Terms & Conditions
Holy Moly we’re 40 - Win A Share In $40,000 at DK ("Conditions of Entry")

Promotion:

Still Hot At 40 - Win A Share In $40,000 at DK

Promoter:

RFGA Management Pty Ltd ABN 31 106 840 082, Level 4, 35 Robina Town Centre Drive, Robina, QLD 4226, Australia. Ph: 07 5655 2500

Promotional Period:

Start date: 04/10/21 at 12:01 am AEST

End date: 05/12/21 at 11:59 pm AEDT

Eligible entrants:

Entry is only open to Australian residents who are 16 years and over. Entrants under the age of 18 must have parent or legal guardian approval to enter.

How to Enter:

To enter the Promotion, the entrant must complete the following steps during the Promotional Period:

• download the Donut King Rewards app and complete the sign-up and registration process, providing the requested details (including their name, email and phone number) (if they haven’t done so already); and

• make a purchase at a participating Donut King store and present their phone or other mobile device to register the purchase via the DK Rewards App.

Entries will be automatically recorded on purchase.

Entries permitted:

Limit one (1) entry permitted per person per day. The entrant is eligible to win a maximum of one (1) Weekly Prize and one (1) Major Prize (excludes SA residents). By completing the entry method, the entrant will receive one (1) entry.

Total Prize Pool:

AUD $70,000.00

Prize Details:

Winner notification:

The Major Prize winners will be contacted by phone and email within fourteen (14) days of the draw. Minor Prize winners will be notified via email. All winners will be published at www.donutking.com.au/still-hot-at-40 by 20/12/21.

Unclaimed Prizes:

Major Prizes must be claimed by 13/01/22 at 12:00 pm AEST. In the event of an unclaimed Major Prize, the prize will be redrawn on 14/01/22 at 12:00 pm AEDT at Plexus, Level 4, 411 Collins Street, Melbourne VIC 3000. The winners of the redraw will be notified by phone and email within fourteen (14) days of the redraw. The winners will be notified publicly (and their details published) at www.donutking.com.au/still-hot-at-40 by 21/01/22.

If there are no prize winner/s or winner/s for this Promotion cannot be found, this information will be published at www.donutking.com.au/still-hot-at-40.

Further Conditions:

1. The entrant agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise.
2. The Promotion commences on the Start Date and ends on the End Date ("Promotional Period"). Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
3. Valid and eligible entries will be accepted during the Promotional Period.
4. Employees (and their immediate family members) of the participating venues, agencies/companies directly associated with the conduct of this Promotion, the Promoter, businesses involved in determination of winner/s for the Promotion, businesses involved in the management of the Promotion, any organisation benefiting from the Promotion, the Promoter’s distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. "Immediate family member" 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.
5. If a prize is won by a person under the age of 18, the prize may be awarded to the winner's parent or guardian.
6. Draws:
   1. There will be one (1) draw conducted for the entries received each week of the Promotional Period, with a total of 9 draws ("Weekly Draws”). There will be one (1) draw conducted for all entries received during the Promotional Period (“Major Draw”). Subject to the starting and closing time of the Promotional Period, entries into each Weekly Draw will open and close each week based on VIC local time. Entries in each Weekly Draw will NOT be entered into any subsequent Weekly Draw(s), however, all entries (including the Weekly Draw winners) will be entered into the Major Draw.
   2. All draws will take place at Plexus, Level 4, 411 Collins Street, Melbourne VIC 3000. Each Weekly Draw will take place at 12:00 pm AEST/AEDT (as applicable in VIC) on the business day after entries close for that Weekly Draw, with the first Weekly Draw taking place on 11/10/21 and the last Weekly Draw taking place on 06/12/21. The Major Draw will take place at 12:00 pm AEDT on 13/12/21. For the removal of doubt, no draws will be conducted during the weekend or on a public holiday in VIC.
   3. The first four (4) valid entries drawn in the Major Prize Draw will receive the Major Prize (as set out above). The first 133 valid entries drawn in Weekly Prize Draw 1-8 and the first 136 valid entries drawn in Weekly Prize Draw 9 will receive the Weekly Prize (as set out above).
   4. The draw conductor may draw additional reserve entries in case an invalid entry or entrant is drawn.
7. All reasonable attempts will be made to contact each winner.
8. If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize by the time specified by the Promoter, or is unavailable, they forfeit the prize and the Promoter is not obliged to substitute the prize.
9. Where entry is allowed by purchase or subscription, the cost of the product or service is no greater than the cost would be without the opportunity to participate in the Promotion.
10. The value of the prizes is accurate and based upon the recommended retail value of the prizes (inclusive of GST) at the date of printing. The Promoter accepts no responsibility for any variation in the value of the prizes after that date.
11. No part of a prize is exchangeable, redeemable for cash or any other prize or transferable, unless otherwise specified in writing by the Promoter.
12. If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or that portion of the prize) to a prize of equal or greater value and specification, subject to any written directions of a regulatory authority.
13. No entry fee is charged by the Promoter to enter the Promotion.
14. Each prize will be awarded to the person named in the entry and any entry that is made on behalf of an entrant or by a third party will be invalid. If there is a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or winner.
15. Entrants' personal information will be collected by the Promoter. Personal information will be stored on the Promoter's database. The Promoter may use this information for future marketing purposes regarding its products, including contacting the entrant electronically. The Promoter is bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and its privacy policy which is located at https://www.rfg.com.au/privacy-policy/. The Promoter's privacy policy contains information about how the entrant may access, update and seek correction of the personal information the Promoter holds about them and how the entrant may complain about any potential breach by the Promoter of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with. The Promoter collects personal information about entrants to enable them to participate in this Promotion and may disclose the entrants' personal information to third parties including its contractors and agents, prize suppliers and service providers to assist in conducting this Promotion and to the State and Territory lottery departments as required under the relevant lottery legislation. If the entrant does not provide their personal information as requested, they may be ineligible to enter or claim a prize in the Promotion. Personal information collected from entrants will not be disclosed to any entity located outside of Australia.
16. For the purposes of public statements and advertisements, the Promoter may only publish the winner's surname, initial and State/Territory or postcode of residence.
17. It is a condition of accepting the prize that a winner (or their parent or legal guardian if under the age of 18) may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving a prize. If a winner is under the age of 18, a nominated parent or legal guardian of the winner will be required to sign the legal release on the winner's behalf.
18. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.
19. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
20. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to State or Territory regulation.
21. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant's details (including an entrant's identity, age and place of residence). In the event that a winner cannot provide suitable proof as required by the Promoter to validate their entry, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.
22. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion or claiming a prize, the Promoter will resolve the dispute in direct consultation with the entrant. If the dispute cannot be resolved the Promoter’s decision will be final.
23. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence or wilful misconduct) in connection with this Promotion or accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
24. The entrant will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.
25. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.
26. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.
27. Authorised under: ACT Permit No. TP21/01346, NSW Authority No. TP/00069 and SA Permit No. T21/1228.