1. Information on how to enter and prize details form part of these terms & conditions (Terms of
Entry). The Terms of Entry must be read in conjunction with the Schedule. The Schedule defines
the terminology used in these Terms of Entry. Where there is any inconsistency between these
1. Information on how to enter and prize details form part of these terms & conditions (Terms of
Entry). The Terms of Entry must be read in conjunction with the Schedule. The Schedule defines
the terminology used in these Terms of Entry. Where there is any inconsistency between these
Terms of Entry and the Schedule, the Schedule prevails. Participation in this Promotion is
deemed acceptance of these Terms of Entry.
2. Entry is open only to Australian and New Zealand residents. Entrants under 18 years old must
have parental/guardian approval to enter and further, the parent/guardian of the entrant must
read and consent to these Terms and Conditions. Parents/guardians may be required by the
Promoter to enter into a further agreement as evidence of consent to the minor entering this
promotion. Directors, officers, management, employees, suppliers (including prize suppliers) and
contractors (and the immediate families of directors, officers, management, employees, suppliers
and contractors) of the Promoter and of its related bodies corporate, and of the agencies and
companies associated with this Promotion, including the TPAL (Trade Promotions and Lotteries
Pty Ltd) are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse,
child or step-child (whether natural or by adoption), parent, step-parent, grandparent, stepgrandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
3. The Promotion will be conducted during the Promotional period.
4. The Prize/s are specified in the Details of prizes section of the Schedule.
5. The total prize pool is specified in the Total prize value section of the Schedule.
6. Any prize is valued in Australian dollars unless expressly stated to the contrary.
7. All zoo pass prizes are valid until the expiry date stated on the zoo pass or by the provider of the
zoo pass.
8. Entrants agree to comply with any conditions which accompany the zoo pass.
9. Entrants are advised that tax implications may arise from their prize winnings and they should
seek independent financial advice prior to acceptance of their prize(s). The Promoter accepts no
responsibility for any tax implications that may arise from accepting a prize. Entrants are
responsible for any and all expenses that they incur in entering the competition and they will not
be reimbursed regardless of whether or not they win the competition.
10. The entrants must follow the Method of entry during the Promotional period to enter the
Promotion. Failure to do so will result in an invalid entry. The Promoter will not advise an Entrant
if their entry is deemed invalid.
11. The time of entry will be deemed to be the time the entry is received by the Promoter.
12. Entrants may submit entries up to the Maximum number of entries (if applicable).
13. The Promoter accepts no responsibility for any late, lost, delayed, incomplete, indecipherable,
incorrectly submitted, corrupted, illegible or misdirected entries, claims or correspondence
whether due to omission, error, alteration, tampering, deletion, theft, destruction, disruption to any
communication network or medium, or otherwise including those entries not received by the
Promoter for any reason. The Promoter is not liable for any consequences of user error including
(without limitation) costs incurred.
14. The prize(s) will be awarded to the valid entrant(s) drawn randomly in accordance with the Prize
draw details. The Promoter may draw additional reserve entries (and record them in order). In the
event of an invalid entry or an ineligible entrant, or if the entrant is ineligible to accept the prize,
the prize will be awarded to the next reserve entry drawn. If the prize can’t be awarded to the next
reserve entrant drawn, the promoter will then continue this process until the prize is awarded.
15. The winner does not need to be present at the draw unless expressly stated to the contrary.
16. If a winner of a Minor Prize is under the age of 18 years, the prize will be awarded to the winner's
nominated parent or guardian on the winner’s behalf.
17. The winner(s) will be notified in accordance with the Notification of winners and Notification of
unclaimed prize winners (if applicable) sections of the Schedule. Notification to winners will be
deemed to have occurred on the later of the time the winner receives actual notification from the
Promoter or two business days thereafter. The notification will include details about how the
prize(s) can be claimed.
18. The Promoter takes no responsibility where it is unable to contact prize winners who have not
provided correct or complete contact details. If an entrant’s contact details change during the
promotional period, it is the entrant's responsibility to notify the Promoter. A request to modify any
entry information should be directed to Promoter.
19. It is a condition of accepting any prize that the winner must comply with all the conditions of use
of the prize and the prize supplier’s requirements. Any ancillary costs associated with redeeming
the family zoo pass prizes are not included. Each prize must be taken as stated and no
compensation will be payable if a winner is unable to use the prize as stated.
20. The winner(s) name and state/territory of residence will be published in accordance with the
Public announcement of winners section of the Schedule (if applicable).
21. If the prize(s) has not been claimed by the Unclaimed prize draw time and date and subject to
any written directions from a State lottery agency, the Promoter may conduct an Unclaimed prize
draw in accordance with the Unclaimed prize draw section of the Schedule (if applicable). In the
event the Unclaimed prize draw takes place, the Promoter will attempt to contact the winner(s) of
the Unclaimed prize draw in accordance with the Notification of unclaimed prize draw section of
the Schedule, and if applicable, the name and State/Territory of residency of any winner(s) of the
Unclaimed prize draw will be published in accordance with the section of the Schedule entitled
Public announcement of winners from unclaimed prize draw. If a prize is no longer available the
Promoter, in its discretion, may substitute the prize (or part of the prize) with a prize of higher or
equal value and/or specification subject to any written directions from a regulatory authority. The
promoter is not allowed to deduct any administrative costs associated with provision of the prize.
22. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or
modify the statutory consumer guarantees as provided under the Competition and Consumer Act,
as well as any other implied warranties under the ASIC Act or similar consumer protection laws in
the States and Territories of 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.
23. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees,
the Promoter (including its respective officers, employees and agents) is not responsible for and
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: (a) any technical difficulties or equipment malfunction (whether or not under the
Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or
prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by
the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation
in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a
winner or entrant; or (f) use of / taking of a prize.
24. The Promoter and its associated agencies and companies will not be liable for any delay,
damage, or loss in transit of prizes.
25. The Promoter may in its absolute discretion not accept a particular entry, may disqualify an entry,
or cancel the entire Promotion at any time without giving reasons and without liability to any
entrants, subject to any written directions from a regulatory authority. Without limiting this the
Promoter reserves the right to verify the validity of entries, prize claims and entrants and to
disqualify any entrant who the Promoter has reason to believe has breached these Terms of
Entry or who manipulates or tampers with the entry process, or engaged in any unlawful or other
improper misconduct calculated to jeopardise fair and proper conduct of the promotion. In the
event that a winner breaches these Terms of Entry, the winner will forfeit the prize in whole and
no substitute will be offered. Verification is at the discretion of the Promoter, whose decision is
final. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the
Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
The Promoter’s legal rights to recover damages or other compensation from such an offender are
reserved.
26. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole
discretion, to determine the identity of the entrant.
27. The Promoter’s decision is final and no correspondence will be entered into.
28. Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize (or
an element of the prize) at the time stipulated by the Promoter, then the prize (or that element of
the prize) will be forfeited.
29. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be
taken as cash, subject to any written directions from a regulatory authority. Where a prize is
unavailable for any reason, the Promoter may substitute the prize for another item of equal or
higher value subject to any written directions from a regulatory authority. The Promoter accepts
no responsibility for any variation in prize value (including between advertising of the Promotion
and receipt of the prize).
30. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they
are a winner (including photograph, film and/or recording of the same) in any media for an
unlimited period without remuneration for the purpose of promoting this promotion (including any
outcome), and promoting any products manufactured, distributed and/or supplied by the
Promoter.
31. In the case of the intervention of any outside act, agent or event which prevents or significantly
hinders the Promoter’s ability (or that of a third party involved with the Promotion) to proceed with
the Promotion on the dates and in the manner described in these Terms of Entry, including but
not limited to vandalism, natural disasters, acts of God, civil unrest, strike, war, act of terrorism,
the Promoter’s obligations in respect of the Promotion will be suspended for the duration of the
event and, in addition, the Promoter may in its absolute discretion disqualify any entrant, or
modify, suspend, terminate or cancel the promotion and recommence it from the start on the
same conditions, subject to approval of the relevant authorities.
32. Any cost associated with accessing the promotional website is the entrant’s responsibility and is
dependent on the Internet service provider used.
33. 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/votes
submitted by that entrant invalid.
34. All entries become the property of the Promoter. As a condition of entering into this Promotion,
entrants agree to assign all their rights in and to their entry and any related content to the
Promoter, including any copyright or other intellectual property rights in the entry and related
content. Without limiting this, the Promoter may use entry content for any and all purposes
including commercial purposes. You warrant that entry content is original, lawful and not
misleading and that the Promoter’s use of such content will not infringe the rights of any third
parties. The Promoter has no obligation to credit you as the author of any content submitted and
may otherwise do any acts or omissions which would otherwise constitute an infringement of any
moral rights you may have as an author of content.
35. Entrants consent to the Promoter using the personal information provided in connection with this
promotion for the purposes of facilitating the conduct of the promotion and awarding any prizes,
including to third parties involved in the promotion and any relevant authorities. In addition to any
use that may be outlined in the Promoter’s Privacy Policy, which can be viewed at
https://www.kinder.com/au/en/privacy-policy, the Promoter may, for an indefinite period, unless
otherwise advised, use the private information for promotional, marketing, publicity, research and
profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy
Policy also contains information about how entrants may opt out, access, update or correct their
PI, how entrants may complain about a breach of the Australian Privacy Principles or any other
applicable law and how those complaints will be dealt with. All entries become the property of the
Promoter. The Promoter may disclose entrants’ PI to entities outside of Australia – see Privacy
Policy for details.
36. The collection and disclosure of personal information provided in connection with this promotion
will be handled in accordance with the Promoter's Privacy statement which adheres to the
Privacy Act 1988 (cth) and Australian Privacy Principles.
37. Facebook, YouTube, Instagram, or Snapchat may be used to advertise or promote the
Promotion. By entering the Promotion, entrants agree that the Promotion is in no way sponsored,
endorsed or administered by, or associated with Facebook, YouTube, Instagram, or Snapchat;
and to release Facebook, YouTube, Instagram, or Snapchat from all liability in relation to this
Promotion. Any questions, comments or complaints regarding the Promotion should be directed
to the Promoter and not Facebook, YouTube, Instagram, or Snapchat.
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