https://www.michels.com.au/cakeofthemonth
Win our cake of the month
There's a cake to be won every day in January and February!
TERMS AND CONDITIONS OF ENTRY FOR
MICHEL’S PATISSERIE
CAKE OF THE MONTH
COMPETITION (“PROMOT
ION”)
By entering
the
P
romotion
in accordance with clause 4 below
, you are agreeing to the
following terms
and conditions (“
Terms and Conditions
”):
1.
Information
about the Terms and Conditions
1.1
Informatio
n on how to enter and the Prize
form part of these Terms and Conditions. All entries
must comply with these Terms and Conditions to be valid.
1.2
Entrants are responsible for ensuring their familiarity with the Terms and Conditions at the time of
participation. The Promoter’s decision not to enforce a specific restriction (whether communicated
to an Entrant or not) does not constitute a waiver of that restriction or of the Terms and Conditions
generally.
1.3
All Entrants acknowledge that the Promoter can rely on these Terms and Conditions even if the
Promoter only learns of a person’s ineligibility af
ter the Promoter has awarded a Prize to the
in eligible person. Return of the Prize or payment of its equivalent value to the Promoter may be
required by the Promoter if this occurs.
1.4
Entries not complying with these Terms and Conditions are ineligible and the Promoter reserves
its ab
solute right to
disqualify any Entrant fro
m the Promotion if any entries d
o not comply with
these Terms and Conditions.
2.
Entrants
& Requirements
2.1
Entry is open to Australia
n
residents
aged eighteen
(18) years
or older (“
Entrant
”).
2.2
Employees of the Promoter, including all retail staff and their immediate families (including but not
limited to spouse, ex
-
spouse, de
-
facto spouse, child or step
-
child (whether natural or by
adoption), parent, step
-
parent, grandparent, step
-
grandparent, u
ncle, aunt, niece, nephew,
brother, sister, step
-
brother, step
-
sister or cousin) and associated agencies, providers and
companies of the Promoter associated with this Promotion are not eligible to enter.
2.3
Entry to the Promoti
on is only open to individuals
.
2.4
Entrants can only enter in their own name. The Promoter reserves the right to verify the validity of
entries and Entrants (including age and place of residence) and to disqualify any Entrant who
submits an Entry that is not in accordance with these Term
s and Conditions or if the Entrant is
engaged in any unlawful o
r
other improper conduct which jeopardises the proper conduct of the
Competition. The Promoter’s legal right to recover damages or other compensation in such
instances is reserved. If the Promo
ter suffers loss or incurs any costs in connection with any
breach of the Terms and Conditions or any other legal obligation of the Entrant, the Entrant
agrees to indemnify the Promoter for those
losses, damages
and costs.
2.5
Individuals who meet the crite
ria in Clause 2 are ‘
Eligible Entrants
’
or ‘
Entrants
’.
3.
Promotion Period
3.1
The Promotion commences at
12:00pm
(AEST) on
8
January 2018
and closes at
11:59pm
(AEST) on
28 February 2018
(“
Promotion Period
”).
3.2
The Promoter accepts no responsibility for any entries not received for any reason during the
Promotion Period.
4.
How to Enter
4.1
Entry is via the Internet.
4.2
To be eligible for E
ntry, an Entrant must during the Promotion Period:
(a)
Visit
https://www.michels.com.au/cakeofthemonth
(“
Page
”);
(b)
Enter their email address; and
(c)
Submit their details so they are received during the Promotion Period (“
Entry
”).
4.3
An E
ntry is deemed to be completed upon receipt of a completed and valid
E
ntry
in accordance
with clause 4.2
4.4
Any Entries that contain an identical
email address
will
be invalid and will be di
sregarded except
for the first E
ntry to submit the response which
will be accepted as a valid
E
ntry.
4.5
The Promoter is not responsible for receipt of incorrect, inaccurate or incom
plete information
caused by an E
ntrant or occurring during transmission. Further, the Promoter shall not be
responsible for any entries that a
re not received or are otherwise interfered with due to problem
s
with communication services.
4.6
Entries are deemed to be received at the time of receipt into the Promoter’s datab
a
se, not time of
transmission by the Eligible Entrant.
4.7
By submitting a
n Entry
, Entrants acknowledge and agree to be bound by these Terms and
Conditions as posted as a link in the
F
acebook
,
Instagram
or relevant social media
post
promoting the competition
.
4.8
The use of automatic E
ntry software or any other mechanical or electronic means that allows an
Entrant to automatically enter the Promotion
repeatedly
is prohibited and will render
all entries
submitted by the Entrant invalid.
