property rights).

11. The Promoter reserves the right (in its sole discretion) to contact an Eligible Entrant to seek to resolve any issues with an incomplete or otherwise deficient entry that are capable of resolution.  If, following contact with the Eligible Entrant, such issues are resolved by the Eligible Entrant to the satisfaction of the Promoter, the Promoter may accept the updated application as an Eligible Entry.

12. The Promoter accepts no responsibility for any entries that are not received for any reason during the Promotion Period, including by reason of being lost, late or misdirected.  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.

Prize details

13. This is a game of skill. The Prize Winner are determined by chance.

14. The draw (Draw) will take place at the Promoter’s premises at 9:00am AEDT the day after each giveaway.  A representative of the Promoter will select 1 winner per giveaway based on comment and then verify that it is an Eligible Entry. If the winner's entry is not an Eligible Entry, the Draw will take place again until a winner whose entry is an Eligible Entry is randomly selected using [«draw mechanism»] (Prize Winner).

15. There are twelve (12) Prizes on offer in total as part of the Promotion. 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. The Prize Winners will win the Prize for their winning entry. The total value of the Prize for both winner and their nominated friend is AUD $29,686.20.

16. The Prize will be dispatched by the Promoter and KitchenAid to the Prize Winner's nominated address (which must be a valid Australian address) within 28 days of the date of the Draw (or, any subsequent Re-Draw).  All other costs associated with the Prize are the responsibility of the Prize Winner.

17. The Prize Winner will be notified by the Promoter on the following day of the giveaway, and no later than seven (7) days after the date of the Draw, via the contact details provided by the Prize Winner to enter the Promotion (for example, email or Instagram direct message).  The Prize Winner will be notified of how the Prize will be delivered and must nominate an address to which the Prize will be sent.

18. The Promoter reserves the right to request that the 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. If the Prize Winner cannot provide suitable proof in the timeframe reasonably required by the Promoter, that Prize Winner will forfeit the Prize and no substitute will be offered to that Winner. 

19. If the Promoter is unable to contact the Prize Winner to claim the Prize within seven (7) days of providing notification in accordance with clause 18, or the Prize Winner cannot provide suitable proof as required by clause ‎19, the Prize will be deemed forfeited.  It is the responsibility of all entrants to check and update, if necessary, their contact details (being the contact details used to enter the Promotion) to ensure that they receive any communications relating to the Promotion. The Promoter takes no responsibility where it is unable to contact Prize Winners who have not provided correct, complete or up-to-date contact details.

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, a representative of the Promoter will choose a replacement Prize Winner in accordance with clause ‎14.  The Promoter will notify the winner of the Re-Draw in accordance with clause ‎18.  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 Prize Winner will be announced at 10:00am AEDT on the following day of each giveaway via Instagram Stories (of the Promoter).

22. The Promoter's decision is final on all matters and no correspondence will be entered into.

Prize Conditions

23. If the Promoter is unable to supply the Prize (or any part thereof), the Promoter reserves the right to supply an alternative Prize (or part thereof) of similar or greater monetary value (subject to any contrary direction from a regulatory authority).

24. The Prize is not transferable and cannot be exchanged for cash.  The Promoter accepts no responsibility for any variation in the value of a Prize, or for any tax liabilities that may arise from winning a Prize.

25. The Promoter is not liable for any loss, damage or injury suffered, arising from or in connection with the Prize, any part of the Prize, including the delivery of it.

Other Terms

26. By entering the Promotion, Eligible Entrants:

a) agree to participate in the Promoter's marketing activities;

b) warrant that the Eligible Entry is their own original work and doesn’t infringe any third party right;

c) grant the Promoter (and the Promoter's related bodies corporate, agents, licensees and as-signs) a royalty-free, worldwide, perpetual, transferable and irrevocable licence to use, modify, adapt, publish and sublicense an Eligible Entry in any way; and

d) to the extent permitted by law, consent to the Promoter (and the Promoter's related bodies corporate, agents, licensees and assigns) using the Eligible Entrant's Eligible Entry in any manner, including in its marketing and promotional materials and otherwise in a way that may infringe any moral rights in an Eligible Entrant's Eligible Entry and the Eligible Entrant waives all moral rights in an Eligible Entry that may arise outside Australia.

27. By entering this Promotion on Instagram, Eligible Entrants:

a) agree to comply with the Instagram terms of use;

b) release the Instagram from all claims based on, related to or arising from the Promotion; and

c) acknowledge and agree that this promotion is in no way sponsored, endorsed, administered by or affiliated with Instagram.

28. The Promoter is not responsible for any loss, damage or injury to Eligible Entrants resulting from entering or participating in this Promotion, including arising from any comments made, or material published, by third parties about the Eligible Entrants on any social media platform, including Instagram, in connection with this Promotion.

29. The Promoter collects personal information about entrants to include entrants in the Promotion and, where applicable, award a Prize.  If the personal information requested is not provided, the entrant cannot participate in the Promotion.  By participating in the Promotion, each Eligible Entrant consents to disclosing their personal information to the Promoter and the Promoter using, storing and disclosing their personal information to the relevant regulatory authorities, the Promoter's related entities, the Promoters' agencies and other third parties engaged to provide services in connection with the Promotion (including KitchenAid) for the following purposes:

a) conducting the Promotion;

b) contacting the entrant in relation to the Promotion;

c) improving the Promoter's or the Promoter's related entities' goods and services;

d) in the Promoter's case, the purposes set out in its privacy policy (available at https://www.castlery.com/au/promo-terms), and in KitchenAid’s case, the purposes set out in its privacy policy at https://kitchenaid.com.au/pages/privacy-policy; or

e) as otherwise notified by the Promoter in writing.

30. Eligible Entrants provide this consent until such a time as they withdraw their consent by giving notice to the Promoter.  Eligible 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.

31. The Promoter will not be liable for any loss or damage whatsoever (including but not limited to indirect or consequential loss) 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.

32. Nothing in these Terms limits, excludes or modifies, 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 Australian Consumer Law or similar consumer protection laws in 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 including, but not limited to, where arising out of the following:

a) any technical difficulties or product malfunction (whether or not under the Promoter's control);

b) any theft, unauthorised access or third party interference;

c) any entry that is late, lost, altered, damaged or misdirected (whether or not after the receipt by the Promoter) due to interference;

d) any tax liability incurred by a claimant; or

e) the Prize or use of the Prize.

33. These Terms are governed by the laws of New South Wales. Eligible Entrants submit to the non-exclusive jurisdiction of the courts of New South Wales.

34. The Promoter may change these Terms from time to time, by posting the revised Terms (or a link to them) on the Promoter's Website.  Eligible Entrants should regularly check the Promoter's Website for any changes.  By submitting an Eligible Entry, Eligible Entrants are deemed to have accepted the version of these Terms that applies at that time.

35. If for any reason beyond the reasonable control of the Promoter this Promotion is not capable of being conducted as planned, the Promoter reserves the right in its sole discretion to take any action that may be available to it, and to cancel, terminate, modify or suspend the Promotion, unless to do so would be prohibited by law.

36. If you have any dispute or complaint relating to the Promotion, the Eligible Entrant must contact the Promoter at the details listed in clause ‎‎‎2 of these Terms in the first instance.  The Promoter will use its reasonable endeavours to respond to you within 21 business days to discuss a resolution in good faith.

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