TERMS AND CONDITIONS OF ENTRY FOR THE ... - Brumby's Bakery

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Nov 21, 2016 - By entering the Brumby's 'Christmas is Better' 'WIN A $5000 FLIGHT CENTRE ... (b) sending an email to mar
TERMS AND CONDITIONS OF ENTRY FOR THE ‘WIN A $5000 FLIGHT CENTRE GETAWAY’ By entering the Brumby’s ‘Christmas is Better’ ‘WIN A $5000 FLIGHT CENTRE GETAWAY’ (the ‘Competition’) in the manner outlined in clause 2 below, you are agreeing to the following terms and conditions (the ‘Terms and Conditions’): 1. Eligibility Requirements & Competition Period 1.1. Information on how to enter and the Prize form part of these Terms and Conditions. 1.2. Entry is open to all residents of Australia only who are over the age of 18 years old (the ‘Entrant’). 1.3. Employees of the Promoter, including all retail staff, and their immediate families (including spouse, ex-spouse, de-facto, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, bother, sister, step-brother, step-sister or cousin) and associated agencies, providers and companies of the Promoter associated with this Competition are not eligible to enter. 1.4. Entrants can only enter the Competition 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 Terms and Conditions or if the Entrant is engaged in any unlawful of 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 Promoter 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. 1.5. The Competition commences at 00.01am (AEST) November 21st 2016 and entries close at 11:59pm (AEST), on December 24th 2016 (the ‘Competition Period’). 2. How to Enter 2.1. To enter the Competition, an Entrant must, during the Competition Period: (a) Take a photo of ‘how they enjoy Christmas’. (b) Upload the photo in the comments section under competition posts on Brumby’s Bakery (the ‘Promoters’) Facebook Page as a ‘Comment’ creation.

2.2. This is a game of skill based on creativity and chance plays no part in the Competition. 2.3. Any rude, offensive, illegal, incomprehensible or incomplete Entry (all of which will be at the absolute discretion of the Promoter) will be invalid. 3. The Winner 3.1. The winning Entrant will be selected by the Promoter Wednesday 4th January 2017 (the ‘Winner’). 3.2. If an Entry has more than one individual’s name recorded as the Entrant, the Winner (if applicable) will be taken to be the individual whose name appears first on the Entry. 3.3. To be able to collect the Prize the Winner must respond via Facebook to the promoter’s announcement. 3.4. The Winner is responsible for any taxation liability (including any GST) or other government charges or reporting requirements arising from their participation in the Promotion 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 participating individual is responsible for paying 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. 3.5. If any Prize is unclaimed or if the Promoter is unable to verify the Winner (in the Promoter’s absolute discretion), then the Promoter may conduct such further selection as are necessary to determine a new winner any time not sooner than 90 days after the initial Date of Notice. 4. Prize 4.1. By 12.00pm AEST on January 4th January 2017 the Promoter will select the Winner. The selection will take place at 1 Olympic Circuit, Southport in Queensland Australia. 4.2. The winner will be announced on the Promoter’s Facebook Page at https://www.facebook.com/brumbys by 4.00pm AEST on Wednesday 4th January 2017 (‘Date of Notice’) and will remain published for a period of time determined by the Promoter in its absolute discretion. 4.3. Within 7 calendar days from the Date of Notice, the Winner must personally contact the Promoter by either: (a) sending a private message to the Promoter through Facebook; or (b) sending an email to [email protected], so that redemption of the Prize may be arranged. 4.4. The Winner will be entitled to:

(a) 1 x Flight Centre voucher valued at $5000.00 (‘Prize’). For Terms & Conditions regarding the use of the Voucher please refer to: http://www.flightcentre.com.au/cms_images/pdfs/Gift_Card-Terms%20&%20Conditions%20(6% 20April%202016).pdf

4.5. The Prize may not be exactly as displayed in the Promoter’s marketing and promotional material. 4.6. The prize includes delivery fees to the winners location 4.7. The Prize is not transferable or exchangeable and cannot be taken as a cash prize. Any ancillary costs associated with redeeming the Prize is not included and must be borne by the Winner. 4.8. If the Prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the Prize with a prize to the equal specification. 5. Facebook 5.1. Entry and continued participation in the Competition is dependent on the Entrant following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php. 5.2. This competition is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. The information any Entrant provides will only be used for the purposes outlined in the Terms and Conditions. Any questions, comments or complaints about this Competition must be directed to the Promoter and not to Facebook. 5.3. Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by an Entrant, as a result of participating in the Competition except for any liability which cannot be excluded by law. 6. Privacy 6.1. The Promoter’s privacy policy can be read at http://www.brumbys.com.au/privacypolicy. 6.2. 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 other promoters. 6.3. By submitting your Entry into this Competition 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.

7. How to Unsubscribe 7.1. If you want to stop receiving direct marketing from the Promoter you can communicate this to the Promoter by: (a) selecting the ‘unsubscribe’ hyperlink on the Promoter’s marketing material and following any prompts; or (b) sending an email to [email protected]. 8. General 8.1. All Entrant’s irrevocably agree to have their name and photograph used for advertising purposes and/or to take part in promotional activities including, without limitation, being interviewed by television, radio and/or other mediums for public broadcast free of any payment (if required by the Promoter). 8.2. The Promoter may, at any time, amend, add to or delete any of these Terms and Conditions. 8.3. The Promoter’s decision is final and no correspondence will be entered into. The Prize will only be awarded following any Winner validation and verification that the Promoter requires. 8.4. The Promoter reserves the right, at any time, to verify the validity of Prize claims / Entries and Entrants (including an Entrant’s identity, age and place of residence) and to disqualify any Entrant 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. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. 8.5. 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. If the Winner cannot be identified or otherwise contacted by the Promoter, the Promoter reserves the right to select another Entrant as the Winner. 8.6. Entrants consent to the Promoter using their Entry and agree to transfer all intellectual property in their Entry to the Promoter once an Entry is made. 8.7. If this Competition 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 any Entrant; or (b) to modify, suspend, extend, terminate or cancel the Competition.

8.8. 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 any other implied warranties under similar consumer protection laws. 8.9. 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: (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 control of the Promoter; (d) any tax liability incurred by the Winner or any Entrant; or (e) taking of and redemption of the Prize. 8.10. The laws of Australia apply to this Competition. Entrants submit to the exclusive jurisdiction of the courts of Australia. 8.11. The Promoter is RFGA Management Pty Ltd ACN 071 765 609 of 1 Olympic Circuit, Southport in the state of Queensland Australia. For more information, call +61 7 5591 3242, email the Brumby’s Bakery Marketing team at [email protected] or visit www.brumbys.com.au.