Terms & Conditions

These terms and conditions apply to your access to, and participation in the San Churro  membership program El Social (Program) which is operated by Venga Pty Ltd (San Churro). For the avoidance of doubt, these terms and conditions apply to both the El Social membership (El Social membership) and the El Social mobile application (El Social mobile app). By providing your details and verifying your mobile phone number and/or using the El Social membership and/or by downloading and/or using the El Social mobile app, you agree to these terms and conditions and to any changes or modifications made to them from time to time.

1. El Social membership program overview

1.1 El Social Membership is only open to individuals eighteen (18) years of age and over and have a valid email address and mobile phone number. Those under the age of eighteen (18) are eligible to participate in El Social provided they are over the age of thirteen (13) and must have a parent or guardian’s consent prior to registering for an El Social membership. The parent and or guardian must also read and agree to these terms and conditions. San Churro reserves the right to request the parent or guardian to confirm consent of the individual’s participation at any time.

1.2 Existing El Social members will have their accounts transferred to the new program and have access to the new benefits. Existing members will need to reset their password on the El Social website or mobile application to access the new program. Existing members under the age of eighteen (18) will be required to confirm they have their parent or guardian’s consent and have their parent or guardian review and consent to the terms and conditions. San Churro reserves the right to request the parent or guardian to confirm consent of the individual’s participation at any time. 

1.3 Individuals can become El Social members (Members) by either collecting an El Social membership card from a San Churro store, registering their details on the El Social website www.sanchurro.com/elsocial and then activating their El Social membership card or by downloading the El Social mobile app and following the prompts to register and activate the app. Only a verified member can redeem El Social Loyalty Points (Points). To become a verified member, you must verify your mobile phone number by clicking on the SMS sent to you. Once the member has been verified, an El Social account (Account) will be created for the Member.

1.4 Members who initially become a Member by obtaining an El Social membership card from a participating San Churro store and then registering and activating the card, will also be able to activate the El Social mobile app and associate their El Social membership card during the registration process. Members can then use either the virtual card on the El Social mobile app or the physical El Social membership card when making purchases to accrue or redeem Points.

1.5 There is a strict limit of one Account per person. Each Account requires an independent email address and mobile phone number that needs to be verified. A Member’s Account may only be used by the verified Member. Multiple individuals cannot share one Member’s Points.

1.6 Please read the Privacy Policy carefully to understand how San Churro collects, uses and discloses information about its customers and Members.

2. Collection of points and redemption 

2.1 Points can only be earned at the time of purchase either in a San Churro store or the San Churro Online Ordering Platform,  provided that the El Social membership card or El Social mobile app barcode associated with a verified Account is scanned at the time of purchase in-store or the member is logged into their account when ordering online.

2.2 Members cannot claim Points from past transactions or receipts.

2.3 Points are earned as follows: 

• For every $1 you spend at a San Churro store or San Churro Online Ordering Platform on menu items, you will earn 10 Points. 
• For every $1 you spend at a San Churro store or San Churro Online Ordering Platform on retail items, you will earn 10 points.
• For example, a $10 purchase will result in 100 Points on your receipt.

2.3.1 Existing and active El Social members who had been accruing Hot Drink purchases whilst a member of the previous loyalty program will be awarded 100 new loyalty points for each of the Hot Drink purchases that were accumulated on their accounts and were not redeemed for a free hot drink. The new loyalty points on the membership can now be redeemed for any menu or retail item.
(E.g. If you had previously purchased 6 hot drinks that were earnt as part of the previous loyalty program you will now receive 600 points on the new El Social program)

2.4 Points can be redeemed as follows

• To redeem a menu item a member will require x10 points of the earnt points for that menu item (e.g. a $10 menu item will earn 100 points and to redeem that item they will require 1000 loyalty points)
• To redeem a retail item a member will require x15 points of the earnt points for the retail item (e.g. a $10 retail item will earn 100 points and to redeem that item they will require 1500 loyalty points)

2.4.1 San Churro in its absolute discretion may change the points value for earning and redeeming and will provide notice of this via the El Social website, email and in the San Churro stores. 

2.5 Points and rewards under the Program cannot be exchanged for cash and are not transferable or refundable. Points accrued in multiple Accounts cannot be combined.

2.5.1 Points on an Account will expire after 18 months if the El Social membership becomes inactive and the Member has not been earning or redeeming points in that period. 

2.5.2 There is no limit on how many points a Member can earn and San Churro has the right to disqualify a membership or remove points if they identify anything suspicious or fraudulent.

