Rules

KITCHENAID PROMOTION TERMS AND CONDITIONS (AUSTRALIA)

1. Information on how to enter this Promotion and Prize details form part of these Terms and Conditions of entry (Terms). These Terms apply to the Promotion and entry into the Promotion is deemed acceptance of these Terms.

2. The promoter is KitchenAid Australia Pty Ltd (ABN 50 601 363 419) of 6-8 Billbrooke Close Cameron Park, NSW, Australia, telephone (02) 4902 6500 (Promoter).

3. The Promotion will be open from 12:00am (AEDT) on 15 January 2024 and will close at 11:45pm (AEDT) on 28 January 2024 (Promotion Period).

Who can enter?

4. Entry is open to Australian residents aged 18 years and over, excluding:

   1. management, employees, directors and contractors of the Promoter, its related entities, and other agencies, firms or companies associated with the Promotion;

   2. a spouse, de-facto spouse, parent, guardian, child, sibling or other immediate family member of a person referred to in paragraph ‎4.a of these Terms;

   3. persons who have used or attempted to use any more than one name in order to qualify to win a promotion run by or on behalf of the Promoter (except in the case of a legal change of name); and

   4. persons who have breached the terms and conditions of any promotion run by or on behalf of the Promoter.

(Eligible Entrant)

5. By entering this Promotion, you represent that you are eligible to enter.

How to enter

6. To enter the Promotion and be eligible to win, the following steps must be taken during the Promotion Period:

   1. you must complete the sign-up form available at https://www.kitchenaid.com.au/pages/refer-a-friend-ksm195-majestic-yellow with your details;

   2. you must share the invite link that you receive upon completion of the sign-up form with a friend; and

   3. your friend must complete the sign-up form available at that invite link with their details.

(Eligible Entry).

For the avoidance of doubt, an entry will not be valid as an Eligible Entry unless and until all of the above steps have been taken.

7. The number of Eligible Entries that an Eligible Entrant may make during the Promotion Period is unlimited. However, the use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter the Promotion repeatedly is prohibited and will render entries submitted using such means invalid.

8. The Promoter accepts no responsibility for any entries not received for any reason during the Promotion Period. Eligible Entries will be deemed to be accepted at the time of receipt by the Promoter. No responsibility will be taken for lost, late or misdirected entries or entries not received for any reason. The Promoter is not responsible for technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times.

9. Incomplete, illegible, indecipherable or incorrect entries, or entries containing offensive or defamatory comments, or which breach any law or infringe any third-party rights (including intellectual property rights) are invalid.

10. Any entrant who, in the opinion of the Promoter, tampers or interferes with the entry mechanism in any way, or who does not properly comply with the entry process, will be ineligible to win. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Terms.

Prizes

11. A computerised random draw (Draw) for the Prizes will take place at 12:00pm (AEDT) on Thursday 8 February 2024 (Draw Date) at KitchenAid's head office at 6-8 Billbrooke Close, Cameron Park NSW 2286, Australia (Draw Location).

12. The Promotion is a game of chance. 

13. There are two (2) prizes available to win as part of the Promotion. The prizes are two (2) KitchenAid 4.7L Artisan Stand Mixer Majestic Yellow sets (KSM195), valued at AUD$1,049 each (Prizes). Each set contains the following KitchenAid products: KSM195 Majestic Yellow stand mixer, flex edge beater, pastry beater, dough hook, wire whisk, pouring shield, 4.7L stainless steel bowl and 2.8L stainless steel bowl.

14. The total prize pool value is AUD$2,098.  

15. To the extent permitted by applicable law, the Promoter accepts no responsibility for any variation in the value of a Prize, or for any tax liabilities that may arise from winning a Prize.

16. The winners will be drawn from the pool of Eligible Entries (Prize Winners). Each Eligible Entrant can win a maximum of one (1) Prize. If an Eligible Entrant is selected as the winner of both prizes, the Eligible Entrant agrees that they automatically forfeit any entitlement to the second prize and a re-draw will be conducted at the same time to determine the winner of the second prize. 

