Title: Win 1 of 51 Cakes (Hummingbird Banana Cake/Carrot & Dolce Caramel Cake)/Michels Post by: oldfellow on Wednesday 10 January 2018, 03:09:02 am https://www.michels.com.au/cakeofthemonth
(https://www.michels.com.au/media/wysiwyg/Competition_landing-banner.jpg) 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/cakeof themonth (“ 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 , 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/terms and 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 |