https://www.facebook.com/bakersdelight/app_429653913767855AUS DAY COMP TERMS AND CONDITIONS
Information on how to enter and prizes form part of these conditions.
The Promoter is Bakers Delight Holdings Ltd. ABN 88 052 528 202 of Level 1, 293
Camberwell Road, Camberwell, Victoria 3124 (Promoter).
By entering this promotion you agree to be bound by these Terms and Conditions
(Terms) and the Promoter in its sole and absolute discretion may refuse to award
any prize to any entrant who fails to comply with these Terms and Conditions.
1. Promotion Period
1.1
The Promotion submission / voting period begins on 7 January 2013 at
12.00pm AEST and closes on 27 January 2013 at 11.59pm AEDST (Promotion Period).
1.2 The judging period begins on 28 January 2013 at 12.01am AEDST and closes
on 31 January 2013 at 11.59pm AEDST.
1.3 Prize winners will be announced on 1 February 2013.
2. Eligibility
2.1 Entry is open to all permanent residents of Australia (Eligible Entrant)
excluding:
(a) The Promoter's employees, bakery operators, suppliers and their
immediate families;
(b) Persons who have won a prize or prizes either individually or collectively
valued at more than $5,000 (including GST) in a promotion run by or on
behalf of the Promoter in the past 12 months;
(c) Persons who have used or attempted to use any more than one name in
order to qualify to win a promotion run by or on behalf of the Promoter in
the past 12 months; and
(d) Persons who have breached the Terms of any prior promotion run by or on
behalf of the Promoter.
2.2 The Promoter is responsible for determining whether a person is an Eligible
Entrant in its sole and absolute discretion.
2.3 An Eligible Entrant who is under 18 years of age must obtain the permission of
a parent or guardian in order to participate.1101946 - n1043766v1
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3. How to Enter
3.1 To be eligible to enter, Eligible Entrants must:
(a)
Provide a description in 25 words or less how they intend on
enjoying Australia Day in 2013.(b) Provide all relevant contact information outlined in the submission
process located on the Facebook competition tab.
3.2 Eligible Entrants:
(a)
are only able to submit one entry;(b) can only enter the Promotion in their own legal name;
4. Determining the winning entry
4.1 The prize winners will be determined by the Promoter's judging panel and
process.
4.2
The Promoter's judging panel will decide which ten (10) entries should win the
nominated prize pool.4.3 All of the Promoter's judging panel's decisions are final and binding on each
person who enters the competition and no correspondence will be entered into.
4.4 Unless advertised differently, the prize winners will be notified by email or
phone at the end of the Promotion.
4.5 If for any reason the Promoter believes the Eligible Entrant has not complied
with these Terms or the Promotion requirements, the Promoter may, in its sole
and absolute discretion, refuse to award a Prize.
5. Prize
5.1
There are ten (10) prize packs to be won (Prize). The overall Prize pool is
valued at AUS$6,990.
5.2 Each Prize entitles the winner to a ‘BBQ Prize Pack’. This equates to:
(a) Matador Classic 4 Burner BBQ ($599 RRP each).
(b) A combination of Traditional Bread & Cheesymite Scrolls up to the RRP
value of $100 AUD to be collected from an agreed upon Bakers Delight
bakery.
Each Prize has a total value of AUS$699.00. The bread prize will be
coordinated in conjunction with Bakers Delight Holdings staff. The prize is
intended to help cater a BBQ gather and such, the prize will be a one off
offering. If the order of bread ordered does not reach $100, the remaining 1101946 - n1043766v1
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balance will be forfeited. Winners will be required to pick up the bread from a
bakery agreed upon by Bakers Delight Holdings and the winners. The prize is
valid for 12 months and if not redeemed by 2 February 2014, it will be forfeited.
5.3 The Prize cannot be exchanged, transferred, redeemed for cash or sold.
5.4 The Prize must be taken as offered and cannot and will not be varied.
5.5 If requested by the Promoter, the Eligible Entrants must produce, within the
time requested by the Promoter (at its absolute discretion), appropriate photo
identification or other documentation to verify their age, eligibility to enter the
Promotion and claim to the Prize in compliance with these Terms.
6. Monitoring and Moderation
6.1 The Promoter reserves the right to monitor and moderate all entries.
6.2 The Promoter reserves the right to remove any entries considered to be of an
offensive or defamatory nature.
6.3 The Promoter reserves the right, in its sole and absolute discretion, to remove
any entries that it considers to against the spirit of the competition.
7. Disqualification
7.1 The Promoter reserves the right in its sole and absolute discretion to disqualify
any individual who is found to be tampering with the entry process, the
operation of the Promotion and acting with the intent to disrupt or undermine
the legitimate operation of the Promotion, or to abuse or threaten the Promoter
or any of the Promoter's employees.
7.2 If for any reason this Promotion is not capable of running as planned, including
due to infection by computer virus, bugs, tampering, unauthorised intervention,
fraud, technical failures, vandalism, power failures, natural disasters, disruption
or any other causes beyond the control of the Promoter, the Promoter reserves
the rights to cancel, terminate, modify or suspend the Promotion.