4.9
The Entrant may not submit more than one Entry du
ring the Promotion Period.
5.
Prize Draw & Notification of Winners
5.1
At
9:00am
(AEST)
on each day between
8 January 2018 to 28 February 2018
(“
Prize Draw
Day
s
”), the Promoter will
announce (“1
”)
winner
as determined by the Promoter (in its absolute
discretion and based on these Terms and Conditions)
, being fifty one (“51”) winners in total
over
the course of the Promotion
(
“
the
Winners
”
) who will win the Prize.
5.2
Judging will take place at
1 Olympic Circuit, Southport, Queensland 4215.
5.3
Each
Winner will be determined by the Promoter using random coding in an excel spreadsheet
based on data collected from Entrants from their Entries, or as otherwise determined by the
Promoter in its absolute discretion.
5.4
All valid entries received during the
Promotion Period will be entered into the draw, and stand a
chance to win a Prize (as defined in clause 6 below).
5.5
The Promoter reserves the right at, any t
ime to verify the validity of P
rize claims and disqualify
any Entrant who submits a
P
rize claim that is not in accordance with these Terms and Conditions
or who tampers with the Entry Process. Errors or omissions may be accepted at the Promoters
discretion. Failure by the Promoter to enforce any of
its
rights at any stage does not constitu
te a
waiver of those rights.
5.6
If there is a dispute as to the identity of an Entrant
or Winners
, the Promoter reserves
the right, in
its sole discretion, to determine the identity of the Entrant or Winners.
5.7
In the event that
a
Winner
is
unable to be contacted,
the Winner is deemed to have forfeited the
Prize and the Promoter r
eserves the right to award the P
rize to another Entrant at its sol
e and
absolute discretion. The P
rize remains the property of the Promote
r until claimed by the P
rize
W
inner.
6.
Prize
6.1
The Winners will
receive
either one (1) Hummingbird Banana Cake, if their details were drawn in
January, or one (1) Carrot & Dolce Caramel Cake, if their details were drawn in
February
(
“
Prize
”)
.
6.2
The Prize
s
are
valued at $
80 each
(inclusive of all taxes, fees and GST).
6.3
The Prize is to be taken ‘as is’ and without any kind of warranty or customisation.
6.4
If the Prize or part of the Prize is unavailable, for whatever reason, the Promoter, in its absolute
discretion, reserves the ri
ght to substitute and or vary the
Prize (or part thereof) with a P
rize to the
equal value and or specification, subject to any discretion from a State and/or Territory regulatory
authority where necessary.
6.5
Winners will be contacted by the Promoter to coll
ect their Prize from their local Michel’s Patisserie
store. Collection must occur on the same day as confirmation from the Promoter that the Prize is
available.
6.6
T
he Prize or any unused portion of the Prize is not transferable or exchangeable and cannot be
taken for cash. Any ancillary
costs associated with redeeming the Prize are not included and
must be borne by the Winners. If for any reason a Winner does not tak
e a Prize (or any portion of
that Prize) by the time stipulated by the Promoter, the Prize (or any unused portion of that Prize)
will be forfeited.
7.
Social Media
7.1
Entry and continued participation in the Competition is dependent on the Entrant following an
d
acting in accordance with the
Facebook Statement of Rights and Responsibilities
, which can be
viewed at
https://www.facebook.com/legal/termsand
Instagram’s Privacy Policy
, which can be
viewed at
https://help.instagram.com/155833707900388/?helpref=hc_fnav.
7.2
This
Promotion
is in no way
sponsored, endorsed or administered by, or associated with,
Facebook or Instagram. Entrants
understand that they are providing their information to the
Promoter and not to Facebook, or Instagram or any other social media platform. The information
any Entrant provides will only be used for the purposes outlined in the Terms and Conditions.
Any qu
estions, comments or complaints about this Competition must be directed to the Promoter
and not to Facebook, Instagram or any other social media platform.
7.3
Facebook, Instagram or any relevant social media platform will not be liable for any loss or
damage
or personal injury which is suffered or sustained by any Entrant, as a result of
participating in the Promotion except for any liability which cannot be excluded by law.
8.
Privacy Policy
8.1
The Promoter’s privacy policy can be read at
https://www.rfg.com.au/index.php/privacy.
8.2
Any personal information collected from the Entrant will be used by the Promoter for direct
marketing purposes only and will not be disclosed or on
-
sold to ot
her promoters.
8.3
By submitting your Entry into this Promotion you are accepting the Terms and Conditions herein
and you are expressly consenting to the Promoter using your personal information to send to you
any direct marketing by any method available to
the Promoter.
