Terms and Conditions
Coles Circle Terms and Conditions
Welcome to the Coles Circle website ("website") which is operated by Evolve Research and Consulting Pty Ltd for and on behalf of Coles Supermarkets Australia Pty Ltd ("us", "we", "our"). Use of the website is conditional upon the Coles Circle member ("member", "you") agreeing to these terms and conditions. By choosing "I accept the terms and conditions" when logging on to the website you are deemed to have accepted these terms and conditions. If you do not agree, choose "I do not accept" and login access will be denied. Please take a moment to review these terms and conditions which governs your use of the website.
Visitors to the website may become members by accepting these terms and conditions. By clicking "I accept the terms and conditions" you agree to be bound by these terms and conditions when you use the website.
To the extent that you become a member by registering and clicking "I agree to the terms and conditions" you acknowledge, warrant and represent that:
- you are at least 18 years old;
- you will provide us with accurate, complete and current information;
- you have accepted these terms and conditions as a result of your due diligence and assessment and have not relied on any representations made by us;
- you have and maintain the power and authority necessary for you to accept these terms and conditions;
- you will not create more than one member account that represents you;
- the information provided by you on the website will not infringe the intellectual property of any third party or defame the reputation of any third party;
- as an active member you will meet the Minimum Participation Level as may be outlined on The Coles Circle website from time to time;
- you have accepted these terms and conditions on the understanding that we, in our sole discretion, choose when you become an active member;
- we have sole discretion in relation to the numbers and types of members that are active at any given time including but not limited to when a member enters or exits the Coles Circle; and
- we at our sole discretion reserve the right to terminate your membership for any reason.
Ownership of website content
You acknowledge that all content published on the website resulting from your participation, including but not limited to, written content, comments, opinions, compliments, messages, symbols, graphics, images, logos, posted by members or otherwise made available by members is owned by us or third parties with whom we have contracted, and is protected by Australian and international copyright and other laws.
You acknowledge and agree that you are solely responsible for all materials contributed during the course of your membership, including but not limited to, written content, comments, opinions, compliments, messages, ratings, reviews, symbols, graphics, images or logos.
You acknowledge and accept that you must not post, upload nor transmit content that infringes or otherwise violates any copyright, trademark, trade secret, privacy right or any other intellectual property (past, present and future) or proprietary or legal right of any other party.
You acknowledge and agree not to post or upload any content that:
- transmits viruses or any other technologies that may harm us, a member or any user of the website;
- compromises the security of the network or website;
- interferes with the proper working of the website;
- distributes spam or unsolicited electronic communications; or
- in any manner transmits unlawful, threatening, harassing, abusive, false, inaccurate, misleading, defamatory, obscene, vulgar, profane, objectionable, indecent or offensive information.
You acknowledge and agree that we at our sole discretion reserve the right to review, edit and delete any member content in whole or in part.
The website and its underlying content, including but not limited to, its design, name, logos, interface and software technology is owned by Coles Supermarkets Australia Pty Ltd or, a related third party. Data generated by the website as a result of your participation is owned by us or third parties with whom we have contracted, and is protected by Australian and international copyright and other laws.
All improvements to the website will be owned by us (or related third parties of us or approved by us including licensees or licensors), and all intellectual property rights in the improvements will vest in us. We are entitled to all benefits associated with the improvements including benefits which arise from the commercialisation or exploitation of the website and the content and associated intellectual property rights and/or the improvements.
The website uses proprietary software owned or licensed by us, or a related third party. You are being granted an individual, limited, non-exclusive, non-transferable licence or right to use the software subject to these terms and conditions. You are expressly prohibited, directly or indirectly, from attempting to discover the source code or reverse engineer underlying algorithms, or technology of the software; renting, leasing, selling, assigning, or transferring rights to the software; modifying or making derivative works based on the software; or using the software in any service or sharing capacity.
Limitation of liability
We are not liable for the following:
- any claims, threats, actions, losses, consequential losses, liabilities, costs, expenses (including, without limitation, legal expenses on a full indemnity basis or loss or inaccuracy of data, revenue or profits), damages and taxes that may be suffered or incurred by you, directly or indirectly, in connection with use of the website except to the extent that the loss is directly attributable to the negligence or wrongful act or omission of us;
- loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the website;
- lost data, overwritten data, or faults or omissions in data collected, collated, or otherwise dealt with in connection with the website;
- misuse or misapplication of the website;
- your failure to comply with any of your member obligations;
- your failure to check that the website is working properly having regard to your particular use of the website;
- your use of, reliance on or analysis of the content on website; or
- decisions you make using or based on the website.
