Scratch & Win

Terms and Conditions

Michel’s Patisserie “Golden Ticket” Competition

  1. By entering, participating and/or clicking ‘enter’ or ‘post’ in the promotion, you agree to the following terms and conditions (“Terms and Conditions”).
  2. Instructions, prizes and information on how to enter form part of these Terms and Conditions.

 

General Information

  1. Entrants are responsible for ensuring their familiarity with the Terms and Conditions at the time of participation. The Promoter’s decision not to enforce its rights or any specific restriction (whether communicated to an Entrant or not) does not constitute a waiver of those rights, restrictions or of the Terms and Conditions generally.
  2. All entrants acknowledge that the Promoter can rely on these Terms and Conditions even if the Promoter only learns of a person’s ineligibility after the Promoter has awarded a Prize to the ineligible person.
  3. All entries must comply with these Terms and Conditions to be valid. Entries not complying with these Terms and Conditions are ineligible and the Promoter reserves its absolute right to disqualify any entrant from the Promotion if any entries do not comply with these Terms and Conditions.
  4. Where applicable, the Promoter has obtained the Permit Numbers necessary to operate the Promotion in the relevant state or territory.
  5. The Promoter’s decision in relation to any aspect of these Terms and Conditions is final and binding on every person who enters. No correspondence will be entered into.
  6. Nothing in the Terms and Conditions limit, exclude or modify or purports to limit, modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under similar consumer protection laws.
  7. A request by an entrant to modify any information provided should be directed to the Promoter in writing.

 

Eligibility

  1. Entry is open to Australian residents, who fulfil all the entry requirements set out herein (“Eligible Entrant”).
  2. Minors (being under the age of 18) are eligible to enter this Promotion. Minors must have their parent or guardian consent to their entry and the parent or guardian of the minor entrant is deemed to have consented to and is bound by these Terms and Conditions. Parents or guardians may be required by the Promoter to enter into a further agreement as evidence of their consent of the entrant entering this Promotion.
  3. Employees, including all retail staff of the Promoter and their immediate families (including but not limited to spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparents, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or cousin), all of the Promoter’s staff, printers, suppliers, providers and agencies associated with this Promotion are ineligible to

 

 

Entry

  1. The Promotion commences at 12.00am on Monday 3 June 2019 (AEST) and concludes at 11.59pm on Sunday 30 June 2019 (AEST) (“Promotion Period”).
  2. To enter, an Eligible Entrant must:
  • spend $10.00 or more in a single transaction at a participating Michel’s Patisserie store during the Promotion Period (“Minimum Spend”);
  • at the time of making the Minimum Spend, collect an instant win scratch ticket, while stocks last (“Scratch Ticket”). The onus is on the Eligible Entrant to request a Scratch Ticket if not automatically provided;
  • scratch the Scratch Ticket to reveal whether the Eligible Entrant has won a Prize or not. Winning tickets will indicate which Prize an Eligible Entrant has won. Winning tickets will contain a unique code (“Unique Code”); and
  • retain the Purchase receipt for the Minimum Spend and Scratch Ticket as proof of purchase (Proof of Purchase). Purchase receipt/s must clearly specify the store of purchase as Michel’s Patisserie, show the Minimum Spend requirement was completed and that the purchase was made during the Promotion Period by prior to prize claim. Failure to produce the Proof of Purchase for all prize claim/s when requested, may in the absolute discretion of the Promoter result in forfeiture of an Eligible Entrant’s right to a prize,

 

(“Entry”).

  1. Entrants are required to take full responsibility for the content of their Entry and for ensuring that their Entry complies with these Terms and Conditions. Incomplete and illegible Entries will be deemed invalid. Entries that breach these Terms and Conditions will also be invalid. If an Entry is invalid or if an entrant is unable or refuses to take part in any element of this Promotion, the Promoter reserves the right to discard that entrant’s Entry and proceed as if that entrant had not entered the Promotion.
  2. Entrants can only enter in their own name. The Promoter reserves the right to request proof of residency (to the Promoter’s satisfaction in its discretion).
  3. Limit of one (1) Scratch Ticket permitted per qualifying transaction. The same winning unique code may only be redeemed once for a prize. Unrecognised codes will be deemed invalid.
  4. The Promoter’s decision is final and no correspondence will be entered into.

