T&C

 

  1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  2. Entry is only open to Australian residents (excluding SA) aged 18 years or older.
  3. Directors of the Promoter and their immediate families 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.
  4. Promotion commences 25/07/18 and closes 11:59pm AEDST on 16/10/18 (“Promotional Period”).
  5. To enter, entrants must, during the Promotional Period, visit www.islandwholefoods.com.au and purchase a Raw Golden Chocolate Bar for $15 via the website. Once the purchase is confirmed and the entrant enters all requested details they will be automatically entered into the draw. The entrant will be issued a voucher for the Raw Golden Chocolate Bar which can only be redeemed in store at the Island Whole Foods Café, located at Shop 4/75 Chapel Street, Cowes VIC 3922. For clarity, residents of SA may purchase a Raw Golden Chocolate Bar however they will not be eligible for entry into the draw.
  6. The Promoter will donate $2 from every sale of a Raw Golden Chocolate Bar to its nominated charities, up to a maximum of $100,000 ($50,000 per charity). The Promoter will tally all sales at the end of the Promotional Period and donate the funds as a lump sum to each nominated charity.
  7. 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 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. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
  8. Multiple entries are permitted, subject to the following: (a) only (1) entry permitted per specified purchase requirement; and (b) each entry must be submitted in accordance with these Terms and Conditions.
  9. Entrants must retain their original or a copy of their purchase receipt as proof of purchase. Failure to produce the proof of purchase for their entry when requested may, in the absolute discretion of the Promoter, result in invalidation of an entrant’s entry and forfeiture of any right to a prize. Purchase receipt must clearly specify the store of purchase and that the purchase was made during the Promotional Period but prior to entry.
  10. 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.
  11. All entries received during the Promotional Period will be entered into a single draw. The draw will take place at SL Interactive, 1/22 Buchanan Road, Brooklyn VIC 3012 at 2:00pm AEDST on 17/10/18. The Promoter may draw additional reserve entries and record them in order, in case of an invalid entry or ineligible entrant.
  12. The winner will be contacted within two (2) business days via email and telephone and their name will be published on www.islandwholefoods.com.au from 18/10/18.
  13. The first valid entry drawn will win the Island Whole Foods Café business (“Business”) located at Shop 4/75 Chapel Street, Cowes VIC 3922, valued at up to AUD$187,439 (inclusive of all taxes and duties). For clarity, the value is comprised of the value of the Business calculated by the Promoter’s nominated licensed valuer, as well as all applicable taxes, duties, estimated maximum transfer and adjustment costs, fixtures and Business assets (including the goodwill, stock on hand, equipment, lease and furnishings of the Business).
  14. The Business will be provided to the winner free of any encumbrance. The Promoter will bear the cost of any official duties on assignment of the Business, any costs related to the transfer of the Business’ current premises’ lease, and all other government and transfer costs associated with assigning the Business to the winner.
  15. As a condition of accepting the Business, the winner must sign any legal documentation as and in the form required by the Promoter or their nominated agent in their absolute discretion, including but not limited to a Deed of Release and Indemnity, and all necessary documentation to give effect to the assignment of the Business.
  16. Winner acknowledges that the Business must be transferred no later than 29/10/18 in order to allow the winner to take advantage of the remaining lease of the Business’ premises and decide whether or not to renew the lease for a further term. The lease expires on 04/03/19 and there is an option to renew the lease for a further three (3) years subject to the winner providing notice by 09/12/18. Accordingly, winner must indicate their willingness to accept the Business by no later than 5pm AEDST on 24/10/18. If the winner does not provide indication by this time, they will have been taken to have forfeited the prize and an unclaimed prize draw will take place at the same location at the original draw at 5:30pm AEDST on 24/10/18, subject to the directions of any regulatory authority. Winner, if any, will be contacted within two (2) business days via email and telephone and their name will be published on www.islandwholefoods.com.au from 25/10/18.
  17. Subject to the provisions of clause 25 below, and to the extent permitted by law, the Promoter makes no warranty or representation with respect to the quality or nature of the Business or the Business’ assets, or the value of the Business.
  18. The Promoter makes no warranties as to the liability for ongoing stock, overheads, rent and other ongoing costs related to running the Business on and from the date the Business is assigned to the winner, which remain the responsibility of the winner moving forward from that date. For the avoidance of doubt, rent and body corporate fees will be paid up to 04/03/19 and council rates will be paid up to 31/12/18. Any further costs in relation to these items will be the responsibility of the winner.
  19. All legal costs and disbursements relating to the assignment of the Business will be paid by the Promoter, subject to any such costs being reasonable and the services being provided by qualified and reputable providers (as determined by the Promoter). The winner acknowledges that he/she is free to obtain independent legal advice, and that any independent legal advice that he or she elects to obtain will be obtained at his or her own expense.
  20. Total prize pool value is up to AUD$187,439. Prize is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
  21. The Promoter's decision is final and no correspondence will be entered into.
  22. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. 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.
  23. 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.
  24. 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 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, subject to any directions from a regulatory authority.
  25. 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”). 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.
  26. 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) the prize.
  27. The Promoter collects 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, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. Entrants should direct any request to access, update or correct information to the Promoter. All entries become the property of the Promoter. All entries become the property of the Promoter. The Promoter will not disclose PI to any entity outside of Australia.
  28. The Promoter is LKMC Pty Ltd, t/as Island Whole Foods, ABN 55 604 522 447 of Shop 4/75 Chapel Street, Cowes VIC 3922.

NSW Permit No. LTPS/18/26217 ACT Permit TP/18/1460 

 

Prize

Equipment:

Communial Table
Display Fridge
Dishwasher
Cash Register
Crockery/cutlery/glasses
Taylors Soft Serve Machine Double Barrel
Storage - containers & Jars
Alps water filter
Thermomix
Thermomix
Thermomix Bowl x 3
La marzocco linear 3 group
Coffee Machine Accessories
Coffee Grinder
Milk Fridge
Commercial Toaster
Anvil Stainless Steel Underbar Fridge
Anvil Induction Cooker
Apura Countertop Griddle
Skope Single Glass Door Fridge
Custom S/Steel Bench
Custom S/Steel Bench stainless flat undershelf
Skope Under Counter Glass Door Fridge
Dynamic Power Stick Mixer
Polar Counter Top Bullet Ice Maker
Food processor
2 x Hamilton Beach Eclipse plus 2 jugs
Aircondition Unit
Freezer Top loading
Treats Fridge
2 x Freezer Stainless Steel
Freezer White Drawers
Café Chairs & Stools
Tables black
Oven
Woodenboards
Brackets and Shelving kitchen
Beacon Lighting - pendant lights
White Shelves Bookcase
Plants and hangings
Brooms, mops, buckets, bins
Umbrellas outside
Ipad
POS - register
Kitchen Equipment - bowls, utensils, frypans, pots
Stainless steel outlet for dishwasher
Speakers
Rubber safety Mats

 

Fit-out costs:

Concrete bench
Display cabinetary
Bench Seat -outside
Bench Seats - inside
Retail Shelving
Wooden Counter
Ply Benchtops
Sinks
Taps
Electrical
Planter Box Outside
Deck outside
Kitchen Reno October 2016