Ferrero Fountain Cake Instagram Giveaway

Terms and Conditions of the Promotion

  • Organiser of the Promotion

Cake Mail (ABN 49 612 912 848), with business address in Brisbane, Australia (hereinafter “Promoter”), is the organiser and promoter of the Ferrero Fountain Cake Instagram Giveaway (the “Promotion”), with Fever Labs Inc. (ABN 18 523 610 992) of 379 West Broadway, New York, NY, 10012 (hereinafter, “Manager” or “Fever”), administering elements of the sweepstakes in accordance with these terms and conditions (“Terms”). 

 

  • Acceptance of the Terms and Disclaimer

2.1 By participating in this Promotion, each Participant (each one, a “Participant” and together, the “Participants“) declares that they meet all the participation requirements set forth in section 5 “Participant Requirements” and in these Terms, and agree to be subject to these Terms and all applicable laws, ordinances and regulations, as well as to the decisions that the Manager makes on behalf of the Promoter regarding this Promotion and in accordance with the foregoing. If at any time a Participant informs the Manager that they do not accept any part of the Terms, they will be excluded from participation in this Promotion and each the Promoter and Manager will be thereby released from all  obligations contracted with such Participant under these Terms. By participating in this Promotion, the Participant agrees to release the Manager and its administrators, partners and employees from any liability, loss or damage resulting from the Participant’s participation in this Promotion including with respect to the adjudication, receipt, possession, use and/or misuse of any of the Prizes (as defined in section 9 “Prize”) and/or any technical failures of social networks or other software.

2.2 Any and all information necessary to participate in the Promotion, that is provided by the Participant, must be true. Any communication of untrue or inaccurate information will entitle the Manager, on the Promoter’s behalf, to disqualify the Participant from participation. The Manager may also exclude from participation any Participants who are suspected of engaging in or who have engaged in abusive or fraudulent practices in relation to the Promotion. The Manager will not be responsible for the truth or completeness of the data provided by Participants. If the Manager cannot contact the winning Participants in order to facilitate the delivery of the Prize because the information provided is not true and accurate neither party will be responsible for any failure to deliver the Prize.

 

  • Promotion Period

3.1 The Promotion will begin at 07:00PM (AEST) Thursday, June 2, 2022 and will end at 11:59 PM (AEST) on Thursday, June 9, 2022. 

3.2 The Manager, on the Promoter’s behalf, reserves the right to extend the Promotion period at its convenience, and shall communicate any such extension to users through an update to the original Promotion post itself. Likewise, the Manager reserves the right to interrupt and/or terminate the Promotion in advance of its scheduled end time in the event that there are unavoidable circumstances beyond the control of Manager that sufficiently justify this decision, and shall communicate any such interruption or termination to users through an update to the Promotion  Instagram post itself.

 

  • Territorial Scope of the Promotion 

This Promotion will be developed through the Manager’s official Secret Brisbane account on Instagram (@secretbrisbane_) (the “Manager’s Instagram Account”). The territorial scope of this Promotion is the Greater Sydney Metropolitan area within the State of New South Wales.

 

  • Participation requirements

5.1 Eligible Participants must be natural persons, over the age of 13, who legally reside in the Brisbane or the Greater Brisbane area. Eligible Participants must also hold a valid, public, and true Instagram profile and account that complies with the guidelines published by Instagram from time to time.

5.2 The following categories of person may not be Participants or benefit from any Prize (either directly, or indirectly, for example, as a companion): (i) Fever group employees; (ii) the Promoter; and (iii) any person directly or indirectly related, as family member or friend, of an employee of the Promoter or Manager. If any Participant is found to fall within these categories, regardless of whether they win a Prize, their participation in the Promotion shall be automatically voided.

5.3 Participation in this Promotion is completely free and shall not require or otherwise suggest any payment for entry by the Participants. There is no purchase necessary to enter or win this Promotion, and a purchase will not improve your chances of winning.

 

  • Promotion Mechanics

6.1 The instructions provided at the point of entry form part of the terms and conditions of this promotion. In the event of a conflict, these Terms will take precedence. The Promotion will be communicated through the Manager’s Instagram Account. In order to participate in the Promotion, Participants must enter the promotion by completing each of the following steps: 

(i) Follow @secretbrisbane_ and @cakemail on Instagram; and

(ii) Like the post or publication on Manager’s Instagram Account (@secret.sydney.smn)  by which Manager shall communicate the Promotion; and 

(iii) Comment on the published Instagram post in which Manager communicates the Promotion, tagging a friend’s Instagram account handle.

6.2 There is no limit on how many times a person can enter.

6.3 Comments made on the Promotion Instagram post must not feature:

  • third party brand names or trademarks; 
  • content which is indecent, offensive, obscene, violent, discriminatory, defamatory or otherwise denigrating;
  • content that in any way breaches Instagram’s published community guidelines, as they appear from time to time
  • content that encourages or condones breaking the law;
  • anything which may breach any legal or code requirement which the Promoter or Manager is required to comply with; or
  • anything which may damage the Promoter or Manager’s reputation.

