TERMS AND CONDITIONS – 2020 TROLLS: WORLD TOUR PROMOTION

This website (“Site”) is owned and operated by Palm Oasis Ventures Pty Ltd for Baskin-Robbins Australia (ABN 53 163 235 685)  (“us”, “we”, “our” or “Palm Oasis Ventures”). The use of and access to this Site is subject to these Terms and Conditions (“Terms”).  Please read the Terms carefully.  By accessing, browsing, shopping or using any other services on this Site, you agree to these Terms. We may revise the Terms at any time, without prior notice.  We recommend that you re-visit this page to review the latest Terms from time to time and before placing each order.
 

Your conduct

You agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.  Without limiting the foregoing, you agree that you will not use the Site:

(a)        to spam or otherwise send unsolicited messages;

(b)        to collect information about others without their consent;

(c)        to transmit, upload or post any material that contains viruses or any other harmful programs or code;

(d)        to transmit, upload or post any material that is obscene, vulgar, offensive, defamatory or otherwise inappropriate, or that breaches any laws including intellectual property or privacy rights;

(e)        to interfere with or disrupt this Site;

(f)         to interfere with any other person’s use or enjoyment of the Site;

(g)        to attempt to gain unauthorised access to any services or information; or

(h)        otherwise in any illegal manner.

Site contents

Palm Oasis Ventures has used its best endeavours to ensure that the information contained on or accessed through this Site is accurate and up-to-date.  However, to the fullest extent permitted by law (and save as otherwise expressly set out in these Terms), Palm Oasis Ventures makes no warranties or representations about the accuracy, correctness, reliability or completeness of the information provided and does not accept responsibility for any error, omission or defect in the information.

Intellectual property

All materials and content on the Site, including, without limitation, text, images, photos, illustrations, graphics, designs, names, logos, trademarks, service marks, trade names, software, audio clips and sound recordings, video clips and video recordings, music and the selection and arrangement thereof are the property of, or used under licence by, Palm Oasis Ventures and are subject to copyright and other intellectual property protection.

This Site contains commercially sensitive and valuable information which is both confidential and protected by copyright.  Brands, logos, images and taglines are registered or unregistered trade marks owned or used under licence by Palm Oasis Ventures.

Permission is granted to you to view content as a visitor to this Site.  You may download and save a temporary copy of material from the Site for the limited purpose of viewing the Site for personal use or procuring products from the Site.  Any other use of the materials and information on this Site, including reproduction for any purpose, modification, distribution, republication, adaptation, or commercial exploitation, without our prior written permission, is strictly prohibited.

Links

Palm Oasis Ventures is not responsible for the content of any website linked to or from the Site.  Any links provided are for your convenience only and are not an endorsement of the companies or products referred to on third-party websites to which this Site links.  Palm Oasis Ventures has no responsibility for the condition, content or operation of any such websites and shall not be liable for any damages or injury arising out of or resulting from access to or use of such websites.  If you click on a link to another site, you do so entirely at your own risk.  We recommend that you check the terms of use and privacy policies of any third-party websites that you visit.

Liability

To the fullest extent permitted by law, (and save as otherwise expressly set out in these Terms), Palm Oasis Ventures, its directors, employees, agents and representatives, exclude all liability, howsoever arising (including from negligence), for any loss or damage whether direct, indirect, special or consequential, or for personal injury which is suffered or sustained, by any user, arising in any way out of or in connection with the Site, including but not limited to such loss, damage or injury arising out of the following: 

(a)        using this Site;

(b)        purchasing and/or using any product(s) from the Site;

(c)        any errors or omissions from any information on this Site including typographical or photographical errors;

(d)        any technical malfunction, error, omission, interruption, interference, communications line failure, deletion, defect, delay, virus, bug, tampering, theft or destruction or unauthorised access to the Site;

(e)        any injury or damage to any person’s computer related to accessing or downloading any materials from this Site; or

(f)         a failure or omission on the part of Palm Oasis Ventures to comply with its obligations under these Terms.

To the fullest extent permitted by law (and save as otherwise expressly set out in these Terms), Palm Oasis Ventures

(a)        does not make any representation, warranty or endorsement of any kind, whether express or implied, with respect to the information or material contained on the Site, or the accuracy, reliability or completeness thereof; and

(b)        expressly disclaim all representations and warranties, express or implied, with respect to the products advertised or otherwise featured on this Site.

