DANIEL’S DONUTS MARCH 2023 SPEND AND WIN PROMO TERMS AND CONDITIONS
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) (Promoter).
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 (Promotion).
4. Entries into the Promotion open at 5am (AEDT) on Thursday, 16 March 2023 and end 5:00pm (AEDT) on Friday, 14 April 2023 (Promotional Period).
Eligibility and Entry
5. Entry to the Promotion is only open to individuals who (Eligible Persons):
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. All entrants must read and consent to these Terms and Conditions as a condition of entry into the 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:
i. Make a purchase of any Daniel’s Donuts product:
1. In-store at any Daniel’s Donuts location, excluding any Petrol Station location, the Flinders St location and food truck; or
2. Online through either the Daniel’s Donuts app or at Daniel’s Donut Website at www.danielsdonuts.com.au, excluding any third party delivery services; and
ii. Use your MyJam Rewards Loyalty membership when making a purchase,
(collectively, “Entry Requirements”).
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.
8. The total prize pool for the Promotion is valued at AU$20,066.00 (inclusive of GST) (as at February 2023) and each prize is listed below:
a. Four (4) AU$1,000.00 cash prizes during the Promotional Period, one (1) each week, with each winner to receive AU$1,000.00 in cash (Cash Prize).
b. Three thousand one hundred (3100) winners of one (1) donut during the Promotional Period (that being one hundred (100) winners per day), valued at AU$4.50 each including GST (Donut Prize).
c. Forty (40) winners of one (1) ‘supershake’ during the Promotional Period valued at AU$10.00 each including GST (Shake Prize).
d. Winners of Daniel’s Donuts merchandise during the Promotional Period that being (collectively, the Merchandise Prize):
i. Twenty-four (24) winners of one (1) Milkshake Cup valued at AU$9.00 each including GST;
ii. Twenty (20) winners of one (1) Donut Pillow valued at AU$15.00 each including GST;
iii. Forty (40) winners of one (1) Travel Mug valued at AU$15.00 each including GST; and
iv. Forty (40) winners of one (1) 1L Water Bottle valued at AU$15.00 each including GST.
9. During the Promotional Period:
a. There will be one (1) draw per week (on 23 March 2023, 30 March 2023, 6 April 2023 and 13 April 2023) to draw the Cash Prize from all Eligible Persons who meet the Entry Requirements; and
b. There will be multiple draws each business day for the Donut Prize, Shake Prize and Merchandise Prize, with winners to be drawn from all Eligible Persons who meet the Entry Requirements. Upon request, the Promoter can provide a break-down of the specific draws that will be run each business day.
10. Each prize draw will be conducted by a random number generator by the Promoter or an authorised representative of the Promoter on each business day of the Promotional Period at 10:00am AEDT at Level 13, 10 Queens Road, Melbourne, VIC 3004. The winners will be notified in writing (by email) within two (2) business days of the relevant draw and the winner’s name will be published on www.danielsdonuts.com.au within two (2) business days of the relevant draw.
11. Eligible Persons are not required to be present at the prize draw to win.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. Eligible Persons acknowledge that donut flavours, shakes and specific merchandise is subject to availability at the time of redemption. If unavailable, the winner may choose an alternative donut / shake flavour at the time of redemption, or the Promoter will offer an alternative merchandise of the same or greater value. 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 Daniel’s Donuts donuts have possible traces of nuts or other allergens as they are made in the same environment.
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. Cash Prize winners will receive their cash prize in-store at a location and time suitable for the winner and Daniel’s Donuts, within seven (7) days of being notified by Daniel’s Donuts. All other prize winners must collect their prize from a Daniel’s Donuts store (as agreed with the winner) within thirty-one (31) days from being notified by Daniel’s Donuts. Prizes (other than the cash prize) will be available immediately after the winners are notified via a coupon on their Daniel’s Donuts app and My Jam Rewards account.
23. If the winner of a prize 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 relevant draw 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 email address linked to the My Jam Rewards Membership) within two (2) working days of the draw and the winner’s name will be published on www.danielsdonuts.com.au. This will continue until a valid winning entry is drawn for each Draw, as and if relevant.
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.
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.
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.