Promotional Terms & Conditions

Dough Getters Win a $10,000 Tasty Trip Competition 2024

PROMOTER’S DETAILS

1. The Promoter is Bakers Delight Holdings Ltd (ABN 88 052 528 202) of Level 1, 293 Camberwell Rd, Camberwell, Victoria, Australia 3124 (“Promoter”).

PROMOTIONAL PERIOD

2. The Promotion commences at 12:01am AEST on 15 August 2024 and ends at 11:59pm AEST on 11 September 2024 (“Promotional Period”).

ACCEPTANCE AND APPLICATION OF TERMS

3. These terms and conditions (“Terms”) govern the conduct of the Bakers Delight – Dough Getters “Win a $10,000 Tasty Trip” Promotion (“Promotion”) including the entry into, and participation in, the Promotion by entrants (“Entrants”).
4. Information regarding Prizes and how to enter the Promotion forms part of the Terms. Participation in the Promotion is deemed acceptance by the Entrant of these Terms.
5. The Entrant is responsible for ensuring the Entrant’s familiarity with the Terms at the time of participation.
6. 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 Entrant. Return of the Prize to the Promoter may be required by the Promoter if this occurs.
7. The Promoter reserves the right to alter these Terms at any time, subject to any applicable laws, licence or permit restrictions.

ELIGIBILITY

8. Entry to the Promotion is open to Australian permanent residents:
   1. Entrants aged 18 years or over who have fulfilled the requirements set out in clause 10
   2. Entrants aged under 18 years (“Underaged Entrant”) who obtain the prior consent of their parent or legal guardian to enter the Promotion and who have fulfilled the requirements set out in clause 10. The Underaged Entrant’s parent or legal guardian must read and consent to these Terms and may be required by the Promoter to confirm their consent at any time. These Terms will bind the Underaged Entrant and their consenting parent or legal guardian. All entries of Underaged Entrants who fail to disclose (or attempt to conceal) their age (as and where required) and/or who do not provide the required parental or guardian consent (as and where required) will be deemed invalid and the Underaged Entrant will be ineligible to receive or redeem any Prizes

(collectively (“Eligible Entrants”)).

9. The following persons are ineligible to enter the Promotion:
   1. Directors, officers and employees (and their immediate family members), franchisees and employees of franchisees of the Promoter, and of the Promoter’s related corporations;
   2. the Promoter’s advertising and sales promotion agencies; and
   3. any other suppliers, agencies or entities associated with the Promotion.
10. To enter the Promotion and be an Eligible Entrant, an Entrant must:
11. At all times during the Promotional Period, remain a current registered member of the Bakers Delight ‘Dough Getters’ Customer Loyalty Program (“Dough Getters Program”) (in accordance with the Dough Getters terms and conditions available at: https://www.bakersdelight.com.au/doughgetters/apptermsandconditions/) and have a valid and verified Dough Getters Account registered in the name of the Entrant; and
12. During the Promotional Period, make a purchase, in-store, from any Bakers Delight bakery within Australia that includes a purchase of at least one (1) Savoury Bite in choice of flavour (choose from Pizza Sauce Savoury Bite, BBQ Sauce Savoury Bite, Gherkin Savoury Bite, Sriracha Savoury Bite, Mayo Savoury Bite, Sweet Chilli Savoury Bite, Vegan Friendly Savoury Bite, Kransky Savoury Bite) (“Eligible Purchase”).
13. For the avoidance of doubt:
    • purchases made through any online ordering system, including orders for collection or delivery, fundraising, school lunches and catering, and purchases made via any third party providers or third-party delivery services are not Eligible Purchases for the purposes of this Promotion.
    • if the Entrant failed to link or record the purchase to the Entrant’s Dough Getters Account prior to completion of the purchase, the purchase will not be an Eligible Purchase for the purposes of this Promotion.
14. Entrants can sign up for free to the Dough Getters Program via the following link: https://www.bakersdelight.com.au/doughgetters/.
15. An Eligible Purchase must be a single transaction that includes at least one (1) Savoury Bite in any flavour, and may include the purchase of any number of additional products.

ENTRY

13. To enter the Promotion:
    1. Ensure that at the time of the transaction, the Eligible Purchase is linked to or recorded on the Entrant’s Dough Getters Account, by scanning the Entrant’s Dough Getters Card or the QR code on the Dough Getters App or providing the Entrant’s mobile phone number to a staff member before completing the Eligible Purchase; and
    2. Complete all required fields of the online entry form at: https://www.bakersdelight.com.au/occasion/win-a-10000-tasty-trip/ (“Online Entry Form”).
14. Entrants may only enter the Promotion in their own name. Entrant’s name must match the Entrant’s name on the Entrant’s Dough Getters Account.
15. An Eligible Purchase provides the Entrant with one entry in the Promotion (“Entry”) for each Eligible Purchase where the minimum purchase requirement of 1 Savoury Bite in any flavour has been met. If an Entrant makes multiple Eligible Purchases during the Promotional Period, then the Entrant will have an equivalent number of Entries.
16. Entrants may enter the Promotion on multiple occasions, provided the Entry requirements in clause 13a and 13b above are met during the Promotional Period.
17. Each Entry will be automatically entered into the Promotion once the Eligible Purchase is processed in the Entrant’s Dough Getters Account and the Online Entry Form is submitted successfully.
18. If required, Entrants must, at the time of making an Eligible Purchase, provide such information or do such things as may be requested by the Promoter or bakery staff to verify the identity of the Entrant and/or to verify, locate or access the Entrant’s Dough Getters Account, including:
19. providing information such as the Entrant’s valid mobile or other telephone number; and/or
20. providing the Entrant’s Dough Getters physical membership card or showing the Entrant’s Dough Getters App and/or the associated QR code on their mobile phone.
21. The Promoter reserves the right at all times to verify:
22. the eligibility of each Entrant; and
23. the validity of each Entry; and
24. The Promoter may, in its absolute discretion, disqualify any Entrant or Entry that the Promoter reasonably believes to be invalid, ineligible or otherwise not in compliance with these Terms.
25. Each Entry must be received and recorded in the Promoter’s Dough Getters Program database before the end of the Promotional Period. An Eligible Purchase is deemed to be received by the Promoter at the time it is recorded in the Promoter’s Dough Getters Program database, and not at the time of purchase by the Entrant.
26. The Promoter is not liable for any delayed, late, lost, corrupted or incorrectly recorded or submitted Entry due to error, omission, tampering, deletion, theft, fraud, technical malfunction, communications failure or any other matter outside the Promoter’s reasonable control. All such Entries will be deemed invalid.
27. The Promoter has no control over communications networks, including the Internet, the website, the Bakers Delight Dough Getters App and the Dough Getters Program and is not liable for any problems, claims, losses or costs, including late or missing Entries, associated with any of them due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) any costs incurred.
28. Entrants are solely responsible for their own costs associated with making an Eligible Purchase and for any costs associated with maintaining, using and accessing their Dough Getters Account and/or the Dough Getters App, including any internet and mobile phone usage, service and/or data charges.
29. Entrants acknowledge that, once an Entry is processed, it cannot be withdrawn, altered or deleted (unless determined to be invalid or ineligible by the Promoter).
30. Entries received will be considered final by the Promoter. The Promoter accepts no responsibility for late, lost or un-recorded Entries. If any contact details or other information associated with the Entrant’s Dough Getters Account is incorrect, the Entrant’s Entries will be deemed invalid.
31. The use of any automated entry software or any mechanical, electronic or other means that allows an Entrant to duplicate Entries or to automatically enter repeatedly is prohibited and will render all Entries submitted by that Entrant invalid.
32. Any conduct on the part of an Entrant that has the effect or intent of breaching these Terms, tampering with the Entry process, or jeopardising or interfering with the lawful, proper and fair conduct of the Promotion in any way, will automatically disqualify the Entrant from participating in the Promotion. The Promoter reserves its legal rights to recover damages and other compensation from that Entrant and that Entrant agrees to indemnify the Promoter (and its directors, officers, employees, agents, franchisees and related companies) for any losses, costs, expenses and damage incurred in connection with such conduct.

