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KFC WEDDINGS PROMOTION

TERMS AND CONDITIONS

 

  1. For the purpose of these terms and conditions the following definitions will apply:

    (a)Entrant means together the individual and their partner entering the Promotion.
    (b)KFC Wedding has the meaning given to it in Paragraph 19 below.
    (c)Participating Stores means any KFC store in New South Wales, Victoria, Queensland, South Australia, Tasmania and Northern Territory that stocks onion rings.
    (d)Promoter or KFC means Kentucky Fried Chicken Pty Ltd (ABN 79 000 587 780) (“KFC”) and KFC Adco Limited (ABN 22 083 047 992) of 20 Frenchs Forest Rd, Frenchs Forest NSW 2086 (acting jointly).
    (e)Promotion means the promotional activity conducted by the Promoter related to the “KFC Wedding” promotion.
    (f)

    Promotional Period means the period commencing on and from 9.00am AEDT on 31 October 2023 and ending at

    (i)11:59pm AEDT on 27 November 2023, or
    (ii)the date determined by KFC, without notice, that all stock of onion rings has been sold, whichever is first to occur.
    (g)Terms and Conditions includes these terms and conditions, as well as the information on how to enter and the prize(s) which is available on the Promotor’s website at https://promotions.kfc.com.au/weddings.
    (h)Winner means the Entrant and their partner whose details are set out in the winning Promotion application.
  2. Participation in this Promotion is deemed acceptance of these Terms and Conditions.
  3. Entry is only open to Australian residents and their partners aged 18 years or over who are eligible to be legally married in an Australian state or territory.
  4. Save for any employee working at a Participating Store during the Promotional Period, employees (and their immediate families) of the Promoter are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto 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 1st cousin.
  5. Promotion entries will only be accepted at Participating Stores during the Promotional Period.

  6. To enter the Promotion, Entrants must complete the following steps during the Promotional Period:

    (a)purchase KFC onion rings from any Participating Store;
    (b)use a KFC onion ring as an engagement ring (and take a picture of your proposal);
    (c)visit https://promotions.kfc.com.au/weddings and follow the prompts to the Promotion entry page;
    (d)fill in the online entry form (which includes, among other things, providing the following details for the Entrant and their partner: full name, date of birth, email address, phone number and the State/Territory of residence); and then
    (e)

    create and upload the following documents:

    i.a photo of the Entrant’s marriage proposal using a KFC onion ring;
    ii.a 15-second video introducing the Entrant and their partner; and
    iii.a written submission of 100 words or less on “Why you deserve a KFC wedding”.
  7. The Promoter reserves the right, at any time, to verify the validity of entries and Entrants (including an Entrant’s and their partner’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual or party who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process and/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 absolute and sole discretion. 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.
  8. Incomplete or indecipherable entries into the Promotion will be deemed invalid.
  9. The Entrant warrants that it is entering this Promotion with the full consent and approval of the Entrant’s partner, who will legally marry the Entrant at the KFC Wedding.  Only one (1) entry into the Promotion is permitted per Entrant (being the individual and their partner entering the Promotion).
  10. If there is a dispute as to the identity of an Entrant or their partner, the Promoter reserves the right, in its sole discretion, to require further documentation to determine the identity of the Entrant or their partner.
  11. The use of any automated entry software or any other mechanical or electronic means that allows an Entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
  12. The judging will take place at Ogilvy Australia, The Bond Level 5, 30 Hickson Road, Millers Point Sydney NSW from 9.00am on 28 November 2023 (“Promotion Draw Date”).
  13. The Promotion will be determined by the Promotor and its affiliates in their absolute discretion.  The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible Entrant.
  14. The Winner will be notified by email on 31 January 2024.
  15. In the event the Winner does not claim the prize within 72 hours of being notified as the Winner, the Winner will forfeit their right to the prize and no substitute will be offered.
  16. This is a game of skill and chance plays no part in determining the winner. Each entry will be individually judged based on literary and creative merit of the photo/video submission and the answer provided to the promotional question.
  17. The Promoter’s decision is final, and no correspondence will be entered into regarding the decision.

