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 (as defined below) 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 6am (AEDT) on 17 November 2022 and close at 11.59pm (AEDT) on 4 December 2022 (“Promotional Period”).
Eligibility and Entry
5. Entry to the Promotion is only open to individuals who (“Eligible Person”):
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. 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. Voting for their donut of the year in the Promoter’s ‘Donut of the Year’ competition by scanning the QR code on in-store promotional materials or following the links on social media or website advertisements; and
II. Follow the prompts to enter your contact details and your selected donut of the year
(collectively, “Entry Requirements”).
6. All entrants must read and consent to these Terms and Conditions as a condition of entry into the promotion.
7. 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.
8. 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.
9. 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. Multiple entries are not permitted.
Prize
10. The total prize pool is valued at AU$1,092 (inclusive of GST) (as at November 2022) and includes one (1) free Daniel’s Donuts assorted 6 pack of donuts per week for fifty-two (52) weeks (“Prize”). The donuts in the assorted pack are to be selected from the range available at the time of redemption and are at all times subject to availability.
11. The winner of the Prize will receive in the mail to their nominated postal address a voucher allowing them to redeem (1) free Daniel’s Donuts assorted 6 pack of donuts per week for fifty-two (52) weeks from a Daniel’s Donuts store. The voucher is only valid to be used between 1 January 2023 and 31 December 2023, following which the Prize will expire.
12. The voucher is personal to the named winner and cannot be transferred or gifted. The winner may be required to show photo identification when redeeming the Prize.
13. For the avoidance of doubt, the Prize is an assorted 6 pack of donuts per week for fifty-two (52) weeks. Such packs do not accumulate each week. If the winner does not redeem their assorted 6 pack in any given week during the year, they relinquish that week’s 6 pack. The winner is not to redeem more than one (1) pack a week.
14. The Prize is subject to any additional terms and conditions are stated on the vouchers.
15. All entrants acknowledge that some donut flavours contain allergens including nuts, diary and wheat. All of the Promoter’s donuts have possible traces of nuts or other allergens as they are made in the same environment.
Prize Draw
16. Following the end of the Promotional Period, there will be one (1) draw with one (1) winner drawn. The draw will be conducted by the Promoter or an authorised representative of the Promoter at 10:00am AEDT at Level 13, 10 Queens Road, Melbourne, VIC 3004 on 5 December 2022 via a random number generator, and the winner will be notified in writing via email (by the contact details they provided when entering the Promotion) within two (2) business days of the draw and the winners’ name will be published on Daniel’s Donuts’ Facebook (@DanielsDonutsAustralia) and Instagram (@danielsdonutsaustralia) within two (2) business days of the draw.
17. Eligible Persons are not required to be present at the draw to win the Prize.
18. 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.
19. If the winner of the 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.
20. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
21. The Prize is 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.
22. 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.
23. 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.
24. Any costs associated with redeeming the Prize are not included.
25. The Promoter’s decision is final, and no correspondence will be entered into.
26. The Prize will be distributed in accordance with these Terms and Conditions.
27. 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 via email (by the contact details they provided when entering the Promotion) within two (2) business days of the draw and the winners’ name will be published on Daniel’s Donuts’ Facebook (@DanielsDonutsAustralia) and Instagram (@danielsdonutsaustralia). This will continue until a valid winning entry is drawn.
28.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.
29. Incomplete or indecipherable entries will be deemed invalid.
30. 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
31. 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.
32. 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.
33. 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.
34. 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.
35. 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.
36. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
37. 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.
38. 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.
39. 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 .
40. 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.
41. 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.
42. The Promoter and entrants acknowledge that this promotion is in no way sponsored, endorsed, affiliated or administered by or associated with Facebook and Instagram.