Terms and Conditions

1. Information on how to enter and prizes form part of these Conditions of Entry. Registration for and/or participation in this competition is deemed acceptance of these Conditions of Entry. Acceptance of these Conditions of Entry is a condition of entry to this competition.

2. For the avoidance of doubt, this is a game of skill and chance plays no part in determining the winners.

3. This competition commences on 14/02/2020 at 12:01 AM AEST and closes on 18/02/2020 at 11:59 PM AEST for Australian Residents.

4. Entry to this competition is only open to Australian residents.

5. Limit of one entry per person.

6. Employees of the Promoter and the Promoter’s suppliers and agencies associated with this Promotion (and those employees’ immediate families) are ineligible.

7. To enter the competition, entrants must visit The Cheesecake Shop’s Facebook page http://www.facebook.com/thecheesecakeshop and do the following:

• Get engaged on Valentine’s Day
• Take a screengrab of your facebook post announcing the engagement
• Post your screengrab in the comments of The Cheesecake Shop’s ‘Engagement Cake Giveaway’ post by 18.02.2020 11:59pm AEST

8. Entries will be judged on the basis of the most ‘sweetest’, ‘heart-felt’ or epic proposals.

9. The prize is a $100 digital The Cheesecake Shop Gift Card. There are 214 x $100 gift cards to be given away to eligible winners. The prize is not transferable or exchangeable and cannot be taken as cash.

10.Entrants warrant and agree that, without limitation:

• They will not submit any content (including without limitation, the entry itself, images, answers to questions, posts or comments and whether on The Cheesecake Shop’s promotion website, Facebook page (national or local pages) or else wherein relation to this competition or any entrant or entry. Content that is unlawful or fraudulent or that may be in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, politically incorrect, violent, abusive, harassing, threatening, racist, ageist, sexist, objectionable with respect to religion, origin or gender, not suitable for children under 15, or otherwise unsuitable for publication in the context of this competition;
• They will only submit content which they have personally created or have the right to submit;
• Their entry will not contain viruses or cause injury or harm to any person or entity;
• They will comply with these Conditions of Entry and with all applicablel aws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems;
• They have the full authority to grant to the Promoter the rightsreferred to in these Conditions of Entry; and
• They will indemnify the Promoter against all costs and claims by third parties arising from a breach these Conditions of Entry.

11.Entrants agree:

• They are fully responsible for the Content which they submit to The Cheesecake Shop Facebook Page(s). The Promoter may, in its sole discretion, determine whether an entry will be posted, or remain posted on its Facebook page(s). The Promoter reserves the right to vet and/or remove any Content at any time in its absolute discretion. However, the Promoter is not responsible for any Content uploaded to the site and visitors to the site view it at their own risk. Notwithstanding any decision by the Promoter to post Content on its Facebook Page(s), the terms and warranties set out in these Conditions of Entry continue to apply;
• To waive, and hereby do waive, any legal or equitable rights or remedies they have or may have against the Promoter with respect to the entries and Content they submit and their use of the Promotion Website, and agree to indemnify and hold the Promoter, its officers, agents and affiliates harmless to the fullest extent allowed by law regarding all matters related to their use of the site
  3.To report abuse, harassment, inappropriate content or privacy complaints by emailing contact@cheesecake.com.au. The Promoter reserves the right to remove any Content from the Facebook Page(s) and invalidate any associated entry without prior notice and for any reason it sees fit in its sole discretion, including if properly notified that such material infringes on another's intellectual property rights.

12.The Promoter reserves the right, at any time, to verify the validity of entries and entrants. Without limitation, entrants agree to provide a copy of their proof of Australian Residence to the Promoter upon request. The Promoter has the right to invalidate any entry which it considers to be (or may be) in breach of these Conditions of Entry. Promoter’s decision in relation to all aspects of the promotion is final and no correspondence will be entered into.

WINNERS & PRIZING

13.The winners will be notified in writing via Direct Message on Facebook via their entry comment by 25/02/2020 11:59 PM AEST. The winners may also be announced on other media as chosen by the Promoter. If the winner(s) fail to reply within 7 days to the Promoter’s request for an email address to send the prize to, the prize is forfeited.

14. If requested by the Promoter, winners and gift recipients will sign a legal disclaimer on reasonable terms determined by the Promoter as a condition of taking any prize or accepting any gift.

15.The use of (in perpetuity) of photographs entered can be used by the Promoter in subsequent marketing. The Promoter also has the unlimited, perpetual right to use such images for internal non-commercial purposes.

16.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.

17.The Promoter may, in its sole discretion, disqualify any entries from, and prohibit further participation in this Promotion by, any person who tampers with or benefits from any tampering with the entry process or with the operation of the Promotion or acts in violation of these conditions, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.

18.The Promoter accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction or otherwise.

19.The Promoter and associated agencies and companies (and their officers, employees and agents) 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) in connection with this Promotion or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law). 21.Any change in the value of the prizes occurring between the date of these terms and conditions and the date the prizes are claimed is not the responsibility of the Promoter.

CONFIDENTIALITY AND SECURITY

20.All entries will be the property of the Promoter. The information entrants provide will be used by the Promoter for the purpose of conducting this competition. The Promoter may disclose Entrants’ personal information to third parties to assist in conducting this Promotion. The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1988. Entrants can access their personal information by contacting the Promoter’s Privacy Officer at 2 Lisbon Street, Fairfield East, New South Wales, 2165 or at contact@cheesecake.com.au.

21.The security of your personal information is important to us. We take all reasonable measures to protect the personal information that is submitted to us, both during transmission and once we receive it, against loss, unauthorised access, use, modification or disclosure, and other misuse.
The information that is submitted on the entry is publicly available and will remain publicly available indefinitely. For winners, your personal information will remain on the database indefinitely until you advise you would like it removed, unless we destroy it earlier in accordance with privacy law requirements.
The Promoter uses third party suppliers for the storage of personal information and any such third party must at all times provide the same levels of security for your personal information as the promoter does, and, where required, are bound by a legal agreement to keep your personal information private, secure and to process it only on the specific instructions of The Promoter.

22.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 State and Territories of Australia or any statutory consumer guarantees as provided under consumer protection laws in New Zealand (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) 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 the promotion.

25.The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.

26.The Promoter is The Cheesecake Shop Pty. Ltd. (ABN 54 059 134 431) of 2 Lisbon Street FAIRFIELD EAST NSW 2165.