17. The Prize Winners will be notified via email to the email address nominated by the Prize Winner in their sign-up form within fourteen (14) days of the Draw Date. The names of the Prize Winners will be published on KitchenAid's website within fourteen (14) days of the Draw Date. 

18. Prize Winners will be requested to nominate the residential address within Australia to which the Prize will be delivered. The Prizes will be delivered by post to the nominated residential address within twenty-eight (28) days of the Draw Date.

19. Prizes are not transferable and cannot be exchanged for cash.

20. The Promoter reserves the right to request that the Prize Winners provide proof of his / her identity, residency and age prior to awarding a Prize. Proof of identification considered suitable for verification is at the discretion of the Promoter. In the event that a Prize Winner cannot provide suitable proof, in the timeframe required by the Promoter, that Prize Winner will forfeit the Prize and no substitute will be offered.

Re-draws

21. If the Promoter is unable to contact any of the Prize Winners to claim a Prize within seven (7) days of providing notification, or any of the Prize Winners cannot provide suitable proof as required by clause ‎20, the Promoter reserves the right to deem the Prize forfeited.

22. If, despite the Promoter's reasonable efforts, a Prize Winner has not been able to be contacted within three (3) months of the Draw, or the Winner cannot provide suitable proof as required by clause ‎20, a further computerised random re-draw for that Prize Winner's Prize will take place (Re-Draw) at the Draw Location. The Re-Draw Prize Winner will be notified by email within two (2) days after the Re-Draw. The Re-Draw Prize Winners names will be published on the Websites within two (2) days of the date of the Re-Draw.

23. If the Promoter is unable to contact a Prize Winner of a Re-Draw to claim a Prize within seven (7) days of providing notification in accordance with clause ‎21, or any of the Re-Draw Prize Winners cannot provide suitable proof as required by clause ‎16, further re-draws for the applicable Prize will take place from time to time at the Draw Location (Subsequent Re-Draws) until the applicable Prize is claimed by an eligible Prize Winner of any Subsequent Re-Draw.

24. The Promoter shall not be liable for any Prize that may be lost, stolen, forged, damaged or tampered with in any way before it reaches the Prize Winners.

25. In the event that the Promoter is unable to supply the Prize, or any component of the Prize, the Promoter reserves the right to supply an alternative prize of the same or greater value, subject to any relevant written directions given by State or Territory gaming departments. In the event the Promoter is unable to supply a Prize due to stock shortages, the Promoter reserves the right to delay the delivery of a Prize until the Prize becomes available.

Privacy Policy

26. The Promoter collects personal information about entrants for the purposes of conducting this Promotion, including determining and notifying Prize Winners, and for future marketing purposes in accordance with the Promoter's privacy policy available at https://kitchenaid.com.au/pages/privacy-policy.

27. The Eligible Entrant provides consent to the collection of personal information until such a time as they withdraw their consent by giving notice to the Promoter. Eligible Entrants can also gain access to, update or correct any personal information held by contacting the Promoter at the details listed in clause ‎2 of these Terms or the KitchenAid Privacy Officer directly at [privacy@kitchenaid.com.au]. All personal information will be stored on servers located in Australia.

28. By entering the Promotion, you acknowledge that you subscribe to the KitchenAid community and will receive communications via mail, email, SMS and telephone containing delicious recipes, exclusive offers and tips and tricks.  You may unsubscribe from the KitchenAid community at any time by contacting the Promoter at the details listed in clause 2 of these Terms or the KitchenAid Privacy Officer directly at [privacy@kitchenaid.com.au], or through the option made available in KitchenAid marketing communications that are sent to you.

General

29. The Promoter’s decision is final on all matters and no correspondence will be entered into.

30. The Promoter will not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) for personal injury which is suffered or sustained, in connection with this Promotion or as a result of accepting or using a Prize, except for any liability which cannot be excluded by law.

31. If the 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 the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any Eligible Entrant; or (b) subject to any written directions from any applicable regulatory authority, to modify, suspend, terminate or cancel the Promotion, as appropriate.