THE INNER CIRCLE – BIRTHDAY OFFERS:

• This offer is valid for one transaction only.
• To be eligible for this offer you must be a pre-existing member of ‘The Friends of Krispy Kreme for a minimum of 10 days prior to your birthday.
• Once expired this offer cannot be replaced, refunded, or redeemed.
• Incorrect details will result in e-mail not being sent.
• Offer will not be resent should you delete your e-mail or have not redeemed the offer before expiry.
• When registering as a Friend of Krispy Kreme you will require a unique email address (one email associated to one person).
• Birthday Gift – In-store Only
• Valid for 1 x 6 pack Original Glazed® doughnuts per member.
• Redeemable in-store at Krispy Kreme stores in SA only.
• Show your e-mail on your phone or electronic device (or a print out) in-store and a photo identification to redeem offer. Screenshot of email will not be accepted.
• Doughnuts cannot be substituted for any other product.
• Coupon code not redeemable or transferable for cash or credit.
• Valid for 14 days from receiving offer e-mail.
• Once expired or used this offer cannot be replaced, refunded, or redeemed.
• Not available in Krispy Kreme in OTR, Krispy Kreme in WA, QLD, VIC or NSW

Krispy Kreme Fundraising programs and pricing structures are designed to assist charities and non-profit organisations and groups only.

The pricing structure reflects Krispy Kreme’s commitment to helping our community and the information below explains who can participate:

• COMMUNITY: Funds are being used to support community-based activities devoted exclusively to charitable, educational, or recreational purposes.
• CHARITABLE: Funds are being used to support a charitable organisation or benevolent cause.
• EDUCATIONAL: School or school related groups such as band, club, student and parent group associated with a school or educational institution.

All order requests must be completed at least 7 days prior to Fundraiser collection date.  Date and time of Fundraiser is subject to availability and to be approved by Krispy Kreme.

All orders must be confirmed by both parties.

Orders not picked up within an hour of the scheduled time will be considered cancelled.

I understand that payment in full is required 7 days prior to delivery or collection.

Fundraisers must be paid in full 7 days prior to dispatch of order.

Minimum order quantity of 30 dozen required.

Any delivery charges will be the responsibility of the organisation who is confirming the Fundraiser.

Delivery is subject to availability and must be approved by Krispy Kreme South Australia.

If this Fundraiser is cancelled less than 48 hours in advance, I authorise Krispy Kreme South Australia to charge 50% of the total price.

Krispy Kreme South Australia reserves the right to change Fundraising prices without notice.

Krispy Kreme South Australia Fundraising products are valid only at Krispy Kreme South Australia retail outlets and are not accepted in wholesale outlets.

All participating organisations will be required to provide a letter on the non-profit organisation’s letterhead, acknowledging the fundraising activity by an organisation executive.

Placing an order online

Our goal is to always deliver the highest quality and freshest doughnuts. Krispy Kreme South Australia offers delivery to a number of postcodes in Adelaide – See below to confirm if your location receives a delivery.

Delivery costs is $18.00 per delivery, costs appear on the checkout page after a postcode has been entered.

Deliveries cannot be made on weekends and public holidays. You may not resell our doughnuts, they are for personal consumption only.

Krispy Kreme will deliver next day (Mon-Fri) provided all orders are received no later than 5.30pm the day prior.

Agreed Terms

Application

These Online Ordering Terms and Conditions are to be read in conjunction with, and form part of the Terms of use.

These Online Ordering Terms and Conditions incorporate our Privacy Policy.

Delivery availability and pricing

• All orders are delivered by a 3-party courier service.
• Delivery services are available in selected areas in Metropolitan Adelaide
• We reserve the right to alter the locations at which delivery services are available at anytime. Available delivery locations will be displayed in the Shipping Method field on the Checkout page.

Receiving your delivery

• We recommend that you have your order delivered to an address where someone will be present during business hours to sign for the delivery. If the delivery address is unattended, our couriers are authorised to leave the goods in a safe location at that address as deemed by the courier. A courier may deem a delivery location unsafe if:

1. There is no sheltered area to leave the goods away from street or public view
2. There is no access to the building, unit/apartment
3. There is no suitable place to leave the delivery.

• If a safe location cannot be found, the courier will return the product to the dispatch location. An additional delivery fee will be payable if you require the product to be redelivered.
• For deliveries to a business address, should the recipient not be available, the delivery will be left at the reception. In the instance the reception is not available, delivery will be left with a colleague.
• If you have any specific delivery requirements, you must note these in the ‘shipping instructions’ on checkout. Specific delivery times requested in the ‘shipping instructions’ will be disregarded.
• Orders cannot be delivered to post office boxes or postal lockers.

