TERMS AND CONDITIONS FOR THE BRUMBY S WIN FREE BREAD FOR A YEAR PROMOTION

Transcription

1 TERMS AND CONDITIONS FOR THE BRUMBY S WIN FREE BREAD FOR A YEAR PROMOTION By entering the Brumby s Bakery Win Free Bread for a Year Promotion ( Promotion ), you agree to the following terms and conditions ( Terms and Conditions ) and those located at 1. Definitions Eligible Entrant/Entrant means those persons who satisfy the criteria set out at clause 2 of the Terms and Conditions. Excluded Persons means: (i) (ii) (iii) any employee, agent, officer and/or related body corporate of the Promoter, including any immediately family member (being any parent, child or sibling, or other relative however related by blood or otherwise) of such persons as determined by the Promoter in its absolute discretion; any resident of South Australia; and persons under the age of 13 years. Facebook Page means the Promoter s Facebook Page located at Prize Prize Draw Day Promoter Promotion Period Winner(s) means 365 vouchers entitling the Winner to one (1) Brumby s Bakery sandwich loaf per day, valued at $1,660 AUD. means Thursday, 14 September means RFGA Management Pty Ltd ACN of 1 Olympic Circuit, Southport QLD 4215 and its substitutes, successors and permitted assigns. NSW Permit No LTPS/17/15161 means (AEST) on Monday, 10 July 2017 to (AEST) on Sunday, 27 August means the Eligible Entrant selected by the Promoter to receive the Prize in accordance with clause 4 of the Terms and Conditions. 2. Eligible Entrants 2.1 To be considered an Eligible Entrant for the purpose of this competition, a person must:

2 be an Australian Resident; and not be an Excluded Person. Customers who joined the Bread Lovers club before 10 July 2017 are automatically entered into the draw. 2.2 For Eligible Entrants who are less than eighteen (18) years of age: a parent or guardian of the Eligible Entrant must read these Terms and Conditions prior to the Eligible Entrant entering the Promotion; the parent or guardian is taken to have agreed to these Terms and Conditions on behalf of the Eligible Entrant; and the Promoter may require the parent or guardian to enter into a further agreement to evidence their consent was provided for the Eligible Entrant to enter the Promotion. 3. Entry 3.1 To enter the Promotion, an Eligible Entrant must: (d) visit the website located at sign up to the Bread Lovers program by entering certain details; confirm the registration by verifying the account using the verification link ed to the Eligible Entrant s address. Customers who joined Bread Lovers before 10 th July 2017 are automatically entered into the draw. 3.2 By submitting a response, Entrant(s) acknowledge (in addition to any other acknowledgment contained in these Terms and Conditions) that: they agree to be bound by the Terms and Conditions; if the Promoter becomes aware that an Entrant was an Ineligible Entrant after receiving the Prize, the Winner must return the Prize upon demand by the Promoter or pay the Promoter a sum equivalent to the value of the Prize; the Promoter may use an Entrant s personal information as follows: (i) (ii) (iii) to administer the Promotion; to announce the Winner; to disclose such information to organisations and third parties that assist the Promoter with the actions outlined in clauses 3.2(i) and (ii) generally; and

3 (iv) as required by law (which may include disclosure to authorities that regulate the Promotion, as the case may be). 4. Prize Draw and Notification of Winners 4.1 At about 9.00am (AEST) on the Prize Draw Day, the Promoter will select the Winner at random, by a process to be determined in the Promoter s absolute discretion. 4.2 The Promotion is a game of chance. 4.3 The Promoter will not enter into any further correspondence with respect to its selection of the Winner. 4.4 The Promoter s decision will be made at 1 Olympic Circuit, Southport QLD The Winner will be announced on the Facebook Page by 3.00pm (AEST) on Thursday, 14 September 2017 and will remain published on the Facebook Page for a period of time to be determined by the Promoter in its absolute discretion. 4.6 The Winner must contact the Promoter by or direct Facebook message to redeem the Prize on or before 12.00pm (AEST) on Wednesday, 20 September 2017, at which time the Winner should confirm the following information: Personal details, including phone number, address and postal address; and The Brumby s Bakery store at which the Prize will be redeemed. 5. General Disclaimers 5.1 The Promoter s decision with respect to any aspect of the Terms and Conditions and the Promotion is final and binding on every Entrant. 5.2 The Promoter reserves the right, at any time, to verify the validity of Prize claims and Entrants (including an Entrant s identity, age and place of residence) by making reasonable enquiries and to disqualify any Entrant(s) who submits a Prize claim that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at the Promoter s discretion. 5.3 Any use of automatic entry software or any other mechanical or electronic means which allows an Entrant to automatically enter the Promotion repeatedly is prohibited and will render all Entries submitted by that Entrant invalid. 5.4 If there is a dispute as to the identity of an Entrant(s), the Promoter reserves the right, in its sole discretion, to determine the identity of the Entrant(s). If the Winner(s) cannot be identified or otherwise contacted by the Promoter, the Promoter reserves the right to select another Entrant as the Winner. 5.5 If the Promoter suffers any loss or damage in connection with the breach of any of the Terms and Conditions, the Entrant agrees to indemnify the Promoter for such loss and damage and any costs associated with this and the Promoter reserves the right to recover any applicable damages or compensation. 5.6 The Promoter is bound by the National Privacy Principles in the Privacy Act 1988 (Cth). Any personal information collected from the Entrants and/or Winner(s) is subject to the Promoters privacy policy (located at and will not

