Enter our regular competitions on Instagram (“Promotions”) to go in the running to win prizes! Each Promotion will be announced on Instagram (“Promotion Post"), and will include certain details specific to that Promotion. Each Promotion Post is to be read in conjunction with these terms and conditions.
1. Each Promotion Post will include:
v. information on how to enter the Promotion
vi. the prize(s)
vii. the Promotion Period
viii. the criteria on which the winning entrant(s) will be selected
Entry into a Promotion is deemed acceptance of these terms and conditions.
2. The Promoter is Kmart Australia Limited (ABN 73 004 700 485), 690 Springvale Rd, Mulgrave, VIC 3170.
3. Each Promotion commences at the date and time (AEST) stated in the applicable Promotion Post and closes at 11:59pm (AEST) on the date stated in the applicable Promotion Post (“Promotion Period”).
4. Entry is open to Australian residents who are 18 years or older. Employees (and their immediate family members) of the Promoter and its other related companies are not eligible to enter. ‘Immediate family member’ means a spouse, ex-spouse, de-facto spouse, child or step-child, parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
5. Each Promotion is a game of skill competition.
6. To enter, eligible entrants must do the following:
i. log into their personal Instagram account and follow @kmartaus
ii. comment on the @kmartaus Instagram competition post following the instructions of the specific post
iii. tag a friend in their comment
7. Entries for a Promotion must be submitted during the applicable Promotion Period. The Promoter is not responsible for any lost, late or misdirected entries due to technical disruption, network congestion or for any other reason.
8. Use of automated entry software, spamming or similar is not allowed and will result in all entries by that person being invalid.
9. The time of entry will be deemed to be the time the entry is received by the Promoter.
10. Each entrant warrants that the entrant will not upload or submit content that contains or promotes sexually explicit material, hateful, defamatory or discriminatory material or any content that in the opinion of the Promoter would cause harm to its business interests or reputation, portray the Promoter in a negative manner or is otherwise contrary to the law.
11. All entries must be in accordance with Kmart’s Community Guidelines, available at https://linktr.ee/kmartaus
12. All entries must be original work owned by the person submitting the entry. Each entrant warrants that the entrant owns all intellectual property rights in the post that the entrant submits in connection with the Promotion (other than intellectual property rights owned by the Promoter).
13. All entries become the property of the Promoter.
14. The Promoter reserves the right, at any time, to:
i. request that an entrant verify the validity of their entry and the eligibility of the entrant (including an entrant’s identity, age and place of residence)
ii. disqualify any entrant who tampers with the entry process
iii. approve or reject any or all entries at their discretion
iv. remove comments or material it considers to be inappropriate
15. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
16. The prizes for each Promotion consist of various Kmart products, details of which will be included in the applicable Promotion Post.
17. A prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated. Prizes are not exchangeable or redeemable for cash or other goods or services. A prize cannot be transferred to any other person, unless agreed to by the Promoter. It is a condition of accepting a prize that the winner accepts the conditions of use of that prize.
18. If a prize is unavailable, for whatever reason, the Promoter reserves the right to substitute for a prize of equal or greater value, subject to any State or Territory regulation/approval. The prize must be taken as offered and cannot be varied.
19. 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 any personal injury suffered or sustained in connection with the prize or redemption of the prize, except for any liability which cannot be excluded by any applicable Australian law (in which case, that liability is limited to the maximum extent allowable by law).
20. Each Promotion will have one winner, unless stated otherwise in the applicable Promotion Post.
21. For each Promotion, the winner(s) will be selected by one judge. The judge will have absolute discretion to choose the winning entrant(s), and the judge’s decision is final. No correspondence will be entered into in respect of any decision made in connection with a Promotion.
22. Entries will be judged based on how interesting, creative and original the entry is, as well as any additional criteria set out in the applicable Promotion Post.
23. The winner will be notified via Instagram within 5 business days after the end of the applicable Promotion Period.
24. The Promoter will ask the winning entrant, via DM, to provide their name, email address and best contact number.
25. If a winning entrant fails to provide their details to the Promoter within 48 hours of the Promoter sending the DM, or if a prize is not claimed by a winning entrant, the Promoter may, acting in its absolute discretion:
iii. make further attempts to contact the entrant; or
iv. withdraw the prize from that winner, and a new winner will be selected by the judges based on the above criteria.
26. The winner will be announced via Instagram.
27. Nothing in these terms and conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees and any implied warranties contained in the Commonwealth and applicable State and Territory consumer protection laws.
28. If for any reason any Promotion is not capable of running as planned, including due to any computer virus, technical issues or any other issues beyond the control of the Promoter, the Promoter reserves the right to discontinue that Promotion.
29. Nothing in these terms and conditions requires the Promoter to run a Promotion. The decision whether or not to run a Promotion is at the absolute discretion of the Promoter.
30. Any personal information provided by entrants to the Promoter in the course of entering into the Promotion will be dealt with by the Promoter in accordance with these terms and conditions and the Promoter’s Privacy Policy (which is located athttps://www.kmart.com.au/privacy-policy/).
31. Entrants’ personal information will be used for the purposes of conducting the Promotion, redeeming the prizes, any other matter connected to or incidental to the Promotion. All entrants’ personal information may also be used for distributing communications and marketing materials and event information in the future.
32. Each entrant agrees that the Promoter may publish or cause to be published the winner’s name, Instagram username, entry and locality (Suburb and State) in any media or as required by law.
33. Subject to paragraph 34 below, the Promoter reserves the right to amend these terms and conditions at any time in its sole discretion.
34. During a Promotion Period, the Promoter may amend these terms and conditions as they apply to the applicable Promotion at any time if it has reasonable grounds for doing so.
35. The Promoter may, at any time, stop running Promotions in accordance with these terms and conditions, in which case these terms and conditions will no longer apply to any future competitions.
36. Any changes to these terms and conditions, or any decision to stop running Promotions, will be announced by the Promoter through its Instagram account.