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 28/02/2017 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 01/03/2016 and closes 28/02/2017 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:
8/04/2016, 13/05/2016, 10/06/2016, 8/07/2016, 12/08/2016, 9/09/2016, 14/10/2016, 11/11/2016, 9/12/2016, 13/01/2017, 10/02/2017, 10/03/2017,
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 4, 415 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 8/04/2016 1 X $500, 3 X $100 and 34 X $50 GiftPay eGift Cards 2 13/05/2016 1 X $500, 3 X $100 and 34 X $50 GiftPay eGift Cards 3 10/06/2016 1 X $500, 3 X $100 and 34 X $50 GiftPay eGift Cards 4 8/07/2016 1 X $500, 3 X $100 and 34 X $50 GiftPay eGift Cards 5 12/08/2016 1 X $500, 3 X $100 and 34 X $50 GiftPay eGift Cards 6 9/09/2016 1 X $500, 3 X $100 and 34 X $50 GiftPay eGift Cards 7 14/10/2016 1 X $500, 3 X $100 and 34 X $50 GiftPay eGift Cards 8 11/11/2016 1 X $500, 3 X $100 and 34 X $50 GiftPay eGift Cards 9 9/12/2016 1 X $500, 3 X $100 and 34 X $50 GiftPay eGift Cards 10 13/01/2017 1 X $500, 3 X $100 and 34 X $50 GiftPay eGift Cards 11 10/02/2017 1 X $500, 3 X $100 and 34 X $50 GiftPay eGift Cards 12 10/03/2017 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 11/04/2016 2 16/05/2016 3 13/06/2016 4 11/07/2016 5 15/08/2016 6 12/09/2016 7 17/10/2016 8 14/11/2016 9 12/12/2016 10 16/01/2017 11 13/02/2017 12 13/03/2017
- 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.
- 11. 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.
12. 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 8/04/2016 16/08/2016 2 13/05/2016 20/09/2016 3 10/06/2016 18/10/2016 4 8/07/2016 15/11/2016 5 12/08/2016 20/12/2016 6 9/09/2016 17/01/2017 7 14/10/2016 21/01/2017 8 11/11/2016 21/02/2017 9 9/12/2016 18/04/2017 10 13/01/2017 23/05/2017 11 10/02/2017 20/06/2017 12 10/03/2017 18/07/2017
- 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 4, 415 Bourke St, Melbourne, VIC 3000
- Authorised under NSW Permit No.LTPS/16/00646; ACT Permit No. TP 16/00172; SA Permit No. T16/145
Terms and Conditions
Coles Circle Dinner Tonight Competition
- Information on how to enter forms part of the terms of entry. Entry into the competition is deemed acceptance of these terms and conditions
- Entry is open to all residents of Australia who are 18 or over the age of 18 and are members of Coles Circle ('Entrant'). However, employees of Coles (and their immediate and its associated agencies and companies are not eligible to enter. Immediate family member 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, nephew, brother, sister, step-brother, step-sister or 1st cousin.
The competition will commence 29th July 2016 and conclude on 11:59 PM AEST 7th August 2016 ('Promotional Period').
To enter, the Entrant must answer the question in 25 words or fewer and upload an image to the "Dinner Tonight" conversation thread, "What have you made for dinner tonight? Post a photo of your home cooked meal and tell us what it is. The team at Coles Circle will choose their favourite answer and the winner receives a $20 eGift card! For competition T&Cs please visit https://www.colescircle.com.au/Respondent#/Terms
- Any cost associated with accessing the online entry form is the Entrant's responsibility and is dependent on the internet service provider used.
- Incomplete, indecipherable, or illegible entries will be deemed invalid.
- Entries into the competition (including the winner's) are limited to one (1) entry per person per during the Promotional Period.
- Entrants must be 18 years or older.
- This is a game of skill and chance plays no part in determining the winner. Each entry will be individually judged based on creative merit. The judge's decision for a winning entry will be final and no correspondence will be entered into. All entries become the property of Coles and cannot be returned.
- All entries submitted during the Promotional Period will be reviewed and judged, with the best one (1) valid entry as determined by the judges winning one (1) $20 Giftpay eGift card. A change in the value of the prize between the publishing date and the date the prize is claimed is not the responsibility of Coles.
- Entry close date is the last day of the promotion period. Prize winners will be notified by email or telephone within 7 days of entry close date.
- Entries may be published in internal Coles publications, including but not limited to the Coles intranet, at the discretion of Coles. Personal details of an entrant will not be published without permission of that entrant.
- Coles reserves the right to verify the validity of entries and to disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these Terms & Conditions of Entry or who has, in the opinion of Coles, 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 Coles. Coles reserves the right to disqualify a winner if Coles becomes aware that the winners and/or the winner's entry is of a type described in this clause. Failure by Coles to enforce any of its rights at any stage does not constitute a waiver of those rights.
- Each prize (1 per winner): 1 x $20 Giftpay eGift card. Total prize value $20 for the Promotional Period.
- Prizes are not transferable or exchangeable and are not redeemable for cash.
- Should an entrant's contact details change during the promotional period, it is the entrant's responsibility to notify Coles. A request to access or modify any information provided in an entry should be directed to Coles. Prize will be sent via registered mail to the confirmed address of winner, and we accept no responsibility for the item once it has left our building.
- 16. In the event of a prize not being accepted or claimed by the declared Prize winner within 3 months of notification given, the unclaimed prize winner's entry will be deemed invalid and the Promoter reserves the right to declare an alternate winner as the next best valid entry, as determined by the judges as necessary to distribute the prize. The winners of unclaimed prizes will be notified by email or telephone within 7 days of declaration of alternate winner and will have 3 months from this date to claim their prize
- If this 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 Coles, Coles reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any Entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
- Coles makes no express representations or warranties as to the quality/suitability/merchantability of the prize. Coles takes no responsibility in regard to the condition and/or fitness of the prize.
- Coles, its contractors, employees and agents, shall not be liable for any claims, losses, damages, injuries, costs and expenses suffered, sustained or incurred (including but not limited to indirect or consequential loss) as a result of, arising out of or in any way connected with the promotion and/or its prizes, except for liability that cannot be excluded by law. Tax implications may arise from the receipt or use of a prize. Independent financial advice should be sought by the winner.
- Coles and its 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.
- All entries become the property of Coles. Coles collects personal information about you to enable you to participate in this promotion, and may for this purpose, disclose such information to third parties, including but not limited to agents contactors and prize suppliers. Coles may use this personal information, for an indefinite period and unless otherwise advised, for internal purposes including but not limited to research, profiling, analysis, training and systems improvement. Entrants should direct any complaints, requests to access, update or correct information to Coles. Coles will comply with its Privacy Statement in handling personal information. A copy of this statement is available online at - https://www.coles.com.au/privacy
- The Promoter is Coles Supermarkets Australia Pty Ltd ABN 45 004 189 708 (Coles) 800 Toorak Road Hawthorn East VIC 3123.