Delivery conditions and payment

• Delivery is not available weekends or on public holidays.
• If you are having your order delivered, you are required to pay online using Visa or Mastercard.
• For next day deliveries and future dated deliveries, we will process your order the evening prior to the delivery. Our Doughnut factory stores will produce the doughnuts just in time for delivery.
• To ensure freshness and high quality, delivery is made within 24 hours of the product being collected by the courier.
• Krispy Kreme does not take responsibility for any delay or loss in deliveries caused by, or in any way connected with, any cause outside of our reasonable control including but not limited to shortfall of supplies, courier delays, strikes, industrial disputes, terrorism, riot, fire, storm and other acts of God, communications or network failures, traffic delays or accidents.
• We cannot guarantee an exact delivery time; the delivery will be made any time within the delivery time window you select on the checkout page; 8am – 12pm or 1pm – 5pm. Actual delivery times will be dependent on the individual delivery driver’s schedule and your requested delivery address.
• If we are unable to dispatch your order for any reason, including that the products are unavailable, we will notify you as soon as possible Next day orders will be replaced with a product of the same value.
• If you have not received your order by 5pm on your selected day please email [email protected] and our team will contact you.
• You may not on-sell the product/s purchased from our website, for any reason. If you want to resell products to raise funds for a charitable organisation, please visit our Fundraising page for more details. You will need to meet certain criteria to participate in that program.

Remote and International deliveries

• Online shopping is only available to customer delivery addresses within Adelaide, South Australia that can be serviced via courier within a period of time deemed suitable to provide fresh product. Available delivery addresses are determined by the courier routes and the location of the Krispy Kreme Doughnut factory stores.

Delivery postcodes

You can find a list of postcodes below that we offer delivery to:

5000, 5005, 5006, 5007, 5008, 5009, 5010, 5011, 5012, 5013, 5014, 5015, 5016, 5017, 5018, 5019, 5020, 5021, 5022, 5023, 5024, 5025, 5031, 5032, 5033, 5034, 5035, 5037, 5038, 5039, 5040, 5041, 5042, 5043, 5044, 5045, 5046, 5047, 5048, 5049, 5050, 5051, 5052, 5061, 5062 (excluding Brown Hill Creek), 5063, 5064, 5065, 5066, 5067, 5068, 5069, 5070, 5071, 5072, 5073, 5074, 5075, 5076 (excluding Castambul), 5081, 5082, 5083, 5084, 5085, 5086, 5087, 5088, 5089, 5090, 5091, 5092, 5093, 5094, 5095, 5096, 5097, 5098, 5106, 5107, 5108, 5109, 5110, 5111, 5112, 5113, 5114 (excluding Humbug Scrub, Sampson Flat & Yattalunga), 5115 (excluding Kudla & Munno Para Downs), 5117, 5120 (excluding Riverlea Park), 5121 (excluding Eyre), 5125, 5126, 5127, 5131 (excluding Lower Hermitage & Upper Hermitage), 5140, 5141 (excluding Summertown), 5150, 5158, 5159, 5160, 5161, 5162, 5163 (excluding Onkaparinga Heights), 5164, 5165, 5166, 5167, 5168, 5950.

If you have ordered from one of the excluded suburbs, we will cancel & refund your order, or arrange for a Click & Collect.

Returns and guarantee policy

• In addition to the rights and remedies you may have as a consumer under relevant law including the Australian Consumer Law, Doughboys Manufacturing Pty Ltd offers you the following benefits under our Returns and Guarantee policy:
• We endeavour to deliver high quality and fresh doughnuts.
• You need to inspect the product(s) immediately upon receipt at your nominated delivery address. If the product(s), when initially received by you, is damaged or faulty, or if there is a shortfall or error in your order, you must contact our Head office within 24 hours of receiving the product, either via phone call or, if it is outside of office hours, via email to [email protected] or our contact form on our website, and provide the following details:

1. your full name, address, telephone number (during business hours) and email address;
2. your order number;
3. a detailed explanation of the fault, error or reason for the return; and
4. clear photographic evidence of the fault, error or reason for the return.

