NPS SURVEY TERMS & CONDITIONS

1. The Promoter is KitchenAid Australia Pty Ltd (ABN 50 601 363 419) of 6-8 Billbrooke Close, Cameron Park, NSW 2285, Australia, telephone (02) 4902 6500. A reference to the Promoter includes the Promoter’s agent for this promotion, Conversion Kings Pty Ltd (ABN 98 168 175 273).
2. Information on how to enter and prizes forms part of the terms and conditions of entry (Terms and Conditions). Entry into the competition is deemed acceptance of these Terms and Conditions.
3. If there is any inconsistency between these Terms and Conditions and anything else that refers to this competition, these Terms and Conditions will prevail.

4. Entry is open to all residents of Australia aged 18 years and over, excluding:
   1. management, employees, directors and contractors of the Promoter, its related entities, and other agencies, firms or companies associated with the Promotion;
   2. a spouse, de-facto spouse, parent, guardian, child, sibling or other immediate family member of a person referred to in paragraph 4.a of these Terms;
   3. persons who have used or attempted to use any more than one name in order to qualify to win a promotion run by or on behalf of the Promoter (except in the case of a legal change of name); and
   4. persons who have breached the terms and conditions of any promotion run by or on behalf of the Promoter.
5. The Promoter reserves the right to request winners to provide proof of identity, proof of residency at the nominated prize delivery address and/or proof of entry validity or proof of registration ownership in order to claim a prize. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter.

6. The competition commences on March 3rd, 2023 at 4pm AEDT and concludes on March 15, 2023 at 11:59pm AEDT. Entries must be received by the Promoter prior to the competition close date and time.
7. The time of entry will in each case be the time the online entry is received by the Promoter’s database, not at the time of transmission by the entrant.
8. The Promoter accepts no responsibility for any late, lost or misdirected entries.

The Promoter reserves the right to disqualify a winner if the Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause.

9. Entrants may enter the competition by completing the online survey available at https://www.surveymonkey.com/r/KitchenAid and submitting their details including (but not limited to) full name, post code, telephone number and e-mail address to complete their entry.
10. Entrants are required to take full responsibility for the content of their entry and for ensuring that their entry complies with these Terms and Conditions. For the purposes of these content requirements, “entry content” includes any content (including text, photos, videos and email messages) that entrants submit, upload, transmit, publish, communicate or use in connection with their entry into the Promotion. Entries must be the entrant’s original work. The Promoter reserves the right to verify, or to require the entrant to verify, that the entry is the entrant’s original work. If an entry cannot be verified to the Promoter’s satisfaction, the entry will be deemed invalid. The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any part of an entrant’s entry. An entrant’s entry must not include:
    1. any content that contravenes any law, infringes the rights of any person or is potentially insulting, inflammatory, defamatory, obscene, offensive, discriminatory, indecent or otherwise objectionable or inappropriate (which includes, without limitation, any content involving nudity, malice, excessive violence or swearing).
11. Any entry that is made on behalf of an entrant by a third party will be invalid, unless the entrant requires the assistance of a third party to enter due to a disability.
12. The Promoter reserves the right to disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these Terms and Conditions or who has, in the opinion of Promoter, engaged in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or Promoter. This includes, but not limited, to entrants and households using multiple email addresses, postal addresses, PO Box addresses or SIM cards to register single or multiple purchases.

13. Entrants may enter as many times as they like but only one prize will be awarded per person.

14. The winner will be the first valid entry submitted in accordance with these terms and conditions that is drawn by the Promoter by random computer selection at 10am on March 16th, 2023 at 85 Lewis Street, Woolloongabba, QLD 4102 (Draw Location).
15. The Promoter’s decision is final and the Promoter will not enter into correspondence regarding the competition result or any other decisions the Promoter makes in connection with the Promotion.
16. The winners will be notified by email on March 16th 2023 and their names will be published on the KitchenAid website within 30 days of the draw.
17. Prizes will be awarded to the person named in the entry. However, in the event of a dispute, a prize will be awarded to the account holder of the entry mechanism used to submit their entry (i.e. mobile phone account holder or land line account holder).
18. Should an entrant’s contact details change during the promotional period, it is the entrant's responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.

19. Total prize pool value is $100 (including GST). Two winners will receive a $50 Mastercard gift card each.
20. Independent financial advice should be sought as tax implications may arise as a result of accepting the prize.
21. Prizes cannot be transferred, exchanged or redeemed for cash.
22. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements. It is the responsibility of the winner to confirm such conditions with the prize supplier or other relevant third parties.
23. All entrants agree that if they win the prize, they will not, and their companions will not, sell or otherwise provide their story and/or photographs to any media or other organisation, including the internet. Photographs will be allowed only at the discretion of the Promoter.
24. Gift vouchers are subject to the terms and conditions imposed by the gift card provider. Once awarded, the Promoter is not liable for any voucher that has been lost, stolen, forged, damaged or tampered with in any way.