2.6 Points cannot be used to discount the price of a menu item.

2.7 Points can be earned on some discounted items, however, cannot be earned in conjunction with national promotions or discounts (e.g. Buy One Get One Free, Free Churros, XX% off etc.)

2.8 Members can check their Points balance at any time through the El Social mobile app, by logging into their Account on the El Social website www.sanchurro.com/elsocial or by asking a member of staff in a San Churro store.

2.9 When redeeming Points at a San Churro store, Members are required to have sufficient Points to redeem against the full value of the menu item using Points alone. El Social membership benefits and discounts are available and Points can be redeemed by presenting a valid El Social membership card or by scanning the El Social mobile app associated with a verified Account at the time of purchase.

2.9.1 El Social memberships must be registered and verified to redeem their birthday churros offers (FREE* Birthday Churros for Two or $20* Churros Fiesta). 

3.  Birthday Churros Offers

3.1 Verified Members (as defined in point 1.3 of the el Social Membership Program Overview) are entitled to one (1) complimentary ‘Birthday Churros for Two’  and a ‘Churros Fiesta’ for $20 during the month of their birthday but not to be redeemed in the same transaction.

3.2 Verified Members must have made a full-price purchase in-store or online and scanned their el SOCIAL membership card or mobile app within 12 months prior to the start of their birthday month to be eligible. Refer to 3.5, for more info.

For example, if the Member’s birthday is on the 21st March and they qualify for the offer, they must have made a full-price purchase and scanned their el SOCIAL membership card or mobile app between March the previous year and February before their birthday month in order to be eligible for their birthday churros offers.

3.3 Verified Members will receive their Birthday Churros Offer in the ‘offers’ section in the el Social mobile app. An email will be sent on the 1st day of the Member’s birthday month to remind them that they have qualified for the offer. The offer must be redeemed within the month of their birthday. 

For example, if the Member’s birthday is on the 21st March and they qualify for the offer, they will be sent the email on the 1st of March and will have until the 31st of March to redeem the offer.

3.4 The offer barcode in the el Social membership app plus photo identification must be presented at the time of redemption to confirm identity and birth date registered on an Account. This offer cannot be redeemed outside of the above period, regardless of circumstances beyond the Members’ control, including but not limited to San Churro closure, public holidays etc.

3.5 If an existing el Social member has not made a purchase in the previous 12 months, they will receive an email on the 1st day of their birthday month with details on how to qualify for their birthday churros offers. To qualify for the birthday churros offers the el Social member is required to make a purchase with a minimum spend of $5 at the time of redeeming each birthday churros offer. This will also be made available on the el Social app. All other conditions apply.

3.6 The el Social birthday churros offers are non-transferable and cannot be exchanged or taken as cash. San Churro takes no responsibility for incorrect dates being entered during the registration process. Members can update their date of birth if necessary by emailing elsocial@sanchurro.com.

3.7 For the avoidance of doubt, a new member who joins the el Social Program in the month of their birthday will not be eligible to receive their birthday churros offers. They will, however, be eligible the following year if they become a verified member and have made a full-price purchase within the previous 12 months.

4. Sign Up to el SOCIAL for a FREE* Churros for One (with min. $5 purchase in-store)

4.1 Offer valid for new el SOCIAL members only. New members can sign up here. Accounts must be verified by SMS using a valid mobile number provided at signup. Verified members will automatically have the offer loaded to their el SOCIAL app account.​

4.2 Free Churros for One offer only valid for redemption in-store. To redeem, a customer must visit their local San Churro store and make a minimum $5 purchase in the same transaction. One offer redemption per new verified el SOCIAL member only. Offer must be redeemed within 14 days once membership has been verified. Extras and modifications at additional cost. Not valid with any other offer. No el SOCIAL loyalty points awarded on free item. Not exchangeable for cash or other items.

5. Lost, stolen or damaged cards

5.1 San Churro accepts no responsibility for the loss, theft or destruction of your El Social membership card.

5.2 Upon request, Points from a lost/stolen card can be transferred to the new card. To transfer the Points, Members must provide San Churro with their previous membership number. While San Churro will make every effort to ensure that the full Points balance is transferred to the new card, San Churro will not be responsible for any Points lost prior to the transfer.

6. El Social Membership Details

6.1 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.

6.2 San Churro 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.

6.3 Information collected from Members at the time of joining the Program is subject to San Churro’s Privacy Policy. San Churro 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. San Churro 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.