• You do not have to return faulty products to us.
• Once you submit your claim, if we assess that your product(s) when delivered to you were in fact faulty, crushed, damaged or were not satisfactory due to deterioration caused by travel conditions, we will, at our option

1. attempt another delivery (on a date we specify) to you at our cost to replace the product(s) with an identical product or a product(s) of equivalent value and specifications; or
2. refund the purchase price for the faulty product(s).

• Once you submit your claim, if we assess that there was a genuine error or shortfall with your order, we will take all reasonable steps to correct the error or shortfall.
• Returns will not be accepted by Krispy Kreme if:

1. the fault or damage to the product(s) has been caused by accident or by misuse by either you or a third party; or
2. the product(s) has been modified or tampered with in any way by you or a third party. Krispy Kreme has various tampering detection methods in place.

• Subject always to your rights under applicable laws including the Australian Consumer Law, we reserve the right to refuse claims under this Returns and Guarantee policy in our discretion with regard to various factors including, without limitation, loss or damage not caused by us, improper or inadequate care, insufficient proof of fault, error or reason for the return or unreasonable delay.
• We do not allow returns for a change of mind.
• This Returns and Guarantee policy applies to online orders only, including delivery and collect-in-store.
• Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. These rights may be available beyond the 3-hour time frame specified above for our own Returns and Guarantee policy.

Products, prices and orders

• All products advertised on the Site are subject to availability. Products are available only in the styles and colours displayed or as otherwise indicated. We endeavour to ensure that the products and descriptions of them on the Site are accurate. We do not, however, promise or represent that the Site is accurate or free from errors or omissions and we reserve the right to make any necessary corrections. Please be aware that colours appear differently on different monitors.
• The price payable for any product(s) is the price specified on the Site at the time of placing the order, in Australian dollars and inclusive of goods and services tax (GST). Prices displayed on the Site may change at any time. All transactions are processed in Australian dollars (AUD).
• You acknowledge that, by placing an order, you are agreeing to pay for and accept delivery (or arrange collection as the case may be) of the product(s) ordered at price specified on this Site at the time you place your order.

Changes and cancellations

• All order changes, delivery detail changes or cancellations must be made 24 hours the working day prior to the delivery date.
• Subject to any applicable laws, we may cancel your order if:

1. any payment by you is cancelled, dishonoured or reversed; or
2. we have inadvertently displayed any errors on the Site, including but not limited to incorrect prices, descriptions or illustrations or typographical errors, and these errors are relevant to your order;
3. the Site has indicated that products are available when they are not; or
4. you do not or have not fully complied with these Online Ordering Terms and Conditions.

• For Mix your own dozen orders, if a doughnut is not available we will replace that doughnut with the closest matching doughnut. If you order a Limited Time Only dozen for a delivery date after the last delivery date for that Limited Time offer, we will substitute that Limited Time Only dozen with an assorted dozen.
• Krispy Kreme may change or withdraw its product offerings on this Site, if any, at any time. If you receive an email confirmation of an order, it does not constitute acceptance of an order or confirmation of an offer to sell. Krispy Kreme reserves the right, without prior notice, to limit the order quantity on any item or to refuse to fulfil any order for any reason.

Security and risk

• Krispy Kreme processes credit card transactions using e-commerce protocols and technology that are standard on the web. Krispy Kreme South Australian utilise a SSL certificate and Braintree security authentication. Nonetheless, Krispy Kreme cannot guarantee that it will be successful in preventing unauthorized access or tampering with the Site or its files.
• Risk of loss and title for the product(s) pass to you upon dispatch from our Krispy Kreme store to the delivery carrier.

To contact Krispy Kreme South Australia

• Physical Address: 270 The Parade, Kensington 5068
• Phone Number: 08 8333 9777
• Email: [email protected]

We recommend someone is present at the delivery address to sign for the delivery so it is READY TO BE GOBBLED UP as soon as possible.

If the delivery address is unattended our couriers will need to leave the goods so be sure you have a good place, you are happy with.

You can use the comments field on the order page with any special notes such as sharing your chosen location. Be sure its accessible as we can’t climb, chase dogs, enter the house or swim across rivers to get there.

Remember if you are not home you will need a cool dry place free from anything or anyone else you don’t want to eat your doughnuts before you! If there are no special instructions the delivery drivers will do their best and look for a sheltered, shaded and dry area to leave the goods away from street or public view.

If you are not sure you can be home, or have the right place for the doughnuts to be left consider visiting a store, (use the click and collect option instead of delivery) or perhaps check if UberEats or Menulog service your area. We don’t want you to be disappoint and get anything less than you would expect.