To the fullest extent permitted by law (and save as otherwise expressly set out in these Terms), Palm Oasis Ventures assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, computer viruses, bugs, unauthorised intervention, fraud, technical failures, theft or destruction, or unauthorised access to or alteration of any information provided by a website user.

You hereby waive, release and hold harmless Palm Oasis Ventures its directors, employees, agents and representatives from and against any and all actions, claims, suits, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) that you may have or would have had in connection with, or arising out of, or incidental to, your access to or purchase from this Site and your use of any products advertised therein (save as otherwise expressly set out in these Terms).

Consumer protection laws such as the Australian Consumer Law imply certain guarantees into some contracts for the supply of goods or services and prohibits the exclusion, restriction and modification of such terms.  Nothing in these Terms excludes, modified or limits such statutory guarantees.  Save as otherwise expressly set out in these Terms, if Palm Oasis Ventures breaches any such statutory guarantees then its liability for the breach is, where permitted by law and at Palm Oasis Ventures election, limited to:

(a)        in the case of goods — the repair or replacement of the goods, or supply of equivalent goods, or payment of the cost of doing this; OR

(b)        in the case of services — the re-supply of the services or payment of the cost of doing this.

Indemnity

You indemnify Palm Oasis Ventures, its directors, employees, agents and representatives, from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered as a direct or indirect consequence of you using this Site and/or purchasing and using any product(s) advertised on the Site.

Termination of Site

Palm Oasis Ventures reserves the right to modify or suspend services on this Site, to discontinue or terminate any or all parts of the Site, to update, edit and remove contents of the Site, or to terminate your ability to purchase products from the Site at any time without notice.  In this event, the liability and indemnity provisions provided in these Terms will survive such termination, and all rights of Palm Oasis Ventures granted herein are otherwise reserved.

Governing law

These Terms shall be governed by and construed in accordance with of the laws of Queensland, Australia.  You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia, and the courts that may hear appeals from them.

If any provision of these Terms shall be unlawful, void or for any reasons unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Privacy

Please see our Privacy Policy (https://baskinrobbins.com.au/privacy-policy/) on this Site for details about how we store, handle and use any personal information that we collect.

Fundraising

• Palm Oasis Ventures Pty Ltd for Baskin-Robbins Australia has guaranteed a minimum donation value of $20,000.00 to be provided once the campaign is complete.
• Palm Oasis Ventures has developed 3 different donation mechanics to achieve the donation target.  
  • Donation mechanic #1: “Troll Your Treat”. $1 will be donated to Beyond Blue every time a guest buys a limited-edition Troll-themed product instore. Maximum donation value of $10,000.00. (17th September – 30th November 2020.)
  • Donation mechanic #2: “Troll A Friend”. Visitors to the campaign microsite can also donate by sending a friend a Troll-themed ice cream online. As part of the experience, their chosen recipient will receive an SMS and message of positivity from Trolls character Princess Poppy, along with details on how to redeem their ‘Free Trollified Treat Scoop’’. Again, $1 from every purchase will be donated to Beyond Blue.  (17th September – 15th November 2020.)
    • The first 20,000 valid participants will receive a ‘Free Trollified Treat Scoop’ voucher code via SMS which entitles each participant to 1 x ‘’Trollified Treat Scoop’’ in a cup or sugar cone in a flavour of their choice to be used through the Baskin-Robbins Rewards app at participating stores. 
    • ‘’Free Trollified Treat Scoop’’ voucher codes expire 30^th November 2020.
  • Donation mechanic #3: “Troll For Good”. To help spread positivity and encourage kindness on social media Baskin-Robbins will donate $1 to Beyond Blue every time someone tweets or posts a compliment to a friend on Twitter or Insta using the campaign hashtag #trollforgood. Maximum donation value of $10,000.00. (17th September – 9th October 2020.)
  • The first 1,000 valid participants will receive a ‘Free Scoop’ voucher code via SMS which entitles each participant to 1 x ‘’Free Scoop’’ in a cup or sugar cone in a flavour of their choice to be used through the Baskin-Robbins Rewards app at participating stores. 
  • ‘’Free Scoop’’ voucher codes expire 30th November 2020.

