1. Information on how to enter and the prize form part of
these Terms and Conditions. Participation in this promotion is deemed
acceptance of these Terms and Conditions.

2. The Promoter is Daniel’s Donuts Pty Ltd (ABN 14 629 893
143).

3. If you are an Eligible Person and satisfy all Entry
Requirements, subject to these Terms and Conditions, you will be entered into
the prize draw to win a prize (“Prize Draw” or the “Promotion”).

4. Entries into the promotion open at 6pm (AEDT) on 10 May
2023 and close at 9:00am (AEDT) on 12 May 2023 (“Promotional Period”).

Eligibility and Entry

5. Entry to the Promotion is only open to individuals who:

a. are permanent Australian Residents, aged 15 and above and
reside in the State of Victoria but excluding employees (and their Immediate
Families) of the Promoter and agencies associated with this Promotion
(“Eligible Persons”). For the purposes of these Terms and Conditions,
“Australian Resident” means a person who resides in Australia at the start of
the Promotion Period and who holds Australian citizenship or holds an
Australian permanent residency visa. “Immediate Family” means any of the
following: spouse, ex-spouse, de-facto spouse, child or stepchild (whether
natural or by adoption), parent, stepparent, grandparent, step-grandparent,
uncle, aunt, niece, nephew, brother, sister, stepbrother, stepsister or first
cousin; and

b. during the Promotional Period, enter by:

i. Tagging their friend/s who they will be sharing the
Promoter’s Mother’s Day Donuts with; and

ii. Making sure both the entrant and their tagged friend/s
like the Promoter’s Facebook page (@DanielsDonutsAustralia) or follow the
Promoter on Instagram (@danielsdonutsaustralia).

(collectively, “Entry Requirements”). All entrants must read
and consent to these Terms and Conditions as a condition of entry into the
promotion.

6. 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.

7. The use of automatic entry software, mechanical or
electronic devices that allows an individual to automatically enter the
Promotion is prohibited and may render all entries submitted by that individual
invalid.

Eligible Applications

8. The maximum number of entries for each Eligible Person
who has satisfied the Entry Requirements during the Promotional Period is one
(1) entry into the Prize Draw per Eligible Person. Multiple entries are not
permitted.

Prize Draw

9. The total prize pool is valued at AU$210.00 (inclusive of
GST) (as at May 2023) and each prize includes one (1) Daniel’s Dozen (13) pack
of Daniel’s Donuts of choice. Each prize is valued at $42.00 (inclusive of GST)
(as at May 2022). Donut flavours subject to availability. If unavailable,
winner may choose from available donut flavours at the time of redemption.

10. Please note that some donut flavours contain nuts or
other allergens including the Daniel’s Donuts Nutella range, peanut butter
donuts, Snickers custard and Ferrero custard. All of the Promoter’s donuts have
possible traces of nuts or other allergens as they are made in the same
environment.

11. Following the end of the Promotional Period, there will
be one (1) draw with five (5) winners drawn. The draw will be conducted by the
Promoter or an authorised representative of the Promoter at 10:00am AEDT, Level
13, 10 Queens Road, Melbourne, VIC 3004 on 12 May 2023 via a random number
generator, and the winners will be notified in writing (by direct message via
the social media account they entered into the Promotion) within one (1)
business day of the draw and the winner’s name will be published on Daniel’s
Donuts’ Facebook (@DanielsDonutsAustralia) and Instagram
(@danielsdonutsaustralia) within two (2) business days of the draw.

12. Eligible Persons are not required to be present at the
draw to win a prize.

13. The Promoter accepts no responsibility for any tax
implications that may arise from prize winnings. All taxes which may be payable
as a consequence of receiving the prize are the sole responsibility of the
winner. Any additional costs involved are at the winner’s expense. Independent
financial advice should be sought.

14. 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.

15. The Promoter may draw additional reserve entries and
record them in order in case an invalid entry or ineligible entrant is drawn.
The sharing of prizes is not permitted.

16. The prizes are not exchangeable or transferable for cash
and all travel expenses including and not limited to flights, accommodation,
and other expenses to redeem the prize will be borne by the winners.

17. In the event of war, terrorism, state of emergency or
disaster, the Promoter reserves the right to cancel, terminate, modify or
suspend the promotion or suspend or modify a prize, subject to any requirements
of a relevant regulatory authority.

18. If the prize (or part of the prize) is unavailable for
reasons outside the Promoter’s reasonable control, the Promoter, after having
made reasonable attempts to reach agreement with the winner, but otherwise in its
discretion, reserve the right to substitute the prize (or that part of the
prize) with a prize to the equal or greater value and/or specification, subject
to any written directions from a regulatory authority.

