Michel’s Patisserie – Win Our Cake of The Month (prize valued at $80)

TERMS AND CONDITIONS OF ENTRY FOR MICHEL’S PATISSERIE CAKE OF THE MONTH
COMPETITION (“PROMOTION”)
By entering the Promotion in accordance with clause 4 below, you are agreeing to the following terms
and conditions (“Terms and Conditions”):
1. Information about the Terms and Conditions
1.1 Information on how to enter and the Prize form part of these Terms and Conditions. All entries
must comply with these Terms and Conditions to be valid.
1.2 Entrants are responsible for ensuring their familiarity with the Terms and Conditions at the time of
participation. The Promoter’s decision not to enforce a specific restriction (whether communicated
to an Entrant or not) does not constitute a waiver of that restriction or of the Terms and Conditions
generally.
1.3 All Entrants acknowledge that the Promoter can rely on these Terms and Conditions even if the
Promoter only learns of a person’s ineligibility after the Promoter has awarded a Prize to the
ineligible person. Return of the Prize or payment of its equivalent value to the Promoter may be
required by the Promoter if this occurs.
1.4 Entries not complying with these Terms and Conditions are ineligible and the Promoter reserves
its absolute right to disqualify any Entrant from the Promotion if any entries do not comply with
these Terms and Conditions.
2. Entrants & Requirements
2.1 Entry is open to Australian residents aged eighteen (18) years or older (“Entrant”).
2.2 Employees of the Promoter, including all retail staff and their immediate families (including but not
limited to spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by
adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew,
brother, sister, step-brother, step-sister or cousin) and associated agencies, providers and
companies of the Promoter associated with this Promotion are not eligible to enter.
2.3 Entry to the Promotion is only open to individuals.
2.4 Entrants can only enter 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 or 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.
2.5 Individuals who meet the criteria in Clause 2 are ‘Eligible Entrants’ or ‘Entrants’.
3. Promotion Period
3.1 The Promotion commences at 12:00pm (AEST) on 8 January 2018 and closes at 11:59pm
(AEST) on 28 February 2018 (“Promotion Period”).
3.2 The Promoter accepts no responsibility for any entries not received for any reason during the
Promotion Period.
4. How to Enter
4.1 Entry is via the Internet.
4.2 To be eligible for Entry, an Entrant must during the Promotion Period:
(a) Visit https://www.michels.com.au/cakeofthemonth (“Page”);
(b) Enter their email address; and
(c) Submit their details so they are received during the Promotion Period (“Entry”).
4.3 An Entry is deemed to be completed upon receipt of a completed and valid Entry in accordance
with clause 4.2
4.4 Any Entries that contain an identical email address will be invalid and will be disregarded except
for the first Entry to submit the response which will be accepted as a valid Entry.
4.5 The Promoter is not responsible for receipt of incorrect, inaccurate or incomplete information
caused by an Entrant or occurring during transmission. Further, the Promoter shall not be
responsible for any entries that are not received or are otherwise interfered with due to problems
with communication services.
4.6 Entries are deemed to be received at the time of receipt into the Promoter’s database, not time of
transmission by the Eligible Entrant.
4.7 By submitting an Entry, Entrants acknowledge and agree to be bound by these Terms and
Conditions as posted as a link in the Facebook, Instagram or relevant social media post
promoting the competition.
4.8 The use of automatic Entry software or any other mechanical or electronic means that allows an
Entrant to automatically enter the Promotion repeatedly is prohibited and will render all entries
submitted by the Entrant invalid.
4.9 The Entrant may not submit more than one Entry during the Promotion Period.
5. Prize Draw & Notification of Winners
5.1 At 9:00am (AEST) on each day between 8 January 2018 to 28 February 2018 (“Prize Draw
Days”), the Promoter will announce (“1”) winner as determined by the Promoter (in its absolute
discretion and based on these Terms and Conditions), being fifty one (“51”) winners in total over
the course of the Promotion (“the Winners”) who will win the Prize.
5.2 Judging will take place at 1 Olympic Circuit, Southport, Queensland 4215.
5.3 Each Winner will be determined by the Promoter using random coding in an excel spreadsheet
based on data collected from Entrants from their Entries, or as otherwise determined by the
Promoter in its absolute discretion.
5.4 All valid entries received during the Promotion Period will be entered into the draw, and stand a
chance to win a Prize (as defined in clause 6 below).
5.5 The Promoter reserves the right at, any time to verify the validity of Prize claims and 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 or omissions may be accepted at the Promoters
discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a
waiver of those rights.
5.6 If there is a dispute as to the identity of an Entrant or Winners, the Promoter reserves the right, in
its sole discretion, to determine the identity of the Entrant or Winners.
5.7 In the event that a Winner is unable to be contacted, the Winner is deemed to have forfeited the
Prize and the Promoter reserves the right to award the Prize to another Entrant at its sole and
absolute discretion. The Prize remains the property of the Promoter until claimed by the Prize
Winner.
6. Prize
6.1 The Winners will receive either one (1) Hummingbird Banana Cake, if their details were drawn in
January, or one (1) Carrot & Dolce Caramel Cake, if their details were drawn in February
(“Prize”).
6.2 The Prizes are valued at $80 each (inclusive of all taxes, fees and GST).
6.3 The Prize is to be taken ‘as is’ and without any kind of warranty or customisation.
6.4 If the Prize or part of the Prize is unavailable, for whatever reason, the Promoter, in its absolute
discretion, reserves the right to substitute and or vary the Prize (or part thereof) with a Prize to the
equal value and or specification, subject to any discretion from a State and/or Territory regulatory
authority where necessary.