4 be disclosed and/or sold to any third party or used for any other purpose unless expressly stated by the Promoter. 5.7 Any ancillary costs additional associated with redeeming the Prize, except for the cost of delivery (if any) are not included in the Prize and the Winner(s) must pay any such costs. 5.8 The total prize pool is valued at $1, AUD, being made up of 365 Brumby s Bakery vouchers. The vouchers must be redeemed at the Brumby s Bakery store nominated by the Winner. 5.9 The Prize may not be transferred or exchanged and cannot be redeemed as a cash prize If for any reason the advertised Prize is unavailable, the Promoter reserves the right to substitute the Prize with a prize of equal value to the original prize and such value may be determined by the Promoter in its absolute discretion If, for any reason whatsoever, the Winner does not accept or collect the Prize, and/or fails to redeem the vouchers, any unused portion of the Prize will be forfeited Each response submitted by an Entrant will be taken to be one (1) entry in the Promotion and there is no limit on the number of times each Entrant may enter the Promotion Entries will be deemed to be received at the time of receipt into the Promoter s database and not at the time of transmission by the Eligible Entrant The Promoter may vary the Promotion Period in its absolute discretion. If the Promoter varies the Promotion Period, it must post a comment to this effect on the Facebook Page The Winner(s) is responsible for any taxation liability (including any GST) or other government charges or reporting requirements arising from their participation in the competition or receipt of the Prize (if any). If participation in the Promotion or receipt of the Prize involves a taxable supply being made, then the Entrant(s) must pay any amount charged by the entity making the supply in respect of its GST liability on the supply. The Promoter does not offer any advice or accept any responsibility with respect to these matters All Entrant s irrevocably agree and consent to the Promoter using their name, likeness, image and/or voice in the event that they are a Winner in any media for an unlimited period without remuneration for the purpose of promoting this Promotion (including the outcome) and any products manufactured, distributed and/or supplied by the Promoter The Entrant(s) consent to the Promoter using their response and agree to transfer all intellectual property (if any) in their response to the Promoter once submitted 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 control of the Promoter, the Promoter reserves the right, to the fullest extent permitted by law to: disqualify any Entrant; or modify, suspend, extend, terminate or cancel the Promotion Nothing in these Terms and Conditions limit, exclude or modify or purport to limit, exclude or modify the statutory consumer guarantees provided by the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under similar

5 consumer protection laws Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees, agents and related bodies corporate) 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 the following: (d) (e) any technical difficulties or equipment malfunction (whether or not under the Promoter s control); any theft, unauthorised access or third party interference; 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 control of the Promoter; any tax liability incurred by the Winner(s) or any Entrant; and/or redemption of the Prize The law of Queensland applies to this Promotion These Terms and Conditions constitute the entire agreement between the parties relating to the Promotion The Promoter may, at any time, amend, add to or delete any of these Terms and Conditions The Promoter s failure or delay to exercise a power, right or remedy pursuant to the Terms and Conditions does not operate as a waiver of that power, right or remedy The obligations created by these Terms and Conditions are legally enforceable and binding on the Entrant(s) and Promoter An Entrant may change or modify any information that has been provided to the Promoter by directing a written request to the Promoter If any provision of these Terms and Conditions offends any law applicable to it in a jurisdiction and is as a consequence illegal, invalid or unenforceable in that jurisdiction then: where the offending provision can be read down so as to give it a valid and enforceable operation of a partial nature it must be read down to the extent necessary to achieve that result; and in any other case the offending provision must be severed from these terms and conditions for that jurisdiction in which event the remaining provisions of the Terms and Conditions operate as if the severed provision had not been included. For more information, call , the Brumby s Bakery Marketing team at emma.land@brumbys.com.au or visit