19. Any costs associated with redeeming the prize are not
included.

20. The Promoter’s decision is final, and no correspondence
will be entered into.

21. All prizes will be distributed in accordance with these
Terms and Conditions.

22. Winners must collect their prize from a Daniel’s Donuts
store (as agreed between the Promoter and the winner) within six (6) days from
being notified by the Promoter. Prizes will be available immediately after the
winners are notified.

23. If the winner does not satisfy these Terms and
Conditions or cannot be contacted within a reasonable timeframe in accordance
with all requirements of all State and Territory regulatory authorities, the
entry will be invalidated, and a further entry drawn at the same place as the
original draw within 14 business days after the Promotional Period in order to
distribute the unclaimed prize. All non-winning entries from that original draw
will be included in the unclaimed prize draw. The winner of the unclaimed prize
draw will be notified in writing (by direct message via the social media
account they entered into the Promotion) within two (2) working days of the
draw and the winner’s name will be published on Daniel’s Donuts Facebook
(@DanielsDonutsAustralia) and Instagram (@danielsdonutsaustralia). This will
continue until a valid winning entry is drawn.

24. 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. 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.

25. Incomplete or indecipherable entries will be deemed
invalid.

26. 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.

General

27. The Promoter assumes no responsibility for any failure
to receive an entry in the Promotion or for inaccurate information by any
person or for any loss, damage, or injury as a result of technical or
telecommunications problems, including security breaches. If such problems
arise, then the Promoter may modify the Promotion.

28. Entrants agree that they are fully responsible for any
materials they submit via the promotion including but not limited to comments,
recordings, and images (“Content”). The Promoter shall not be liable in any way
for such Content to the full extent permitted by law. The Promoter may remove
or decline to publish any Content without notice for any reason whatsoever.
Entrants warrant and agree that without limiting any other terms herein, the
entrant agrees to indemnify the Promoter for any breach of the above terms.

29. As a condition of entering this promotion, each entrant
licenses and grants the Promoter and their affiliates and sub-licensees a
non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and
sub-licensable right to use, reproduce, modify, adapt, publish and display
their entry (which shall include Content) for any purpose, including but not
limited to future promotional, marketing or publicity purposes, in any media,
without compensation, restriction on use, attribution or liability.

30. Entrants consent to the Promoter using their 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 a reasonable
period without remuneration for any business purposes, marketing and promotion
of the Promoter, including the promotion of any current or future products
manufactured, distributed and/or supplied by the Promoter.

31. 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.

32. Any cost associated with accessing the promotional
website is the entrant’s responsibility and is dependent on the Internet
service provider used.

33. 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 2010 (Cth), as
well as any other implied warranties under the Australian Securities and
Investments Commission Act 2001 (Cth) or similar consumer protection laws in
the States and Territories of Australia (“Non-Excludable Guarantees”). Except
for any liability that cannot by law be excluded, including the Non-Excludable
Guarantees, the Promoter (including their respective officers, employees and
agents) exclude 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.

34. Except or any liability that cannot by law be excluded,
including the Non-Excludable Guarantees, the Promoter(including their
respective officers, employees and agents) are 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: c. any technical difficulties or
equipment malfunction (whether or not under the Promoter’s control); d. any
theft, unauthorised access or third-party interference; e. 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; f. any variation in prize value to that stated in these Terms
and Conditions; g. any tax liability incurred by a winner or entrant; or h.
taking of the prize/attendance at the prize event.

35. The Promoter collects personal information
("PI") in order to conduct the promotion and may, for this purpose,
disclose such PI and other third parties, including but not limited to agents,
contractors, service providers, prize suppliers and, as required, to Australian
regulatory authorities. Entry is conditional on providing this PI. The Promoter
will also use, and handle PI as set out in their Privacy Policy available at
https://www.danielsdonuts.com.au/pages/privacy-policy .

36. In addition to any use that may be outlined in the
Privacy Policies identified above, the Promoter may, for an indefinite period,
unless otherwise advised, use the PI for promotional, marketing, publicity,
research and profiling purposes, including sending electronic messages or
telephoning the entrant. The Privacy Policies also contain information about
how entrants, if applicable, may opt out, access, update or correct their PI,
how entrants may complain about a breach of the Australian Privacy Principles
or any other applicable law and how those complaints will be dealt with. All
entries become the property of the Promoter. The Promoter may disclose
Australian entrant's PI to any entity outside of Australia in accordance with
their respective Privacy Policies.

37. 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 Melbourne, Victoria Australia.

38. The Promoter and entrants acknowledge that this
promotion is in no way sponsored, endorsed, affiliated or administered by or
associated with Facebook and Instagram.