COMPETITION TERMS & CONDITIONS
DETAILS SCHEDULE
This Details Schedule together with the General Terms constitute the terms and conditions of entry for this Competition. Please carefully read this Details Schedule and the attached General Terms.
Competition Kip&Co x Crumble Mother’s Day Competition
Promoter Kip & Co Australia Pty Ltd (ABN 241 550 849 14)
Competition Period From 11:00am AEST on Mon, Apr 28 2025 (Commencement Date) to 11.59pm AEST on Sun, May 04 2025 (Closing Date).
Eligible Jurisdiction Australia and New Zealand
Entry Requirements
Entrants must be:
(a) 18 years of age or over at the time of entry;
(b) permanently residing in an Eligible Jurisdiction during the Competition Period;
(c) not be a Restricted Person; and
(d) must not have engaged in any fraud, misrepresentation, dishonesty or wilful misconduct in participating in this Competition.
Winner Selection Date Mon, May 05 2025
Entry Mechanics To validly enter the Competition, entrants must meet the Entry Requirements and:
(a) Go to the Promoter’s official Instagram @kipandco social media account; and
(b) Follow both @kipandco and @crumble official Instagram social media account]; and
(c) Tag another account in the comments; and
(d) Post a comment on the Competition post, answering the following question: “Tell us your go-to sweet treat to share with Mum” (the Entry Question), (the Entry).
Maximum Number of Entries
Entrants may enter the Competition as many times as they wish during the Competition Period. Entrants may only win a maximum of one (1) prize in the Competition, regardless of the number of Entries submitted.
Judging All valid Entries will be individually judged by the representatives of the Promoter (in the Promoter’s sole and absolute discretion) on the Winner Selection Date at the Promoter’s premises. All valid Entries will be judged based on the Judging Criteria.
Judging Criteria The Promoter will select from amongst the valid Entries, a winning Entry based on originality, creativity and suitability, as determined at its sole and absolute discretion.
Number of Winners One (1).
Prize
Prize Conditions
The Prize consists of:
One (1) Kip&Co e-Voucher. $500.00 AUD
One (1) Crumble Essential Bundle. $758.00 AUD
Valued at a maximum of $1258.
The awarding of a Prize is subject to the following conditions:
a) if requested by the Promoter, winner must sign an indemnity and waiver form and/or other similar documentation.
Total Prize Value Approximately $1258
Publication
Unclaimed Prize
Unclaimed Prize Date
Restricted Persons
The winner will be notified by DM from @kipandco account within three (3) days of the Winner Selection Date. Where applicable, the name of any unclaimed prize winner will be published in the same manner on the re-draw date.
If a prize is unclaimed by the Unclaimed Prize Date, the Promoter will:
a) on the Unclaimed Prize Date, notify the original Prize winner that the Prize is unclaimed; and
b) award the Prize to the entrant/s who, in the sole opinion of the judges, have submitted the next best entry in accordance with the Judging Criteria; and
c) notify the Unclaimed Prize winner at least three (3) days after the Unclaimed Prize Date that the Prize has been reallocated as it was unclaimed.
11:59pm AEST on Mon, May 12 2025
Any director, officer, employee, agent or contractor of the Promoter or any agency and/or third party that is associated with the Promoter or the Competition, including any prize supplier, and any of their family members or members of their immediate household.
Special Conditions N/A
Competition Privacy Notice
Personal information of entrants will be used and stored in accordance with the Promoter’s Privacy Statement at https://kipandco.com.au/pages/privacystatement-2023.
By submitting an entry, the entrant consents to the collection and use of the entrant’s personal information for marketing purposes in accordance with the Promoter’s Privacy Statement. Consent may be withdrawn at any time in accordance with the Promoter’s Privacy Statement.
GENERAL TERMS
INTRODUCTION
1. These General Terms must be read together with the Details Schedule for this Competition, which together comprise the Competition Terms and Conditions. Capitalised words in the Details Schedule apply to these General Terms.
2. By entering into the Competition, the entrant agrees to the Competition Terms and Conditions.
3. All entry instructions and prize information published by the Promoter form part of the Competition Terms and Conditions.
