The Promoter

The “Promoter” is Zespri International (Australia) Pty Ltd, a duly incorporated company with its registered office at Level 19, 181 William Street, Melbourne, Victoria 3000, Australia (“Zespri”).

Who can enter?

Australian residents who are aged 18 or over.

Who can’t enter?

Directors, officers, management and employees (and the Immediate Family Member) of:
a) the Promoter; and
b) the agencies, companies or participating retailers associated with this promotion. “Immediate Family Member” means any of the following: spouse (including same sex spouse), ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, natural or adopted sibling or step sibling grandparent, step-grandparent, uncle, aunt, niece, nephew, or first cousin.

Promotion Website

www.zespri.com/en-AU/holiday

Purchase Period

09:01am (AEST) 10/5/2023 to 11:59pm (AEDT) 25/7/2023.

Promotion Period

09:01am (AEST) 10/5/2023 to 11:59pm (AEDT) 25/7/2023.

Participating Retailers

All ALDI Stores (A Limited Partnership) ABN 90 196 565 019 (ALDI Stores) across Australia selling Zespri™ SunGold™ Kiwifruit

Participating Products

Zespri™ SunGold™ Kiwifruit

Entry Instructions

a) during the Purchase Period, purchase* a Participating Product from a Participating Retailer (“Qualifying Purchase”);

b) collect and retain a copy of the purchase receipt from the Qualifying Purchase;

c) during the Promotion Period visit www.zespri.com/en-AU/holiday using a compatible browser, and fully complete and submit the online entry form, providing all details required, including but not limited to:

1. any requested information about the Participating Product and Qualifying Purchase (including product purchased, purchase location and purchase date);
2. answering in 25 words or less “why you should win a holiday to the Gold Coast”;
3. uploading a copy of the Purchase Receipt from the Qualifying Purchase (“Qualifying Purchase Receipt”) in an accepted file size/format;
4. any requested personal information (including first name, last name, mobile phone number, email address, state and confirmation that the entrant is over 18 years of age); and
5. indicate acceptance of these Terms and Conditions.

*“Purchase” means to make payment in full for a Participating Product during the Promotion Period from a Participating Retailer. This Promotion is based on available stock only.

The Promoter is not responsible if your mobile device/desktop is not sufficiently capable for the purpose of submitting an entry, including having the required photograph capability.

How many Winners will there be and how will they be chosen and when will they be informed?

This competition will run as a Game of Skill and chance will play no part in determining the winner. There will be one (1) Winner determined in respect of this competition, based on originality and creativity, as judged by The Promoter.

Judging of the entries and selection of the Winner will take place at Dentsu Creative Pty Ltd, 20 Windmill St, Millers Point, NSW 2000 at 12:00pm (AEST) on 01/09/2023. The Winner will be notified via email and/or phone within three (3) business days of the date of selection. The Winner will have their name and state/territory of residence published on both the Zespri website from 08/09/2023 for a minimum period of 28 days.

The Promoter’s decision is final and no correspondence will be entered into.

What can I win?

There is one (1) x $10,000 (AUD) Flight Centre digital gift voucher available (“Prize”).

The Prize will be sent to the Winner's nominated email address as specified on their online entry form within ten (10) business days of verification.

The Prize will be subject to the Flight Centre digital gift voucher Terms and Conditions, which can be found at https://www.flightcentre.com.au/gift-card-terms-and-conditions.

Total prize pool

The total prize pool is $10,000 AUD (incl. GST).

How many times can I enter?

Multiple entries are permitted, provided you only enter once per itemised receipt. Each entry must be submitted separately in accordance with these Terms and Conditions. No receipt sharing allowed.

Proof of Purchase

The following documentation must form part of a valid online entry:

1. Qualifying Purchase Receipt: the Qualifying Purchase receipt must clearly specify:

• the Participating Product purchased;
• the price of the Participating Product purchased;
• the Participating Retailer of purchase;
• the purchase date;
• the receipt number; and
• that payment for the Qualifying Purchase has been received in full.

If the Qualifying Purchase receipt is missing any of the above information, or is illegible or indecipherable, it will render the entry invalid.

If, in the Promoter's opinion, you have shared any proof of purchase with another person, your entries will be invalid and you will lose any right to a prize.

Unclaimed prize/s

Prize claim date: 11:59pm AEDST 01/12/2023.

Unclaimed prize determination: If the Prize has not been accepted by the Prize claim date above or if, after making all reasonable attempts, the Promoter can't contact the Winner (or the Winner does not contact the Promoter) by the Prize claim date above, the Prize will be forfeited by that person. If the Prize is forfeited, it will be offered to the next best valid entry judged in accordance with the criteria set out above. The Winner will be informed by email within three (3) business days of determination and will have their name and state/territory of residence published on the Website from 08/12/2023 for a period of 28 days.

If the Prize remains unclaimed at the end of this promotion, or if a Prize Winner cannot be found, that information will be published on the Website from 25/01/2024.

General Conditions:

1. Details above and the following clauses collectively form the terms and conditions of this Promotion ("Terms and Conditions"). These Terms and Conditions are governed by the laws of Victoria and each entrant agrees to submit to the non-exclusive jurisdiction of the courts of Victoria.
2. Each entrant is responsible for ensuring his or her familiarity with these Terms and Conditions at the time of participation. Participation in this Promotion is deemed acceptance of these Terms and Conditions. The Promoter’s decision not to enforce a specific restriction (whether communicated to a entrant or not) does not constitute a waiver of that restriction or of these Terms and Conditions generally.
3. To the full extent permitted by law, the Promoter’s decision in relation to any aspect of these Terms and Conditions and the Promotion is final and binding on every person who participates. No correspondence will be entered into.
4. This Promotion is not valid in conjunction with any other offer.
5. Any values stated in these Terms and Conditions are in AUD/RRP/including GST.
6. Entrants can only participate in the Promotion in their own name. Entrants who enter using multiple aliases (e.g. multiple names, addresses, phone numbers and/or email addresses) will be disqualified.
7. All entrants acknowledge that the Promoter can rely on these Terms and Conditions, even if the Promoter learns of a person’s ineligibility after the Promoter has awarded a Prize to an ineligible person. Return payment to the value of the Prize may be required if this occurs.
8. Incomplete, indecipherable or incorrect entries will be deemed invalid. Entrants are responsible for ensuring their correct personal details are provided and any updated details are notified to the Promoter. The Promoter accepts no responsibility should an Eligible Entrant fail to receive their Prize because of a failure to notify the Promoter of correct details or of a change to their details, or for providing invalid information.
9. Entries are deemed to be received at the time of receipt into the Promoter's database, not time of transmission by the entrant.
10. The Promoter does not warrant that the entry mechanism will be available, or that Participating Retailers will be open at all times during the Promotion Period.
11. The Promoter is not responsible for any undelivered emails due to a entrant’s spam filters or email settings.
12. The Promoter shall not be liable for a Prize being lost, deleted, stolen, damaged or tampered with in any way before it reaches a entrant or after it has been released to a entrant. A Prize will not be re-issued if a entrant uses and then refunds/returns an order.
13. Any costs associated with accessing the Promotion or Prize provider’s website, or associated with redeeming a Prize are the entrant’s responsibility and are dependent on the internet service provider used. Eligible Entrants must submit their entry manually using a compatible internet browser. The use of any automated software or any other mechanical or electronic means that allows an entrant to automatically submit entries in the Promotion repeatedly is prohibited and will render all entries submitted using such means invalid.
14. The Promoter may, in its sole discretion, declare any entry or entrant invalid if the entrant:
    

    a) disrupts, annoys, abuses, threatens, harasses or attempts to do any of these things to the Promoter, another entrant or potential entrant of, or anyone else associated with this Promotion;

    b) submits a entry that is not in accordance with these Terms and Conditions or who tampers with the entry process; or

    c) engages in conduct in relation to this Promotion which is misleading, deceptive, fraudulent or damaging to the Promoter's goodwill or reputation.

15. If this 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, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law to modify, suspend, terminate or cancel the Promotion, as appropriate, subject to any directions from any relevant authority.
16. As a condition of claiming a Prize, the entrant may be required to (at the Promoter’s discretion) sign any legal documentation in the form required by the Promoter and/or the Prize provider, in their reasonable discretion.
17. The Promoter may communicate or advertise this Promotion via Facebook or Instagram. However, the Promotion is in no way sponsored, endorsed, administered by, or associated with Facebook. Entrants are providing their information to the Promoter and not to Facebook. Each entrant completely releases Facebook from any and all liability.
18. The Prize must be taken as offered and may not be varied. The Prize is not transferable, exchangeable, or redeemable for cash. If a Prize is unavailable for any reason, the Promoter reserves the right to substitute another Prize of equal or greater value, or element of it, subject to the approval of any relevant authority.
19. Except for any liability that cannot be excluded by law, and except to the extent caused by the negligence or wilful misconduct of the Promoter, the Promoter (including its officers, employees and agents, and the Participating Retailers and all agencies associated with the Promotion) excludes all liability 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, including, but not limited to, where arising out of the following: (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 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 the Prize value to that stated in these Terms and Conditions for any reason beyond the Promoter's control; (e) any tax liability/implications incurred by an entrant; or (f) use of a Prize.
20. The Promoter is not responsible or liable for any loss, damage or injury suffered by a winner as a result of the conduct of any third party supplier or otherwise as a result of the winner accepting and/or using a prize, except for any loss, damage or injury which is due to the negligence or wilful misconduct of the Promoter or which otherwise cannot be excluded by law.
21. Entrants confirm and promise that their entry is original, and does not infringe the intellectual property rights of any third party.
22. Entrants agree to, at the Promoter's reasonable request, participate in any Promotion activity (such as publicity and photography) relating to participating in the Promotion, free of charge.
23. CAUTION: Any attempt to deliberately undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to refer the matter to law enforcement authorities and/or to seek damages or such other civil remedies as the Promoter may determine from time to time to the fullest extent permitted by law.

Personal Information:

1. Immediately upon submission by an entrant, their entry becomes the sole property of the Promoter.
2. All information entrants provide (“Personal Information”) will be used by the Promoter for the purpose of administering this Promotion and awarding the Prize. If Promoter does not collect your Personal Information, you cannot enter the Promotion.
3. The Promoter may disclose entrants’ Personal Information to its contractors and agents to assist in conducting this Promotion and as required, to Australian regulatory authorities. Entrants Personal Information may also be disclosed to contractors located in Singapore and Entrant’s Personal Information will be stored by Promoter’s digital agency on servers located within Singapore.
4. Personal Information collected from entrants is subject to the Promoter's Privacy Policy at Privacy Page (zespri.com).
5. The Privacy Policy contains information on:

   a) how an entrant may access the Personal Information that is held by the Promoter and seek correction of such information; and

   b) how an entrant may complain about a breach of the Australian Privacy Principles, or a registered privacy code that binds the Promoter, and how the Promoter will deal with such a complaint.

   If an entrant has any questions regarding their privacy, they should contact the Promoter using the contact details contained in this Privacy Policy.
6. The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1988.