Please note that once our goods are left we cannot accept responsibility for damage occurring or foreign matter (e.g. ants) entering the box due to the product being left unattended. For this reason, we suggest you receive your delivery at work, or on a day someone is home to receive the delivery.

If you are ordering for someone else, the above conditions still apply.

If there is no safe place, the delivery driver will take the goods to Krispy Kreme West Croydon, located at 563 Port Road, West Croydon, for your collection.

‘Krispy Kreme Mother’s Day Promotion’ (Promotion)

Terms and Conditions

By entering the Promotion, you agree to be bound by the following Terms and Conditions:

CONDITIONS OF ENTRY

1. Information on How To Enter and Prize(s) form part of the Schedule and these Conditions of Entry. These Conditions of Entry must be read in conjunction with the Schedule for the Promotion. Entry into the Promotion is deemed acceptance of the Schedule and these Conditions of Entry. Capitalised terms and expressions appearing in these Conditions of Entry are as defined in the Schedule or these Conditions of Entry. Unless the contrary intention appears, a reference to the singular includes the plural and vice versa. The Schedule will prevail to the extent of any inconsistency between the Schedule and these Conditions of Entry. If applicable, these Conditions of Entry apply to each Participating Store except where context in these Conditions of Entry indicates otherwise.

DURATION

2. The Promotion will be conducted during the Promotional Period.

ELIGIBILITY

3. The Promotion is open to Eligible Entrants. The directors, management, and employees (and their Immediate Families) of the Promoter, its related entities, corporations, or franchisees (if applicable), printers, suppliers, providers, and agencies associated with the Promotion including the Promoter’s Partner are ineligible to enter the Promotion.

4. Eligible Entrants are aged over 18 years and must be Australian residents.

HOW TO ENTER

5. Eligible Entrants may enter the Promotion during the Promotional Period in accordance with the Entry Instructions. Eligible Entrants must provide all mandatory information required to enter the Promotion, which may include, but is not limited to, their full name, gender, date of birth, residential address, current and valid email address, contact telephone number and mobile telephone number and, if applicable, the date of purchase of the Participating Product, the location of the Participating Store where the Participating Product purchase transaction was made and each Participating Product’s unique or promotional code (if applicable).

6. Eligible Entrants may enter in accordance with the Maximum Entries. If multiple entries are not permitted, any subsequent entry after the first valid entry is received will be deemed invalid. If multiple entries are permitted, each entry must be submitted separately and, if purchase is required, must be based on a separate Participating Product purchase transaction. All entries must independently comply with these Conditions of Entry. If applicable, entries must be received by the Promoter during that Promotional Period to be eligible for the corresponding Voting or Draw (as applicable). Unless expressly stated otherwise in the Schedule, entries received by the Promoter during a Promotional Period will not rollover into any Voting or Draw(s) (as applicable) for subsequent Promotional Stage(s) (if any).

7. If purchase is required: Each Eligible Entrant must retain and may be required to present proof of purchase of each Participating Product in order to claim a Prize. An Eligible Entrant may be required to provide to the Promoter proof of purchase for all entries made, upon request by the Promoter. If an Eligible Entrant is unable to provide proof of purchase for all entries made within the required timeframes, then all the entries of that Eligible Entrant will be ineligible and deemed invalid. For each Participating Product purchased during the Promotional Period, proof of purchase, if required, includes showing the original and providing a photocopy of the purchase receipt and, if the Participating Product is specially marked or if any other promotional material is provided with purchase, the original product packaging or promotional material. Purchase receipts must clearly specify where the Participating Product was purchased and that the Participating Product was purchased during the Promotional Period but prior to entry. Selection of Participating Products is subject to availability at each Participating store and based on reasonably anticipated demand. Participating Products may not be available for sale in all Participating stores at all times during the Promotional Period. The Promoter and Promoter’s Partner accepts no responsibility for any Participating Products being unavailable at a Participating Store during the Promotional Period.

8. Entries received will be considered final by the Promoter. The Promoter accepts no responsibility for late, lost, or misdirected entries. Incomplete, inaccurate, erroneous, ineligible, or incomprehensible entries will be deemed invalid. Contact details entered incorrectly by an Eligible Entrant will deem their entry invalid.

9. QR code and/or mobile Internet: Eligible Entrants must have the bill payer’s consent to use QR (quick response) code and/or mobile internet to participate in the Promotion or their entry will be deemed invalid. Some service providers and mobile devices may not provide access to QR code and/or mobile internet. Eligible Entrants must check with their service provider if unsure. Downloading and/or accessing mobile content including web-based content may incur data charges. Any external links (such as links clicked through the Apple App Store or Google Play) and promotional application features that require Internet connection may also incur data charges. Eligible Entrants will need to refer to the terms of the contracts with their mobile carrier, usage plan or Internet service provider (as applicable) for costs, as costs vary from plan to plan.

10. The use of any automated entry software or any mechanical, electronic, or other means that allows an Eligible Entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that Eligible Entrant invalid.

WINNER DETERMINATION

11. The Winner(s) in the Draw(s) will be notified in writing. All reasonable steps to notify the Winner(s) of the results of the Draw(s) will be taken by the Promoter. The Promoter’s decision is final, and no correspondence will be entered into.

12. The Promoter will conduct a reserve draw (Reserve Draw) in order to distribute any Prize(s) (if any) unclaimed by that date, subject to any written directions given under applicable Australian State or Territory legislation. In the event of any Winner(s) in the Reserve Draw, the Winner(s) will be notified in writing and published in the Publication (if applicable). All reasonable steps to notify the Winner(s) of the results of the Reserve Draw (if applicable) will be taken by the Promoter. The Promoter’s decision is final, and no correspondence will be entered into.

PRIZE(S)

13. The Winner(s) will be awarded the Prize(s) subject to eligibility criteria being correct.

14. All Prize(s) are subject to the Prize supplier’s prevailing terms and conditions of use and these Conditions of Entry.

15. All additional costs not expressly stated, but which may be incurred in acceptance and use of the Prize(s), are the responsibility of the Winner(s) and their companion(s) (if any). Such additional costs may include, but are not limited to, travel or transportation, meals, beverages, telephone calls, internet connection, telephone or data plan charges, software or applications, laundry services, spending money, transport to and from Participating store(s), transport to and from airport departure point, other transfers, taxes including arrival and departure taxes not provided with the Prize(s) as part of standard retail sale (if applicable) but excluding airfare related taxes and charges included in the Prize(s) (if applicable), insurance, travel insurance, passports and visas (if applicable).

16. If any Prize includes a voucher, gift card, debit card, pass or ticket: Vouchers, gift cards, debit cards, passes and tickets are subject to their prevailing terms and conditions of use, including expiry dates, and are not replaceable if lost, stolen or damaged.

17. If any Prize includes food and/or beverage(s): It is the responsibility of the Winner(s) and their companion(s) (if any) to ensure the food and/or beverage(s) included in the Prize(s) is consistent with their dietary requirements. If a Prize is redeemable at the Participating Store(s), the Prize is valid for the particular size, type, and flavour of the individual food and/or beverage item(s) as stated in these Conditions of Entry (including the Schedule) only and cannot be used in combination to claim or discount any other food and/or beverage item(s). The Participating Restaurant(s) reserve the right to substitute ingredients of the food and/or beverage item(s) as a result of seasonal, supplier or other variability outside the reasonable control of the Promoter. No request by a Winner to substitute or vary the Prize will be accepted. Redemption of the Prize(s) is subject to availability at the Participating Store(s) and individual food and/or beverage item(s) may not be available at a particular Participating Store(s). The Promoter accepts no responsibility for any food and/or beverage item(s) being unavailable at any Participating Store(s).

18. No compensation will be payable if the Winner(s) and/or their companion(s) (if any) are unable to use any element of the Prize(s) as stated for whatever reason, including refusal of participation in certain activities for health, age, behaviour, or safety reasons.

19. The Promoter also reserves the right to disqualify the Winner(s) and/or their companion(s) (if any), prohibit participation in the Prize(s) or any component of the Prize(s) by the Winner(s) and/or their companion(s) (if any), or otherwise cease to provide any Prize benefit to the Winner(s) and/or their companion(s) (if any) if the Winner(s) and/or their companion(s) (if any) act in a way, or causes material to be published, which the Promoter in its sole discretion deems to be inappropriate, aggressive, defamatory, offensive, or contrary to law, to diminish the good name or reputation of any Prize supplier or any of its related bodies corporate or its or their products, or otherwise is not in keeping with the spirit of the Promotion. For the avoidance of doubt, a Winner can be disqualified after the Winner is notified that they have won if the Winner is found to have not acted in accordance with these Conditions of Entry. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

20. It is a condition of accepting and participating in the Prize(s) that the Winner(s) and their companion(s) (if any) acknowledge and agree that the Promoter or its agents including the Promoter’s Partner may film, photograph and record the Winner(s) and their companion(s) (if any) during the course of their participation in the Prize(s) and that such footage will be the property of the Promoter and may be edited.