Disclaimer of warranties
We expressly disclaim all warranties, representations, endorsements or guarantees (express or implied) regarding the website and the content on the website including without limitation, any warranties with respect to any results that may be obtained from the use of the website.
We do not expressly or impliedly, warrant or guarantee or give any undertaking or representation as to the following:
- that the website is free of infection by viruses or other contaminating or destructive characteristics;
- that the website or features or functions of the website, methods of communication or transmission, or your access to the website will be uninterrupted, or error free, or virus free;
- rectification of any defect; or
- continuous or secure access to the website.
We are not responsible for any content, postings, uploads, reviews or comments made by any member. We do not endorse any content, postings, uploads, reviews or comments made by any member.
You release and indemnify us in respect of and against any claims, demands, threats, actions, losses, liabilities, costs, expenses (including, without limitation, legal expenses on a full indemnity basis), damages, account of profits and taxes that may be suffered or incurred by use, directly or indirectly, in connection with:
- infringement by you of any law or the rights (including intellectual property rights) of us or a third party;
- actual or alleged breach of these terms and conditions by you;
- disputes between you and a third party; or
- third party charges payable by us as a result of your conduct
Each indemnity and release in these terms and conditions is a continuing obligation and will survive termination of these terms and conditions.
Publicity and promotion
Except as required by law, all press releases and other public announcements proposed by you relating to the transactions and arrangements dealt with by these terms and conditions must be in terms agreed to in writing by us (before the publication or announcement).
You acknowledge that any benefit (including rewards) awarded to you is at our sole discretion and may change from time to time.
These terms and conditions comprise the entire agreement and understanding between you and us and supersedes any prior agreement or understanding.
The laws of Victoria, Australia, govern these terms and conditions and you and we submit to the exclusive jurisdiction of the Victorian courts.
Terms and Conditions
'Coles Circle' Competition
How to Enter
1. To be eligible, you must be a participating member of the Coles Circle Community. You must also meet the minimum monthly point thresholds as outlined on the Coles Circle Website. To participate in the Coles Circle Community, you must complete activities. Activities within Coles Circle have an associated points value depending on the type of activity. Each point you earn grants you an entry into the prize draw.
2. An unlimited number of entries are granted as long as you meet the minimum point threshold for each entry as outlined on the Coles Circle Website.
Entries close 28/02/2019 at 11.59pm (AEDT)
For details concerning your personal information see condition 3.
CONDITIONS OF ENTRY
Information on how to enter and prizes forms part of these terms and conditions. Entry into this competition is deemed to be an acceptance of these terms and conditions.
- To enter, you must be a participating member of the Coles Circle Community for the duration of the promotional period. Employees of the Promoter and the agencies associated with this competition and their immediate families are not eligible to enter.
- Contestants must be over 18 to be eligible to enter this competition.
- Competition commences 9.00am AEDT 01/03/2018 and closes 28/02/2019 at 11.59pm AEDT (Promotional Period). Entries are deemed received at the time of receipt by the Promoter in its promotional database and not at the time of transmission by the entrant.
The competition includes 12 separate prize draws to be conducted on the following dates: 6/04/2018,
11/05/2018, 8/06/2018, 6/07/2018, 10/08/2018, 14/09/2018, 12/10/2018, 9/11/2018, 14/12/2018, 11/01/2019,
8/02/2019, 8/03/2019, Only entries received in the preceding calendar month will be included in each draw.
Each draw will take place at 2pm (Melbourne time) at Evolve Research and Consulting, Level 2, 405 Little Bourke St, Melbourne VIC 3000.
In each of the 12 prize draws the first valid entry drawn will win a $500 GiftPay eGift Card,
the next 3 valid entries drawn will each win a $100 GiftPay eGift Card and the next 34 valid entries drawn will each win a $50 GiftPay eGift Card.
Total prize pool per month: of 38 prizes. Please see www.giftpay.com for separate terms and
conditions applicable to GiftPay eGift Cards.
Monthly Draw No Date of Draw Prize 1 6/04/2018 1 X $500, 3 X $100 and 34 X $50 GiftPay eGift Cards 2 11/05/2018 1 X $500, 3 X $100 and 34 X $50 GiftPay eGift Cards 3 8/06/2018 1 X $500, 3 X $100 and 34 X $50 GiftPay eGift Cards 4 6/07/2018 1 X $500, 3 X $100 and 34 X $50 GiftPay eGift Cards 5 10/08/2018 1 X $500, 3 X $100 and 34 X $50 GiftPay eGift Cards 6 14/09/2018 1 X $500, 3 X $100 and 34 X $50 GiftPay eGift Cards 7 12/10/2018 1 X $500, 3 X $100 and 34 X $50 GiftPay eGift Cards 8 9/11/2018 1 X $500, 3 X $100 and 34 X $50 GiftPay eGift Cards 9 14/12/2018 1 X $500, 3 X $100 and 34 X $50 GiftPay eGift Cards 10 11/01/2019 1 X $500, 3 X $100 and 34 X $50 GiftPay eGift Cards 11 8/02/2019 1 X $500, 3 X $100 and 34 X $50 GiftPay eGift Cards 12 8/03/2019 1 X $500, 3 X $100 and 34 X $50 GiftPay eGift Cards
Winners of each draw will be notified by telephone and/or in writing by email within two business days
of the draw and will then have their Name and State of residence posted on the Coles Circle Website www.colescircle.com.au
Monthly Draw No. Publish on Webpage 1 9/04/2018 2 14/05/2018 3 12/06/2018 4 9/07/2018 5 13/08/2018 6 17/09/2018 7 15/10/2018 8 12/11/2018 9 17/12/2018 10 14/01/2019 11 11/02/2019 12 11/03/2019
- Any costs associated with accessing the website is the entrant’s responsibility and is dependent on the Internet service provider used.
- Total prize pool: 456 prizes. Maximum total value of prize pool is AUD$30,000.
- Prizes are not transferable or exchangeable and cannot be taken as cash. The promoter’s decision is final and no correspondence will be entered into.
- If a winning entry is deemed not to comply with these conditions of entry, the entry will be discarded and a new winner of that prize will be determined by drawing a further valid entry. The judges' decision is final and no correspondence will be entered into.
- The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
In the event of a prize not being accepted or claimed within 3 months of the monthly prize draw,
the relevant prize winner's entry will be deemed invalid and the Promoter reserves the right to conduct such further draws
90 business days after the close of the unclaimed monthly prize draw period at 2pm (Melbourne time) at same location
as the original draws as are necessary to distribute the prize, subject to any written directions given by any relevant authority.
Winners of unclaimed prizes will be notified via email and have their name and state/territory of residence only
published on the Coles Circle Website 92 business days after the close of the unclaimed prize draw period. By entering this Promotion,
each entrant requests that his or her phone number and email address details not be published.
Monthly Draw No. Redraw Date Republish Date 1 10/08/2018 13/08/2018 2 14/09/2018 17/09/2018 3 12/10/2018 15/10/2018 4 9/11/2018 12/11/2018 5 14/12/2018 17/12/2018 6 11/01/2019 14/01/2019 7 8/02/2019 11/02/2019 8 8/03/2019 11/03/2019 9 12/04/2019 15/04/2019 10 10/05/2019 13/05/2019 11 14/06/2019 17/06/2019 12 12/07/2019 15/07/2019
- The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. Where the operation of this Promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to follow the Australian Taxation Office's stated view that where the parties are at arm's length, goods and services exchanged are of equal GST inclusive market values.
- The Promoter may require prize winners to provide proof of identity, proof of age and proof of residency at the nominated delivery address. Identification considered suitable for verification is at the Promoter's discretion.
- The Promoter accepts no responsibility for any incorrect, ineligible, invalid, late, lost or misdirected entries or for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, technical problems or traffic congestions on the Internet or at any website, or any combination thereof, including but not limited to, any injury or damage to participants or any other person’s computer related to or resulting from participation in or downloading any materials in this competition. The Promoter is not liable for any consequence of user error including (without limitation) any costs incurred.
- The Promoter, its associated agencies and companies and the agencies and companies associated with this promotion will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence) in connection with this Promotion or accepting or using a prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
- The Promoter may, in its sole discretion, disqualify all entries from, and prohibit further participation in this Promotion by, any person who tampers with or benefits from any tampering with the entry process or with the operation of the Promotion or acts in violation of these conditions, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.
- If for any reason any aspect of this Promotion is not capable of running as planned, including, but not limited to, infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion, or invalidate any affected entries, subject to the approval of the gaming authorities in each state and territory, where required.
- To the extent permitted by law, the Promoter will not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for personal injury which is suffered or sustained, as a result of taking a prize.
- The Promoter is The Trustee for Evolve Research and Consulting Unit Trust ABN 42 378 606 768 of Level 2, 405 Little Bourke St, Melbourne, VIC 3000
- Authorised under NSW Permit No.LTPS/18/22070; ACT Permit No. TP 18/00300; SA Permit No. T18/257