PRIZES

29. A total of one (1) individual prize pack is available to be won during the Promotion, with a total prize pool value of $10,000.
30. The prize pack available to be won includes:
31. Two (2) $4,500 digital prepaid Mastercard gift cards, valued at a total of $9,000 (“Mastercard gift cards”); and
32. one (1) $1,000 digital “Strand” gift card to be redeemed at any Strandbags or Zelows store (“Strand gift card”) as per the Strandbags Group Pty Ltd terms and conditions (see clause 43)

(“Prize”).

31. No bonus prizes will be awarded as part of this Promotion.
32. The winner will be selected and notified by the manner below.

PRIZE DRAW

33. The one (1) winner will be randomly selected at 2:00pm AEST on Wednesday 18 September 2024 at the Promoter’s head office at Level 1, 293 Camberwell Rd, Camberwell, Victoria, Australia 3124 (“Prize Draw”).
34. The Promoter will use the approved electronic random draw system known as “Random Draws” to randomly select the winner.
35. Each Entry will be automatically entered into the Prize Draw.
36. Each Entry in the Prize Draw has a random and equal chance of being drawn.
37. The winner will be notified by email within 5 business days of the Prize Draw. If the winner does not respond to the notification email, the Promoter will use reasonable endeavours to attempt to contact the winner via telephone. If the winner does not contact the promoter within 14 days of the initial contact then the Prize will be re-drawn.
38. The Prize winner will be published within 30 days on the Dough Getters terms and conditions page of the Promoter’s website https://www.bakersdelight.com.au/dough-getters-offers-and-competitions-terms-conditions/ for such period as required by any applicable law or regulatory authority.

CLAIMING AND REDEEMING PRIZES

39. In order to receive notification of winning, and to claim or redeem any Prizes won, Entrants are responsible for having ongoing access to, and regularly checking, their nominated postal address, email address, mobile device including message service and their Dough Getters Account, including (if necessary) the current Dough Getters App.
40. If required by the Promoter, and in order to claim their Prize, the winner must provide proof of the Eligible Purchase. Failure to provide requested proof of purchase may, in the Promoter’s sole discretion, result in the disqualification or invalidation of the Entrant’s Entry and/or forfeiture of any right to a Prize. Proof of the Eligible Purchase during the Promotion Period recorded against the winner’s Dough Getters Account will suffice.
41. The Prize cannot be varied, sold, redeemed for cash, exchanged or used by any person other than the winning Entrant.
42. Mastercard gift cards
    1. The winner will receive the two (2) digital prepaid Mastercard gift cards via email to the email address recorded in the Entrant’s Dough Getters Account.
    2. The Mastercard gift cards will be valid for use up to the expiry date as shown on each Mastercard gift card.
    3. The Mastercard gift cards are subject to the terms and conditions that appear at https://ugca.au/.
43. Strand gift card
44. The winner will receive one (1) $1,000 Strand gift card given in the form of an e-gift card, redeemable for goods at any Strandbags or Zelows Store, and also online at Strandbags.com.au.
45. The Strand gift card will be provided as a PDF to the winner via email to the email address recorded in the Entrant’s Dough Getters Account.
46. The Strand gift card expires 36 months from the date of issue (“the expiry date”) and must be redeemed before the expiry date.
47. Strandbags Group Pty Ltd and the Promoter will not be liable for any gift cards defaced, mutilated, altered, lost or stolen and they cannot be replaced or refunded.
48. The Strand gift card is subject to the terms and conditions that appear at https://www.strandbags.com.au/pages/giftcardterms.
49. The Promoter will deliver the Prize to the winner within 28 days after the winner has been identified.
50. The Promoter is not responsible or liable in any way if a winner is prevented from receiving their Prize due to circumstances beyond the Promoter’ control, such as delays, technical malfunctions, failures or non-acceptance by any vendor or business.

