Win a Set of Kitchenaid Appliances

Terms and Conditions – Donna Hay / KitchenAid November 2018
The Promoter is donna hay Pty Ltd (ABN 92059520151) of Suite 101, 19A
Boundary Street, Darlinghurst NSW 2010 Australia. Telephone number (02)
9167 8897
1. Information on how to enter and prizes forms part of the terms of entry.
Entry into the competition is deemed acceptance of these terms and
conditions.
2. To the extent of any inconsistency between these Terms and Conditions
and any other reference to this competition, these Terms and
Conditions prevail.
Who can enter
3. Entry is open to all residents of Australia except employees and immediate
families of the Promoter and their associated companies and agencies
and participating outlets. 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.
4. All entrants under the age of 18 must obtain the prior permission of their
legal parent or guardian over the age of 18 to enter. The parent or
guardian of the entrant must read and consent to all Terms and
Conditions. The parent or guardian may be called to verify consent and
may be required to sign a release at the discretion of the Promoter. The
release will require the winner’s parent or guardian to accept
responsibility for the acts and forbearances of the winner. The release
will include the full name, address and telephone number of the
winner’s legal guardian. Failure to provide such proof, particulars or
releases will immediately invalidate the winner’s entitlement to the prize,
subject to State and Territory legislation. If the competition winner is
under 18 years of age, the prize will be awarded to the winner’s parent
or legal guardian.
5. The Promoter reserves the right to request winners to provide proof of
identity, proof of residency at the nominated prize delivery address
and/or proof of entry validity or proof of registration ownership in order
to claim a prize. Proof of identification, residency and entry considered
suitable for verification is at the discretion of the Promoter. In the event
that a winner cannot provide suitable proof, the winner will forfeit the
prize in whole and no substitute will be offered.
When to enter
6. The competition commences on 27/11/2018 at 00:01 (AEDT) and concludes
on 18/12/2018 at 23:59 (AEDT). Entries must be received by the
Promoter prior to the competition close date and time.
7. The time of entry will in each case be the time the online entry is received by
the donnahay.com database, not at the time of transmission by the
entrant.
8. The Promoter accepts no responsibility for any late, lost or misdirected
entries including emails not received by the Promoter or delays in the
delivery of the email message due to technical disruptions, network
congestion or for any other reason.
How to enter
9. The details of how to enter the competition are set out at
https://www.donnahay.com.au/competition/win-a-set-of-kitchenaidappliances
10. Entrants may enter the competition by completing the entry form on
donnahay.com.au and answering, in 25 words or less “Which recipe
from Modern Baking you plan to make with your new KitchenAid
equipment, and why?” Entrants need to register membership to
donnahay.com.au to enter. Registration is Free. The cost of accessing
the promotional website will be dependent on the entrant's individual
Internet Service Provider.
12. Entrants are required to take full responsibility for the content of their
entry and for ensuring that their entry complies with these Conditions of
Entry. For the purposes of these content requirements, “entry content”
includes any content (including text, photos, videos and email
messages) that entrants submit, upload, transmit, publish, communicate
or use in connection with their entry into the Promotion. Entries must be
the entrant’s original work. The Promoter reserves the right to verify, or
to require the entrant to verify, that the entry is the entrant’s original
work. If an entry cannot be verified to the Promoter’s satisfaction, the
entry will be deemed invalid. The Promoter may, in its absolute
discretion, edit, modify, delete, remove or take-down any part of an
entrant’s entry. An entrant’s entry must not include:
. (a) any image or voice of any other person without that person’s
express consent. Entrants warrant that if any such content is
included, they have obtained the express consent of the relevant
person;
. (b) any content that contravenes any law, infringes the rights of any
person or is potentially insulting, inflammatory, defamatory,
obscene, offensive, discriminatory, indecent or otherwise
objectionable or inappropriate (which includes, without limitation,
any content involving nudity, malice, excessive violence or
swearing); and
. (c) any literary, dramatic, musical or artistic work, any audio-visual or
sound recording, or any other item in which copyright subsists,
unless the entrant is entitled to do so. If an entrant has any
doubts about whether they have the right to include any content
(for example, recorded music) they must not include it. By
including any such content in their entry, the entrant warrants that
they have the permission of the relevant copyright owner to do so
and that this permission allows the Promoter to use the entry in
accordance with these Conditions of Entry.
13. The Promoter reserves the right to disqualify a winner if Promoter
becomes aware that the winner and/or the winner’s entry is of a type
described in this clause.
14. Any entry that is made on behalf of an entrant by a third party will be
invalid.
15. The Promoter reserves the right to disqualify any entrant who tampers
with the entry process, who submits an entry that is not in accordance
with these Terms & Conditions of Entry or who has, in the opinion of
Promoter, engaged in conduct in entering the Promotion which is
fraudulent, misleading, deceptive or generally damaging to the goodwill
or reputation of the Promotion and/or Promoter. This includes, but not
limited, to entrants and households using multiple email addresses,
postal addresses, PO Box addresses or SIM cards to register single or
multiple purchases.
Number of Entries permitted
16. Multiple entries per person. Only one prize will be awarded per person.
17. All entrants may enter as many times as they like but only one prize will
be awarded per household.
