PROMOTION AND WEBSITE USER TERMS AND CONDITIONS

By navigating through, uploading content to or in any other way utilising http://www.countrychef.com.au and /or http://promo.countrychef.com.au (the Site), including without limitation, entry into the SS Pavlova / Knife Set promotion (the Promotion), you agree to be bound by the following terms and conditions to the extent that they apply to your use of the Site. General

  1. The Site is owned and operated by Country Chef Desserts Pty Ltd as trustee for Bartlett Families Trust ACN 117 662 263 (CC/we/us/our).
  2. Any reference in these terms and conditions to you or your is a reference to you as a participant in the Promotion and/or user of the Site.
  3. The Site has been created to allow participants to claim their prize(s) within the terms of the Promotion.
  4. The Promotion is managed and promoted by CC.

    The Promotion

  5. CC offers for sale an 'inner' of single serve pavlovas (the Product) which is made up of 40 units of 40g single serve pavlovas. Each Product contains a unique code (the Code) inside.
  6. CC has established the Site so that once you purchase six Products and collect six Codes, you may enter the Code details and your contact details on the Site (Entry) and receive a free Victorinox Knife Set, as pictured below (the Prize), in return.



  7. The Prize will be delivered to the postal address provided by you at Entry as soon as practicable, however CC provides no guarantees with respect to delivery of the Prize.
  8. To ensure the validity of your Entry, CC will:
    1. send a verification email to your nominated email address upon Entry. You will receive an email and the directions contained in that email must be followed in order to validate and complete Entry; and
    2. cross-check the Codes provided with a database containing Codes already redeemed in the Promotion and which are no longer unique.

    Liability

  9. Although we use reasonable endeavours to ensure that all information contained on the Site is accurate and up to date, we are unable to guarantee that the Site is free of errors or faults.
  10. We reserve the right to change information displayed on the Site (including these terms and conditions) at any time without notice to you.
  11. Without affecting any statutory rights to the extent that they are not capable of exclusion, we will not be liable for any losses, damages, liability, claims, expenses (present, future or contingent) arising from or connected with the use of the Site or any products or services purchased on or through the Site or created by reliance on any content, information or representations on the Site.

    Linked Sites

  12. The Site may contain links to external sites. Those sites are not part of the Site and, unless
    otherwise indicated, are not under CC's control. No external site linked to the Site is endorsed by
    CC and no responsibility is taken for material contained within them. You agree that by
    accessing any linked site you are doing so at your own risk and you agree to fully indemnify CC
    against any liability arising out of your accessing any linked site.

    Entering Promotion

  13. Upon Entry you become a participant in the Promotion and voluntarily and irrevocably declare that:
    1. you have not breached any of the terms and conditions contained in this document;
    2. you are the purchaser or acting with the true consent of the purchaser of the Products of which you have entered the relevant Codes;
    3. you indemnify CC against any claim that may be brought against CC due to a breach of clause 12(b).

    Privacy

  14. We acknowledge that in the process of conducting the Promotion, we may receive personal information and we recommend that you read our Privacy Policy.

    Warranties

  15. You warrant that you will not:
    1. use any form of spyware or other software, program or device to record, copy, retain or access any information on the Site which is not purposefully made available to the public;
    2. commit or assist in any acts that will have or are likely to have the effect of lessening the security, productivity or suitability of the Site;
    3. use the Site directly or indirectly for any activity which breaches any laws, infringes a third party's rights, is unlawful, or breaches these terms and conditions; or
    4. use the Site directly or indirectly to post or transmit any information, data, text, software, music, sound, photographs, graphics, video, messages or other material unlawfully, or which is obscene, indecent, uses offensive language, defames, abuses, harasses, stalks, threatens, menaces, offends or restricts any person, or which prevents any other user from using or enjoying the Site or which is false, misleading or deceptive in any way.

    Intellectual Property

  16. You acknowledge that copyright, trade marks and all other intellectual property rights (IP Rights) in the Site and in the content displayed or available through the Site belong to CC.
  17. Access to the Site is only for your personal use. Subject to applicable laws:
    1. unauthorised use of the content is strictly prohibited and may infringe CC's IP Rights; and
    2. no content may be reproduced, published or transmitted in any manner without the prior written consent of CC.
  18. Without limiting the above, and subject to applicable law, you may not without prior written permission from CC:
    1. archive the content or any part of it;
    2. form a database whether electronically or otherwise by systematically downloading or storing all or any of the content; or
    3. redistribute or republish the content.

    Accuracy of Registration Information

  19. When providing your details in connection with Entry in the Promotion on the Site, you must ensure that all information you provide is correct and up-to-date. If you change your personal or contact details during the period of the Promotion, you agree to ensure your details are updated and will indemnify CC from any adverse consequences that arise out of your personal or contact details not being up-to-date.

    Indemnity

  20. You agree to fully and effectively indemnify, defend, and hold harmless CC from any and all claims, liabilities, losses, damages, penalties, fines, costs and expenses, whether actual or alleged (collectively, Claims) including legal costs on a solicitor and client basis and any taxes in relation to those Claims, that arise out of or in connection with:
    1. your use of the Site;
    2. a breach by you of these terms and conditions; or
    3. your (or another party's) use of the Prize.

    Jurisdiction

  21. These terms and conditions are governed by the laws of the State of Queensland, Australia and the exclusive jurisdiction of its courts.

    THE PROMOTION

    General

  22. Entry instructions and Prize information form part of these terms and conditions. By participating, entrants agree to be bound by all of these terms and conditions.
  23. The Promotion commences at 00:01am AEST on Tuesday 1st September, 2009 and entries close at 11:59pm AEST on Saturday 31st October 2009 (the Promotion Period). Entries submitted after the closing date will not entitle the submitter entry into the Promotion and in turn redemption of the Prize.
  24. To enter, participants must visit http://promo.countrychef.com.au and submit their contact details and six unique Codes during the Promotion Period. To be valid, all details on the entry form must be completed and the Codes must not have been entered in the Promotion previously.
  25. Participants are permitted to submit as many entries as they wish. Each accepted entry will create an independent entitlement to the Prize.
  26. Entry is only open to participants who hold a valid email address and are above the age of 18 years old. Directors, members and employees of CC and their immediate families, and agencies, retailers and suppliers 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 first cousin.
  27. CC reserves the right, at any time, to verify the validity of entries and entrants (including an entrant's identity and age) and reserves the right to disqualify any entrant for tampering with the entry process or submitting an entry which is not in accordance with these terms and conditions.
  28. Failure by CC to enforce any of its rights at any stage does not constitute a waiver of those rights.
  29. CC has absolute discretion in determining the validity of any entry. Any decisions made by CC with respect to the Promotion are final and no correspondence will be entered into.
  30. If you select the marketing opt-in checkbox, you consent to CC using the participant's personal information in accordance with our Privacy Policy and for the purpose of promoting related products or receiving marketing material.

    Prizes

  31. Prizes can be redeemed until the Closing Date or once stock runs out, whichever occurs first. The total prize pool value is $77,925 made up of 1,500 Prizes at an individual recommended retail price of $51.95. Prize value is correct at the time of drafting these terms and conditions but no responsibility is accepted for any variation in the values above.
  32. Each Prize recipient will be notified by post along with delivery of the Prize.
  33. If an entrant is under the age of 18 years, the Prize will be awarded to the winner's parent or guardian.
  34. CC 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, Prize suppliers and as required, to Australian regulatory authorities. Entrants should direct any request to access, update or correct personal information to CC at marketing@countrychef.com.au

    Liability

  35. CC accepts no responsibility for late, lost or misdirected entries.
  36. CC is not responsible for any incorrect or inaccurate information or for any of the equipment or programming associated with or utilised in the Promotion, or for any technical error, or any combination thereof that may occur in the course of the administration of the Promotion 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 or any injury or damage to participants or computers, related to or resulting from participation or sending or receiving of any communication or of any materials in the Promotion.
  37. If for any reason, the Promotion is not capable of running as planned due to any causes beyond CC's control which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, we reserve the right, subject to the approval of any relevant regulatory authorities, to cancel, terminate, modify or suspend the Promotion.
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