COMPETITION
4. The Competition is conducted during the Competition Period by the Promoter in the Eligible Jurisdictions.
5. The Competition is a game of skill, and chance plays no part in determining any winners.
ELIGIBILITY & ENTRIES
6. Only valid Entries which meet the Entry Requirements and comply with the Entry Mechanics shall be counted in the Competition. Each entrant will bear the cost of their entry into the Competition.
7. All entries and entrants to the Competition may be subject to verification by the Promoter. An entrant must, within three (3) days of being asked and at the Promoter’s cost, allow the Promoter to inspect and copy any documents that the Promoter may request establishing eligibility to enter the Competition, including but not limited to evidence of age, permanent residency and identity.
8. The Promoter may decide in its sole discretion which documents are considered suitable for establishing eligibility to enter or win. In the event that the winner cannot provide suitable proof of eligibility, they will forfeit the Prize in whole and no substitute prize or compensation will be offered.
9. An entrant’s entry may be disqualified on the basis of being:
a) late, incomplete or incomprehensible;
b) unlawful or capable of breaching any law, government policy or standard, or Promoter’s policies;
c) obscene, pornographic or contain nudity;
d) defamatory, libellous, hateful, threatening, harassing or offensive against a person or group of persons on the grounds of age, colour, gender, national or ethnic origin, disability, race, religion or sexual preference;
e) incite or be capable of encouraging conduct that would be considered a criminal offence;
f) in violation of the social media guidelines, rules or terms of service of the relevant social media site or platform used in connection with the Competition.
10. If the Promoter becomes aware after an entrant has won a Prize that the entrant has not complied with these Competition Terms and Conditions, including not meeting any Entry Requirement, that entrant will have no entitlement to the Prize, even if the Promoter has announced them as a winner. That entrant will be required to return, refund or otherwise make restitution of the Prize.
11. The conditions set out in the Maximum Number of Entries applies to this Competition.
12. The entrant warrants that their entry including the response to any question and any designs, drawings, artwork, photos, images, videos or any other materials submitted in the Competition (Entry Material) is:
a) entirely their own original work;
b) not copied in any manner from any other work; and
c) does not infringe the copyright, moral rights, trademark rights
or any other rights of any third party.
13. Entrants must ensure that their entries are received by the Promoter during the Competition Period. All entries are deemed to be received at the time of receipt by the Promoter, not the time of transmission by the entrant. The Promoter takes no responsibility for late, lost, illegible, corrupted or misdirected entries or for any delays or failures in any telecommunications services or equipment. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred.
14. Entry to the Competition is free. However, any costs associated with accessing a website or app in order to make their entry, are the responsibility of the person seeking access.
15. Entrants must manually enter the Competition. The Promoter may reject an entry if it reasonably forms the opinion that the entry has been made using automated entry means or by use of a computer entry service.
16. If Entry is permitted via a social media platform, the following will apply:
a) an entrant’s entry must be submitted by the individual entrant;
b) entrants must ensure their security settings on their personal account allows the Promoter to contact them in the event that the entrant is a winner;
c) use of social media platforms is subject to the terms and conditions of use of that social media platform;
d) entrants acknowledge that this Competition is in no way sponsored, endorsed or administered by, or associated with, any social media platform. Any questions, comments or complaints about this Competition must be directed to the Promoter (not the social media platform). The winner is solely responsible and
liable for the content of its Entry and any other information they transmit to other internet users; and
e) to the extent permitted by law, each entrant agrees to release any and all social media platforms (and their associated agencies and companies) used in conjunction with this Competition, against any and all losses, claims, costs, expenses and damages (of any nature) (Losses) which may be incurred by the winner in respect of their participation in the Competition.
17. Should an entrant’s contact details change at any time between the date on which they enter the Competition and the Unclaimed Prize Date, that entrant must notify the Promoter of their correct contact details immediately, otherwise their Entry may be disqualified at the discretion of the Promoter.
18. The Promoter may, at its absolute discretion, declare any or all entries made by an entrant to be invalid if the entrant:
a) fails to establish their entitlement to win the Competition to the Promoter’s satisfaction; or
b) fails to produce items as required by these Competition Terms and Conditions or produces items that appear to be illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way; or
c) appears, to the Promoter, to have tampered with, or benefited from tampering with, the entry process; or
d) has submitted an entry that is not in accordance with these Competition Terms and Conditions; or
e) acts in a manner which is disruptive, unlawful, improper, derogatory, offensive or in any way jeopardises the Promoter’s brand, reputation, business, products, customers or suppliers, business partners.