21. The Promoter reserves the right to request a Winner and their companion(s) (if any) produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the identity and age of the Winner and their companion(s) (if any) before issuing the Prize and at any time during their participation in the Prize.

22. It is a condition of accepting and participating in the Prize(s) that the Winner(s) and their companion(s) (if any) may be required to sign eligibility form(s), code(s) of conduct and/or legal release(s) in a form determined by the Promoter in its absolute discretion.

23. The value of all Prize(s) is $1,347.40 (inclusive of GST). The Prize(s) are not transferable or exchangeable and cannot be taken as cash (unless otherwise indicated). The Prize(s) must be taken as offered and cannot be varied. The Prize(s) cannot be used or redeemed in conjunction with any other offer. The Promoter and Promoter’s Partner accepts no responsibility for any tax implications that may arise from Prize winnings. Independent financial advice should be sought. The Promoter and Promoter’s Partner accepts no responsibility for any variation in Prize value. All Prize values are the recommended retail price including GST (depending on point of departure, where applicable).

24. If a Prize (or element of a Prize) becomes unavailable for any reason beyond the Promoter’s reasonable control, then a comparable prize (or prize element) of equal or greater value will be awarded in lieu, subject to any written directions made under applicable Australian State or Territory legislation

WINNER VERIFICATION

25. Eligible Entrants can only enter in their own name. Eligible Entrants who provide incorrect, misleading, or fraudulent information are ineligible to participate in the Promotion and all entries of an Eligible Entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. The Promoter reserves the right to request the Eligible Entrant produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the Eligible Entrant’s identity, age, residential address, eligibility to enter and claim a Prize, that the Eligible Entrant obtained the bill payer’s consent to enter by premium SMS or 1900 service (where applicable) before submitting their entry, that the Eligible Entrant has a clear relationship with the end mobile device used to enter via premium SMS or 1900 service (where applicable), and any information submitted by the Eligible Entrant in entering the Promotion, before issuing a Prize. If any documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an Eligible Entrant or entry has not been verified or validated to the Promoter’s (or its nominated agent’s) satisfaction then all the entries of that Eligible Entrant may be ineligible and deemed invalid.

26. The Promoter and Promoter’s Partner reserves the right to verify the validity of any and all entries and to disqualify any Eligible Entrant for: (a) tampering with the entry process; (b) submitting an entry which is not in accordance with these Conditions of Entry; or (c) engaging in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter’s and Promoter’s Partner legal rights to recover damages or other compensation from such an offender are reserved.

27. A Prize will only be awarded following any Winner validation and verification that the Promoter, or its nominated agents, requires in their absolute discretion (including as stated in the Schedule, if applicable).

PROMOTIONAL MATERIAL

28. The only materials that form part of the Promotion are materials manufactured for the Promoter, and issued by the Promoter or its franchisees (if applicable) for the purposes of the Promotion. Promotional material is only eligible if issued by the Promoter or its franchisees (if applicable) in connection with the retail sale of any Participating Products during the Promotional Period.

29. In order to preserve the integrity of the Promotion, and to detect fraudulent and unacceptable conduct, promotional material may have special features, including security markings, which are known only to the Promoter and its authorised agents. Only bona fide promotional material will be honoured. The Promoter may conduct security verification checks in its absolute discretion. Promotional material is void and not replaceable if it has been lost, stolen, forged, transferred, mutilated, or tampered with in any way or if it, or any part of it, fails any of the Promoter’s security and verification checks. Any promotional material that is misprinted or reproduced incorrectly will be, in the Promoter’s sole discretion, void and an Eligible Entrant’s sole remedy will be (subject to availability) replacement promotional material.

30. Promotional material cannot be transferred by Eligible Entrants to any other person, whether by gift, sale or otherwise and whether the transaction was initiated privately or in a public forum. Promotional material that has been transferred is void and any Prize claim based upon any promotional material that has been so transferred is invalid. Notwithstanding the prohibition on transfer of promotional material, the Promoter is not required to establish in any case whether the promotional material in respect of any Prize claim has been transferred.

