Coconut Bowls Gift T&Cs

VITAMIX COCONUT BOWLS 
GIFT WITH PURCHASE CAMPAIGN ("OFFER")  
 
TERMS AND CONDITIONS 

 

1. Instructions on how to claim and the Gift Pack form part of these terms and conditions. Claims must comply with these terms and conditions to be valid. Submission of an Online Claim Form (defined in clause 10e below) is deemed acceptance of these terms and conditions. 

2. The promoter is FACKELMANN HOUSEWARES PTY LIMITED ABN 89 601 910 776 of 105 Vanessa Street, Kingsgrove, NSW 2208 ("Fackelmann Housewares" or "Promoter").  

3. The Offer commences at 9:00 am (AEDT) on Friday, 1 April 2022, and closes at 11:59 pm (AEST) on Sunday, 8 May 2022 ("Offer Period"). The Offer Period may be extended at the sole discretion of the Promoter. Participating Product (defined below) Purchased after the Offer Period are not eligible. 

4. Claimants must submit their Online Claim Form by 11:59pm (AEST) on Sunday, 22 May 2022 ("Claim Deadline") Online Claim Forms received after the Claim Deadline will not be accepted.  

5. The promotional gift consists of one gift pack (“Gift Pack”) described as the “Coconut Bowls Gift Set Bundle” in clauses 13 and 15 below.  

6. To redeem the Gift Pack, claimants must 

a. Purchase the Participating Product from a Participating Australian retailer during the Offer Period.  

b. Satisfy the other eligibility and claim requirements in these terms and conditions below 

7. Limit of one (1) Gift Pack total applies per household. Gift Packs are not redeemable for cash. This Offer is only available whilst stocks last.  

 

Definitions  

8. For the purposes of these terms and conditions:  

a. "Immediate Family Member" 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, stepbrother, step-sister or first cousin.  

b. "Participating Product" means any of the Vitamix products listed in the table below by model name and number that are supplied by Vitamix in Australia and sold directly by Fackelmann Housewares or by a Participating Retail Store:  

 

Model name 

Model number 

Ascent ® 3500i 

V068011 & V063213 

 

c. "Participating Retail Store" means any one of the Australian retail stores operating under the following names that is authorised by Fackelmann Housewares to sell the Participating Product and has been invited by the Promoter to participate in the Campaign:  

i. David Jones 

ii. Myer 

iii. Kitchen Warehouse 

iv. Peter’s of Kensington  

v. Chef’s Hat 

vi. VitamixAustralia.com.au 

The Promoter recommends that prior to purchasing a Participating Product, each claimant verify with the retailer that it is a Participating Retail Store.  

d.  Proof of Purchase” means an original tax invoice clearly confirming a Purchase. The Proof of Purchase must clearly specify:  

i. The Participating Product that was Purchased.  

ii. The price paid for the Participating Product.  

iii. The Participating Retail Store in which the Participating Product was Purchased.  

iv. The date that the Participating Product was Purchased during the Offer Period and prior to the entry being made.  

e.Proof of Model Number” means proof of the model number of a Participating Product by Vitamix.  

f.Purchase” means either making full and final payment for a Participating Product during the Offer Period or successfully and validly purchasing a Participating Product by entering a final and binding finance agreement in relation to a Participating Product during the Offer Period. This does not include laybys unless the final layby payment is made during the Offer Period. Use of services such as Afterpay and Zip pay transactions does not constitute a Purchase unless payment is made in full during the Offer Period.  

 

Privacy 

9. Claims remain the property of the Promoter. Fackelmann Housewares and its agents collect personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including, but not limited to, agents, contractors, service providers, offer suppliers and, as required, to Australian regulatory authorities. Participation is conditional on providing this information. Fackelmann Housewares and its agents may, for an indefinite period, unless otherwise advised, use the personal information collected for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning a claimant. Claimants acknowledge that the personal information they provide will be collected by or on behalf of Fackelmann Housewares and may be disclosed to other group companies and to third parties that help Fackelmann Housewares deliver its products and services (including suppliers, contractors, dealers, agents and business partners) or as required by law. Claimants should direct any request to access, update or correct information to Fackelmann Housewares Privacy Officer. These terms and conditions are deemed to incorporate Fackelmann Housewares & Vitamix Australia privacy policy and by submitting an Online Claim Form, each claimant accepts the terms and conditions of Fackelmann Housewares privacy policy. For further details see https://www.vitamixaustralia.com.au/pages/privacy-policy 

 

Eligibility 

10. To be eligible for this offer, you must:  

a. be an Australian resident currently living in Australia with an Australian residential and postal address;  

b. be aged 18 years old or over, or if under the age of 18, have obtained the consent of their parent or legal guardian to participate in this Offer;  

c. not be an employee of the Promoter, of a Participating Retail Store or of any agency associated with this Offer, or be an Immediate Family Member of such a person;  

d. be the Participating Product’s end-user, meaning the claimant must Purchase the Participating Product for their own use and not for re-sale, re-supply, rental, or any other indirect use;  

e. make a Purchase and retain the original Proof of Purchase in respect of that Purchase. Visit vitamixaustralia.com.au/coconutbowlsgift (“Website”) by the Claim Deadline; and follow all of the prompts and instructions, which may include asking the claimant to do any of the following: 

i. Retain original packaging and Proof of Purchase 

ii. Visit the online claim form located at the Website (“Online Claim Form“) and provide 

1. Information including the claimant's full name, contact telephone number, email address and residential address; and 

2. A scanned copy or photograph of the Proof of Purchase, clearly showing the model number of the Participating Product that was Purchased, the date of purchase, the price paid and the Participating Retail Store. 