25. If the Promoter is unable to contact any of the winners to claim a prize within seven (7) days of providing notification, or any of the winners cannot provide suitable proof as required by clause 5, the Promoter reserves the right to deem the prize forfeited.
26. If, despite the Promoter's reasonable efforts, a winner has not been able to be contacted within three (3) months of the Draw, or the winner cannot provide suitable proof as required by clause 5, a further computerised random re-draw for that prize will take place (Re-Draw) at the Draw Location. The Re-Draw winner will be notified by email within two (2) days after the Re-Draw. The Re-Draw winners’ names will be published on the KitchenAid websiite within two (2) days of the date of the Re-Draw.
27. If the Promoter is unable to contact a winner of a Re-Draw to claim a prize within seven (7) days of providing notification, or any of the Re-Draw prize winners cannot provide suitable proof as required by clause 5, further re-draws for the applicable prize will take place from time to time at the Draw Location (Subsequent Re-Draws) until the applicable prize is claimed by an eligible winner of any Subsequent Re-Draw.
28. The Promoter shall not be liable for any prize that may be lost, stolen, forged, damaged or tampered with in any way before it reaches the winners.

29. Subject to complying with all relevant State and Territory legislation, the Promoter reserves the right to amend, 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 the competition. The Promoter will disqualify any individual who has tampered with the entry process or any other aspect of this competition.
30. The Promoter and their associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available.
31. If for any reason this competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the competition, subject to any direction given under State Regulation.
32. Entrants are responsible for any cost associated with accessing the promotional website. Access to that site is dependent on the Internet service provider.
33. If an entrant uses any form of software or third party application to enter multiple times (including scripting software), organises for a third party to enter on their behalf in breach of these terms and conditions or enters using incorrect contact details, his or her entry will be deemed invalid. If such an entrant wins a prize, the entrant must immediately return the prize to the Promoter. The Promoter has sole discretion to determine whether an entrant has breached this clause. The Promoter reserves the right to request whatever documentation it deems necessary to confirm whether an entrant has breached this clause. Entrants must provide whatever documents the Promoter requires upon request.
34. If the 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 and Territory legislation. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
35. The Promoter will make reasonable efforts to deliver prizes to the addresses provided by competition entrants. If a prize is returned to the Promoter because it could not be delivered to the address provided, the Promoter cannot guarantee that it will be able to resend the prize to the prize winner. The Promoter and its associated agencies and companies will not be liable for any damage to or delay in transit of prizes.

36. Each entrant hereby assigns to the Promoter all right, title and interest in and to all copyright and all moral rights in any material created or otherwise submitted to the Promoter in connection with that entrant’s entry or participation in any aspect of the prize (Works). Each entrant warrants that the Promoter is free to use the Works (including modifying, adapting or publishing the entry, whether in original or modified form, in whole or in part or not at all) and to exercise its rights in relation thereto and neither the entrant nor any third party will be entitled to any fee for such use.
37. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the competition on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the competition and recommence it from the start on the same conditions, subject to any directions given under State Regulation.
38. The Promoter does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) which cannot be excluded, restricted or modified. However, the remainder of this clause will apply to the fullest extent permitted by law and the Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law. The Promoter is not responsible for any incorrect or inaccurate information, either caused by entrant or for any of the equipment or programming associated with or utilised in this competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.
39. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
40. All entries become the property of the Promoter. The Promoter collects personal information about you for the purposes of conducting this promotion. Any disclosure of such information will be made as required by law and in accordance with these terms and conditions but no further use of this information will be made without prior consent.
41. The Promoter collects information about you, including for example your name and contact details which you provide when registering or using our services as well as information from other sources. We collect and use that information to provide you with our goods and services and to promote and improve our goods and services. We may share your information with our related companies and any of us may be in contact for those purposes (including by email and SMS). We may also use your information as described when we collect information from you. If you do not provide us with requested information we may not be able to provide you with the goods and services you require. We disclose your information to our related companies, service and content providers located in Australia. Where you have entered a competition, we may disclose your personal information to authorities if you are a prize winner or otherwise as required by law. The Promoter’s privacy policy can be viewed at here. To request access to, or to update, personal information the Promoter holds about them, entrants can contact the KitchenAid Privacy Officer directly at privacy@kitchenaid.com.au.