31. The purchase, sale, trading, barter, auctioning, or any other method of ‘transferring to another’ of any promotional material, is expressly prohibited in this Promotion and will deem the promotional material invalid and any person who is a party to such a transfer may be disqualified from participating in the Promotion. For the avoidance of doubt, any promotional material produced for any other promotion anywhere in the world, including any other promotion of the Promoter, is invalid for the purposes of this Promotion.

32. All promotional advertisements depicting or describing Prize(s) and/or containing trademark references are illustrative rather than definitive and do not imply any association with the Promoter.

PRIVACY

33. Selected partners, trusted third parties, promotional agents and Prize suppliers of the Promoter may require that Eligible Entrants provide Personal Information to them in order to process a valid Prize claim. Eligible Entrants must satisfy themselves with the privacy policies of any Promotional Partners (if any), as the Promoter will not accept any responsibility for the handling of Personal Information by Promotional Partners (if any).

34. The Promoter and its Promotional Partners (if any) collect Personal Information about an Eligible Entrant to include the Eligible Entrant in the Promotion, award Prize(s) (where appropriate) and use the information to assist in improving the goods and services of the Promoter and its Promotional Partners (if any). If the Personal Information requested is not provided, the Eligible Entrant cannot participate in the Promotion and is deemed ineligible.

35. Eligible Entrants agree that the Promoter may, in the event the Eligible Entrant is a Winner, publish or cause to be published the Eligible Entrant Winner’s name and locality in any media, as required under the relevant Australian State or Territory or New Zealand lottery legislation.

36. Eligible Entrants can gain access to, update or correct any of their Personal Information held by the Promoter by contacting the Promoter’s Privacy Officer at the premises of the Promoter. All Personal Information will be stored and used by the Promoter in accordance with the Promoter’s Privacy Policy. A copy of the Promoter’s Privacy Policy in relation to the treatment of Personal Information collected may be obtained at https://krispykremesa.com.au/privacy-policy. These Conditions of Entry will prevail to the extent of any inconsistency between these Conditions of Entry and the Promoter’s Privacy Policy.

37. If entry into the Promotion requires or invites opt-in: By entering the Promotion and opting-in (if applicable), Eligible Entrants acknowledge that a further primary purpose for collection of the Eligible Entrant’s Personal Information by the Promoter is to contact the Entrant in the future with information about the Promoter, including special offers, market research or to provide the Eligible Entrant with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future. The Promoter may share an Eligible Entrant’s Personal Information with its Australian and overseas related companies, Promotional Partners, servants, employees, and agents who may contact the Eligible Entrant for their legitimate commercial purposes, including special offers, market research or to provide the Eligible Entrant with marketing materials in this way. By entering the Promotion and opting-in (if applicable), Eligible Entrants acknowledge and agree that the Promoter and any applicable third parties may use their Personal Information in the manner set out in this condition.

38. The Promotional site(s) and promotions may contain links to other websites (“Linked Sites”), including Promotional Partner websites. The Promoter is not responsible for the content of any Linked Sites, whether or not the Promoter is affiliated with the Linked Sites. The Promoter does not in any way endorse any Linked Sites and is not responsible for the quality or delivery of any products or services offered, accessed or advertised by such Linked Sites. To the extent that these Linked Sites collect Personal Information or postings from Eligible Entrants, the Promoter shall bear no responsibility or liability for the manner in which such information or postings are used or exploited. The Linked Sites are for Eligible Entrants’ convenience only and Eligible Entrants agree to access them at their own risk.

GENERAL

39. As a condition of entering this Promotion, each Eligible Entrant consents to, in the event they are a Winner, the Promoter using the Eligible Entrant’s entry, name, locality (including suburb and State or Territory of residence), likeness, image and/or voice (including photograph, film and/or recording of the same) in any media worldwide for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the Promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter. The Eligible Entrant agrees that, in the event they are a Winner, the Eligible Entrant will participate in all reasonable promoted activities in relation to the Promotion as requested by the Promoter and its or their agents and sign any additional documents (including but not limited to a media release form) reasonably required by the Promoter to give effect to this condition. As a condition of participating in a Prize, each Winner’s companion(s) (if any) also consents to the Promoter using their name, locality (including suburb and State or Territory of residence), likeness, image and/or voice (including photograph, film and/or recording of the same) in the manner set out in this condition and agrees to participate in all reasonable promoted activities in relation to the Prize as requested by the Promoter and its agents and sign any additional documents (including but not limited to a media release form) reasonably required by the Promoter to give effect to this condition.