Determination and Notification of winner
18.There will be one major prize winner and four runner-up prize winners.
The Prize is not transferable or exchangeable and cannot be redeemed
for cash. The (total) five winners will be valid entries submitted in
accordance with these terms and conditions as judged by the donna
hay team to be the most creative and original on 20/12/2018 at 09:00
(AEDT) at donna hay Pty Ltd, Suite 101, 19A Boundary Street,
Darlinghust, NSW, 2010, Australia. This competition is a game of skill.
Chance plays no part in determining the winner.
19. If any particular determination is scheduled on a public holiday, the
determination will be take place on the following business day.
20. The Promoter’s decision is final and the Promoter will not enter into
correspondence regarding the competition result or any other decisions
the Promoter makes in connection with the Promotion.
21. The winners will be notified by telephone or email within three business
days of being determined. Winners of prizes will be notified by
24/12/2018.
22. Prizes will be awarded to the person named in the entry. However, in a
dispute, will be awarded to the account holder of the entry mechanism
used to submit their entry (i.e. mobile phone account holder or land line
account holder).
23. Should an entrant’s contact details change during the promotional
period, it is the entrant's responsibility to notify the Promoter. A request
to access or modify any information provided in an entry should be
directed to the Promoter.
Prize on offer
24. There will be one (1) major prize on offer, major prize valued at
$2815.64. There will also be four (4) runner-up prizes on offer, each
individual prize valued at $1316.65. Total prize pool valued at $8082.24
(including GST) as at 26/11/2018.
25. One (1) winner will receive:
• KitchenAid Stand Mixer (KSM150) RRP$879.00
• KitchenAid Sifter + Scale Attachment (KSMSFTAA) RRP$249.00
• KitchenAid 9 Cup Food Processor (KFP0919) RRP$299.00
• KitchenAid Pro Line Blender (KSB8270) RRP$1,199.99
• donna hay Modern Baking cookbook RRP$55
• donna hay silicone basics set RRP$73.80
• donna hay silicone measuring spoons RRP$19.95
• donna hay pot holder RRP$14.95
• donna hay notebook RRP$24.95
26. Four (4) winners will each receive:
• KitchenAid Stand Mixer (KSM150) RRP$879.00
• KitchenAid Sifter + Scale Attachment (KSMSFTAA) RRP$249.00
• donna hay Modern Baking RRP$55
• donna hay silicone basics set RRP$73.80
• donna hay silicone measuring spoons RRP$19.95
• donna hay pot holder RRP$14.95
• donna hay notebook RRP$24.95
- Prize values are based upon the recommended retail prices at the time of
printing (inclusive of GST). The Promoter accepts no responsibility for change
in prize value between now and the ultimate prize redemption date.
27. Prizes cannot be transferred, exchanged or redeemed for cash.
28. It is a condition of accepting the prize that the winner must comply with
all the conditions of use of the prize and the prize supplier’s
requirements
29. 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. If an entrant under 18 years of age wins a prize then their
parent or guardian must sign the legal release referred to in this clause
on the minor’s behalf.
Further Terms and Conditions
30. The Promoter (subject to State and Territory Legislation) reserves the
right to amend, cancel or suspend this competition if an event beyond
the control of the Promoter corrupts or affect the administration security,
fairness, integrity or proper conduct of this competition. The Promoter
will disqualify any individual who has tampered with the entry process or
any other aspect of this competition.
31. If for any reason this competition is not capable of running as planned,
including due to infection by computer virus, bugs, tampering,
unauthorised intervention, fraud, technical failures or any causes
beyond the control of the Promoter, which corrupt or affect the
administration, security, fairness or integrity or proper conduct of this
promotion, the Promoter reserves the right in its sole discretion to
disqualify any individual who tampers with the entry process, take any
action that may be available, and to cancel, terminate, modify or
suspend the competition, subject to any direction given under State
Regulation.
32. Any cost associated with accessing the promotional website is the
entrant's responsibility and is dependent on the Internet service provider
used.
33. Any entrant found to be using any form of software or third party
application to enter multiple times (including scripting software) will have
all entries invalidated and any claim to any prize will be invalidated. If
such an entrant is awarded a prize and then found to have breached
this clause, the entrant must immediately return any awarded prize to
the Promoter. The Promoter has sole discretion to determine if this
clause has been breached by any entrant. The Promoter reserves the
right to request whatever documentation it deems necessary to confirm
if the entrant has breached this clause. An entrant must provide any
requested documentation to the Promoter upon request.
34. Any entrant found to be entering incorrect contact details, including
incorrect email contact details, will have all entries invalidated and any
claim to any prize will be invalidated. If such an entrant is awarded a
prize and then found to have breached this clause, the entrant must
immediately return any awarded to the Promoter. The Promoter has
sole discretion to determine if this clause has been breached by any
entrant. The Promoter reserves the right to request whatever
documentation it deems necessary to confirm if the entrant has
breached this clause. An entrant must provide any requested
documentation to the Promoter upon request.
