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Highpoint Store Opening Queue Prizes Terms and Conditions 30.06.2022

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Terms and conditions 

1. Information on how to enter forms part of these terms of entry.  Entry into the Promotion is deemed acceptance of these terms and conditions. 

2. The Promoter is Krispy Kreme Australia Pty Ltd, Suite B, 90-96 Bourke Street Alexandria NSW 2015 ABN 59 099 478 663 

How to Enter 

3. Employees of the Promoter or any related body corporate and their immediate families are not eligible to enter. 

4. Entrants under the age of 16 years must have parental/guardian approval to enter.  The parent/guardian agrees to the terms and conditions of the Promotion. 

5. For the purposes of these terms and conditions, an “eligible entrant” is a person who has complied with these terms and conditions.  

6. To enter, eligible entrants must enter the Promotion by joining the queue at the relevant store (Store) in accordance with the following procedures.  

(a) At an undisclosed date and time, the Promoter will publish a notice on its social media pages with details (including time, date and location) of the Store opening (Store Opening) and how the entrant can join the queue to the Store Opening and enter the Promotion. 

(b) To be eligible, an eligible entrant must arrive at the Store after that announcement of the Store Opening has been published and remain in the queue (subject to these terms and conditions) until the Store Opening.  

(c) When the entrant arrives at the Store, the entrant will be directed to the specified queue area by security or a Krispy Kreme designated employee.  

(d) At the designated queue area, each person must sign in and register in the order they enter the main entry gate/point and receive a numbered wrist band (Registration). 

(e) The Promoter may require an entrant to produce identification and proof of age.  

(f)The entrant will be directed to the designated queue area (Queue) where the entrant must line up in the order the entrant was registered and comply with all pedestrian queue rules and regulations. Any dispute or doubt about that order will be determined by the Promoter in its absolute discretion.  

7. If an entrant is 16 years old or younger, the entrant is not permitted to remain in the queue before the hours 6:00am before the Store Opening, without the supervision of a parent or legal guardian.  

8. Entrants must stay in the Queue at all times, other than: 

(a) if taking a toilet break (which must be limited to 20 minutes) and no more than two toilet break is taken every two hours (unless the entrant provides a doctor’s certificate that more frequent toilet breaks may be necessary because of the entrant’s medical condition or disability); 

(b) in the event of an emergency, which must be authorised by the Promoter however conditioned; and 

(c) with the Promoter’s permission, however conditioned. 

9. Entrants may receive food, water and other items from support persons, but an entrant may not leave his or her position in the Queue, unless authorised to by the Promoter. 

10. No person will be allowed to join the Queue as an entrant’s replacement.  

11. Inappropriate behaviour and language are not tolerated by the Promoter and any entrants behaving in this manner may be removed from the Queue and disqualified. 

12. Personal belongings brought to the Store/Queue by entrants are their sole responsibility and the Promoter will not be held liable for any loss or theft of, or damage to, entrants’ belongings.  

13. The following items are prohibited in the Queue and will be confiscated by the Promoter: weapons, knives, sharp objects, dangerous goods, chemicals, saws, scalpels, darts, tools, razors, needles, fireworks, toy caps, petrol, any flammable liquid, explosives, or poisons or like items. Any entrant found with any of these items will be immediately disqualified.  

14. The Promoter will not supply food, beverages or any other facilities or items.   

15. Entrants must not smoke in the Queue and may not leave the Queue to smoke. 

16. By entering the Promotion, eligible entrants: 

(a) consent to their photo and their name being made publicly available on the Promoter’s Facebook page; and 

(b) consent to the entry being used by the Promoter in accordance with these terms and conditions (and by Facebook for promotion purposes in accordance with Facebook’s terms of use). 

