WIN A BIRTHDAY CAKE EVERY YEAR FOR THE REST OF YOUR LIFE
2016 marks 115 years of baking for Ferguson Plarre Bakehouses and to celebrate this landmark achievement we’re giving one lucky Guest the chance to win a Birthday Cake every year for the rest of their life.
TERMS AND CONDITIONS
- Information on how to enter, redeem/claim and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
- The Promoter is Ferguson Plarre Bakehouses Pty Ltd, ABN 16 873 899 582, of 35 Harrick Rd, Keilor Park VIC 3042 (“Promoter”).
- Entry is only open to residents of the State of Victoria (Australia) aged 18 years or older – Winner must be able to pick up their Birthday Cake from their local store within Victoria.
- Employees and immediate family of employees of the Promoter or any franchisee of the Promoter are ineligible to enter. Immediate family means any of the following: 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 1st cousin.
- Entrants will be able to enter the draw to “Win a Birthday Cake for the rest of your life” via one (1) of the following methods:
- IN STORE – by completing the entry form, including all of the requested details (first and last name, valid email, postcode and phone number) and then placing the completed entry form in the entry box provided in a participating Ferguson Plarre Bakehouse before 5:00pm AEST on 4 September 2016; or
- FACEBOOK PAGE – by visiting and liking the Promoter’s Facebook Page at facebook.com/Ferguson.Plarre (“Facebook Page”), follow the prompts to ‘like’ the Facebook Page (if not done so already), access the ‘Win a Birthday Cake’ promotional application, input the requested details as prompted (first and last name, valid email & closest Ferguson Plarre) and submit the fully completed entry form before 5:00pm AEST on 4 September 2016.
- WEBSITE HOME PAGE – by visiting the Promoter’s website, www.fergusonplarre.com.au, follow the prompts to visit the competition page and input the requested details as prompted (first and last name, valid email & closest Ferguson Plarre location) and submit the fully completed entry form before 5:00pm AEST on 4 September 2016.
- Only 1 entry per entrant by each entry method is permitted (a maximum of 3 entries per entrant in total). Multiple entries using an entry method will be deemed invalid.
- The promotion commences on 04/08/2016 and ends at 5:00pm AEST on 4 September 2016.
- 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 to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
- Entries that are in the Promoter’s reasonable opinion: incomplete; indecipherable; or illegible will be deemed invalid.
- 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.
- The Promoter’s decision is final and no correspondence will be entered into.
- There is one (1) prize to be won in this promotion. The winning entry determined in accordance with these terms and conditions will win a Ferguson Plarre Bakehouses birthday cake every year for the rest of their life. This prize is non- transferable and can only be used by the winner once per year for the winner’s birthday. This prize is valued at $100 per year (Total projected value – $10,000 based on 100 years) and will be delivered in the form of a redeemable card.
- The provisional winning entries will be drawn at the Ferguson Plarre Bakehouses Head Office, 35 Harrick Road, Keilor Park, Vic, 3042 at 10am (AEST) on 16 September 2016. All valid and eligible entry drawn by the Promoter will be recorded in the order drawn.
- The provisional winner will be contacted by email between 10.01am and 11am AEST on 16 September 2016. If the provisional winner does not respond to the email within ten days or otherwise cannot be connected, then that provisional winner will be invalidated and we will call the next drawn provisional winner who will be required to respond to the email on the terms outlined above. This process will continue until a provisional winner responds to the the email. Once a provisional winner responds to the email, they will become a confirmed winner and will be awarded the prize, subject to their agreement for any responses to be recorded and broadcast in any media (and any number of times) as determined by the Promoter (including on a radio station/s). If the provisional winner refuses to have their response email recorded, their entry will be invalidated and the winner determination process will continue until a winner is confirmed. The confirmed winner will be published at fergusonplarre.com.au and on Ferguson Plarre Bakehouses facebook page. The confirmed winner must notify the Promoter of their date of birth before the Prize can be awarded to them.
- To redeem the prize each year, the winner must contact the Promoter’s head office at least three weeks before their birthday each year to organise their cake. Prize value cannot be transferred into any other products and must be used for one (1) birthday cake up to the retail value of $100. Should the winner desire a birthday cake with a retail value of more than $100, then the prize can be used to reduce the retail price of the birthday cake by $100. If for any reason a winner does not redeem the prize in any year by contacting the Promoter at least 3 weeks before their birthday, then the prize for that year will be forfeited.
- If in any year the prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the same value.
- Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
- The prize will automatically lapse upon the death of the winner.
- If during the lifetime of the winner, the Promoter ceases to carry on a business of manufacturing or selling birthday cakes, then the prize will automatically lapse, and the Promoter will not be obligated to provide any replacement or substitute prize.
- 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 an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
- 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.
- Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
- The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
- 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, as well as any other implied warranties under the ASIC Act 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 its respective officers, employees and agents) 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 promotion.
- Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) 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: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (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 receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use/redemption of a prize.
- As a condition of accepting a prize, each winner must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
- The Promoter collects personal information in order to conduct the promotion and may, for this 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 on providing this information. 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 or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries become the property of the Promoter.
- If entering via the Facebook Page, entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at facebook.com/terms.php.
- This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook. Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.
Information obtained through the Ferguson Plarre Bakehouses website includes Internet Protocol (IP) address and browse/operating system information that is used solely for the purposes of website statistical evaluation.
Ferguson Plarre Bakehouses also collects information through it’s Birthday Club, Delicious Reminders Club and any cake orders that are made online. This is done with the users consent. This information includes, your name, address, telephone number, email address, date of birth and credit card details.
Statistical information collected is not made available to third parties outside Ferguson Plarre Bakehouses Pty Ltd without the individuals consent or to the extent required by law.
Ferguson Plarre Bakehouses will, on request, provide an individual with access to any information we hold about them unless there is an exception which applies under the National Privacy Principles. We may recover from them our reasonable costs of providing access to this information.
Appropriate technology and security policies, rules and measures will be implemented to protect the personal information that we have under our control from unauthorised access, improper use, alteration, unlawful or accidental destruction and accidental loss.
Personal information is removed from our systems when it is no longer required. The National Privacy Principles as set out in the Privacy Act 1988, as amended by the Privacy Amendment (Private Sector) Act 2000, are to be complied with in every respect by us.
Head Office – 03 9336 3200
Email – firstname.lastname@example.org
Mailing Address – 35 Harrick Road, Keilor Park, Victoria, 3042