VIVA Win a Gozney Pizza Oven Promotion

Terms and Conditions

1. Information on how to enter and the Prizes (defined below) forms part of these Terms and Conditions.
2. Entry into the “VIVA Win a Gozney Pizza Oven” Promotion (Promotion) is deemed to be an acceptance of these Terms and Conditions.
3. Promotion commences at 12:00am AEST on 04.09.24 and ends 01.10.24 at 11.59 pm AEST (Promotion Period).
4. The promoter is Kimberly-Clark Australia Pty Limited (ABN 65 000 032 333), Level 4 100 Arthur St, North Sydney, NSW 2060, Australia, Tel 1800 028 334 (Promoter).
5. Entry is only open to Australian residents aged 18 years or over.
6. Employees (and their immediate families) of the Promoter and agencies associated with this Promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or stepchild (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
7. The following entry limits apply:
   1. There is a limit of 3 entries per person in total.
   2. You can only enter once per day.
   3. You can only enter once per Qualifying Purchase.
   4. Each entry must be submitted separately in accordance with these Terms and Conditions
   5. Persons who have won a prize or prizes valued either individually or collectively at more than AUD $1,000 (including GST) in any competition or promotion run by or on behalf of the Promoter, within the 12 months prior to the commencement of the Competition Period are ineligible to enter;
   6. persons who have used or attempted to use any more than one name in order to qualify to win a competition or promotion run by or on behalf of the Promoter (except in the case of a legal change of name) are ineligible to enter; and
   7. persons who have breached the terms and conditions of any competition or promotion run by or on behalf of the Promoter.
8. To enter the Promotion, Entrants must complete the following steps during the Promotion Period:
   1. Purchase, in-store, any two VIVA products from a participating store listed below (Qualifying Purchase). A participating store is any of the following stores in Australia that also stocks and sells VIVA products and displays advertising for this Promotion. Online purchases are excluded from this Promotion.
      1. Drakes;
      2. IGA (including Supa IGA, Express, Ritchie’s and Romeo’s);
      3. Foodworks;
      4. Foodland; and
      5. Participating Metcash Independent Retailers.
   2. Entrants must retain their Qualifying Purchase receipt. If a purchase receipt is not provided to them, it is the individual’s responsibility to request one.
   3. After making a Qualifying Purchase and collecting a Qualifying Purchase receipt, visit www.viva-cleaning.com.au/gozney (Promotion Website) and follow the prompts to input the requested details and submit the fully completed entry form (Entry).
9. For the avoidance of doubt, a Qualifying Purchase can only be made during the Promotional Period and online purchases are excluded from this Promotion.
10. Multiple Entries permitted, subject to the following: (a) only one Entry permitted per Qualifying Purchase; (b) a maximum of one Entry per person per day; (c) limit of 3 entries per person; and (d) each Entry must be submitted separately and in accordance with these Terms and Conditions. Each entrant may win up to one Prize (see clause 21 below) (Excluding SA).
11. Entries are deemed to be received at the time of receipt by the Promoter. Records of the Promoter are final and conclusive as to time of receipt.
12. Incomplete or indecipherable Entries (including purchase receipts that in the opinion of the Promoter are not legible or valid) will be deemed invalid.
13. The Promoter reserves the right, at any time, to verify the validity of Entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Promotion. Errors and omissions may be accepted at the Promoter’s discretion.
14. Prizes will be awarded to the person named in the Entry form (see clause 8(c)). Any claim that is made on behalf of a person named in the Entry form, or any claim made by a third party, will be invalid. If there is a dispute as to the identity of the person named in the Entry form, the Promoter reserves the right, in its sole discretion, to determine the identity of that person.
15. 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.
16. There will be a random electronic draw performed in the presence of an independent scrutineer at 3pm on 04.10.24. All draws will be conducted at Level 2, 11 York Street, Sydney NSW 2000.
17. The first 40 valid Entries drawn randomly will win a Gozney ROCCBOX Pizza Oven, model GOZROCCBOXG in grey (based on and subject to availability) (Prize) and includes delivery to the address submitted on the Entry form. Prize valued at RRP$878.