6.4 San Churro may update your El Social Account with the most recent delivery email address and mobile number you provide on the San Churro Online Ordering Platform. Please contact elsocial@sanchurro.com if you do not want your El Social Account to be updated with the most recent delivery email address and mobile number. 

6.5 San Churro’s decision in relation to all matters arising under the Program is final and binding, and no consequences will be entered. 

7. General

7.1 Reproduction of an El Social membership card in any form is strictly prohibited. Your Points, benefits, registered El Social membership card and your 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.

7.2 San Churro reserves the right to terminate your Account and/or your participation in the Program if San Churro 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.

7.3 San Churro 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 San Churro. Should the Program be suspended or cancelled at any time San Churro will notify Members by email, the El Social Website or El Social mobile app. 

7.4 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 San Churro. 

7.5 To the extent permitted by law, San Churro 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. San Churro 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.

7.6 To the extent permitted by law, San Churro 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 El Social mobile app or inability to use the Program even if we have been advised of the possibility of damages. You release San Churro, its officers, contractors, employees and agents against all loss, claims, costs, demands, damages and liabilities related to use or inability to use the Program. 

7.7 The laws of Victoria, Australia apply to the Program and in the event of any dispute or claim associated with the terms and conditions, that dispute or claim will be subject to the exclusive jurisdiction of the court of Victoria, Australia. 

Disclaimer:

San Churro has used its reasonable efforts to provide current, complete and error-free information, but makes no representations nor gives any warranty as to the currency, completeness, accuracy or correctness of any of the information contained herein.

The terms and conditions set out below apply to all San Churro Gift Cards issued by Venga Pty Ltd trading as Chocolateria San Churro, ABN 48 111 298 830 (San Churro) and purchased by you (Customer) via the San Churro Gift Card Website at sanchurrro.com/gift-cards and/or a San Churro Store. 

By accessing, placing an order on the Gift Card Platform or purchasing a Gift Card directly from a San Churro store and using the Gift Card you agree to these terms and conditions. 

1. Definitions 

The following apply to these Gift Card Terms and Conditions:

“Business Day” means a weekday on which trading banks are open for the transaction of banking in Melbourne, Victoria.

“Delivery Address” means the address to which the Gift Cards are to be delivered as stated on the Order.

“Gift Card” means the San Churro Gift Card that you have purchased or received. 

“Order” means an order by you to purchase Gift Cards from the San Churro Gift Cards Platform.

“Personal Information” includes, but is not limited to your name, Delivery Address and payment details.

2. Price of Gift Cards and payment

All prices quoted are in Australian Dollars. GST does not apply on Gift Card purchases. 

Variation

San Churro reserves the right to change or alter prices of goods on the San Churro website without prior notice. The price applicable shall be the price stated on the San Churro website at the time of your payment being received.

Method of Payment

Payment can be made using your MasterCard and Visa. San Churro does not accept cheque, cash or Gift Card payments for the purchase of Gift Cards. Payment must be cleared before the Order is fulfilled.

Maximum Order

You may only purchase one eGift Card per Order on the San Churro Gift Card Platform. 

3. Delivery

Gift Cards purchased in a San Churro Store 

A San Churro Store staff can assist you with purchasing a Gift Card in-store. Simply nominate a value you wish to be loaded to the Gift Card and pay for the value as set out above. The transaction will be completed when the Gift Card is activated and loaded with value. 

eGift Card purchased online

eGift Cards can take up to 24 hours to be delivered to your nominated email address.  

If the Gift Card is purchased as a gift via the San Churro Gift Card Platform, please select “This is a gift” on the Gift Card Platform and complete the Gift Card Recipient’s details along with a message. You have the option of choosing when the Gift Card Recipient will receive the Gift Card. 

4. Order Cancellations

Once submitted via the San Churro Gift Card Platform, Orders cannot be cancelled unless required by law.

San Churro reserves the right to cancel an Order if it is deemed by San Churro to be fraudulent or possibly fraudulent.

5. Refunds & Returns

Gift Cards cannot be exchanged for another denomination of Gift Card or for tender (i.e. cash). Gift Cards cannot be refunded or returned, unless required by law. 

San Churro is not responsible for and is unable to replace Gift Cards that are lost or stolen.

If you believe the Gift Card has been tampered with prior to receipt, you must contact San Churro Support Office immediately on (03) 8415 5800 or email giftcards@sanchurro.com.

