Easter Giveaway – Terms and Conditions

1. This “Easter Cookie Dough Giveaway” (Competition) is promoted by Charlie’s Fine Food Co (12 109 579 508) and ANNA POLYVIOU (we, us or our).

2. To the extent of any inconsistency between these Terms and any other reference to this Competition, these Terms prevail.

3. The Competition:

(a) begins at 9.00am Australian Eastern Standard Time (AEST) on 23 March 2024 ; and

(b) ends at 11.59pm AEST on 30 March 2024.

Entry Requirements

5. The Competition is open to Australian residents aged 16 or over. Entrants under 18 years of age must have parent or guardian’s permission to enter

6. Employees and contractors (and their Immediate Families) of Charlie’s Fine Food Co and Anna Polyviou and the agencies associated with this Competition are ineligible to enter.

How do I enter?

7. This Competition is a game of chance. Skill plays no part.

8. To enter the Competition, you must, during the Promotion Period:

(a) Tag a friend in the comments you would like to share this prize with

(b) Unlimited entries allowed

9. We may, at any time:

(a) verify the validity of entries and entrants (including your identity, age and place of residence); and

(b) disqualify any entrant whose entry is not in accordance with these Terms or who otherwise tampers or interferes with the entry process.

10. Incomplete, indecipherable or illegible entries will be invalid at our discretion.

11. We are not responsible for incorrect, incomplete, lost, late or misdirected entries.

12. If there is a dispute as to your identity or details, we reserve the right to determine your identity or details and our determination is final.

Selecting the winner

13. There will be 1 x major prize winner.

14. The winner/s will be randomly drawn.

15. We will conduct the draw:

(a) at our office at 225 East Boundary Road, Bentleigh, Victoria, Australia; and

(b) between 9am and 5pm AEST on Tuesday 2 April 2024.

16. We may draw additional valid reserve entries and record them in case:

(a) an ineligible entrant is drawn; and

(b) we elect to draw on the reserve entries.

How will the winner be notified?

17. The winner will be notified after 12pm AEST on Wednesday 3 April 2024 by DM.

18. It is your responsibility to notify us in writing if your contact details change.

19. The name of the winner may be published on our websites and social media pages, and in any other promotional material that we consider relevant. By entering the Competition, you consent to us publishing your details.

20. Our draw is final.

Prize details

21. The total value for major prize (win 3 month of cookie dough for you and a friend) is AUD $234 (inclusive of GST) and includes;

12 x Cookie Dough Choc Brownie
12 x Cookie Dough Raspberry Donut

Each winner will receive 12 tubs of Cookie Dough – delivered in one installment.

22. Prize values are based on the recommended retail prices in Australia on 08 January 2024. We accept no responsibility for any change in prize value on the date the prize is redeemed.

How do I claim a prize?

23. To claim the prize, respond to the DM message with your full name, email, shipping address and phone number. The prize will be delivered to two addresses.

24. The prize(s) must be claimed as offered within 14 days of the winner’s announcement and is subject to product availability.

25. Any part of the prizes may be replaced with something of similar value or specification if it is unavailable or out of stock, subject to required regulatory approval. Winners located outside metro areas may receive the equivalent value in vouchers to purchase the product.

26. A prize is not transferable, saleable or redeemable as cash, credit or equivalent.

27. You should seek independent advice, including financial advice, as implications (such as tax) may arise as a result of claiming the prize(s).

28. You must comply with all terms and conditions of use of the prize(s).

29. Before claiming the prize we may require you to sign a legal release in a form we determine.

30. At the end of the Competition, we will, acting reasonably meet all applicable existing claims for prizes and entitlements to claims notwithstanding the advertised prize pool has been exceeded. If a printing error or other quality assurance matter occurs outside your control, we will not refuse to award a prize.

