Terms & Conditions – Naked Cakes Competition



  1. Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  2. The promoter is Queen Fine Foods Pty. Ltd. (ABN 84 009 877 347) of 17-19 Wakefield Street, Alderly Qld 4051, Australia (“Promoter”).
  3. Entry is only open to Australian residents. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.
  4. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family 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. Promotion commences at 12:00pm Australian Eastern Daylight Savings Time (“AEDST”) on 19/02/16 and ends at 11:59pm AEDST on 16/04/16 (“Promotional Period”).
  6. To be eligible to enter, individuals must take (or have taken prior to the competition Period) an original Photograph of their own baking creation of a ‘naked cake’ and describe in 200 words or less:
    1. The cake flavour
    2. The icing flavour
    3. The decorations on the cake
    4. The reason or occasion for baking the cake.
  7. To enter, individuals must during the competition Period visit the Promoter’s website at www.queen.com.au (“Queen Fine Foods Website”), upload their Photograph along with the description as detailed above.
  8. Each entrant warrants to the Promoter that each entry they submit (including the Photograph) is an original creative work of the entrant that does not infringe the rights of any third party. Entries must comply with and are subject to the provisions contained in clause 26. Entries that contain prohibited or inappropriate content, or are otherwise in breach of these Terms and Conditions will not be eligible to win.
  9. Multiple entries are permitted, subject to the following: (a) each entry must be substantially unique; and (b) each entry must be submitted separately and in accordance with entry requirements.
  10. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any entrant who the Promoter has reason to believe has breached 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 will 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. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
  11. Incomplete or indecipherable entries will be deemed invalid.
  12. 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.
  13. The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant.
  14. The winner(s) will be notified by email within 28 days of the competition Period ending.
  15. This is a game of skill and chance plays no part in determining the winner(s). Each will be individually judged against all other entries received in the Competition Period, based on creative merit of the Photograph and the response provided in the entry.
  16. The Promoter’s decision is final and no correspondence will be entered into.
  17. The three best valid entries as determined by the judges will each win one (1) Naked Cakes Baking Kit consisting of Lyndel Miller’s Naked Cakes Recipe Book, a Breville Scraper Mixer Twin, Breville Freeze & Mix plus Queen Vanilla Bean Paste 140g and Gel Food Colours 15g, valued at RRP$775.
  18. If the winner of a prize is under the age of 18 years, the prize will be awarded to the winner’s nominated parent or guardian.
  19. If for any reason a winner does not take 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. The winner has 28 days from notification by the Promoter of their winning entry, to claim the prize.
  20. If a prize (or part of a prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification.
  21. Total prize pool value is up to AU$2325.
  22. Prize(s), or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
  23. When an entrant submits any materials via the promotion including comments, answers to promotional questions, recordings and images, including Photographs, (“Content”), the entrant, unless the Promoter advises otherwise, licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.
  24. Entrants agree that they are fully responsible for the Content they submit. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove any Content without notice for any reason whatsoever. Entrants warrant and agree that: (a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication; (b) they will obtain prior consent from any person or owner(s) of any property that appears in their Content; (c) they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein; (d) their Content shall not contain viruses or cause injury or harm to any person or entity; and (e) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.

Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.

  1. Entrants consent to the Promoter using their 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 without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
  2. 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) to modify, suspend, terminate or cancel the promotion, as appropriate.
  3. Any cost associated with accessing/using the Internet is the entrant’s responsibility and is dependent on the Internet service provider used.
  4. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
  5. 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 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.
  6. 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, unauthorised access or third party interference; (c) any entry or 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/taking of a prize.
  7. As a condition of accepting a prize, a 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 form.
  1. The Promoter may collect personal information (“PI“) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this PI. The Promoter will use and handle PI as set out in its Privacy Policy, which can be viewed at http://www.queen.com.au/privacy. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, 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. All entries become the property of the Promoter. The Promoter will not disclose entrant’s personal information to any entity outside of Australia, except in the case of sending details of New Zealand winners to New Zealand prize suppliers for the purposes of fulfilling prizes in New Zealand.
  1. 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.