The Promoter and its associated agencies accept no responsibility for lost, stolen, late, damaged or misdirected entries. Claimants must ensure that all personal details provided are correct. 

 

Validation of Claims: 

11. The Promoter will:  

a. ensure that the Proof of Model Number provided by a claimant is valid; and  

b. ensure that the Proof of Purchase submitted by each claimant is valid.  

12. Once a claimant's claim has been validated, the Promoter will notify the claimant by the email address provided by the claimant to confirm that their claim was successful. 

     

    Gift Pack 

    13. The Gift Pack consists of one (1) Coconut Bowls Gift pack, valued at $160.30. This gift is not redeemable for cash. This Offer is available only while stocks of the Gift Pack last.  

    14. Subject to clause 13 above, each claimant whose claim is validated will receive the Gift Pack.  

    15. The Gift Pack will be delivered to claimants directly, is subject to any delivery or processing delays and consists of the following items: 

    a. 4 Coconut Bowls 

    b. 4 Bamboo Cups (M) 

    c. 4 Wooden Spoons 

    d. 4 Bamboo Straws 

    e. 1 Smoothie Scooper 

    There will be no delivery fee for deliveries made within Australia. Change of delivery address requires 7 calendar days notice by contacting hwenquiries@fackelmann.com.au. If a delivery has already been dispatched before any change of delivery address is notified claimant may not receive the delivery and Fackelmann Housewares will not be liable for the delivery. Claimants may not delay any delivery or change the contents of the Gift Pack. 

    16. For each claimant notified of a successful claim, Fackelmann Housewares will endeavour to deliver the Gift Pack within 28 business days of the notification email.  

    17. If any Gift Pack or element of it becomes unavailable for reasons beyond the Promoter's control, the Promoter may substitute a gift or element of a Gift Pack of equal or greater value at the Promoter's sole discretion, subject to any written directions from the relevant authorities. Claimants will not be entitled to any additional compensation in the event that the Gift Pack or element of a Gift Pack has been substituted at equal or greater value. 

    18. Limit of one (1) Gift Pack per household. Eligibility to receive the Gift Pack is non-transferable and non-assignable and no substitutions or cash redemptions are permitted except at Promoter's sole discretion or as otherwise provided herein. The Promoter’s decision is final and binding. 

     

    Invalid Claims 

    19. In the event that Fackelmann Housewares determines in its sole discretion that a claimant has provided an invalid Proof of Model Number and/or Proof of Purchase, that claimant will be notified via the email address ("Notification Email") provided by the claimant of the reason for this determination. The claimant will have until 11:59 pm (AEST) on the fourteenth (14th) calendar day after the Notification Email is sent to provide a valid Proof of Model Number and/or Proof of Purchase, as applicable, by responding to the Notification Email.  

    20. The Promoter may invalidate a claim if a claimant fails to provide a valid Proof of Model Number and/or Proof of Purchase by the fourteenth (14th) calendar day after the Notification Email is sent.  

    21. The Promoter may, at any time, verify the validity of claims and claimants (including a claimant's identity, age and place of residence, Proof of Purchase and Proof of Model Number provided as part of a claim) and to disqualify any claimant who submits a claim that is not in accordance with these terms and conditions or who tampers with the claim process. All decisions of the Promoter are final and no correspondence will be entered into. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.  

    22. Incomplete, indecipherable or illegible claims will be deemed invalid. Claimants are responsible for ensuring their correct contact email address and other details are provided and any updated details are notified to the Promoter. The Promoter accepts no responsibility should a claimant fail to notify the Promoter of correct details or of a change to those details, or for otherwise providing incorrect information. 

     

    General  

    23. If a Participating Product, details of which are submitted as part of a claim, is returned for a refund or exchange, that claim is disqualified from the Offer and the claimant is not entitled to receive a Gift Pack for that claim.  

    24. Any costs associated with this Offer and making a claim is each claimant's responsibility. The Promoter makes no guarantee of the availability of its web services and will not be held responsible for any interruption of service that may interfere with a claimant's ability to participate in this Offer. All taxes (excluding GST) which may be payable as a consequence of receiving a Gift Pack are the sole responsibility of the claimant.  

    25. Nothing in these terms and conditions limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these terms and conditions would contravene any statute or cause any part of these terms and conditions to be void (“Non-Excludable Guarantees”). Subject to the limitations in the preceding sentence, the Promoter excludes from these terms and conditions all conditions, warranties and terms implied by statute, general law or custom. Except for liability in relation to a Non Excludable Guarantee, the Promoter (including its officers, employees and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise, for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits); whether direct, indirect, special or consequential, arising in any way out of the Offer, including, without limitation, 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 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 tax implications; (e) any variation in reward value to that stated in these terms and conditions; (f) any tax liability incurred by a claimant and/or (g) the Gift Pack or use of the GiftPack. 

    26. These terms and conditions are governed by the laws of New South Wales. Entrants submit to the non-exclusive jurisdiction of the courts of New South Wales.  

    27. Consumer support is available at:  

    Email: hwenquiries@fackelmann.com.au  

    Phone: 1800 709 714