7.3 Should an Eligible Entrant tamper with, subvert, corrupt or affect the
administration, security, fairness, integrity or proper conduct of the Promotion,
or seek to benefit from the tampering or subversion of the Promotion, the
Promoter reserves the right in its sole discretion to disqualify the Eligible
Entrant from the Promotion and to take action to cancel, terminate, modify or
suspend the Promotion and to take action against the Eligible Entrant in
accordance with clause 8.8 below.
8. General Conditions
8.1 All entries will become the property of the Promoter.
8.2 The Promoter assumes no responsibility for any error, intervention of any
outside agent or event which changes the result or prevents or hinders its
determination, including but not limited to vandalism, power failures, deletion,
defect, delay in operation or transmission, theft or destruction to or alteration of 1101946 - n1043766v1
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an Eligible Entrant's communications, tempests, natural disasters, acts of
God, civil unrest, strikes which corrupt or affect the administration, security,
fairness, integrity or proper conduct of the Promotion. The Promoter may in its
sole and absolute discretion, cancel the Promotion and recommence the
Promotion as and when it sees fit.
8.3 Any Eligible Entrant who, in the opinion of the Promoter, tampers or interferes
with the entry mechanism in any way, engages in unlawful or improper conduct
which jeopardises or is likely to jeopardise the fair or proper conduct of the
Promotion, or who does not properly comply with the entry process, will be
ineligible to win a Prize.
8.4 The Promoter's decisions in relation to all aspects of the Promotion are final
and binding on each Eligible Entrant and no correspondence will be entered
into.
8.5 This Promotion is in no way sponsored, endorsed or administered by, or
associated with Facebook.
8.6 By participating in the Promotion, each Eligible Entrant consents to the
Promoter using and disclosing personal information to the Promoter's related
entities for the purpose of contacting the entrant in relation to the Promotion.
The Eligible Entrant provides this consent until such time as they withdraw
their consent by giving notice to the Promoter in writing. All personal
information will be stored by the Promoter.
8.7 CAUTION: Any attempt to cause damage to the Promoter's website or the
information contained on any website associated with this Promotion or
to otherwise undermine the fair and legitimate operation of this
Promotion may be a violation of law. The Promoter reserves the right to
seek damages to the fullest extent permitted by law in the event that any
such attempt is made, whether or not that attempt results in any such
damage, interference or undermining.
8.8 By entering the Promotion, the Eligible Entrant agrees and
acknowledges:
(a) they may be contacted by the Promoter to provide comments about the
Promotion and the Promoter may take photographs or recordings of them
(the Material);
(b) the Promoter may use any comments obtained from them, their name,
and/or likeness and any Material for the Promoter's future promotional and
marketing purposes without further reference or compensation to them;
(c) the Promoter may duplicate, alter, adapt and utilise the Material as the
Promoter wishes at any time, anywhere and by any means (including
communicating them to the public in any media, including media not yet in
existence);1101946 - n1043766v1
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(d) they grant to the Promoter on creation of the Materials a royalty free,
perpetual exclusive and irrevocable licence to use the Materials for
whatever purpose it determines;
(e) they unconditionally and irrevocably:
(i) consent to any act or omission that would otherwise infringe any of
their moral rights in the Materials (as defined in Part IX of the
Copyright Act 1968 (Cth)) and present and future rights of a similar
nature conferred by statue anywhere in the world whether occurring
before or after this consent is given (Moral Rights); and
(ii) waive all Moral Rights in the Material that arise outside of Australia;
and
(f) they agree not to institute, maintain or support any claim or proceeding for
infringement of their Moral Rights in the Material.
8.9 The Eligible Entrant may, at the time of entering the Promotion, consent to
receive electronic messages and further communications in relation to special
offers, exclusive competitions, news and event information in relation to the
Promoter's product range (Marketing Communications) by checking the tick
box next to the following message "I would like to sign up to receive
information of special offers, exclusive competitions and more from Bakers
Delight" (Express Consent).
8.10 Where the Eligible Entrant provides Express Consent, the Promoter will use
the information provided by the Eligible Entrant to send to the Eligible Entrant
Marketing Communications.
8.11 Eligible Entrants who do not provide Express Consent will not receive
Marketing Communications.
8.12 Eligible Entrants may unsubscribe from the Marketing Communications at any
time.
8.13 The :
(a) Promoter, the Promoter's related entities and all agencies associated with
the Promotion; and
(b) the employees, agents, directors and contractors of all entities referred to
above,
will not be liable for any loss or claim, action, demands, liability, damage, cost,
expense or personal injury whatsoever, including but not limited to any direct,
indirect or consequential loss incurred, suffered or sustained b any person or
entity (without limitation) in connection with or arising from, the Promotion or
the acceptance or use of, or participation in a Prize.
8.14 The Promoter accepts no responsibility for any tax liabilities that may arise
from receiving the benefit of a Prize.1101946 - n1043766v1
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8.15 The Eligible Entrant agrees and acknowledges that all entries and any
intellectual property rights subsisting in their Entries become and remain the
property of the Promoter.
8.16 By entering this Promotion, the Eligible Entrant accepts that the Promoter will
capture profile information including the email address of the Eligible Entrant.
Facebook will not retain any of this information.
8.17 Each Eligible Entrant acknowledges and agrees that it is a condition of
participation in the Promotion that the Eligible Entrant be capable of agreeing
to these Terms and giving the consents contained in these Terms.