Prizes and judging 

17. This is a game of chance. 

18. There will be 103 prize(s) as set out below. 

19. Total prize pool is valued at $3963 AUD  

20. The Promoter will award the following prizes: 

(a) a year’s supply of doughnuts (one dozen per week)(’the gold ticket’)  to the eligible entrant first in the Queue at the Store Opening;  

(b) a 6 month supply of doughnuts (one dozen per week)(’the silver ticket’)  to the eligible entrant second in the Queue at the Store Opening;  

(c) a 3 month supply of doughnuts (one dozen per week)(’the bronze ticket’) to the eligible entrant third in the Queue at the Store Opening; and 

(d) an exclusive Krispy Kreme T-shirt to the first 50 eligible entrants at the front of the Queue at the Store Opening (*Limit to one per person) to the name provided by the relevant eligible entrant given to security at Registration.  

(e) one dozen Original Glazed® Doughnuts for the first 50 eligible entrants at the front of the queue at the store opening (applies to instore ONLY excludes Drive Thru customers). Limit one dozen per person. 

21. If a winner is disqualified in accordance with these terms and conditions or a prize remains unclaimed after reasonable efforts have been made by the Promoter to contact a winner, the winner forfeits the prize and the Promoter reserves the right to award the prize to another entrant as determined by the Promoter in its absolute discretion, subject to any directions from a regulatory authority 

22. By accepting a prize, the winner (and their parent/guardian) agrees to participate in and co-operate as required with all reasonable marketing activities relating to the prize. 

23. The Promoter's decision is final and the Promoter will not enter into correspondence regarding the promotion result or enforcement and interpretation of these terms and conditions (including disqualification). 

General 

24. For the purposes of the Promotion, the entrant represents and warrants to the Promoter that the entrant is fit, healthy and able to fulfil its obligations as set out under these terms and conditions. 

25. The prize, or any unused portion of the prize, cannot be exchanged or redeemed for cash. If a 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. 

26. The Promoter reserves the right, at any time, and in its sole discretion to (a) request entrants to provide proof of identity and/or proof of valid entry; or (b) disqualify any entrant who the Promoter has reason to believe has breached any of these conditions or engaged in any unlawful or other improper conduct or any conduct calculated to jeopardise the fair and proper conduct of the promotion. 

27. If for any reason this promotion is not capable of running as planned, including but not limited to tampering, weather event, earthquake, terrorism, unauthorised intervention, fraud, any technical difficulties or equipment malfunction 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 take any action that may be available, and to cancel, terminate, modify or suspend the Promotion, subject to state regulation. 

28. The Promoter makes no representations or warranties as to the quality, suitability or merchantability of any goods or services offered as part of the Promotion.  To the extent permitted by law, the Promoter is not liable for any loss (including indirect and consequential loss) suffered to person or property by reason of any act or omission (including deliberate or negligent acts or omissions) by the Promoter or its employees or agents, in connection with the arrangement for the supply, or the supply, of goods or services by any person to the prize winners and, where applicable to any persons accompanying the prize winners.  This clause does not affect any rights a consumer may have which are unable to be excluded under Australian law.  To the fullest extent permitted by law, any liability of the Promoter or its employees or agents for breach of any such rights is limited to the payment of the costs of having the prize supplied again. 

29. Failure of the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. 

Privacy 

30. The Promoter collects the entrant's personal information for the purpose of conducting and promoting this promotion (including but not limited to determining and notifying the winner). If the entrant is not willing for this to occur the entrant cannot participate in the Promotion. 

31. By entering the Promotion, unless otherwise advised, each entrant also agrees that the Promoter may use personal information collected to conduct the promotion, in any media for future promotional, marketing and publicity purposes without any further reference, payment or other compensation to the entrant, including sending the entrant electronic messages.  The Promoter will hold an entrants’ personal information in a secure manner in accordance with the Promoter’s Privacy Policy (a copy of which can be found on https://www.krispykreme.com.au/privacy-policy) for an indefinite period.  A request to access, update or correct any information should be directed to the Promoter. 

Intellectual property 

32. By entering into the Promotion the entrant consents to the Promoter using, modifying and disclosing: 

(a) the entrant’s name, likeness, image or voice (including photograph, film or recording) in any media (including making them available on the Promoter’s Facebook or other social media pages); and 

(b) all information provided by the entrant to the Promoter at any time (including at Registration), for an unlimited time, anywhere in the world, without further reference, payment or any other compensation to the entrant for the promotion of any of the Promoter’s products or services, including sending the entrant electronic messages.