UNCLAIMED PRIZE DRAW

46. The Promoter will make reasonable efforts to contact the winner.
47. If a Prize is unclaimed by the winner or if a Prize is won by Entrants who are rendered ineligible, invalid or disqualified in accordance with these Terms, the Prize shall be included in the Unclaimed Prize Draw.
48. The Unclaimed Prize Draw will occur at the Promoter’s head office at Level 1, 293 Camberwell Rd, Camberwell, Victoria, Australia 3124, at 2.00pm AEST on 2 October 2024 using Random Draws to randomly select the winner (“Unclaimed Prize Draw”).
49. All eligible Entries submitted during the Promotional Period will be included in the Unclaimed Prize Draw.
50. The winner will be notified by email within 5 business days of the Unclaimed Prize Draw. If the winner does not respond to the notification email, the Promoter will use reasonable endeavours to attempt to contact the winner via telephone.
51. The winner in the Unclaimed Prize Draw will be published within 30 days on the Dough Getters terms and conditions page of the Promoter’s website (https://www.bakersdelight.com.au/doughgetters/apptermsandconditions/) for such period as required by any applicable law or regulatory authority. If the Prize winner cannot be found then such information will be published.

PRIVACY

52. The Promoter will not use Entrants’ personal information except in accordance with the purposes stated in these Terms or otherwise in accordance with the Dough Getters terms and conditions.
53. Entrants’ personal information will otherwise be governed in accordance with the Promoter’s general privacy policy, accessible at: https://www.bakersdelight.com.au/privacy/, and the Dough Getters privacy policy, accessible at: https://www.bakersdelight.com.au/doughgetters/appprivacypolicy/.
54. The winner consents to the Promoter:
55. publishing the Entrant’s last name, initial of his or her first name and locality on the Promoter’s website or in any other media, as required by any relevant Australian State or Territory regulatory authority and/or in accordance with any applicable licence or permit conditions.
56. using their name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media without remuneration for the purpose of promoting this Promotion and agree that any such images will remain the property of the Promoter.

GENERAL

55. The Dough Getters terms and conditions apply to the Promotion. These are available at: https://www.bakersdelight.com.au/doughgetters/apptermsandconditions/.
56. Nothing in these Terms limits, excludes or modifies (or purports to limit, exclude or modify) any applicable statutory consumer guarantees as provided under the Australian Consumer Law or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”).
57. Except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees, the Promoter (including its officers, employees, agents, franchisees and related companies) excludes all liability (including negligence), for any personal injury; or any loss, cost, expense or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion.
58. Except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees, the Promoter (including its officers, employees, agents, franchisees and related companies) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss, cost, expense or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of:
59. any technical difficulties, internet or telephone outages, delays or failures, corruption or equipment or software malfunction (whether or not under the Promoter’s control);
60. any fraud, theft, unauthorised access or third party interference;
61. any Entry or Prize claim that is late, lost, altered, damaged, corrupted or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;
62. any variation in Prize value to that stated in these Terms; or
63. an Entrant accepting, claiming, redeeming or using a Prize.
64. If the 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 failures, unauthorised intervention or fraud, act of war or terrorism, pandemic, epidemic, state of emergency or disaster (natural or otherwise), security risk, corruption or other risk of integrity of the Promotion, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law and subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Promotion, as appropriate. Where it is practical for it to do so, the Promoter will notify Entrants of such changes.
65. In purchasing products, for the purposes of Entry into the Promotion, it is the Entrant’s responsibility to ensure that any products purchased meet the Entrant’s dietary or other requirements. The Promoter accepts no responsibility for any particular product items being unavailable at any Bakers Delight bakery at any time.
66. If any legitimate dispute arises between an Entrant and the Promoter concerning the conduct of this Promotion or claiming the Prize, the Promoter will take reasonable steps to consider the Entrant’s point of view, taking into account any facts or evidence put forward by the Entrant, and to respond to it fairly within a reasonable time. In all other respects, all of the Promoter’s decisions in respect of the Promotion are final and no correspondence will be entered into.
67. All queries, issues and concerns in connection with this Promotion are to be directed to the Promoter by completing the Contact Us form at https://www.bakersdelight.com.au/contact/ or by calling the Promoter’s Customer Relations Team on 1800 325 325 during office hours. All disputes are to be adjudicated by the Promoter.

DEFINITIONS:

63. For the purposes of these Terms:
64. “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
65. “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.
66. Any dollar-amount is a reference to Australian Dollars.