Any comments made by Participants which, in the reasonable opinion of the Manager, acting on the behalf of the Promoter, are deemed to contravene these requirements will result in the respective entry being disqualified from this Promotion and reported to the relevant social media platform. The Manager, acting on the Promoter’s behalf, has sole discretion as to whether a comment contravenes these Terms. The Promoter reserves the right to remove such content and/or to inform the competent authorities of any content that appears in breach of Instagram’s published standards or applicable law, in its opinion.

 

  • Winner Selection

In this promotional offer, the Manager will draw one (1) winner (the  “Winner”) at its Brisbane office on Friday, June 10, 2022. An alternate will also be drawn at the same time, to substitute the Winner in case the Winner; (i) renounces the Prize, (ii) cannot be located within two (2) calendar days of the Prize being drawn, (iii) is  found not to comply with any of the participation requirements or (iv) is otherwise in breach of any part of these Terms.

 

  • Notification to Winner

8.1 The Winner will be announced on Friday, June 10, 2022  and notified by a story on the Manager’s Instagram Account, where the Manager will tag the winning entry’s Instagram handle. The Manager may, in addition to this, notify the Winner by Instagram direct message to their Instagram profile from the Manager’s Instagram Account.

8.2 The Winner must accept the prize within two (2) calendar days of notification. The Winner must accept the prize by sending a direct message from their winning Instagram profile to the Manager’s Instagram Account. The Manager reserves the right to request a copy of the Winner’s identity document (driver’s licence and/or passport) for the purpose of verifying that the requirements for participation in the Promotion are met. The Manager reserves the right to request any other documentation that it deems appropriate in order to reasonably verify the identity of the Winner, and shall have the right to refuse delivery of the Prize in the event that the winner does not comply with these requirements or any other requirements of these Terms. 

8.3 If the Winner does not accept the Prize in accordance with these Terms, the Prize will be deemed to be unclaimed, and the Prize will be assigned to an alternate under the same conditions noted in this clause. In this case, the alternate will have the time period of one (1) day following the announcement of assignment in which to claim the Prize. In the event that neither the Winner or the alternate accept the Prize in accordance with the Terms, the Prize will not be awarded and the Manager will announce this through an update to the original Promotion Instagram post.

 

  • Prize 

9.1 The prize consists of one (1) Ferrero Fountain cake from Cake Mail, which will be delivered to the Winner’s nominated address. There will be five (5) prizes in total. The Prize has an approximate retail value of $57.00 (inclusive of GST). Once the Prize has been delivered, each Winner shall be solely responsible for the consumption of the Prize.

9.2  The Prize is not transferable and may not be substituted for money. Any taxes, insurances and other expenses, unless specifically outlined in these Terms, are the sole responsibility of the person to whom the Prize is given. The Promoter shall be solely responsible for the delivery of the Ferrero Fountain cakes. The Manager shall not be responsible for any defect in the Prize that may be attributable to the Promoter, manufacturer, distributor or service provider. Likewise, it will not assume responsibility for damages that may occur in the delivery of the and that are attributable to transport companies, postal or courier services, or for the incidents that may occur in transfers, stays or displacements in the case of Prizes o

  • Participation through social networks 

Instagram does not sponsor, endorse or administer this Promotion in any way, and is not in any way associated with this Promotion. The Participants release Instagram from any responsibility derived from the development of this Promotion.

 

  • Promotional Release

In accordance with applicable regulations, upon acceptance of the Prize, the Winner shall assign to the Manager the right to use their name, city or geographical area of residence, social media handle, photograph, testimonial or other likeness and/or Prize information, without further notice, in any advertising or promotional activity that is related to this Promotion through any means of electronic reproduction as is conventional industry practice. Nothing in these terms shall grant the Participant any remuneration or any benefit for the use of their image or information, other than the delivery of the Prize in accordance with these Terms.

  . General

13.1 Participation in this Promotion implies full acceptance of these Terms. Any statement to the contrary by the Participant will result in their disqualification from the Promotion and Manager will, therefore, be released from the fulfillment of the obligations contracted with said Participant under these Terms. 

13.2 Participants must not tag, re-post, forward or otherwise share Instagram messages or posts relating to this Promotion with any of Instagram contacts who are under the legal drinking age in the intended recipient’s country of residence.

13.3 If any provision of these Terms is held to be invalid, such invalidity shall not affect the enforceability of any other provisions not held to be invalid.

 

  • Applicable legislation and jurisdiction 

These Terms and Conditions are governed and must be interpreted in accordance with the laws of the State of Queensland, and of the Commonwealth of Australia operating therein. Any legal claim or dispute that arises in relation to these Terms will be subject to the exclusive jurisdiction of the Courts of the State of Queensland.