35. If the prize is unavailable, for whatever reason, the Promoter reserves
the right to substitute the prize for a prize of equal or greater value,
subject to State Regulation. It is a condition of accepting the prize that
the winner must comply with all the conditions of use of the prize and
prize supplier’s requirements. Each prize must be taken as stated and
no compensation will be payable if a winner is unable to use the prize
as stated.
36. The Promoter highly recommends a current residential street address
be provided when requested for ease of correspondence and potential
prize delivery. The Promoter makes all reasonable efforts to deliver
prizes to the addresses provided by competition entrants. The Promoter
cannot guarantee that any prizes returned to the Promoter due to nondelivery
at the provided address will be re-sent to the prize winner. The
Promoter and its associated agencies and companies will not be liable
for any damage to or delay in transit of prizes.
37. The Promoter reserves the right to re-determine the winner in the event
of an entrant, claiming to be a winner, being unable to satisfy these
Terms and Conditions.
Copyright, Statutory guarantees, Waiver and liability
38. In consideration for the Promoter awarding the prize to the winner, the
winner hereby permits the winner’s submission, image and/or voice, as
recorded, photographed or filmed during the winner’s participation in the
prize to appear in connection with Donna Hay Pty Ltd or the advertising
or marketing thereof, in any media whatsoever throughout the world and
the winner will not be entitled to any fee for such use.
39. The Promoter acknowledges that the entrant may own intellectual
property rights (including copyright) in any material created or otherwise
submitted to the Promoter in connection with the entrant’s entry or
participation in any aspect of the prize (Works). The entrant hereby
grants the Promoter a non-exclusive, irrevocable, perpetual, worldwide
licence to use the Works (including modifying, adapting or publishing
the Works, whether in original or modified form, in whole or in part or
not at all). The entrant acknowledges and agrees that neither the
entrant nor any third party shall be entitled to any fee, royalty or other
consideration in respect of such licence. If the entrant holds, now, or at
any time in the future, any so called “droit moral” or moral rights in
connection with the Works, the entrant unconditionally and irrevocably
consents, for the benefit of the Promoter and all of its assignees,
licensees and sub licensees to material alterations to the Works
(including, without limitation, any copying, editing, adding to, taking
from, adapting and/or translating the Works, in any manner or context)
for any purpose, notwithstanding that such conduct may amount to
derogatory treatment of the Works for the purposes of the Copyright Act
1968 (Cth).
40. In the case of the intervention of any outside act, agent or event which
prevents or significantly hinders the Promoter’s ability to proceed with
the competition on the dates and in the manner described in these
terms and conditions, including but not limited to vandalism, power
failures, tempests, natural disasters, acts of God, civil unrest, strike,
war, act of terrorism, the Promoter may in its absolute discretion cancel
the competition and recommence it from the start on the same
conditions, subject to any directions given under State Regulation.
41. The Promoter does not exclude any rights and remedies in respect of
goods or services under the Australian Consumer Law in the
Competition and Consumer Act (2010) (Australian Consumer Law)
which cannot be excluded, restricted or modified. However, the
Promoter shall not be liable for any loss or damage whatsoever which is
suffered (including but not limited to indirect or consequential loss) or for
any personal injury suffered or sustained in connection with any prize/s
except for any liability which cannot be excluded by law. The Promoter
is not responsible for any incorrect or inaccurate information, either
caused by entrant or for any of the equipment or programming
associated with or utilised in this competition, or for any technical error,
or any combination thereof that may occur in the course of the
administration of this competition including any omission, interruption,
deletion, defect, delay in operation or transmission, communications line
or telephone, mobile or satellite network failure, theft or destruction or
unauthorised access to or alteration of entries.
42. The Promoter reserves the right in its sole discretion to disqualify any
individual who the Promoter has reason to believe has breached any of
these conditions, or engaged in any unlawful or other improper
misconduct calculated to jeopardise the fair and proper conduct of the
promotion. The Promoter’s legal rights to recover damages or other
compensation from such an offender are reserved.
43. All entries become the property of The Promoter (with the exception of
any intellectual property rights comprised therein). All opt-in entries will
be entered into a database and The Promoter may use the entrant’s
names, addresses and telephone numbers for future promotional,
marketing and publicity purposes in any media worldwide without notice
and without any fee being paid unless otherwise advised by the entrant.
By opting-in, entrants confirm that they allow their details to be used for
this purpose. If entrants no longer consent to their details being used for
future marketing purposes, the entrant should contact The Promoter on
their details set out below. Any request to update, modify or delete the
entrant’s details should be directed to The Promoter.
44. The Promoter collects information about you, including for example your
name and contact details which you provide when registering or using
our services as well as information from data houses, social media
services, our affiliates and other entities you deal or interact with for
example by using their services. We collect and use that information to
provide you with our goods and services, to promote and improve our
goods and services, to provide you with targeted advertising based on
your online activities, for the purposes described in our Privacy Policy
and for any other purposes that we describe at the time of collection.
We may disclose your information to our related companies, including
those located outside Australia. Any of us may contact you for those
purposes (including by email and SMS) at any time. We may also
disclose your information to our service and content providers, including
those located outside Australia. A request to access, update or correct
any information should be directed to the Promoter at its address set
out above.