• A list of participating Baskin-Robbins Rewards app stores are located at https://baskinrobbins.com.au/home-delivery/. The promoter does not take responsibility if the code cannot to used due to technical issues with the app, the individual’s phone or in-store.
• The complimentary ‘Trollified Treat Scoop’’ and ‘Free Scoop’ voucher codes are non-transferable and cannot be exchanged or taken as cash.

Baskin-Robbins Rewards App Membership Program

• The Member is responsible for ensuring that their details on the Account are correct at all times. It is each Member’s responsibility to ensure that the correct number of Points has been added or deducted for each eligible transaction.

• Palm Oasis Ventures reserves the right to communicate with its Members, who have opted in to receive marketing material, to inform them of any upcoming marketing activities/promotions and/or offers.

• Information collected from Members at the time of joining the Program is subject to Palm Oasis Ventures Pty Ltd For Baskin-Robbins Australia’s Privacy Policy. Palm Oasis Ventures collects personal information from its Members in order to conduct the Program and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors and service providers. Palm Oasis Ventures may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity and research purposes including telephoning the Member or sending messages. Please see the Privacy Policy for further details.

• Palm Oasis Ventures decision in relation to all matters arising under the Program is final and binding, and no consequences will be entered. 

• Your Points, benefits, registered Baskin-Robins Rewards app Account are personal to you, and except as expressly permitted under these terms and conditions or the rules of a promotional program, may not be sold, transferred or assigned to, or shared with family, friends or others.

• Palm Oasis Ventures reserves the right to terminate your Account and/or your participation in the Program if Palm Oasis Ventures determines in its sole discretion that you have violated these terms and conditions or that the use of your Account is unauthorised, fraudulent or otherwise unlawful.

• Palm Oasis Ventures reserves the right to change or modify these terms and conditions at any time without prior notice. The Program, including any offer or promotion conducted under the Program, will continue until such time as it is terminated by Palm Oasis Ventures. Should the Program be suspended or cancelled at any time Palm Oasis Ventures will notify Members by email, the Baskin-Robbins Reward app Website or Baskin-Robbins Rewards mobile app. 

• These terms and conditions are to be read in conjunction with, and subject to, any additional terms and conditions governing any benefit, promotion, discount or offer operated by Palm Oasis Ventures. 

• To the extent permitted by law, Palm Oasis Ventures will not be liable for any damages, loss or claim that you may suffer or incur (including but not limited to consequential loss) because of your use of the Program. The Program including all benefits and rewards is provided as supplied without any warranties of any kind either expressed or implied. Palm Oasis Ventures disclaims all warranties of merchantability, non-infringement and fitness for a purpose or that the Program will be error-free or free from harmful code.

• To the extent permitted by law, Palm Oasis Ventures will not be liable for any compensatory or exemplary damages arising out of or in any way connected with the use of the Program including the Baskin-Robbins Rewards mobile app or inability to use the Program even if we have been advised of the possibility of damages. You release Palm Oasis Ventures, its officers, contractors, employees and agents against all loss, claims, costs, demands, damages and liabilities related to use or inability to use the Program. 

CONSUMER GAME OF SKILL COMPETITION (SIMPLE) SCHEDULE TO CONDITIONS OF ENTRY

1. The promoter is: Palm Oasis Ventures Pty Ltd for Baskin-Robbins Australia whose registered office is at Suite 1, Building 105, 2- 6 Leonardo Drive, Brisbane Airport, 4007 QLD
   
2. The competition is open to residents of Australia aged 15 years or over except employees of Baskin-Robbins and their close relatives and anyone otherwise connected with the organisation or judging of the competition.
   
3. Eligible Entrants aged under 18 years must obtain the consent of their parent or legal guardian to enter the Competition and, if required, provide Personal Information about themselves. Entrants who are under the age of 18 years and enter the Competition without disclosing (or attempting to conceal) their age (as and where required) and/or do not provide the required parental or guardian consent (as and where required) will be deemed invalid. These Conditions of Entry will bind the Eligible Entrants and any parent or legal guardian who gives their consent (for Eligible Entrants aged under 18 years). If any winner is aged under 18 years, the Prize will be awarded to the parent or legal guardian who consented to the winner entering the Competition, on behalf of the winner, at the sole discretion of the Promoter and that parent or legal guardian must accompany the Eligible Entrant for the duration of the Prize (if applicable).
   