9.
Costs and expenses
9.1
Any costs associated or arising in connection wit
h winning a P
rize or, with accessing the
promotion
website or Page is the E
ntrant’s responsibility and is dependent on the internet service
provider used. Eligible
Entrants must submit their entries manu
ally using an internet browser.
9.2
Any tax liability arisin
g as a result of accepting any P
rize is the responsibility of each Winner
.
10.
Intellectual Property
10.1
Entrants consent to the Promoter using the Entrants name, likeness, image
and/
or voice
in the
event they are a Winner in any media for an unlimited period without remuneration for the
purpose of promoting this Promotion (including any outcome), and promoti
ng
any
manufacture
r
,
distribute
r
and/or supplie
r used
by the Promoter.
10.2
All entries become property of the Promoter. By
entering this Promotion, each E
ntrant is taken to
consent to the Promoter using the Entrant’s personal information to administer the Pro
motion,
announce the Winners and disclose the Entrant’s personal information to organisations that
assist the Promoter with administering the Promotion and announcing the Winners, and to third
parties as required by law (including authorities that regulate
this Promotion, as the case maybe).
The Promoter is bound by the National Privacy Principles, in the
Privacy Act 1988
(Cth) and by
entering this Promotion, the Entrant is taken to consent to the Promoter’s privacy policy
.
10.3
The Promoter collects personal i
nformation in order to conduct the Promotion and may, for
its
purpose, disclose such information to third parties, including but not limited to agents,
contractors, service providers, prize suppliers and, as required, to Australia
n
regulatory
authorities.
Entry is conditional upon providing this information. It is
a
condition of Entry that the
Entrant agrees to be entered into the database. The Promoter may, for an indefinite period,
unless otherwise advised, use the information for promotional, marketing p
ublicity, research and
profiling purpose
s
, including sending electronic messages, sending newsletters and other
promotional offers or telephoning the Entrant. Entrants should direct any requests to opt out,
access, update or correct information to the Prom
oter, in writing.
10.4
All personal details of Entrants will be stored at the office of the Promoter. Upon the Entrant’s
request, all information provided will be removed from our active database. To request for these
details to be removed, Entrants should
direct any requests to the Promoter, in writing.
Information will be removed as soon as reasonably possible in accordance with applicable laws.
11.
No liability
11.1
Except
for any liability that cannot be excluded
b
y law, the Promoter (inclu
ding
its officers,
em
ployees, agents and related bodies corporate) shall
not
be responsible for
any
liability
(including negligence)
,
any personal injury, or any loss of damage (including loss of opportunity)
whether direct
ly
,
indirectly or
consequential
ly
arising in any way
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 part interference;
(c)
any E
ntry o
r P
rize 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;
(d)
any tax liability incurred by the Winners or any Entrant;
or
(e)
the
taking of and red
emption of the Prize.
11.2
If for any reason, the Promotion is not capable of being run as planned, including due to infection
by computer virus, bugs, network failure, tampering, unauthorised intervention, fraud or any other
causes outside the Promoters
control which corrupt or affect the administration, security,
fairness, integrity or proper conduct of the Promotion, the Promoter reserves the right, in its
absolute discretion to take any action that may be available to it, including,
but not limited to
cancelling, terminated,
modifying
or
suspending this
Promotion.
11.3
The laws of Australia apply to this Promotion, Entrants submit to the exclusive jurisdiction of the
courts of Australia.
12.
General Information
12.1
The Promoter’s decision in relation to an
y
aspect of these Terms and Conditions is final and
binding on every person who enter
s
. No correspondence will be entered into. Prizes will only be
awarded following any winner validation and verification that the Promoter requires.
12.2
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:
(a)
disqualify the Entrant; or
(b)
to modi
fy, suspend, extend, terminate or cancel the Promotion.
12.3
Nothing in the Terms and Conditions limit, exclude or modify or purports to limit, exclude or
modify the statutory consumer guarantees as provided under the
Competition and Consumer act
,
as well as a
ny other implied warranties under similar co
nsumer protection laws.
12.4
A request by an Entrant to change or modify any information provided should be directed to the
Promoter in writing.
13.
Promoter Details
The Promoter is RFGA Management Pty Ltd ACN 071 765
609 of 1 Olympic Circuit, Southport in
the state of Queensland and its substitutes, successors and permitted assigns (“
the Promoter
”).
For more information, call
07 5591 3242.
NSW Permit No.
LTPS/17/
2085
6
Australian Competitions Club