19. By entering the Competition, the entrant agrees that if selected as a winner, the entrant will, if requested by the Promoter:
a) provide comments about the Competition and/or provide a photograph or audio-visual clip of themselves; and
b) participate in all promotional activity in connection with the Competition.
OWNERSHIP & CONSENTS
20. Entrants retain all ownership in their Entry Material. Upon submission of the Entry Material to the Promoter as part of the Competition, entrants agree that if selected as a winner, such entrant will be deemed to have granted the Promoter, an exclusive, worldwide licence to use, amend, create derivative works of, reproduce, promote, distribute and sell the Entry Material, at the Promoter’s discretion, via all media now known or later devised, for a 12 month period commencing on the Winner Selection Date or if applicable, the Unclaimed Prize Date, on a royalty-free basis. Further, the winner agrees, to the extent permitted by applicable law, to waive all rights to make any claim in respect of the Entry Material.
21. By entering the Competition, each entrant also irrevocably and unconditionally consents to their name, image, and biography being used by the Promoter for the purposes of conducting and promoting this Competition, awarding the Prize, advertising and marketing the Promoter and/or the Competition.
REPRESENTATIONS, WARRANTIES, INDEMNITIES
22. Each entrant represents and warrants that:
a) it has the full power and capacity to grant the rights, warranties and consents set out in these Competition Terms and Conditions;
b) the Entry Material is accurate and complete, is entirely original and is not, and its use by the Promoter will not be, in breach
of any third party intellectual property rights;
c) it will fully indemnify the Promoter against any loss or damage suffered by the Promoter:
i. in the event that any of these representations or warranties given by the entrant are false;
ii. as a result of any breach of these Competitions Terms and Conditions by the entrant; and
d) where applicable, it has consent from each person appearing in the Entry Material (or if a person appearing in the Entry Material is under the age of 18, from that person’s parent or guardian)..
WINNERS & JUDGING
23. There will be the Number of Winners determined from all valid entries received during the Competition Period.
24. The Promoter is responsible for the Judging.
25. The Promoter’s decisions are final and no correspondence will be entered into.
26. The winner will be notified by email and/or social media within three (3) days of the Winner Selection Date.
27. All reasonable attempts will be made to contact the winner. If the Prize is not claimed by the winner by the Unclaimed Prize Date, it will be deemed an Unclaimed Prize and awarded to another entrant by the Promoter on the Unclaimed Prize Date. The winner of the unclaimed Prize will be notified by email and/or social media within three (3) days of the Unclaimed Prize Date.
PRIZE
28. All Prize values are correct as at the Commencement Date, are reflective of the recommended retail price and are in Australian dollars. The Promoter takes no responsibility for any variations in the Prize values.
29. The entrant acknowledges that the Prize or elements of the Prize may be subject to additional terms and conditions. If a winner does not
agree to such additional terms and conditions when informed of them, the winner must immediately notify the Promoter and forfeit their Prize. If the winner does not so forfeit the Prize, the winner will be deemed to have accepted the additional terms and conditions.
30. The Prize must be taken as offered and cannot be varied. If the Prize (or any part of the Prize) is unavailable for any reason, the Promoter will, in its absolute discretion, substitute alternative goods or services of no lesser retail value and/or specification. The Promoter accepts no other liability or responsibility for any losses, claims, costs, expenses and damages (of any nature incurred by the winner or any other person if the Prize (or any part of the Prize, if applicable) is unavailable for any reason.
31. The Prize cannot be refunded or exchanged and, except as expressly permitted by these Competition Terms and Conditions, cannot be taken as a monetary payment.
32. Unless expressly stated, all other costs and expenses associated with taking the Prize is the responsibility of the winner.
33. The Prize must be claimed by the winner by the Unclaimed Prize Date. All aspects of each Prize must be taken together as a package. In the event that for any reason whatsoever the winner does not take the Prize or an element of the Prize at the time stipulated by the Promoter, the Prize or that element of the Prize will be forfeited by the winner.
