Coles Sports for Schools 2011 Program – Terms & Conditions

1. General

1.1. The Coles Sports for Schools program (“Program”) is owned and managed by Coles Supermarkets Australia Pty Ltd ABN 45 004 189 708 (“Coles”), whose main office is at 800 Toorak Rd, Hawthorn East, Vic, 3123.

1.2. Participation in the Program is governed by these terms and conditions. Registration in the Program is considered acceptance of these terms and conditions.

2. Participants

2.1. Primary and secondary schools in Australia that are government schools or registered as non-government schools under the Education Act in force in each State or Territory can apply to participate. Coles retains absolute discretion whether to accept registration of a school in the Program (“Participant”). Unfortunately Coles cannot accept any registrations from home educators (whether registered or not), day care centres or other pre/after school facilities, or kindergartens.

2.2. To participate in the Program, the school Principal or an authorised representative of the Principal must register as the program coordinator (“Coordinator”).

2.3. Coles reserves the right to request proof of the Coordinator’s identity and appointment as Coordinator by the Principal. Coles may suspend a Participant’s access to the Program until this information is satisfactorily provided.

2.4. Any costs associated with participating in the Program, including any tax liability incurred by participation, is the responsibility of the Participant.

2.5. It is the responsibility of the Coordinator to ensure any permission required by the relevant education authorities is obtained as a condition of entry in the Program.

3. Registration

3.1. The Coordinator must fully complete the online registration process at coles.com.au/sportsforschools (“Program Website”) to request to participate in the Program, and notify Coles of any subsequent change in details.

3.2. Each Participant that completes in full the online registration before 1st August 2011 and is accepted as a Participant will receive 100 “Kick-Start” points.

3.3. If a school is unable to register online they may call the Coles’ call centre on 1300 486 322 (“Call Centre”). (Call Centre Hours are 8.30am – 5.00pm Vic AEST). Kick-Start points will not be awarded to registrations completed with the Call Centre.

3.4. Registration in the Program must be completed by 28th October 2011. Any requests to register after this date may be accepted at the absolute discretion of Coles

3.5. A Participant may elect at anytime in writing to notifying Coles that it wishes to exit the Program, however the Participant will forfeit all rights to any Vouchers collected and will not be entitled to submit a wish list for Products.

4. Voucher Collection

4.1. Coles will issue vouchers on sales (“Vouchers”) from 12.01am on 11th August 2011 to 11.59pm on 18 October 2011 (unless extended), but only while stocks of Vouchers last. Coles accepts no liability if Vouchers become unavailable.

4.2. Coles may decide in its absolute discretion to extend the end date for issuing vouchers beyond 18 October 2011. If it decides to do so, Coles will communicate the revised end date to Participants and will advise any revised dates for Voucher counts, voucher delivery, and order dates.

4.3. Vouchers will be issued at all Coles Supermarkets, Bi-Lo, and Pick’n Pay stores at the time of purchase only. Coles Online customers will earn Vouchers but will not receive physical Vouchers at time of delivery as further detailed below in clause 4.6. The base offer is issue of one Voucher for every complete $10 spent in a single transaction on non-excluded items (“Base Vouchers”). Excluded items include: Coles Express and Coles Insurance purchases, and gift cards, liquor, tobacco and tobacco related product purchases. Other products may also be excluded at Coles’ discretion.

4.4. Coles may from time to time at its discretion offer bonus vouchers in addition to Base Vouchers in relation to purchases of a specific product or purchases in a category of products (“Bonus Vouchers”). Coles will communicate instore and/or externally how and when Bonus Vouchers will be issued.

4.5. Coles may from time to time at its discretion offer double voucher days where two Vouchers will be issued for every $10 spent in a single transaction on non-excluded items (“Double Vouchers”). The exclusions are outlined in clause 4.3 above. Double Vouchers are calculated simply by doubling the number of 'Base vouchers' a customer has earned. Bonus Voucher products will be included in $10 spend, but customers will not earn Double Vouchers on Bonus Vouchers”. Coles will communicate instore and/or externally which days Double Vouchers will be issued.

4.6. Base Vouchers, Bonus Vouchers and Double Vouchers will be accrued for all Coles Online sales that are actually delivered within the dates at clause 4.1 above. The Coles Online service fee is excluded when calculating the number of Vouchers earned. Coles Online customers will not receive Vouchers at time of delivery. During the Program Coles Online customer’s transactions will be recorded and a Voucher tally will be calculated on all Vouchers earned. At the expiry of the Program Coles Online customers will be advised by e-mail details of their Voucher tally, and will be asked to nominate a school they would like to donate the Vouchers to. Points will then be transferred to the nominated school’s online tally.

