Win 1 Year Supply of FUNDAY Terms and Conditions
Name of Event
FUNDAY's "Win a Year's Supply of FUNDAY" Competition ("Promotion").
Promoter
Better Confectionery Pty Ltd (ABN 97 640 670 506)
Suite 3301, 404 High St, Windsor VIC 3181 ("Promoter")
Eligible Entrants - Location of Residence
Australia
Eligible Entrants
The Promotion is open to legal residents of Australia who have reached 18 years of age as of the beginning of the Promotion Period, and who are not:
· an employee of the Promoter; or
· domiciled with an employee of the Promoter; or
· an immediate family member of an employee of the Promoter.
Promotion Terms & Conditions
Item 1: Promotion Name
FUNDAY's "Win a Year's Supply of FUNDAY" Competition.
Item 2: Promoter
BETTER CONFECTIONERY PTY LTD – ABN: 97 640 670 506
Suite 3301, 404 High St, Windsor VIC 3181
Instagram: @fundaysweets | Website: www.fundaysweets.com
Item 3: Website
https://www.fundaysweets.com/
Item 4: Entrant Restrictions
In order to be able to enter the Promotion, entrants must be resident in Australia and be aged 18 years or older at the time of entry. Employees of the Promoter, its related bodies corporate, suppliers, distributors and advertising and promotional agencies, and their immediate family members (spouses, parents, children, and siblings and their spouses) and household members of each (whether related or not), are ineligible to enter. Entrants are required to provide their first name, last name, email address and mobile phone number, and to opt in to receive FUNDAY marketing communications via email and SMS. The email address and/or Instagram handle provided will be used to notify the winner.
Item 5: Method of Entry
Information on how to enter and prizes form part of these terms and conditions. Submission of an entry is deemed acceptance of these terms and conditions. No purchase is necessary to enter. To enter, during the Promotion Period entrants need to do one of the following:
· Online: Visit https://www.fundaysweets.com/ and complete the online entry form, providing first name, last name, email address, mobile phone number and date of birth, and agree to receive FUNDAY marketing communications via email and SMS.
The Promoter reserves the right to verify the validity of entries and entrants (including an entrant's identity, age and address) 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.
Incomplete, indecipherable or illegible entries will be deemed invalid.
Only one entry per person is valid during the Promotion Period, regardless of method of entry.
Item 7: Winner Selection
One winner will be drawn at random from all valid entries received during the Promotion Period. The draw will take place at the Promoter's office, Suite 3301, 404 High St, Windsor VIC 3181, end of each month.
The Promoter's decision is final and no correspondence will be entered into.
Item 8: Prize
The Prize is a year's supply of FUNDAY products, with a maximum total prize pool value of AUD $1,642 (inc. GST).
Item 9: Prize Awarding
The winner will be notified in writing by direct via email address supplied when entering the Promotion
Winners must respond to the Promoter's notification message and provide prize delivery details in order to claim their prize. The prize must be claimed within 14 days after the relevant notification date. Any unclaimed prize will be forfeited by the winner.
If the winner does not satisfy these Terms and Conditions or cannot be contacted within a reasonable timeframe in accordance with the requirements of all regulatory authorities, the entry will be invalidated, and a further entry drawn at the same place as the original draw in order to distribute the unclaimed prize. All non-winning entries from the original draw will be included in the unclaimed prize draw. The winner of the unclaimed prize draw will be notified in writing (via the contact details supplied when entering the Promotion) within two (2) working days of the relevant re-draw, and the winner's name and state will be published on www.fundaysweets.com within 14 days of the relevant re-draw. This will continue until a valid winning entry is drawn.
Item 10: Delivery of Prize
The Promoter will arrange for the Prize to be shipped directly from its warehouse to the winner's nominated mailing address within Australia. The Promoter will cover shipping costs to addresses within Australia only; the Promoter is not responsible for delivery to addresses outside Australia.
Item 11: Exclusion of Liability
To the full extent permitted by law, the Promoter will not be liable for any injury, damage, expense or loss whatsoever (whether direct or consequential) to persons or property as a result of any person entering into the Promotion or accepting or using any prize.
The Promoter is not responsible for any incorrect or inaccurate information, or for any of the equipment or programming associated with or utilised in this Promotion, or for any technical error that may occur in the course of the administration of the Promotion.
The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to or alteration of entries.
Item 12: Use of Personal Information
The Promoter collects personal information (PI) in order to conduct the Promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers and prize suppliers as required in Australia. Entry is conditional on providing this PI. The Promoter will use and handle PI as set out in FUNDAY's Privacy Policy available at https://www.fundaysweets.com/pages/privacypolicy.
In addition to any use outlined in the Privacy Policy, the Promoter may, for an indefinite period unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant.
The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law, and how those complaints will be dealt with.
All entries become the property of the Promoter. The Promoter may disclose an entrant's PI to any entity outside of Australia in accordance with the Privacy Policy.
Item 13: General
Entrants agree that they are fully responsible for any materials or responses they submit via the Promotion, including but not limited to comments, recordings and images ("Content"). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever.
As a condition of entering the Promotion, each entrant licenses and grants the Promoter and the Promoter's affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (including Content) for any purpose, including future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
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 a reasonable period without remuneration, for the purpose of promoting the Promotion (including any outcome) and promoting any products manufactured, distributed and/or supplied by the Promoter in connection with the Promotion.
Nothing in these Terms and Conditions limits, excludes, modifies or purports to limit, exclude or modify the statutory consumer guarantees provided under the Competition and Consumer Act 2010 (Cth), or any other implied warranties under the Australian Securities and Investments Commission Act 2001 (Cth) 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 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, including out of:
· any technical difficulties or equipment malfunction (whether or not under the Promoter's control);
· any theft, unauthorised access or third-party interference;
· any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;
· any variation in prize value to that stated in these Terms and Conditions;
· any tax liability incurred by a winner or entrant; or
· taking of the prize.
The laws of Australia apply to this Promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Melbourne, Victoria, Australia.
The Promoter and entrants acknowledge that this Promotion is in no way sponsored, endorsed, affiliated with or administered by Instagram, Facebook or TikTok.
Item 14: Other Conditions
If for any reason beyond the reasonable control of the Promoter the Promotion cannot be conducted as reasonably anticipated, the Promoter reserves the right, in its sole discretion and unless prohibited by law, to (a) disqualify any entrant; and/or (b) subject to any regulatory directions, cancel, suspend, modify or terminate the Promotion.