Bakers Delight – Win a Nespresso Coffee Machine (prize valued at $373)

Bakers Delight ‘Nespresso Coffee Machine’ Social Media Competition
Terms & Conditions – Australia
1. These terms and conditions (“Terms”) govern the entry into by entrants (“Entrants”) and conduct of the Bakers
Delight Nespresso Coffee Machine Social Media Competition (“Competition”).
2. Information regarding prizes and how to enter the Competition forms part of the Terms. By entering the
Competition, Entrants accept the Terms.
3. The Entrant is responsible for ensuring his or her familiarity with the Terms at the time of participation.
4. The Promoter’s decision not to enforce a specific provision of the Terms (whether communicated to an Entrant
or not) does not constitute a waiver of that provision or of the Terms generally. All Entrants acknowledge that
the Promoter can rely on the Terms even if the Promoter learns of an Entrant’s ineligibility after the Promoter
has awarded a prize to the ineligible person. Return of a prize to the Promoter may be required by the Promoter
if this occurs.
5. The Promoter reserves the right to alter these Terms at any time.
6. This Competition is not endorsed by Facebook or Nespresso Australia.
7. Entry to the Competition is open to Australian residents aged 16 or over who have a valid personal Facebook
account in their name, except directors, management, officers, employees, franchisees and employees of
franchisees (and the immediate families of directors, management, officers, employees, franchisees and
employees of franchisees) of the Promoter, of the Promoter’s related corporations, of the Promoter’s advertising
and sales promotion agencies or of any other agencies or entities associated with this Competition.
8. Any Entrant who is under the age of 18, as of the date of entry to the Competition, must obtain the prior
permission of their legal parent or guardian over the age of 18 to enter the Competition. The parent or guardian
may be called to verify their permission and may be required to sign a release at the discretion of the Promoter.
9. The Competition begins 9.00am (AEST) Thursday 12th
April, 2018 and closes at 9.00am (AEST) Wednesday 18th
April, 2018. (“Competition Period”).
10. To enter the Competition and be eligible to win, an Entrant must visit during the Competition Period and complete the entry form.
11. The Entrant must complete the form and provide their first name, surname, valid email address, valid contact
number and tell us in 25 words or less what toppings you would have on your Apple & Cinnamon toast and why.
12. The Competition is a game of pure skill and chance plays no part in determining the winner. The most creative,
skilful and original sentence (as the case may be) will win as judged and determined by the internal Marketing
Department of the Promoter at its head office specified below in its absolute discretion based on the individual
merit of each entry.
13. The decision of the Marketing Department of the Promoter as to the winner of the competition is final and no
correspondence in relation thereto will be entered into.
14. The Promoter reserves the right to moderate all entries to the Competition and remove any entries considered
by the Promoter to be of an offensive, abusive, discriminatory, defamatory or inappropriate nature.
15. Entries are deemed to be received by the Promoter at the time they are received by the Promoter’s Typeform
page and not at the time of submission by the Entrant.
16. Entrants are responsible for their own costs associated with accessing the Internet, Facebook and entering the
17. Each Entrant may submit one entry in the competition during the relevant Competition Period.
18. All entries must be received by the Promoter during the Competition Period.
19. The Promoter is not liable for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or
misdirected entries, claims or correspondence due to error, omission, tampering, deletion, theft,
communications failure or any other matter. The Promoter has no control over communications networks
including Facebook, Instagram and the Internet and is not liable for any problems associated with them due to
traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user
error including (without limitation) costs incurred.
20. There is one (1) prize to be won in total in the Competition. The total prize pool is valued up to $373.50 AUD.
21. The winner will receive:
Essenza Mini De’Longhi Pure White Nespresso Coffee Machine. $249.00 RRP
Intense Espresso 10 Sleeve Assortment Capsules. $74.50 RRP
Bakers Delight voucher. $50.00 RRP
22. Each prize is subject to the terms and conditions specified by the prize suppliers including as to validity.
23. The winners must, at the Promoter’s request, participate in all promotional activity required by the Promoter
(such as publicity and photography, including via any of Bakers Delight’s social media channels, Facebook,
Instagram or websites or written or electronic publications) surrounding the winning of the prize, at no cost to
the Promoter, and the winners consent to the Promoter using their name, their image and their Competition
entry in any such promotional material.
24. The winners will be notified by the Promoter via email by no later than 5.00PM (AEST) on 20th April, 2018.
25. The Promoter may, in its sole discretion, disqualify all entries from, and prohibit further participation in the
Competition by, any Entrant who tampers with or benefits from any tampering with the entry process or with the
operation of the Competition or who does not comply with any of these Terms, acts in a disruptive manner or
acts with the intent or effect of annoying, abusing, threatening, harassing, or infringing the rights of any other
person in connection with the Competition or the Promoter’s Facebook or Instagram pages.
