DON KR Foodservice Castellini Promotion Terms & Conditions (“Conditions of Entry”)

FURTHER DETAILS

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 entrants 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. All reasonable attempts will be made to contact the entrant.
6. If the eEntrant chooses not to take their choice of the Free Sample (or is unable to) or does not respond within a reasonable time, as specified by the Promoter, or is unavailable, they forfeit the Free Sample and the Promoter is not obliged to substitute the Free Sample .
7. 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.
8. No part of the offer is exchangeable, redeemable for cash or any other product or transferable, unless otherwise specified in writing by the Promoter.
9. If a Free Sample  is unavailable, the Promoter reserves the right to substitute the Free Sample with a different Free Sample mentioned in the offer.
10. No entry fee is charged by the Promoter to enter the Promotion.
11. The Free Sample will be provided 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, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
12. 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 will handle personal information in accordance with its privacy policy which is located at https://www.gwf.com.au/privacy-policy/. 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, sample 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 Sample in the Promotion.
13. The Promoter reserves the right to refuse to allow an entrant to take part in any or all aspects of the DON KR Foodservice Castellini Promotion, if the Promoter determines in their absolute discretion, that an entrant is not in the physical or mental condition necessary to be able to safely participate in or accept the Free Sample. It is a condition of accepting the Free Sample that the entrant may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving the Castellini sample pack.
14. If the Free Sample is provided by a third party, the sample will still be subject to the terms and conditions of the third-party supplier. However, in this promotion, the sample pack is provided directly by the Promoter.
15. 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).
16. 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 sample, subject to State or Territory regulation.
17. The Promoter will not be liable for any loss, damage, personal injury, or death arising from participation in the promotion or from accepting or using the free Castellini sample pack, except where such loss or damage is caused by the Promoter’s negligence.
18. 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 sample, 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.
19. 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 Free Sample (or recommendation). For the sake of clarity, this clause shall not apply where the Promoter has contributed to or caused such loss, expense, damage, personal injury or death and shall not apply to any liability which cannot be excluded by law (in each case the Promoter’s liability is limited to the minimum allowable by law).
20. The eentrant 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.
21. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.