18. The total Prize pool value is $35,120 (AUD).
19. The Promoter may draw additional reserve Entries in a draw and record them in order, in case a winning Entry/entrant is deemed invalid or a Prize is unclaimed (Reserve Entrants).
20. Winners will be notified by email within five business days of the relevant draw and the last name, initial of the first name and postcode of all winners will be published on www.viva-cleaning.com.au/gozney on the 11.10.24.
21. If any dispute arises between an entrant and the Promoter concerning the conduct of this competition or claiming a Prize, the Promoter will take reasonable steps to consider the entrant’s position, and to respond within a reasonable time. The Promoter’s decision is final, and no correspondence will be entered into.
22. The Prizes (including any unused portion of a Prize) cannot be transferred, exchanged, replaced, or redeemed for cash. The Prizes must be taken as offered and cannot be varied by a winner. The Promoter retains the right to substitute a Prize (or a part of a Prize) with a prize or prizes of equal or greater value (including where a Prize is unavailable), subject to approval of the gaming authorities in each State and Territory where relevant.
23. Subject to clause 24 of these Terms and Conditions, if for any reason a Prize is unclaimed by the time stipulated by the Promoter or a winning Entry is deemed invalid or void, then the Prize (or that element of the Prize) will be forfeited.
24. If a Prize has not been accepted or claimed by 2pm (AEDT) on the 04.01.25 or if, after making all reasonable attempts, the Promoter can't contact a winner (or a winner does not contact the Promoter) by 2pm (AEDT) on the 04.01.25, the relevant Entry/ies will be discarded and the Promoter will carry out a draw for any unclaimed prizes on the 06.01.25 at the same time and place as the original draws, subject to any directions from a regulatory authority. Winners, if any, will be notified by email within two business days of the draw and have their name published on www.viva-cleaning.com.au/oven on the 10.01.25.
25. The Promoter and its associated agencies or companies accept no responsibility for any lost or misdirected Entries.
26. Any cost associated with accessing the Promotion Website is the entrant’s responsibility and is dependent on the Internet service provider used.
27. Any Entry that is lodged by automatic, repetitive, robotic, programmed or similar entry methods or agents, including the use of a competition entry service (as determined in the absolute discretion of the Promoter) will be void.
28. If for any reason this Promotion is interfered with in any way or is not capable of running as planned 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 discretion, to the fullest extent permitted by law to: (a) modify suspend, terminate or cancel the Promotion as appropriate, subject to approval of the gaming authorities in each State and Territory where relevant; (b) disqualify any entrant.
29. The Promoter has no control over Internet or mobile telephone communications, network lines, bugs, viruses and server problems and accepts no responsibility for any problems associated with them, for any reason.
30. Nothing in these Terms and Conditions excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees under any applicable law including Competition and Consumer Act 2010 (Cth) or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”).
31. 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: (a) this Promotion; (b) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (c) any theft, unauthorised access or third party interference; (d) any Entry or Prize claim that is late, lost, altered, damaged or misdirected (whether or not after receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (e) any variation in Prize value to that stated in these Terms and Conditions; (f) any tax liability incurred by a winner or entrant; or (g) taking and/or use of a Prize.
32. Any goods and/or services (including Prizes) supplied by a third party supplier is subject to the terms and conditions of that third party supplier. The Promoter is not responsible or liable for any loss, damage or injury suffered by any Winner as a result of the conduct of any third party supplier or otherwise as a result of a Winner accepting and/or using goods/services and/or a Prize (even if caused by negligence), except for any liability which cannot be excluded by law.
33. The Promoter collects personal information (PI) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use, and handle PI as set out in its Privacy Policy, which can be viewed at https://www.kimberly-clark.com/en-au/privacy. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI 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. Unless otherwise indicated by the Promoter, the Promoter may disclose personal information to entities outside of Australia (for a list of the countries, see the Promoter’s Privacy Policy).
34. All amounts and (where applicable) prize values are correct as at the date of these Terms and Conditions and are in Australian Dollars, but to the extent permitted by law, no responsibility is accepted by the Promoter for any variation in amounts/value after the date of these Terms and Conditions.
35. Authorised under: NSW Authority No. TP/02347, ACT Permit No. TP 24/01393 and SA Permit No. T24/1088.