 

 

Prize

  1. Eligible Entrants have the chance to win:
  • One (1) of two-hundred (200) AUD $100 Visa cards (“Visa Card Prize”);
  • One (1) of three-hundred (300) free coffee vouchers entitling winning Eligible Entrants to one (1) free small coffee valued at AUD RRP$4 (“Free Coffee Prize”); and
  • One (1) of five-hundred (500) buy one get one free coffee vouchers entitling winning Eligible Entrants to a buy one, get one free (to equal or lesser value) coffee voucher (“Buy One Prize”) valued at up to AUD RRP $5.50 (based on RRP of most expensive coffee at Michel’s Patisserie i.e. large mocha),

 

(collectively, “Prize”)

  1. Applicable to Free Coffee and Buy One Prizes: Not valid in conjunction with any other offer. Extras will incur additional charges.
  2. Voucher/gift card must be surrendered to redeem. Any ancillary costs associated with redeeming the voucher/gift card are not included. Any unused balance a voucher/gift card will not be awarded as cash. Redemption of a voucher/gift card is subject to any terms and conditions of the issuer including those specified on the voucher/gift card.
  3. Total maximum prize pool is up to AUD RRP $23,950.

 

 

Reclaiming Prizes

  1.  How a Prize is reclaimed is dependent on which Prize an Eligible Entrant has won.
  2. To reclaim:
  • a Visa Card Prize, an Eligible Entrant must email the Promoter the Unique Code (contained on the winning Scratch Ticket) and their name (first and last name) and mailing address. The Promoter will check the Unique Code against its database to validate the winning ticket. If the Unique Code matches the Promoter’s database, the Promoter will mail the Eligible Entrant one Visa Card Prize. The Eligible Entrant acknowledges that the Promoter will not be liable, nor will the Eligible Entrant be entitled to claim a Visa Card Prize if the Unique Code has already been redeemed prior by a third party;
  • a Free Coffee Prize, an Eligible Entrant must present the winning Scratch Ticket to a participating Michel’s Patisserie store. At the point of time the Eligible Entrant presents the winning Scratch Ticket, the Eligible Entrant must exercise their right to the Free Coffee Prize. The winning Scratch Ticket will not be returned to the Eligible Entrant; and
  • a Buy One Prize, an Eligible Entrant must present the winning ticket to a participating Michel’s Patisserie store. At the point of time the Eligible Entrant presents the winning Scratch Ticket, the Eligible Entrant must exercise their right to the Buy One Prize. The winning Scratch Ticket will not be returned to the Eligible Entrant.
  1. Prizes must be reclaimed by 1 October 2019. Failure to reclaim a Prize by 1 October 2019 will mean the Prize is forfeited and will form part of the unclaimed prize pool.

 