26. The Promoter may in its absolute discretion cancel any prize or otherwise cease to provide any benefit of any
prize to a winner if the winner, in the opinion of the Promoter, was under the influence of alcohol or any other
drug at the time of the entry to the Competition, behaves or has behaved aggressively, abusively or offensively in
relation to any aspect of the Promoter, the Competition or other Entrants, or behaves or has behaved in a
manner which may diminish the good name or reputation of the Promoter or any of its related bodies corporate
or the agencies or companies associated with the Competition, or behaves or has behaved in connection with the
Promoter, the Competition or any other Entrant in a matter that is contrary to law or is otherwise considered by
the Promoter to be inappropriate.
27. Prizes are not transferable, refundable or exchangeable and cannot be redeemed for cash.
28. The Promoter accepts no responsibility for any variation in prize value.
29. Where a prize or an element of a prize is unavailable for any reason, the Promoter may substitute at its discretion
for that prize or that element another item of equal or higher value as determined by the Promoter.
30. The prizes must be claimed by each relevant winner by responding directly to the notification from the Promoter
referred to in clause 23 above by no later than 9.00am (AEST) on 23rd April, 2018.
31. If the relevant prize remains unclaimed by the above times, that winner’s entry will be deemed invalid and the
winner will be deemed to have forfeited the prize and the Promoter reserves the right to re-judge the entries,
determine another winner and distribute the prize to that alternative winner.
32. The Promoter takes no responsibility for a winner failing or neglecting to claim the prize during the designated
timeframe specified above and consequently forfeiting the prize.
33. Once claimed, subject to clause 32 below, prizes will be sent to the winners within two (2) weeks of the Promoter
receiving each winner’s contact details, proof of identity and proof of age. The Promoter reserves the right to
determine in its absolute discretion the form of identification that is required to verify each winner.
34. Prizes will only be delivered within Australia. However, the Promoter reserves the right to refuse to deliver a
prize to a winner if, in the opinion of the Promoter in its sole discretion, delivery would not reasonably be
possible for any reason including due to the remoteness of the winner’s location or would be unreasonably
expensive and, if so, the Promoter shall notify the winner that the winner is required to collect the prize from the
Promoter at the winner’s cost within 14 days of receiving such notification. If, for any reason, the winner does
not collect the prize or any element thereof within such 14 day period, the prize or the element thereof will be
treated as forfeited and abandoned by the winner and the Promoter may dispose of the prize or the element
thereof in its absolute discretion and the winner will not be entitled to any substitute prize.
35. The Promoter, the Promoter’s related entities (as that term is defined in the Corporations Act 2001 (Cth)) and all
agencies and companies associated with the Competition, will not be liable for any loss, claim, action, demand,
liability, cost, expense, damage (including damage to prizes), delay in receiving prizes, personal injury or death
whatsoever which may be incurred, suffered or sustained (whether or not arising from any person’s negligence)
(including, without limitation, any direct, indirect, special or consequential loss, loss of profits or economic loss)
by any person or entity (including without limitation any Entrant) in connection with, or arising from, the
Competition or the acceptance or use of any prize, except that which cannot be excluded by law (in which case
that liability is limited to the maximum extent allowable by law.
36. The Promoter is not responsible for the conduct of any third party supplier in relation to the grant of any prize or
the use of any prize.
37. If, for any reason, any aspect of the Competition is not capable of running or is not capable of being judged and
determined by the Promoter as planned, including but not limited to by reason of computer virus,
communications network failure, power failure, bugs, tampering, unauthorised intervention, fraud, technical
failure, vandalism, tempests, natural disasters, acts of God, civil unrest or strikes, or any other cause beyond the
control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify, suspend, delay or
postpone the Competition, invalidate any affected entries or recommence the Competition afresh on the same
conditions set out in these Terms subject to state legislation.
38. All entries will be the property of the Promoter.
39. The information Entrants provide to the Promoter or in respect of the Competition will be used by the Promoter
for the purpose of conducting the Competition.
40. The Promoter may disclose any Entrants’ personal information to its contractors and agents to assist in
conducting the Competition or communicating with Entrants.
41. The Promoter is bound by the National Privacy Principles in the Privacy Act 1988. All Entrants’ details are
managed in accordance with the Bakers Delight Privacy Policy which can be found at
42. Entrants can request access to the personal information the Promoter holds about them by contacting the
Promoter at the below address.
43. The Promoter is Bakers Delight Holdings Ltd, ABN 88 052 528 202, of Level 1, 293 Camberwell Rd, Camberwell,
VIC 3124.