  18. The best valid entry, as determined by the judges, will win a KFC Wedding (as defined in Paragraph 19 below) package valued at up to $80,000 AUD. The prize consists of:

    •Up to $30,000 towards one (1) KFC Food Truck to attend and cater the KFC Wedding;
    •Up to $15,000 towards a KFC stylist (provided by the Promotor) to theme and decorate the KFC Wedding, with styling and décor to be selected in the Promoter’s sole discretion. In the event there are any styling or décor elements selected by the Promoter that the Winner does not wish to be included in the KFC Wedding, those styling or décor elements will be removed and no substitute will be offered;
    •Up to $35,000 towards additional Wedding costs (including outfits, entertainment, celebrant, venue but excluding at all times alcoholic beverages), with all suppliers and costs to be approved by the Promoter (at its absolute and sole discretion) prior to payment of the prize money.
  19. The prize must be used for costs associated with one wedding of the Winner, on one date only, that meets the legal requirements for marriage in Australia (the “KFC Wedding”), and must be used within 12 months from the Promotion Draw Date.
  20. The Winner will be responsible for any additional costs associated with the KFC Wedding, and for ensuring they have any requisite licenses or other documentation required (including marriage license) at their own cost.
  21. If the Winner knowingly or recklessly commits any act or omits to do any act that may unduly harm the reputation or interests of the Promoter, the Winner will forfeit their right to the prize and no substitute will be offered.
  22. If for any reason the winner does not proceed with the KFC Wedding or does not use the prize (or an element of the prize) in the manner specified in these Terms and Conditions, including (without limitation) by the time stipulated by the Promoter in Paragraph 19 above, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash.
  23. If the prize (or part of the prize) is unavailable, the Promoter, in its absolute and sole discretion, reserves the right to substitute and/or vary the prize (or any part of the prize) with a prize to the equal value and/or specification.
  24. Total prize pool value is up to AU$80,000 as at the commencement of the Promotion.
  25. The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.

  26. Entrants agree that they are fully responsible for any materials they submit via the Promotion including but not limited to comments, recordings and images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:

    (a)they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication; 
    (b)their Content shall not contain viruses or cause injury or harm to any person or entity;
    (c)they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content; 
    (d)the Content is the original literary work of the entrant that does not infringe the rights of any third party; 
    (e)they have the full consent of their partner to submit the Content on behalf of their partner on these Terms and Conditions;
    (f)they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
    (g)they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.

    Without limiting any other terms herein, the Entrant agrees to indemnify the Promoter for any breach of the above terms.

  27. As a condition of entering this promotion, each Entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
  28. Entrants consent to the Promoter using their and their partner’s 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.
  29. In addition to the above, the Winner consents to the Promoter capturing content (including photograph, film and/or recording) of the KFC Wedding, to be used in any media for an unlimited period without remuneration for the purpose of promoting this Promotion and promoting any products manufactured, distributed and/or supplied by the Promoter.
  30. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason including but not limited to tampering, technical difficulties, unauthorised intervention or fraud, war, terrorism, state of emergency, pandemic, government lockdown or any other kind of unforeseeable event, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any Entrant; or (b) to modify, suspend, terminate or cancel the Promotion or any element of the prize, as appropriate.
  31. Any cost associated with accessing the promotional website is the Entrant’s responsibility and is dependent on the internet service provider used.
  32. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act (Cth), as well as any other implied warranties under the ASIC Act (Cth) or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). 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 the promotion.
  33. 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) if the KFC Wedding event is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) use of the prize.
  34. 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 and prize suppliers. 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.kfc.com.au/privacy-policy.  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 PI to entities outside of Australia (for a list of the countries, see the Promoter’s Privacy Policy), and cannot guarantee that any overseas recipient will not breach the Australian Privacy Principles.  By entering the promotion entrants consent to the overseas transfer on these terms as permitted by the Australian Privacy Principles and agree that the Promoter is not liable in this regard.