Unclaimed Prize Draw

  1. Eligible Entrants who hold non-winning Scratch Tickets are eligible to enter an unclaimed prize draw. Any Prize not claimed by 1 October 2019 will become a prize of the Unclaimed Prize Draw.
  2. To enter, Eligible Entrants are required to:
  • fill in their name (first and last name) and mailing address in the space provided on the back of the Scratch Ticket; and
  • mail the ticket to the Promoter’s Address.
  1. All Scratch Tickets received by the Promoter by 12.00pm AEDT on 30 October 2019 will form part of the Unclaimed Prize Draw (“Unclaimed Prize Tickets”).
  2. Unclaimed Prize Tickets will be placed into a barrel and a single ticket will be drawn at random (“Unclaimed Prize Winning Ticket”). The Unclaimed Prize Winning Ticket will receive one unclaimed Visa Card Prize via mail. If all two-hundred (200) Visa Card Prizes have already been awarded, the Unclaimed Prize Winning Ticket will receive via mail one unclaimed Free Coffee Prize in the form of a free coffee voucher. If all three-hundred (300) Free Coffee Prizes have been awarded, the Unclaimed Prize Winning Ticket will receive via mail one unclaimed Buy One Prize in form of a voucher. Unclaimed Prize Tickets will be drawn until all Prizes have been awarded.
  3. Unclaimed Prize Winning Tickets will not be placed back into the barrel for further Unclaimed Prize Draws.
  4. The Unclaimed Prize Draw will be held at Plexus, Level 4, 411 Collins Street, Melbourne, Victoria 3000 at 3.00pm AEDT on 31 October 2019.
  5. Printing and other quality control errors will not invalidate an otherwise valid prize claim. Unless otherwise due to fraud or ineligibility under these Terms and Conditions, all prize claims in excess of the advertised prize pool will be honoured. Any instant win prizes that are part of the advertised total prize pool will be awarded in the unclaimed prize draw. Instant win game materials void if stolen, forged, mutilated or tampered with in any way. There will be a total of 311,000 instant win game cards printed for this promotion.
  6. The Prize will only be awarded following any winner validation and/or verification that the Promoter requires. If for any reason the Promoter becomes aware after an entrant has won the Prize that the entrant has not complied with these Terms and Conditions (including failing to provide a copy of the receipt as proof of Purchase) or that their Entry is otherwise invalid, that entrant will have no entitlement to the Prize, even if the entrant has been announced as the Winner. In this event, the entrant will be required, at the discretion of the Promoter, to return, refund or otherwise make restitution of the Prize as the case may be. The Promoter also reserves the right, at any time, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
  7. The Promoter’s decision is final, and no correspondence will be entered into.
  8. The Prize is subject to the standard terms and conditions of the individual Prize which are accepted by the winner upon entry into this Promotion. The Prize, or any unused portion of the Prize, is not transferable or exchangeable and cannot be taken as cash.
  9. The Prize is provided ‘as is’ and is without any warranty.
  10. Any ancillary costs associated with redeeming the Prize are not included and must be borne by the
  11. The Promoter accepts no responsibility in the event the Prize becomes unavailable or in the event the Prize as redeemed differs to that advertised. The Promoter reserves the right to substitute the Prize with a prize of equal or greater value (including in stances where it is unavailable), subject to any written directions from a regulatory authority.
  12. The Promoter accepts no responsibility for any tax implications that may arise from the winnings. The Promoter accepts no responsibility for any variation in Prize value.
  13. The Prize awarded may not be exactly as illustrated in displays or marketing for the Promotion.
  14. Subject to any written directions from a relevant regulatory authority, if any element of the Prize becomes unavailable for any reason beyond the Promoter’s control then a similar prize element of equal or greater value will be awarded in lieu. However, despite this clause, the Promoter will not be liable for the replacement of the Prize where the Prize becomes unavailable due to the recipient’s negligent act, omission or default (for example, where the recipient fails to redeem the Prize). Furthermore, the Promoter will not be liable for any additional costs or expenses incurred by the Eligible Entrant in the event the Eligible Entrant fails to comply with all necessary requirements or the entrant’s unavailability to accept the Prize. Some exclusions and conditions may apply. Redemption of the Prize is subject to any terms and conditions of the issuer, including terms and conditions either express or implied and whether or not listed on any passes, tickets etc issued as part of the
  15. The Promoter and its associated agencies and companies shall not be liable for any loss (including, without limitation, indirect or consequential loss), damage, personal injury or death which is suffered or sustained (including but not limited to that arising from any person’s negligence) in connection with using any prize, except any liability that cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
  16. The Promoter and its agents associated with this Promotion take no responsibility if the Scratch Ticket or Prize is damaged or lost in Subject to the unclaimed prize draw clause, if for any reason a winner does not take or redeem a prize (or an element of the prize) at/by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
  17. Nothing in these Terms and Conditions limits excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”).
  18. To the full extent permitted by law, the Promoter, its associated companies and agencies and any of their personnel (the “Relevant Parties”) exclude all liability for any loss (including any damage, claim, injury, cost or expense) which is suffered or incurred by any entrant in connection with this Promotion, including: (i) any indirect economic or consequential loss; (ii) any loss arising from the negligence of a Relevant Party, (iii) any liability for personal injury or death.
