THE CHEESECAKE SHOP "THE CHEESECAKE SHOP CHRISTMAS GIVEAWAY" PROMOTION 1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. The promoter is The Cheesecake Shop Pty. Ltd. (ABN 54 059 134 431) of 2 Lisbon Street FAIRFIELD EAST NSW 2165, telephone 61 2 9723 1011 (Australia) and 7B Canaveral Drive Rosedale Auckland 0632, telephone 64 9 475 9634 (New Zealand) ("Promoter").
3. Entry is only open to Australian and New Zealand residents.
4. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.
5. Employees (and their immediate families) of the Promoter, any The Cheesecake Shop store in Australia or New Zealand, and agencies associated with this promotion 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.
6. Promotion commences at 12:00am AEDST on 3 December 2018 and ends at 11:59pm AEDST (for Australian residents) and 11:59pm NZST (for New Zealand residents) on 20 December 2018 ("Promotional Period").
7. To enter, individuals must visit www.cheesecake.com.au/christmasgiveaway (for Australian residents) or www.thecheesecakeshop.co.nz/christmasgiveaway (for New Zealand residents) and follow the prompts to input the requested details (including their full name, email address and postcode) and submit the fully completed online entry form.
8. Eligible entrants are permitted one (1) entry only (multiple entries are not permitted)
9. Promotion is limited to the first one hundred thousand and twenty (100,020) eligible entrants. Any additional entrants will be excluded and the promotion will end when this limit has been reached.
10. 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 reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
11. 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.
12. The draw will take place at The Cheesecake Shop Pty Ltd, 2 Lisbon Street, Fairfield East NSW 2165 at 12:00pm (noon) AEDST on 24 December 2018. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. Winners will be notified in writing by email within two (2) business days of the draw. The Winners will be announced at https://www.cheesecake.com.au/christmasgiveawaywinners/ and https://www.thecheesecakeshop.co.nz/christmasgiveawaywinners/ from 25 December 2018.
13. The first five (5) valid entries randomly drawn will each win a $500 Barbeques Galore Gift Card. The next five (5) valid entries randomly drawn will each win a $500 Flight Centre Gift Card. The next ten (10) valid entries randomly drawn will each win a PlayStation 4 valued at AUD$400. The next twenty-five (25) valid entries randomly drawn from will each win a $250 Kmart Gift Card. The next twenty-five (25) valid entries randomly drawn will each win a $250 Bunnings Warehouse Gift Card. The next two-hundred (200) valid entries randomly will each win a $50 The Cheesecake Shop Gift Card. The next two hundred and fifty (250) valid entries randomly drawn will each win a full size Pavlova Dressed from The Cheesecake Shop valued from $29.95. The next four thousand and five hundred (4500) valid entries randomly drawn will each win a $10 off voucher for their next full-size cake purchase at The Cheesecake Shop. The next ninety-five thousand (95000) valid entries drawn will each win a $5 off voucher for their next full-size cake purchase at The Cheesecake Shop. All prizes will be awarded by email and in the currency of the winner’s country of residence, being either AUD or NZD.
14. Any ancillary costs associated with redeeming any voucher or gift card are not included. Any unused balance of any voucher or gift card will not be awarded as cash. Redemption of any voucher or gift card is subject to any terms and conditions of the issuer including those specified on the voucher or gift card. Gift cards will be valid for 36 months from the date of issue. Vouchers will be valid for 1 month and 1 week and from the date of issue.
15. Prizes, or any unused portion of a prize, is not transferable or exchangeable and cannot be taken as cash.
16. Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize, then the prize will be forfeited and will not be redeemable for cash.
17. The total prize pool value is AU$558,987.50
18. If the winner of a prize is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian on the winner’s behalf.
19. The Promoter’s decision is final and no correspondence will be entered into.
20. A draw for any unclaimed prizes, may take place at 11:00am (AEDST) on 27 March 2019 at the same place as the original Prize Draws, subject to any directions from a regulatory authority. In the case of any winners, they will be notified in writing within two (2) business days of the draw and their names will be announced online at www.cheesecake.com.au and www.thecheesecakeshop.co.nz on 29 March 2019.
21. Entrants consent to the Promoter using the entrant's 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 competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
22. 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.
23. Any cost associated with accessing a 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.
24. 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 State and Territories of Australia or any statutory consumer guarantees as provided under consumer protection laws in New Zealand (“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.
25. 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 of a prize.
27. Applicable to New Zealand entrants only: 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 and prize suppliers. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing and publicity purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update or correct information to the Promoter. All entries become the property of the Promoter.
28. 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 Australia.
Authorised under NSW Permit No. LTPS/18/30152 ACT Permit No. TP18/02325 SA Permit No. T18/2098