34. The Prize may only be transferred to another person at the Promoter’s sole discretion. In the event that the Promoter exercises its discretion to allow the winner to transfer the Prize, the transfer will be on the condition that the transferee accepts all terms and conditions set out in these Competition Terms and Conditions and the Promoter may require such acceptance in writing at its absolute discretion. Upon transfer, the transferee will be substituted as the winner and the transferor will have no right or claim to the Prize.
35. The winner is advised that tax implications may arise from them winning the Prize and they should seek independent financial advice prior to accepting the Prize. Where the operation of this Competition 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.
36. Once the Prize has left the Promoter’s/Prize supplier’s premises, the Promoter will not be responsible for any delay in delivery or loss or damage to the Prize.
37. If the Winner Selection Date or Unclaimed Prize Winner Selection Date is a public holiday, the determination will be conducted on the following business day.
38. The Prize cannot be used in conjunction with any other discounts or special offers.
39. The Prize will be awarded to the winner subject to the satisfaction of the Prize Conditions and Unclaimed Prize, and in the Promoter’s sole discretion.
40. The Prize may not, without the prior written consent of the Promoter, be resold or offered for resale at a premium (including online) or used for any commercial purpose or to enhance the demand for other goods or services. If the Prize is sold or used in breach of this condition, the Promoter may, at its absolute discretion, withdraw the Prize. In this instance, no refund, substitute or compensation will be offered to the winner or any person who has purchased or otherwise bears the Prize.
41. If the Prize includes clothing or accessories, the size and style of the clothing/accessories included in the Prize will be determined at the sole discretion of the Promoter.
GENERAL
42. The Promoter reserves the right to take any action in connection with the Competition including the
Judging and the Prize, its sole discretion at any time.
43. Entrants acknowledge that there may be inherent risks in some aspects of the Competition and that participation in the Competition and/or using the Prize may involve participating in dangerous activities. By entering this Competition and/or accepting the Prize, entrants accept that risk.
44. If, for any reason, the Competition is not capable of running as planned, including, without limitation, due to infection by computer virus, security breach, bugs, tampering, unauthorised intervention, fraud, technical or software failures, service interruptions (including interruptions to systems, servers, internet and mobile networks) and or any other causes beyond the control of the Promoter that affects the administration, security, fairness or integrity, or proper conduct of the Competition (Interrupting Event), the Promoter reserves the right cancel, terminate, modify or suspend the Competition and modify these Competition Terms and Conditions including extending the Competition Period.
45. To the extent permitted by applicable law, the Promoter will not be liable for any Loss suffered or sustained (including, but not limited to, that caused by any person’s negligence, or any personal injury) by any entrant in connection with the Competition, the Prize or any Interrupting Event, including:
a) any indirect, economic or consequential loss or loss of profits; and
b) any liability for personal injury or death.
46. The Promoter may engage subcontractors and/or agents to perform services in connection with this Competition, including
corresponding with entrants and/or winners.
47. The Promoter make no representations or warranties about the fitness for purpose, merchantable quality or suitability of any Prize and will not accept responsibility for the quality, fitness for any purpose or suitability of any Prize.
48. Any liability of the Promoter in connection with the Competition, including the Prize and these Competition Terms and Conditions, shall be limited to re-supplying the winner with a replacement Prize of similar value.
49. These Competition Terms and Conditions are governed by the laws of Victoria, Australia. The Promoter and all entrants irrevocably submit to the non-exclusive jurisdiction of Victoria, Australia.
50. These rules are Terms and Conditions and constitute the entire terms and conditions between the entrant and the Promoter with respect to the Competition. The Promoter may alter, modify, or amend these Competition Terms and Conditions at its sole discretion and will only provide entrants with notice of material amendments.
PRIVACY
51. The entrants’ personal information will be collected, used and disclosed as set out in relevant Competition Privacy Notice, pursuant to the Australian Privacy Principles in the Privacy Act 1988 (Cth).
52. Each entrant must ensure that any other person whose personal details have been provided by the entrant to the Promoter for the purposes of the entrant’s participation in this Competition has given their express consent for their details to be provided to the Promoter and to be contacted by the Promoter in relation to this Competition.