Win 1/4 Mini Cake Mini Holidays
1. Information on how to enter, the gifts and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. The promoter (“Promoter”) is The Cheesecake Shop Pty. Ltd. (ABN 54 059 134 431) of 2 Lisbon Street FAIRFIELD EAST NSW 2165, telephone 61 2 9723 1011 (Australia) and 7B Canaveral Drive Rosedale Auckland 0632, telephone 64 9 475 9634 (New Zealand).
3. Entry is only open to Australian and New Zealand residents.
4. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.
5. Employees (and their immediate families) of the Promoter, any The Cheesecake Shop store in Australia or New Zealand, and agencies associated with this promotion are ineligible to enter. Immediate family 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, step-brother, step-sister or 1st cousin.
6. Promotion commences at 12:00am AEST on 14 May 2018 and ends for Orders at 11:59pm AEST (for Australian residents) and 11:59pm NZST (for New Zealand residents) on 10 June 2018 ("Promotional Period").
7. To enter, individuals must complete one (1) of the following during the Promotional Period:
(a) Online Orders: visit https://www.cheesecake.com.au/checkout/onepage/
(for Australian residents) or https://www.thecheesecakeshop.co.nz/checkout/onepage/
(for New Zealand residents) and follow the prompts to pre-order and pay for any one (1) or more Mini Cake product(s) in a single transaction during the Promotional Period (“Order”). At the time of submitting their Order, Entrants will have the option to be automatically entered into to the promotion (they must confirm this when prompted in order to be automatically entered). Entrants must ensure they provide their full name, telephone number and email address as part of their Order to be considered valid for the purposes of this promotion; or
(b) In-store Orders: Visit any The Cheesecake Shop store in Australia or New Zealand and purchase and pay for any one (1) or more Mini Cake product(s) in a single transaction during the Promotional Period (“Order”). Upon submitting their Order, Entrants must then visit https://www.cheesecake.com.au/mini-holiday/
(for Australian residents) or https://www.thecheesecakeshop.co.nz/mini-holiday/
(for New Zealand residents), follow the prompts to the promotion entry page and input the requested details (including their full name, email address, address, telephone number, receipt number for their Order and The Cheesecake Shop store where their Order was placed) and submit the fully completed online entry form.
8. Every valid entry received during the Promotional Period will be awarded the gift of a $5 voucher for their next full size cake purchase at The Cheesecake Shop. The voucher will be sent via email, and can be redeemed either in-store or online. The voucher will be valid for twelve (12) months from the date of issue.
9. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per Order (regardless of the number of Mini Cakes purchased in that Order in excess of one (1)); and (b) each entry must be submitted separately and in accordance with entry requirements
10. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
11. Incomplete or indecipherable transactions will be deemed invalid.
12. Entrants must retain their original purchase receipt(s) for all Orders as proof of purchase. Failure to produce the original purchase receipt(s) for all entries when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an entrant’s entries and forfeiture of any right to a prize. Purchase receipt(s) must clearly specify the store of purchase as The Cheesecake Shop’s Australian or New Zealand online store, that at least one (1) Mini Cake product was purchased and collected as required.
13. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
14. The draw will take place at The Cheesecake Shop Pty Ltd, 2 Lisbon Street, Fairfield East NSW 2165 at 12:00pm AEST on 12 June 2018. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. Winners will be notified in writing by email within two (2) business days of the draw and their names will be published at https://www.cheesecake.com.au/mini-holiday/
from 13 June 2018.
15. The first four (4) valid entries drawn will each win the major prize of a AUD$2,500 holiday credit to be redeemed at one (1) of the following locations: Adelaide, Hamilton Island, Hunter Valley or Mornington Peninsular. The prize will be awarded as a credit, redeemable through Flight Centre, on behalf of the Promoter. A representative of Flight Centre will liaise with each winner to create a holiday for the winner and one (1) companion valued at up to AUD$2,500 (including GST). Flight Centre will use its best endeavours to book the winner’s preferences, subject to availability and budget. The Promoter’s and Flight Centre’s decision with respect to all elements of organising and booking the prize is final and no correspondence will be entered into. The prize can only be used towards one (1) holiday and cannot be used to book multiple experiences. Whilst the Promoter will allow a portion of the AUD$2,500 to used towards spending money, a limit of AUD$1,000 applies. Prize must be taken by 12 June 2019. Prize cannot be taken during Australian or New Zealand school holidays, public holidays or other peak periods. Winners and their companions are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. During the entire duration of the prize, a nominated parent/guardian must accompany any person under 18 years of age.
16. The next fifty (50) valid entries drawn will each win a AUD$50 The Cheesecake Shop Gift Card.
17. Any ancillary costs associated with redeeming a The Cheesecake Shop Gift Card or voucher are not included. Any unused balance of a The Cheesecake Shop Gift Card or voucher will not be awarded as cash. Redemption of a The Cheesecake Shop Gift Card and voucher is subject to any terms and conditions of the issuer including those specified on The Cheesecake Shop Gift Card and voucher. The Cheesecake Shop Gift Cards will be valid for three (3) years from the date of issue.
18. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless stated otherwise.
19. Subject to the unclaimed prize draw clause, if for any reason a winner does not take / redeem a prize, then the prize will be forfeited and will not be redeemable for cash.
20. The total prize pool value of the drawn prizes is up to AUD$12,500.
21. If the winner of a prize is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian on the winner’s behalf.
22. The Promoter’s decision is final and no correspondence will be entered into.
23. A draw for any unclaimed prizes, may take place at 12:00pm AEST on 12 September 2018, at the same place as the original draw, subject to any directions from a regulatory authority. In the case of any winners, they will be notified in writing within two (2) business days of the draw and their names will be announced online at https://www.cheesecake.com.au/mini-holiday/
from 13 September 2018.
24. Entrants consent to the Promoter using the entrant's name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
25. 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, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
26. Any cost associated with accessing a promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
27. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia or any statutory consumer guarantees as provided under consumer protection laws in New Zealand (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) 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 promotion.
28. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) 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: (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 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 reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) redemption/use of a prize.
30. Applicable to New Zealand entrants only: The Promoter collects 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 and prize suppliers. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing and publicity purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update or correct information to the Promoter. All entries become the property of the Promoter.
31. The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.
Authorised under NSW Permit No. LTPS/18/23576 ACT Permit No. TP18/00663 SA Permit No. T18/579