TERMS AND CONDITIONS
OF ENTRY FOR THE
MICHEL’S PATISSERIE WIN A BIKE COMPETITION
TERMS AND CONDITIONS
OF ENTRY FOR THE
MICHEL’S PATISSERIE WIN A BIKE COMPETITION
By entering the Michel’s Patisserie ‘Win a Bike’ (“Competition”) as outlined in clause 2.1 below, you are agreeing to the following terms and conditions (“Terms and Conditions”):
1. Eligibility Requirements & Competition Period
1.1. Information on how to enter and the Prizes form part of these Terms and Conditions.
1.2. Entry is open to Australian residents only (“Entrant”). Employees of the Promoter, including all retail staff, and their immediate families (including spouse, ex-spouse, de-facto, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, bother, sister, step- brother, step-sister or cousin) and associated agencies, providers and companies of the Promoter associated with this Competition are not eligible to enter.
1.3. Entry to the Competition is only open to individuals aged 13 years or older. Entrants who are under the age of 18 must have their parent or guardian consent to their entry and the parent or guardian of the Entrant is deemed to have consented to and is bound by these Terms and Conditions. Parents or Guardians may be required by the Promoter to enter into a further agreement as evidence of their consent of the Entrant entering this Competition.
1.4. 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 of 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.
1.5. The Competition commences at 12:01am (AEST), 1 November 2016 and entries close at 11:59pm (AEST), 31 December 2016 (“Competition Period”). The Promoter accepts no responsibility for any entries not received by the Promoter during the Competition Period.
2. How to Enter
2.1. To be eligible for Entry, an Entrant must, during the Competition Period:
(a) visit a Michel’s Patisserie store and spend $10.00 or more in one transaction obtaining a receipt as proof of purchase (the ‘Purchase’) or obtain an order number by spending $10.00 or more online at www.michels.com.au;
(b) visit www.michels.com.au and follow the prompts to the competition application;
(c) enter your personal and other details required in the application and provide your own unique response to the following question “What is your favourite part of Christmas, and why?”;
(d) accept our terms and conditions; and
(e) click ‘Enter’ at the end of the application to submit your entry so that it is received by the Promoter during the Competition Period (“Entry”).
2.2. The Entrant may submit one Entry for each individual Purchase only. The Entrant may make multiple Purchases and therefore submit multiple subsequent Entries during the Competition Period.
2.3. Any rude, offensive, illegal, incomprehensible or incomplete Entry (all of which will be at the absolute discretion of the Promoter) will be invalid.
2.4. The single most creative Entry arising from each of the Michel’s Patisserie retail outlet stores in Australia (approximately 221 in total), as determined by the Promoter (in its absolute discretion and based on these Terms and Condition) (the “Winner”) will win the Prize allocated to that Michel’s Patisserie retail outlet. If a Michel’s Patisserie retail outlet store does not receive a valid Entry arising from that store, the Promoter will not draw a Winner for that store and the Prize will be dealt with by the Promoter at its discretion.
2.5. This is a game of skill and chance or luck plays no part in determining the Winner. Each Entry will be individually judged based on creative merit and having considerations for the Michel’s Patisserie brand.
2.6. The promoter in its absolute discretion may vary the participating Michel’s Patisserie outlet stores. If a store closes during the Competition Period or does not participate in this Competition for any reason, the Promoter may determine how the Prize and Winner will be dealt with in its absolute discretion. The promoter does not warrant that 221 stores will be participating in this Competition.
3. Prizes
3.1. At 12.00pm AEST on 16 January 2017 (“Prize Draw Day”), the Promoter will commence the selection process of choosing the top most creative Entries (one for each participating Michel’s Patisserie retail outlet store in Australia), as determined by the Promoter (in its absolute discretion and based on these Terms and Conditions) (the “Winners”) who will each win a Prize. Judging will take place at 1 Olympic Circuit, Southport QLD 4215.
3.2. The Winners will be contacted by 4.00pm AEST 31 January 2017 (“Date of Notice”) using the details provided by the Entrant in the Entry.
3.3. Within 7 days from the Date of Notice, the Winners must provide to the Promoter the Winner’s proof of purchase so that redemption of the Prize may be arranged.
3.4. Each Winner will receive one standard uptown cruiser bicycle (valued at $299.00 each) supplied by 99 Bikes, the colour and style of which are at the Promoters absolute discretion (the ‘Prize’).
3.5. A total of 221 bikes will form part of prize pool which equates to value of approximately $66,079.00 (AUD). The Prize is not transferable or exchangeable and cannot be taken for cash. Any ancillary costs associated with redeeming the Prize is not included and must be borne by the Winner.
3.6. The Prize must be collected within 14 days from the Date of Notice from the Michel’s Patisserie retail outlet store where the Entrant submitted their entry (or as otherwise agreed by the Promoter at its absolute discretion). The Promoter takes no responsibility for any damage or delay caused during the Winner’s collection of the Prize.
3.7. The Prize may require assembly by the Winner and the Winner will be responsible for all costs incurred by the Winner relating to same.
3.8. If the Prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the Prize with a prize to the equal value and/or specification.
4. General
4.1. The Promoter’s decision is final and no correspondence will be entered into. Prizes will only be awarded following any Winner validation and verification that the Promoter requires.
4.2. The Promoter reserves the right, at any time, to verify the validity of Prize claims / Entries and Entrants (including an Entrant’s identity, age and place of residence) and to 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 and 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.
4.3. 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. If the Winner cannot be identified or otherwise contacted by the Promoter with 7 days from the Date of Notice, the Promoter reserves the right to select another Entrant as the Winner.
4.4. Entrants consent to the Promoter using their response and agree to transfer all intellectual property in their response to the Promoter once an Entry is made.
4.5. If this Competition 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 any Entrant; or (b) to modify, suspend, extend, terminate or cancel the Competition.
4.6. 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.
4.7. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees, agents and related bodies corporate) is 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 the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control) including the Winner’s use of the Prize; (b) any theft, unauthorised access or third party interference; (c) any Entry or Prize claim that is late, lost, altered, damaged or misdirected (whether or not after their recept by the Promoter) due to any reason beyond the control of the Promoter; (d) any tax liability incurred by the Winner or any Entrant; (e) taking of and redemption of the Prize; or (f) the Entrant electing in the Entry, to have the Promoter pass on their details to 99 Bikes.
4.8. The laws of Queensland Australia apply to this Competition. Entrants submit to the exclusive jurisdiction of the courts of Queensland Australia.
4.9. 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 +61 7 5591 3242, email the Michel’s Patisserie Marketing team at michelsmarketing@rfg.com.au.
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