Win a trip for 2 to Los Angeles + $5,000 spending money!

Special K 2018 Fitness Challenge Terms and Conditions – Game of Chance
General
1) Terms and Condition of the Special K 2018 Fitness Challenge ("Promotion").
2) Information on how to enter and prizes form part of the Terms and Conditions. Entry into this competition deems acceptance of these Terms and Conditions.
3) To the extent of any inconsistency between these Terms and Conditions and any other reference to this competition, these Terms and Conditions prevail.
4) The Promoter is Kellogg (Aust.) Pty Ltd (ABN 30 004 110 105) of 41-51 Wentworth Avenue, Pagewood NSW 2035 ('Promoter').
5) The Promoter’s agent is Trade Promotions and Lotteries Pty Ltd (ACN 601 297 330) at Level 2 / 11 York Street, Sydney NSW 2000, who are accredited to perform electronic random draws (approval number 1224).
Who can enter
6) Subject to clause 4, entry is open to all residents of Australia, who are over the age of 18, as of the date of entry, and who have fulfilled the requirements set out below (‘Entrant').
7) The Entrant acknowledges that there may be risks involved in entering this Promotion or participating in the Prize, and that if they choose to participate they do so at their own risk. The Promoter will not be liable for any injuries suffered by an Entrant during the Promotional Period. Please ensure you consult with a health care professional before entering this Promotion. The Entrant acknowledges that a reasonable level of health and fitness is be required to participate in this Promotion.
8) Employees, and their immediate families, of the Promoter, associated agencies and companies, contractors or individuals are not eligible to enter this competition. Immediate family means any of the following: spouse, ex-spouse, defacto 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. Moana Hope and Darcy Vescio, and their immediate families, are not eligible to enter this competition.
How to enter
9) In order to enter the draw, the Entrant must, during the Promotional Period:
a) Visit www.kelloggs.com.au/2018 and create an account on the platform, accepting platform’s terms and conditions and privacy policy (or, if the Entrant already has an account, sign into their account);
b) Connect a compatible activity tracker or app. This will require the entrant to authorise the provider of their chosen device or app via their authentication process.
c) Enter their full name and email address ("Personal Information");
d) Select a team; and
e) Read and accept the Promoter’s terms and conditions;
f) Run/walk at least one kilometre using the nominated device or app during the Promotional Period.
10) Once registered, one entry will be put into the draw for each kilometre the Entrant’s tracking device measures within the Promotional Period (subject to the additional entry methods, outlined below). The number of kilometres walked or ran by Entrants during the Promotional Period will be collected or calculated (Tracking Information). The chosen tracker or app must be synchronised to be accessible for recognition.
11) An Entrant can obtain additional entries through three other methods:
a) Via a unique URL made available to the Entrant after successfully entering the details on the www.kelloggs.com.au/2018. The Entrant can share that unique URL with any person that meets the requirements of section 3 and has not yet entered the Promotion ("Eligible Participator"). For every Eligible Participator that obtains completes the registration process specified at paragraph 9(a)-(e) by using the unique URL link the Entrant shared, the Entrant receives an addition 20 additional entries into the draw. There is no limit on how many Eligible Participants the Entrant can invite to gain additional entries.
b) For every kilometre an Entrant’s device records in the period starting 13 January 2018 and ending at 14 January 2018, the Entrant obtains two entries into the draw.
c) If an Entrant registered a minimum of three days before 22 January 2018, the Entrant will be offered the opportunity to beat their "Personal Best". Personal Best means the Entrant’s day logged during the Promotional Period with the most kilometres. The Entrant will be notified of the specific details of their Personal Best via an email on 22 January 2018. In the period start 22 January 2018 and ending 28 January 2018, if an Entrant beats their Personal Best by recording a number of kilometre in one day that is greater than their Personal Best, the Entrant will receive 50 entries into the draw.
12) Entrants must provide all Personal Information and accept the Promoter’s terms and conditions in order to enter this Promotion. Entrants which have not provided all Personal Information or have not accepted the Promoter’s terms and conditions will be deemed invalid and ineligible to go into the draw to win the Prize.
13) The Promoter reserves the right, in its sole discretion, to reject any entries which do not comply with these Terms and Conditions and will not provide any reasons for rejection. Entries that do not comply with these Terms and Conditions will be deemed invalid and are not eligible to go into the draw to win the Prize.