40. If the Promotion is not capable of running as planned for any reason beyond the reasonable control of the Promoter, including because of war, terrorism, pandemic, epidemic, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion and/or if necessary to provide alternative Prize(s) to the same value as the original Prize(s), subject to any written directions made under applicable Australian State or Territory legislation.

41. The Promoter and its related entities exclude all liability (including negligence) except for any liability that cannot be excluded by law (including any applicable Consumer Guarantee under the Australian Consumer Law), for any direct or indirect injury, loss and/or damage arising in any way out of the Promotion. This includes, but is not limited to: (i) technical malfunctions, OTR App outage or issue, delays or failures, including those resulting from accessing any materials related to this Promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this Promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged entries, Prize claims or Prize(s); and/or (iv) acceptance and/or use of any Prize. Applicable manufacturers and/or distributors should be contacted in regards to all Prize warranty claims (where applicable).

42. Any attempt to cause malicious damage or interference with the normal functioning of the Promotional Site(s), SMS application(s), the QR code and/or mobile application(s) (as applicable), or the information on the Promotional Site(s) and/or mobile application(s) (as applicable), or to otherwise undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. 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 Eligible Entrant, the Eligible Entrant agrees to indemnify the Promoter for those losses, damages and costs.

43. To the extent permitted by law, each Eligible Entrant indemnifies, and must defend and hold harmless, the Promoter and its related entities, employees, servants, agents and contractors, from and against all Losses arising from: (i) a breach by the Eligible Entrant of any of these Conditions of Entry; (ii) any third party claim arising directly or indirectly from a breach by the Eligible Entrant of any of these Conditions of Entry; (iii) a negligent, wilful or otherwise wrongful act or omission of the Eligible Entrant; (iv) fraudulent or dishonest acts or omissions by the Eligible Entrant; (v) any breach by the Eligible Entrant of any applicable Laws; (vi) any claim by any third party (including individuals, legal entities and governmental departments or agencies) arising directly or indirectly as a result of the Eligible Entrant entering the Promotion; (vii) the death of, or personal injury to, any person or any damage to, or loss or destruction of, any real or tangible personal property, to the extent caused by any act or omission of the Eligible Entrant; and (viii) any claim or allegation that the Eligible Entrant’s entry infringes a third party’s Intellectual Property Rights or constitutes an unlawful disclosure or misuse or misappropriation of another party’s trade secret or confidential information.

44. All of the Promoter’s decisions in respect of the Promotion are final and no correspondence will be entered into.

45. Apple Inc (and any of its brands and trademarks including Apple®), Google Play, Facebook and Instagram are not participants in or sponsors of the Promotion.

46. All queries, issues and concerns in connection with this Promotion are to be directed to the Promoter by completing the Contact Us form on https://krispykreme.com.au /contact-us. All disputes are to be adjudicated by the Promoter.

47. In these Conditions of Entry:

a. “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

b. “Immediate Families” means any of the following: spouse, ex-spouse, de-facto spouse, child or stepchild (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or cousin.

c. “Intellectual Property Rights” means all present and future rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trademarks, service marks, trade names, domain names, designs, confidential information, trade secrets and know-how and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in Australia and/or New Zealand (as applicable) or otherwise.

d. “Laws” means all laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles and requirements, statutory rules of an industry body, statutory mandatory codes of conduct, writs, orders, injunctions, judgments, and generally accepted accounting principles in Australia and/or New Zealand (as applicable).

e. “Losses” means loss, damage, liability, charge, expense, or cost (including all reasonable legal and other professional costs on a full indemnity basis) of any nature or kind.

f. “OTR” means On The Run Pty Ltd (ABN 19 638 356 466) of 270 The Parade Kensington SA 5068.

g. “Personal Information” means, for the purpose of the Privacy Act 1988 (Cth), information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not.

h. “Regulators” means any regulatory agency or any private entity that functions in a quasi-regulatory manner, having any applicable jurisdiction and includes the Advertising Standards Bureau, the Australian Association of National Advertisers, the Australian Communications and Media Authority, the Commonwealth Department of Broadband, Communications and the Digital Economy, the Australian Competition and Consumer Commission, the Office of the Australian Information Commissioner, the Classification Board, the Telecommunications Industry Ombudsman and any authority, agency or entity that is substituted for, or takes over the functions of, any of those organisations.

APPENDIX 1: PARTICIPATING STORES