4.7. Any Coles customer may collect Vouchers and donate these Vouchers to a Participant. Vouchers cannot be bought or sold for cash or consideration of any kind.

4.8. A Participant may organise individuals to collect Vouchers on their behalf from other customers, but such collection is not permitted on Coles’ premises.

4.9. A Voucher collection box will be supplied to Participants by Coles to store Vouchers. Coles is not responsible for any lost, stolen or damaged Vouchers and Vouchers will not be replaced.

5. Voucher Count and Delivery

5.1. Participants must count the Vouchers collected each week and input their interim tally on the Program Website by 5pm on Friday of each week during the Program.

5.2. Participants must complete a final count of the Vouchers collected during the Program and input their final tally on the Program Website by 28th October 2011.

5.3. Once a tally has been provided, Participants are required to place the Vouchers in the pre-paid postal satchels provided by Coles and post them before 12th November 2011 to be eligible to redeem points. Coles will not accept any Vouchers delivered in anything other than the pre-paid post satchels. Coles may accept Vouchers posted after 12th November 2011 at its sole discretion

5.4. The postal satchels must be sealed securely. Coles recommends a maximum weight per satchel of 5kg. Coles strongly advises that proper care is taken when handling the satchels.

6. Points and Product Ordering

6.1. Each valid Voucher will entitle the Participant to one point. Points can be redeemed for a selection of products provided by Coles (“Products”) that will be supplied by agents of Coles on Coles’ behalf. The selection of Products and number of points required for each Product is available on the Program Website.

6.2. Participants will be required to complete a wish list of Products online at the Program Website at the same time as entering the tally of Vouchers as outlined in clause 5.2.

6.3. Participants must submit their wish lists by 5pm (Melbourne time) on 28th October 2011. Participants may only place Product(s) in their wish list for which they have the equivalent or greater points balance available and must redeem points in one transaction only, except as provided for in clauses 6.7 and 8.3. Any remaining points not redeemed by this deadline will be treated as expired and are not transferable or redeemable for cash. Points not used will remain the property of Coles.

6.4. Upon receipt by Coles of the Vouchers, Coles will notify the Coordinator by email whether it accepts the Coordinator’s tally. Coles count is final and no further correspondence will be entered into.

• A) If the Coordinator’s tally is confirmed as correct, then the Participant’s wish list will be accepted as an order.
• B) If the Coles count reveals a different number of Vouchers from the Coordinator’s tally, the Participant will be notified and given 14 days to submit a revised wish list based on the correct count. If a revised wish list is not submitted within 14 days, Coles will either deliver the original wish list as the order or scale down the wish list and deliver a reduced order to match the lower number of Vouchers (if applicable).

6.5. In the event that the Program Website is unavailable, Participants may submit their wish list via the Call Centre. The Call Centre will be required to verify the Coordinator’s details prior to confirming the order.

6.6. The Program Website will only show Products which are available at the time the information is displayed. A Product may however become subsequently unavailable before the order and delivery is completed, in which case Coles reserves the right to provide a substitute product of equivalent value.

6.7. In the event that the order fails due to technical reasons or a substitute product cannot be provided, Coles reserves the right to credit points back to the Participant’s account and authorise the Coordinator to resubmit their wish list.

6.8. Products availability is not unlimited and therefore orders will be fulfilled on a first come first served basis.

6.9. Coles reserves the right to withdraw, limit, modify, cancel or increase the availability of a Product.

6.10. The maximum points available for redemption in the Program across all Participants will be capped at the level of points equivalent to Products costing $6,000,000.00 (total cost of Products to Coles including GST). Coles reserves the right to reduce the number of points per Participant on a proportional basis if the total number of points exceeds a notional value of $6,000,000 including GST.

7. Delivery of Orders

7.1. Orders will be delivered to the physical address of the Participant, and not to a PO Box.

7.2. All orders placed by 28th October 2011 are scheduled to be delivered to Participants after the commencement of the 2012 school year. This is subject to stock availability and supply. Delivery of personalised apparel with custom printing (as detailed on the Program Website) may take longer as approval of artwork is required. The Coordinator is responsible for ensuring that the correct address and relevant delivery details have been provided.

7.3. Coles will not be liable for failure to deliver the order due to incomplete or incorrect information provided by the Coordinator. Any costs associated with completing a misdirected delivery will be the responsibility of the Participant.

7.4. Once a Participant has submitted a wish list for Products, it cannot be cancelled or amended by Participant. All Products are subject to availability and substitutions of equivalent value may be necessary.

7.5. Products cannot be replaced if stolen, lost, damaged, destroyed or otherwise altered after the Participant has taken delivery.

7.6. Title and risk in all Products passes to the Participant upon delivery.

7.7. Special conditions may apply in relation to individual Products – for example coaching sessions will be provided in accordance with a separate set of conditions that will be made available on the Program Website. All Products are subject to the usual terms upon which the manufacturer or supplier of the Product makes the Product available.

7.8. All reasonable efforts will be made to ensure that information provided in relation to Products is correct. However, other than as required by law Coles will not accept any liability for the completeness or correctness of such information.

7.9. Coles will not be liable for any disruption to the Program or any delay or inability to provide any of the Products caused by circumstances beyond the reasonable control of the Coles. If the Program is not capable of running as planned for any reason, including but not limited to technical malfunction, Coles reserves the right in its absolute discretion to cancel, suspend or modify the Program. Coles will use all reasonable endeavours to notify Participants of such cancellation, suspension or modification.

8. Return policy

8.1. Participants should check all Products carefully for damage or faults upon delivery. If a Product obtained through the Program is damaged or faulty (through no fault of the Participant), the Coordinator may contact the Product hotline on the number listed on the Program Website to arrange for an exchange or refund of points. Returns cannot be accepted by Coles for change of mind, and Products cannot be exchanged for cash.

8.2. Where a Product has been authorised for return by Coles, the Product hotline will advise the arrangements for return. Products returned should be returned where possible with their original packaging, instruction manuals and all accessories. A Participant must not return any Product without first receiving authorisation from the Product hotline.

8.3. If a replacement is not requested and a refund of points is authorised by Coles, the points redeemed for that Product will be re-credited to the Participant’s account. Refunds will be arranged only after receipt of returned Product in accordance with this clause 8. Points may take up to seven business days to be reinstated to your Program account. Such refunded points may be redeemed at a subsequent redemption.

8.4. If a replacement Product is requested and authorised by Coles in accordance with clause 8.1, the replacement Products will be dispatched at no further cost to the Participant.

8.5. Nothing in this clause 8 affects any rights a Participant may have and which cannot be excluded by law.

9. Liability

9.1. Products offered through the Program are manufactured and/or supplied to Coles by independent manufacturers and suppliers. Other than as required by law, Coles does not give, and expressly disclaims any guarantee, warranty or representation of any kind, express or implied, with respect to the Products including warranties of merchantability, fitness for a particular purpose or otherwise.

9.2. Coles shall not be liable to Participants or any other person in connection with the Program or any Product obtained through it for any loss of any kind, damage, personal injury or death whether arising under contract, tort (including negligence) or otherwise, except any liability that cannot be excluded by law, in which case that liability will be limited to the minimum allowed by law.

10. Intellectual Property Rights and websites

10.1. The material contained on the Program Website is protected by copyright. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute the material on the Program Website, or create any other material using material on the Program Website, without obtaining the prior written consent of Coles.

10.2. Trade marks (whether registered or unregistered) and logos used on the Program Website must not be used or modified in any way without obtaining the prior written consent of Coles.

10.3. The Program Website and Products, technology and processes contained on them may be the subject of other intellectual property rights owned by Coles or by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these terms. Your use of the Program Website must not in any way infringe the intellectual property rights of any person.

10.4. The Program Website may contain links to, or frame, websites of third parties (“External Sites”). Coles is not required to maintain or update the links. Links to, or framing of, External Sites should not be construed as any endorsement, approval, recommendation or preference by Coles of the owners or operators of the External Sites, or for any information, products or services referred to on the External Sites unless expressly indicated on the Program Website. Coles does not make any warranties and accepts no liability in relation to material contained on External Sites.

11. Privacy Notice

11.1. Coles is committed to protecting the personal information of all Coordinators, and anyone else providing personal information under the Program. We take our privacy obligations seriously and abide by the National Privacy Principles. For full details of our Privacy Policy please go to: www.coles.com.au/Coles/Privacy.aspx.

11.2. Coles will handle your personal information securely and carefully and only use this information to manage and administer the Program. Coles may disclose your personal information to agencies, advisors or other third parties assisting Coles with the Program, or as required by law.

11.3. By registering for the Program, Participants unless they indicate otherwise will be sent a weekly email with updates on the Program. A Coordinator may at any time thereafter through the Program Website opt out of receiving these weekly updates.

12. Media

12.1. By participation in the Program, Participants consent to Coles using the Participants name, locality, number of points collected, and/or Products redeemed in any media (including but not limited to TV, radio, catalogue, press, and point of sale) without compensation for the purposes of publicising and marketing the Program.

12.2. From time to time, a Participant may be requested to submit photographs to the Program Website in relation to the Participant’s involvement in the Program. Coordinator will ensure relevant consents have been obtained (including from the school principal) for Coles to publish such photographs on the Program Website, and to use such photographs in any media (including but not limited to TV, radio, catalogue, press, and point of sale) without compensation for the purposes of publicising and marketing the Program.