14) This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Facebook membership and the use of Facebook generally are subject to the Facebook prevailing terms and conditions of use available at www.facebook.com. Entrants understand that they are providing their information to the Promoter and not to Facebook. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other internet users via Facebook. To the extent permitted by law, each Entrant agrees to indemnify, defend and forever hold harmless, Facebook and its associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by an Entrant in respect of the Entrant’s participation in the promotion. Any questions, comments or complaints about this Promotion must be directed to the Promoter and not to Facebook.
15) When Entrants sign up, they pick a team. Each team is led by a representative from the Women’s Australia Football League Women and each team also represents a charity. The charity that is associated with the winning team will receive a $5,000 donation from the Promoter. The charities are Maddie Riewoldt’s Vision and Leukaemia Foundation. Both charities have given permission to be associated with this Promotion. The mechanic to calculate the team winner, and therefore which charity receives the donation, is to calculate the daily average km of the team leader plus weighted daily average km of their team. The team with the highest score from this calculation wins, and the team’s chosen charity will receive $5,000. The donation will be made under the Promoter’s name within a reasonable time after the end of the Promotion.
When to Enter and Prize Draw
16) The Promotion Period commences at 12am AEDT on 1 January 2018 and closes at 11.29pm AEDT on 31 January 2018. (‘Promotion Period’). All valid entries received during the Promotional Period, will go into the draw to win the Prize.
17) This is a game of chance. The winner will be chosen on 6 February 2018 at 10.00am using an approved drawing system ("Prize Draw"). The Prize Draw will be conducted by the Promoter’s agent, at Level 2 / 11 York Street, Sydney NSW 2000. Entrants are not required to be present at the Prize Draw. The Promoter’s agent 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 for any reason whatsoever, the prize will be awarded to the first reserve entry drawn. If the prize can’t be awarded to the Entrant drawn, the promoter will then continue this process until the prize is awarded.
18) The Entrant that is picked at the Prize Draw and meets the Terms and Conditions will be the Prize Winner. The Entrant will be notified via email within two business days of the draw.
19) If the Prize is still unclaimed on 1 May 2018 a draw for any unclaimed Prizes may take place at Level 2 / 11 York Street, Sydney NSW 2000, subject to any directions from a regulatory authority (‘Unclaimed Prize Draw’). Entrants are not required to be present at the Secondary Draw. The Entrant that is picked from the Unclaimed Prize Draw will be notified via email within two business days of the draw.
20) All times noted in these Terms and Conditions are AEDT. Entries must be received by the Promoter prior to the close date and time of the Promotional Period to go into the draw to win the Prize.
21) The Prize Winner will be published on the Promotor’s Facebook account https://www.facebook.com/SpecialKAustralia/, via an electronic direct email to all Entrants and on the Special K website by 13 February 2018 if a Prize winner is drawn at the Prize Draw (or 14 May 2018 if the Prize Winner is drawn at the Unclaimed Prize Draw).
22) The Promoter will not be liable for an Entrant who cannot be contacted after making reasonable attempts and therefore forfeits the Prize and no correspondence will be entered into.
23) Permit numbers are:
a) NSW: LTPS/17/20613
b) ACT: TP 17/02573.1
c) S T17/2404
Prize on offer
24) Total prize pool value is a maximum of $15,000. The prize consists of:
a) 2 x economy tickets to Los Angeles valued up to $4,950; and
b) $5,000 spending money; and
c) 4 star holiday accommodation for 7 nights worth $2800; and
d) Luxury pamper package worth $1000; or
e) Helicopter ride worth $700; or
f) Private hiking tour worth $550.
25) The Promoter will arrange for the Prize to be emailed to the Prize Winner within a reasonable time.
26) All prices are in Australian dollars.
Prize Conditions
27) Flights are subject to availability at the time of booking. Prizes are not redeemable for cash.
28) The Prize Winner may request a departure date which must be a minimum of 90 days after completion of the form noted under condition of entry at 9(a). The Prize Winner must also submit three preferred alternative departure dates at least one calendar month apart. Unless otherwise advised by the Promoter, travel must be taken before 31 December 2018.
29) The Prize Winner will be able to use the services of a personal concierge who will assist with arranging the Prize.
30) The Prize excludes travel between the Prize Winner’s (and their companion’s) home and the applicable city airport.
31) Unless expressly stated otherwise in the description of the Prize in these Terms, the Prize Winner and his/her companion are solely responsible for all costs and expenses associated with using the Prize including costs associated with meeting all government, consular, health and travel requirements applicable to the destination (including obtaining a valid passport, vaccinations and entry visas (if necessary)).