Unclaimed Prizes

31. If the winner does not claim their prize within the prescribed time, we will conduct a redraw:

(a) using the same method of draw specified in clause 14;

(b) at our office at 225 East Boundary Road, Bentleigh Victoria, Australia; and

32. The winner of the redraw will be notified after 12pm AEST on Tuesday 19 April 2024 by email.

Entries

33. We own all entries, including any Intellectual Property Rights comprised in the entries and their content.

34. We are not liable in any way for your entry to the fullest extent permitted by law.

35. You warrant and agree that:

(a) your entry does not contain viruses and will not cause injury or harm to any person or entity; and

(b) you will comply with all applicable laws and regulations, including those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.

What happens to my personal information?

36. Entries may be entered into a database.

37. By entering this Competition, you consent to us:

(a) publishing your Personal Information, or disclosing your Personal Information to State and Territory lottery departments, as required by relevant laws; and

(b) using your name and likeness in any media, worldwide, for an unlimited period for promotional purposes without payment to you, including for the purposes of promoting this Competition and any products manufactured, distributed and/or supplied by us.

38. If you wish to access, or for us to update, correct or delete, your Personal Information or your entry, contact us using the details below.

Liability

39. Nothing in these Terms excludes, restricts or modifies any rights or remedies under Schedule 2 of the Competition and Consumer Act 2010 (Cth) that cannot be excluded, restricted or modified.

40. Subject to clause 39 and to the fullest extent permitted by law, we:

(a) are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorised access to entries or any other event beyond our control. In these circumstances, if we elect to cancel the Competition, we do so without liability and may reschedule it on the same terms;

(b) make no express or implied warranties, representations or guarantees, in fact or in law, regarding this Competition or the merchantability, quality or fitness for purpose of any part of the prizes; and

(c) exclude all liability (including for negligence) for any personal injury or loss or damage (including for loss of opportunity, business, goodwill or profits), whether direct, indirect, special or consequential, arising in any way out of the Competition, including where arising out of:

i. any technical difficulties or equipment malfunction (whether or not under our control);

iii. any theft, unauthorised access or third party interference;

iv. any entry or prize claim that is cancelled, delayed, interrupted, diverted, late, lost, altered, damaged or misdirected (whether or not after our receipt or otherwise);

v. any variation in prize value or specification;

vi. any tax liability or similar charge incurred by the winner or the runners-up; or

vii. use of a prize by the winner

41. We are not responsible for any problem or technical malfunction of any telephone network or lines, computer systems, servers, providers or equipment, software, traffic congestion on the internet or any website, or any combination of those, including any injury or damage to entrants or any other person’s computer related to or resulting from participating in or downloading any materials in this Competition.

42. You are solely responsible for any costs associated with accessing our website, as these costs depend on the internet service provider you use. We accept no responsibility for your use (or attempted use) of those websites.

43. Without limiting any other terms, you indemnify us from and against your breach of these Terms.

Disruption to competition

44. If, for any reason, this Competition is interfered with in any way or is not capable of being conducted as planned due to a Force Majeure Event, including where such circumstance corrupts or affects the administration, security, fairness or integrity or proper conduct of this Competition, we may, to the fullest extent permitted by law:

(a) disqualify any entrant who tampers or interferes with the entry process; or

(b) subject to required regulatory approval, cancel, terminate, modify, reschedule or suspend the Competition, as appropriate.

45. Any entrant found to be using a form of software or third party application to enter multiple times (including scripting software) will have all entries invalidated and any claim to a prize will be invalidated. If you have already received a prize, you must (at your cost) immediately return it to us. We will determine whether a breach has occurred at our discretion and may request any documentation we consider necessary to assist with our assessment. You must immediately provide any requested documentation at your cost.

General

46. Any failure to enforce any of our rights does not constitute a waiver of those rights.

47. Any part of these Terms that is illegal, void or unenforceable may be severed, and the remainder will continue in force.

48. This Competition and any issues relating to the construction, validity, interpretation and enforceability of these Terms will be governed by the laws of Victoria, Australia.

49. The promoter of this Competition is CHARLIE’S FINE FOOD CO and ANNA POLYVIOU (12 109 579 508, 225 East Boundary Road, Bentleigh 3165)

50. If you have any questions regarding these Terms, you may contact us at [email protected]

Definitions

51. Force Majeure Event means an event or circumstance beyond our reasonable control, including but not limited to, natural disaster, acts of war, riots, vandalism, failure or shortage of power supplies or other essential utility, pandemic, epidemic, strike, a change in applicable law, infection by computer virus, bugs, tampering, unauthorised intervention, fraud or technical failures.

52. Immediate Families means any of the following (whether natural, step or adopted): spouse, ex-spouse, de-facto spouse, child, parent, grandparent, uncle, aunt, niece, nephew or sibling.

53. Intellectual Property Rights means all patents, rights to inventions, copyright, trade marks, trade names and domain names, rights in goodwill, rights in confidential information and any other intellectual property rights, whether registered or unregistered and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist now or in future anywhere in the world.

54. Personal Information has the meaning in the Privacy Act 1988 (Cth).

Terms & Conditions for all our instagram, facebook and email competitions.

1. Entry is open to Australian residents only.

2. Promotion commences at the date the competition is first published on our social media feeds and entries close up to seven days later unless otherwise stated.

3. Prizes are not transferable.

4. Winners will be notified via email or DM.

5. Each entrant acknowledges that this promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or instagram. In participating in this promotion entrants are providing information to the Promoter (Anna Polyviou / Charlies Fine Food Co) and not to Facebook or Instagram. To the extent permitted by law, each entrant releases Facebook and Instagram from any and all liability in relation to this promotion.

6. Entrants confirm and promise that their entry, including their story, is original and does not infringe the intellectual property rights of any third party. Further, entrants agree that ownership of any intellectual property rights in their entry, is assigned to the Promoter without the payment of any further fee or compensation.

7. Entrants acknowledge that the Promoter may use their entry, during the Promotional Period and afterwards, in any manner the Promoter sees fit including to encourage others to enter the competition on Facebook or Instagram.

8. Entrants acknowledge that any use of their entry by the Promoter during the Promotional Period does not constitute endorsement of their entry or guarantee that their entry will be shortlisted or will win a prize.

9. Entrants agree to sign any further documentation required by the Promoter to give effect to this arrangement as a precondition to being awarded their prize. To the extent permitted by law, entrants unconditionally and irrevocably consent to any act or omission that would otherwise infringe any moral rights in their entry. Entrants warrant that they have the full authority to grant these rights.

10. The promoter reserves the right to verify the validity of entries and to disqualify any entrant whom the promoter believes either has tampered with the entry process, or has submitted an entry otherwise than in accordance with these conditions of entry.

The Prize

11. The Promoter is not responsible or liable for any loss, damage or injury suffered by any winner.

12. The stated prize value is the recommended retail value (including GST) in Australia as provided by the supplier. The promoter accepts no responsibility for any variation in the value of the prize prior to acceptance by the winner. The promoter and its associated agencies and companies accept no responsibility for prizes damaged or lost in transit.

13. Prizes are not transferable and are not redeemable for cash. The judges’ decision is final and binding – no correspondence will be entered into. The Promoter accepts no responsibility for late or misdirected entries or other communications. The Promoter assumes no responsibility for any failure to receive an entry or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches or viruses. If such problems arise, then the Promoter may (where necessary with the approval of the relevant lottery authority) modify, cancel, terminate or suspend the promotion.

14. The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of the prize, if the Promoter determines, in their sole discretion, that a winner is not in the mental or physical condition necessary to be able to safely participate in the prize. It is a condition of accepting the prize that the winner may be required to sign a legal release in a form determined by the Promoter in its absolute discretion.

15. The Promoter takes no responsibility for any harm, illness, allergic reactions, or injuries caused by the use or consumption of the prize.

16. If any prize becomes unavailable for reasons beyond the Promoter’s control, the Promoter may substitute a prize of equal or greater value.