6.5 Winners will be contacted by the Promoter to collect their Prize from their local Michel’s Patisserie
store. Collection must occur on the same day as confirmation from the Promoter that the Prize is
available.
6.6 The Prize or any unused portion of the Prize is not transferable or exchangeable and cannot be
taken for cash. Any ancillary costs associated with redeeming the Prize are not included and
must be borne by the Winners. If for any reason a Winner does not take a Prize (or any portion of
that Prize) by the time stipulated by the Promoter, the Prize (or any unused portion of that Prize)
will be forfeited.
7. Social Media
7.1 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 https://www.facebook.com/legal/terms and Instagram’s Privacy Policy, which can be
viewed at https://help.instagram.com/155833707900388/?helpref=hc_fnav.
7.2 This Promotion is in no way sponsored, endorsed or administered by, or associated with,
Facebook or Instagram. Entrants understand that they are providing their information to the
Promoter and not to Facebook, or Instagram or any other social media platform. 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, Instagram or any other social media platform.
7.3 Facebook, Instagram or any relevant social media platform will not be liable for any loss or
damage or personal injury which is suffered or sustained by any Entrant, as a result of
participating in the Promotion except for any liability which cannot be excluded by law.
8. Privacy Policy
8.1 The Promoter’s privacy policy can be read at https://www.rfg.com.au/index.php/privacy.
8.2 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.
8.3 By submitting your Entry into this Promotion 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.
9. Costs and expenses
9.1 Any costs associated or arising in connection with winning a Prize or, with accessing the
promotion website or Page is the Entrant’s responsibility and is dependent on the internet service
provider used. Eligible Entrants must submit their entries manually using an internet browser.
9.2 Any tax liability arising as a result of accepting any Prize is the responsibility of each Winner.
10. Intellectual Property
10.1 Entrants consent to the Promoter using the Entrants name, likeness, image and/or voice in the
event they are a Winner in any media for an unlimited period without remuneration for the
purpose of promoting this Promotion (including any outcome), and promoting any manufacturer,
distributer and/or supplier used by the Promoter.
10.2 All entries become property of the Promoter. By entering this Promotion, each Entrant is taken to
consent to the Promoter using the Entrant’s personal information to administer the Promotion,
announce the Winners and disclose the Entrant’s personal information to organisations that
assist the Promoter with administering the Promotion and announcing the Winners, and to third
parties as required by law (including authorities that regulate this Promotion, as the case maybe).
The Promoter is bound by the National Privacy Principles, in the Privacy Act 1988 (Cth) and by
entering this Promotion, the Entrant is taken to consent to the Promoter’s privacy policy.
10.3 The Promoter collects personal information in order to conduct the Promotion and may, for its
purpose, disclose such information to third parties, including but not limited to agents,
contractors, service providers, prize suppliers and, as required, to Australian regulatory
authorities. Entry is conditional upon providing this information. It is a condition of Entry that the
Entrant agrees to be entered into the database. The Promoter may, for an indefinite period,
unless otherwise advised, use the information for promotional, marketing publicity, research and
profiling purposes, including sending electronic messages, sending newsletters and other
promotional offers or telephoning the Entrant. Entrants should direct any requests to opt out,
access, update or correct information to the Promoter, in writing.
10.4 All personal details of Entrants will be stored at the office of the Promoter. Upon the Entrant’s
request, all information provided will be removed from our active database. To request for these
details to be removed, Entrants should direct any requests to the Promoter, in writing.
Information will be removed as soon as reasonably possible in accordance with applicable laws.
11. No liability
11.1 Except for any liability that cannot be excluded by law, the Promoter (including its officers,
employees, agents and related bodies corporate) shall not be responsible for any liability
(including negligence), any personal injury, or any loss of damage (including loss of opportunity)
whether directly, indirectly or consequentially 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 part 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 Winners or any Entrant; or
(e) the taking of and redemption of the Prize.
11.2 If for any reason, the Promotion is not capable of being run as planned, including due to infection
by computer virus, bugs, network failure, tampering, unauthorised intervention, fraud or any other
causes outside the Promoters control which corrupt or affect the administration, security,
fairness, integrity or proper conduct of the Promotion, the Promoter reserves the right, in its
absolute discretion to take any action that may be available to it, including, but not limited to
cancelling, terminated, modifying or suspending this Promotion.
11.3 The laws of Australia apply to this Promotion, Entrants submit to the exclusive jurisdiction of the
courts of Australia.
12. General Information
12.1 The Promoter’s decision in relation to any aspect of these Terms and Conditions is final and
binding on every person who enters. No correspondence will be entered into. Prizes will only be
awarded following any winner validation and verification that the Promoter requires.
12.2 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 control of the Promoter, the Promoter reserves the
right, to the fullest extent permitted by law to:
(a) disqualify the Entrant; or
(b) to modify, suspend, extend, terminate or cancel the Promotion.
12.3 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.
12.4 A request by an Entrant to change or modify any information provided should be directed to the
Promoter in writing.
13. Promoter Details
The Promoter is RFGA Management Pty Ltd ACN 071 765 609 of 1 Olympic Circuit, Southport in
the state of Queensland and its substitutes, successors and permitted assigns (“the Promoter”).
For more information, call 07 5591 3242.
NSW Permit No. LTPS/17/20856