32) Travel insurance will not be provided to the Prize Winner and their companion.
33) Frequent flyer points cannot be earned on any flights included in the Prize.
34) Travel is not available on Christmas Day, New Year’s Eve, New Year’s Day, Valentine’s Day, School Holidays, or Public Holidays in the country of departure or the destination country unless stated otherwise.
35) Once booked, the Prize cannot be amended or altered.
36) The Prize Winner and their companion will be required to sign and complete a winner information and prize acceptance form and must submit with their passport details in order to assist with booking their prize trip.
37) Unless expressly stated otherwise under these Terms, any non-flight or airline associated taxes or charges, meals, transfers, flights, accommodation, sightseeing or other activities and spending money will be the sole responsibility of the Prize Winner and his/her companion.
38) The Promoter makes no representation as to the safety or other conditions at the destination and recommends that the Prize Winner and his/her companion consult the web site of the Department of Foreign Affairs and Trade http://smartraveller.gov.au/Pages/default.aspx for travel advice.
39) It is a condition of accepting any prize that the claimant must comply with all the conditions of use of the prize and prize supplier's requirements. The Prize must be taken and used as stated and no compensation will be payable if an individual is unable to use the prize as stated. No alternative will be provided and no compensation will be payable if the Prize Winner is unable to use the Prize as such. Subject to any written directions from a regulatory authority, if a 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 any written directions from any regulatory authority.
Further Terms and Conditions
40) The Promoter reserves the right to amend these Terms and Conditions if this competition cannot be run as originally planned. The Promoter may also cancel or suspend this competition if an event beyond the control of the Promoter corrupts or affects the administration security, fairness, integrity or proper conduct of this competition. The Promoter will disqualify any individual who has tampered with the entry process or any other aspect of this competition.
41) The Promoter, its employees, agencies and representatives will not be liable or responsible for any problems or technical malfunction of any telephone network or lines, computer on line systems, servers, or providers, computer equipment, software, technical problems of the phone or of any phone network, or any misadventure, accident, injury, loss (including but not limited to consequential loss) or claim that may occur which is connected with their entry or as a consequence of late, lost or misdirected mail or email.
42) The Promoter reserves the right to request winners to sign a winner's deed of release or any other relevant forms or agreements that the Promoter deems necessary, to provide proof of identity or proof of age in order to claim a prize. Proof of identification, residency, age and entry considered suitable for verification is at the discretion of the Promoter. In the event that an Entrant cannot provide suitable proof, the Entrant will forfeit the prize in whole and no substitute will be offered.
43) Any communications Entrant’s receive from Kellogg’s should not be taken as advice (medical or otherwise) and Entrants should only perform activity suited to their health and fitness level.
Privacy Collection Statement
44) The Promoter will collect Entrants' Personal Information and Tracking Information for the purpose of conducting and promoting this competition (including but not limited to determining and notifying winners). The Promoter may use Personal Information and aggregated and anonymised Tracking Information for data analysis and marketing purposes after the Promotional Period.
45) The Promoter will otherwise handle your Personal Information and Tracking Information in accordance with the Promoter’s Privacy Policy, available on request. You may request access or to update your personal information or lodge a complaint by writing to The Privacy Officer, Kellogg (Aust.) Pty Ltd of 41-51 Wentworth Avenue, Pagewood NSW 2035.
46) The Promoter may also disclose Personal Information collected to Australian regulatory authorities, such as the regulators of trade promotions.
Copyright, Statutory guarantees, Waiver and Liability
47) 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.
48) In participating in the Prizes, the Prize Winner (and their companion) agrees to participate and co-operate as required in all editorial activities relating to the Promotion, including but not limited to being interviewed and photographed. The Prize Winner (and their companion) agree to granting the Promoter a perpetual and non-exclusive licence to use such footage and photographs in all media worldwide, including online social networking sites, and the Prize Winner (and their companion) will not be entitled to any fee for such use.
49) The Prize Winner is advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of that Prize.
50) Nothing in these Terms and Conditions limit, exclude or modify 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 ASIC Act or similar consumer protection laws in the State and Territories of Australia ('Non-Excludable Guarantees').
51) 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 the Prize.
52) The Prize Winner acknowledges that participation in the Promotion and prize fulfilment may involve risk. The Promoter may require a Prize Winner (and their companion) to sign an indemnity and release prior to participation in the prize fulfilment or participation in the Promotion.