4. There is no entry fee to enter this competition.
   
5. By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions and understands that their social media information and entry may be published across the Baskin-Robbins Australia social media channels.
   
6. Multiple entries are encouraged.
   
7. No responsibility can be accepted for entries not received for whatever reason.
   
8. This is a game of skill. Chance plays no part in determining the winner. Each entry will be individually judged, based upon individual creative merit. All entries must be an independent creation by the entrant and free of any claims that they infringe any third party rights. Entries must not have been published previously and/or have been used to win prizes in any other competitions. 
   
9. If the winner cannot be contacted or does not claim the prize within 7 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
   
10. Total weekly prize value: The total maximum weekly prize value is AUD $80 the value of each prize is accurate at the date of commencement of the Promotion and is based on the recommended retail price. 
    
11. The Promoter accepts no responsibility for any variation in the value of the prize(s).
    
12. The promoter does not take responsibility if the prizes are unable to reach the winner once posted.
    
13. The promoter will notify the winner when and where the prizes can be collected / is delivered.
    
14. The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
    
15. The winner agrees to the use of his/her name and entry in any publicity material. Any personal data relating to the winner or any other entrants will be used solely in accordance with current Australian data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
    
16. Entry into the competition will be deemed as acceptance of these terms and conditions.
    
17. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, Snapchat or any other Social Network. You are providing your information to Baskin-Robbins Australia and not to any other party. The information provided will be used in conjunction with the following Privacy Policy found at https://baskinrobbins.com.au/privacy-policy/

CONSUMER GAME OF SKILL COMPETITION (SIMPLE) SCHEDULE TO CONDITIONS OF ENTRY

1. The promoter is: Palm Oasis Ventures Pty Ltd for Baskin-Robbins Australia whose registered office is at Suite 1, Building 105, 2- 6 Leonardo Drive, Brisbane Airport, 4007 QLD
2. The competition is open to residents of Australia aged 15 years or over except employees of Baskin-Robbins and their close relatives and anyone otherwise connected with the organisation or judging of the competition.
3. Eligible Entrants aged under 18 years must obtain the consent of their parent or legal guardian to enter the Competition and, if required, provide Personal Information about themselves. Entrants who are under the age of 18 years and enter the Competition without disclosing (or attempting to conceal) their age (as and where required) and/or do not provide the required parental or guardian consent (as and where required) will be deemed invalid. These Conditions of Entry will bind the Eligible Entrants and any parent or legal guardian who gives their consent (for Eligible Entrants aged under 18 years). If any winner is aged under 18 years, the Prize will be awarded to the parent or legal guardian who consented to the winner entering the Competition, on behalf of the winner, at the sole discretion of the Promoter and that parent or legal guardian must accompany the Eligible Entrant for the duration of the Prize (if applicable).
4. There is no entry fee to enter this competition.
5. By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions and understands that their social media information and entry may be published across the Baskin-Robbins Australia social media channels.
6. Multiple entries are encouraged.
7. No responsibility can be accepted for entries not received for whatever reason.
8. This is a game of skill. Chance plays no part in determining the winner. Each entry will be individually judged, based upon individual creative merit. All entries must be an independent creation by the entrant and free of any claims that they infringe any third party rights. Entries must not have been published previously and/or have been used to win prizes in any other competitions. 
9. If the winner cannot be contacted or does not claim the prize within 7 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
10. Total weekly prize value: The total maximum weekly prize value is AUD $80 the value of each prize is accurate at the date of commencement of the Promotion and is based on the recommended retail price. 
11. The Promoter accepts no responsibility for any variation in the value of the prize(s).
12. The promoter does not take responsibility if the prizes are unable to reach the winner once posted.
13. The promoter will notify the winner when and where the prizes can be collected / is delivered.
14. The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
15. The winner agrees to the use of his/her name and entry in any publicity material. Any personal data relating to the winner or any other entrants will be used solely in accordance with current Australian data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
16. Entry into the competition will be deemed as acceptance of these terms and conditions.
17. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, Snapchat or any other Social Network. You are providing your information to Baskin-Robbins Australia and not to any other party. The information provided will be used in conjunction with the following Privacy Policy found at https://baskinrobbins.com.au/privacy-policy/