  19. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including) its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorized access or third party interference; (c) any Prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in Prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a Prize.
  20. Any provision of these Terms and Conditions which is invalid in a particular jurisdiction is invalid in that jurisdiction to that extent, without invalidating or affecting the remaining provisions of these Terms and Conditions or the validity of that provision in any other jurisdiction. If a provision of these Terms and Conditions does not apply that provision is to be read down so as to give it as much effect as possible. However, if it is not possible to give the provision concerned any effect at all then it is to be severed from these Terms and Conditions in which case the remainder of these Terms and Conditions will continue to have full force and effect.
  21. The Promoter reserves the right to verify the validity of entries and reserves the right to disqualify any entrant for tampering with the entry process or for submitting an entry which is not in accordance with these Terms and Conditions, or if the entrant is engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved. If the Promoter suffers loss or incurs any costs in connection with any breach of these conditions of entry or any other legal obligation by an entrant, the entrant agrees to indemnify the Promoter for those losses, damages and
  22. The Promoter will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this Promotion if the deficiency is occasioned by any cause outside the reasonable control of the
  23. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
  24. Entrants consent to the Promoter using the entrant’s name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period of time without remuneration or compensation for the purpose of promoting, publicising or marketing this Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter. The Prize winner agrees to participate in all reasonable promoted activities in relation to the Promotion as requested by the Promoter and its agents. The Promoter or any other owner of the footage (“IP Owner”) may use and reuse the entrant’s name, voice, picture, materials, and/or statements made by them during any photographing or filming for use throughout the world in connection with the Promotion of this competition. The IP Owner owns all images and footage shot of each entrant and by participating the entrant gives their consent to such photographing, taping and recording. The IP Owner may edit the appearance of an entrant as it sees fit. The entrant hereby waives any right of inspection or approval of their appearance and/or its use and understands that the IP Owner has no obligation to use their appearance. Entrants may voluntarily disclose personal and/or financial information about themselves during a Competition and they agree that the IP Owner may use and/or broadcast such disclosures in accordance with this release. Entrants represent that any and all statements they make during the Competition on and/or off the air to representatives of the Promoter are true and not misleading. Entrants indemnify the Promoter, its officers, directors, agents and any other IP Owner (“Released Parties”) against any claims against any of them arising out of their appearance in any Michel’s Patisserie Promotion. Entrants hereby release the Released Parties from any loss, claims or injuries they may incur arising out of their participation or appearance in accordance with this
  25. As a condition of accepting the Prize, the Prize winner must sign any legal documentation as and in the form required by the Promoter and/or Prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity
  26. All entries and any copyright subsisting in the entries become and remain the property of the Promoter. The Promoter may collect personal information about entrants to include entrants in the Promotion and where appropriate award a prize. If the personal information requested is not provided, the entrant may not participate in the Promotion. By participating in the Promotion, each entrant also acknowledges that a further primary purpose for collection of entrants’ personal information by the Promoter is to enable the Promoter to use the information to assist the Promoter in improving goods and services and to contact entrants in the future with information on special offers or provide entrants with marketing materials via any medium including mail, telephone and commercial electronic messages. The Promoter may share information with its International related companies or Promotional partners who may contact entrants with special offers in this way. By entering the Promotion, each entrant agrees that the Promoter may use entrants’ personal information in this manner. Each entrant also agrees that the Promoter may publish or cause to be published the winner’s name, and locality in any media as required under the relevant lottery legislation. All personal information will be stored at the office of the Promoter or its agents. A copy of the Promoter’s Privacy Policy in relation to the treatment of personal information collected can be viewed at https://www.michels.com.au/privacy-policy/. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their personal information held by the Promoter, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. Personal information collected will not be disclosed overseas.
  27. For more information on the Prize or to discuss the terms of entry please email the Promoter’s representative by email at scratchandwin@michels.com.au.
  28. The Promoter is RFGA Management Pty Ltd, ABN 47 071 765 609 of RFG Australia 1 Olympic Circuit Southport Qld 4215 (“Promoter’s Address”).
  29. Authorised under: NSW Permit No. LTPS/19/34327; ACT Permit No. TP 19/03257; SA Permit No. T19/687