6. Gift Cards/eGift Cards

A minimum of $20 and a maximum of $200 can be loaded onto each Gift Card and/or eGift Card. We may change the minimum and maximum amounts that can be loaded onto a Gift Card and/or eGift Card at our sole discretion at any time and without prior notice to you. Gift Cards and eGift Cards cannot be reloaded or recharged with additional value. Your Gift Card and/or eGift Card will be valid for use for three years from the date of issue (or as otherwise extended by us) after such time it will be invalid. You should use all of the Gift Card and/or eGift Card value before the expiry date. After the expiry date unused value will become the property of San Churro. 

7. Using the Gift Card and or eGift Card  

Present your Gift Card and/or eGift Card at the point of sale at any San Churro Store, the San Churro Online Ordering Platform and/or the El Social mobile application with the product that you wish to purchase using that Gift Card. 

If presenting the Gift Card in a San Churro Store our store staff will swipe or scan your Gift Card in the pin pad and then enter the access code into the pin pad. The transaction will be completed when the balance has reduced on your Gift Card.

No change will be given for any value remaining on the Gift Card. The remaining value on the Gift Card may be used in whole or part against future purchases until the Gift Card expires.

Your Gift Card may only be used to make purchases up to the initial Gift Card value or the value of the Gift Card balance. If you wish to make a purchase for an amount that exceeds the Gift Card balance, you must pay the excess using another payment method.

Gift Cards cannot be used to pay for orders on third party food delivery platforms. Gift Cards can only be used for purchases directly with San Churro.

8. Changes to the Gift Card Terms and Conditions 

We reserve the right to change any of the terms contained in these Gift Card Terms and Conditions at any time where the change is required for any reason and agree to provide you with at least 30 days’ notice of such changes. We will give you notice by posting the changes on sanchurro.com/gift-cards. If you write to San Churro within the notice period and do not accept the changes we may cancel your Gift Card and refund any balance of the Gift Card value to you.

9. Privacy and Security

Personal information collected will be used for the purpose of processing the Order, and may be shared with a third party delivery agent for the purposes of delivering your Order. For further information regarding San Churro’s Privacy Policy, please visit sanchurro.com/privacy-policy

10. Promotions and Discounts

San Churro at its discretion, may honour promotions, discounts or offers currently available in-store which may be applicable to the purchase of Gift Cards.

11. Website Terms

For further details regarding San Churro’s website terms please see below.

12. Applicable Laws

These Terms and Conditions are to be construed and enforced in accordance with the laws of Victoria, Australia. Any disputes in connection with a Gift Card is exclusively subject to the jurisdiction of the courts of Victoria, Australia.

13. Need more information?

Head over to the frequently asked questions section of the San Churro Website or email us at giftcards@sanchurro.com 

The terms and conditions set out below apply to orders submitted for San Churro’s Products via the Online Ordering Platform at sanchurro.com/delivery or el SOCIAL mobile application (el SOCIAL App). The Online Ordering Platform and el SOCIAL App is operated by Venga Pty Ltd ACN 111 298 830 (San Churro). 

Access to the Online Ordering Platform 

1. By accessing and placing an order on the Online Ordering Platform or the el SOCIAL App you agree to the terms and conditions of our website. 

2. The Online Ordering Platform and the el SOCIAL App is only open to orders made on a direct to customer basis. Orders are only accepted on the condition that the person who places the order has placed it for private consumption and must collect or receive the Order in person. You must not resell or resupply any products ordered via the Online Ordering Platform and/or the el SOCIALApp.

3. We may refuse, without any refund, any order submitted via the Online Ordering Platform and/or the el SOCIAL App which we believe has been submitted by a third party delivery business.

4. You can browse the Online Ordering Platform and/or the el SOCIAL App and submit an order as an existing el SOCIAL member or create a new el SOCIAL account by clicking on the registration link.

5. If another person uses your el SOCIAL account, you will be responsible to pay for any products they order, and we are not responsible for any losses you suffer, unless the person using your account obtained access because we did not keep your password secure.

Placing Orders

6. To place an order on the Online Ordering Platform or the el SOCIAL App  you will be required to:

• select the San Churro store where you would like to order from (Nominated San Churro Store). Please ensure that you have selected the correct San Churro Store as this cannot be changed once the order than been submitted;
• select the products you wish to order (Order); 
• select your preferred method of collection – delivery or pick up; 
• insert your estimated collection or delivery time for the Order
• provide your payment information, and
• provide any other details we require to finalise your Order

7. Please note the minimum order value for delivery Orders is $15. 

8. