Information on prizes and how to participate forms part of these terms and conditions.
By participating in this promotion (“Promotion” or “Competition”), you agree to be bound by these terms and conditions.
1. The Promoter is Koch & Co Pty Ltd, 58 Huntingwood Drive, Huntingwood NSW 2148 (“Koch & Co”, or “Koch” or the “promoter”).
2. Entry and participation in the Promotion is dependent on the entrant acting in accordance with the below terms.
3. The promotion is conducted via entry at https://www.tiktok.com/, https://www.instagram.com/, or https://www.facebook.com/.
4. Entrants acknowledge that this promotion is in no way sponsored, endorsed, administered by, or associated with Tiktok, Facebook, or Instagram. Any questions should be directed to Koch & Co Pty Ltd.
5. Entry is only open to individuals aged 18 years and over and living in Australia. Koch & Co employees, directors and other representatives of the Promoter and organisations involved in sponsoring or conducting the Promotion (and any individuals so involved) are ineligible, as are members of their immediate families and households.
6. Individuals or businesses may enter the competition only once.
7. The competition commences on Wednesday 29th November 2023 at 12:00pm AEST and concludes on Sunday 3rd December 2023 at 11:59PM AEST (the “Promotion Periods”).
8. Entries must be received by 11:59pm (AEST) on the specified competition closure day. The times of entry will be based on the time it’s received by Koch & Co Pty Ltd. The Promoter accepts no responsibility for any late, lost, or misdirected entries due to technical disruptions, network congestion or for any other reason.
9. To enter the promotion entrants must:
Access and log in to their personal or business Instagram, Facebook, or Tiktok account and follow the Koch & Co Pty Ltd page on that platform. Tiktok: ("@kochandco_au"), Instagram: ("kochandco"), Facebook: ("Koch & Co Pty Ltd");
They must also have a public account (not private) or set their account to public (not private);
Tag three friends and answer the question in the dedicated post.
10. You understand that the entry point occurs when you post a comment on one of the Koch & Co Tiktok, Instagram, or Facebook posts talking about the Promotion.
11. Entry into the Promotion is free. However, any costs associated with accessing the Promotion online are the responsibility of the person seeking access and is dependent on the internet or mobile service provider used. Unless expressly stated in these Terms & Conditions, all other expenses become the responsibility of the winner.
12. The Promoter accepts no responsibility for lost, late or misdirected entries. The Promoter reserves the right to verify the validity of entries and to disqualify any entry which, in the opinion of Promoter, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these Terms & Conditions of Entry or who has, in the opinion of Promoter, engaged in conduct in entering the promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the promotion and/or Promoter.
13. The entrant is responsible for the submission of their own entry during the Promotion Period and it is not the responsibility of the Promoter or any third party to ensure that a person is entered into the Promotion.
14. The competition is run on Facebook, Instagram, and Tiktok, and the total prize pool for the first draw consists of a collection of products chosen from the Koch & Co range and other suppliers. (“The prize” or “prize pool”) includes shipping to one Australian destination. There is one prize only and the total prize pool includes the following items: 2 x Wooden Nutcracker Clips Set 6 Red & Green, 1 x Assorted Hanging Baubles Pack 34 Gold, 2 x Large Hanging Baubles Pack 4 Gold, 1 x Traditional Nutcracker with Drum Red & Black, 1 x Traditional Nutcracker with Baton Red & Black, 1 x Reindeer w Turning Head 12.5" Burgundy, 1 x Sitting Flocked Reindeer Burgundy, 2 x Hanging Christmas Pinecone Pack 3 Matte Gold, 3 x Wooden Nutcracker Clips Set 6, 1 x Red Berry & Gumnut Pine Garland Green (150cm), 1 x Red Berry & Gumnut Pine Wreath Green (50cmD), 1 x Real Touch LED Table Top Tree Green (46cm), 2 x Christmas Berry Burlap Table Top Tree Red, 12 x Christmas Poinsettia Flower Clip Burgundy.
15. If the prize or parts of the prize pool become unavailable for whatever reasons, the Promoter may substitute an item of equal or greater value, subject to State Regulation.
16. This promotion is a game of skill and chance plays no part in determining the winner. Each valid entry received during the competition period will be judged by the promoter based on the creativity of the response to the question asked.
17. The answers deemed most creative by the Promoter will be judged the winner.
18. The Promoter's decision is final, and the Promoter will not enter into correspondence regarding the Competition result.
19. The prize is not redeemable for cash, nor is the prize transferable or exchangeable.
20. The draw will be conducted on Monday 4th December 2023. The winner will be notified within 2 business days of the draw. The winner will be notified of their prize via private message and have 48 hours to respond with their contact details. The winner's name will be announced on the Promoter's Facebook, Instagram, and Tiktok pages.
21. The Promoter will use reasonable endeavours to contact the winner via private message. If for any reason the Promoter is unable to make contact with a winner within 48 hours, then the winner will forfeit the prize and another winner may be selected on the same terms and conditions as the original draw.
22. The prize will be posted to the winner at the discretion of the promoter. The prize winner should allow up to 7 days from the draw for the prize to be dispatched from our premises.
23. Once the prize has left Koch & Co’s premises, the Promoter takes no responsibility for prizes damaged, delayed, or lost in transit.
24. By accepting the prize, the winner agrees to participate in and cooperate as required with all reasonable media editorial requests relating to the prize, including but not limited to, being interviewed, photographed, and/or filmed.
25. All participants undertake to comply with the publicity requirements of the promoter and grant the promoter and its affiliates the irrevocable, perpetual, non-royalty right to feature or publicise on any platform owned/operated by promoter any materials submitted by the participants.
26. Personal information of participants will be collected to enable the promoter to administer and promote this promotion and to contact the winner and may also be provided to other third parties assisting the promoter in this regard, including without limitation, prizes' suppliers and deliverers, and authorities. If a participant does not truthfully provide all the requested personal information, the Promoter reserves the right to disqualify or reject his/her entry.
27. Koch & Co Pty Ltd reserves the right to amend these terms and conditions at any time and without notice. Participation in this Promotion shall constitute acceptance of these terms and conditions and the amendment thereof.
28. The promoter, its affiliates, agents, employees, directors will not be responsible or liable for:
i. any losses, damages, liabilities, deaths, injuries, claims, demands and/or proceedings (collectively the “Liabilities”) incurred or suffered by any party due to any delay and/or failure (including lost entries) in receiving and submitting the entries as a result of any communication error, interruption, human error and/or failure by the promoter and/or any third party;
ii. any Liabilities incurred or suffered by any participant or his/her authorised representatives resulting from their participation in this Promotion or fulfilment of any prizes;
iii. any error (including error in notification of winners), omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorised access to entries, or entries lost or delayed whether or not arising during operation or transmission;
iv. any changes made by Promoter or any third party supplier, or the organiser, administrator or sponsors of this promotion or the prizes; and/or
v. any liabilities incurred or suffered arising from any act beyond their control or for any act, omission or default of any third party.
29. This Promotion and these terms and conditions shall be governed by the laws of Australia.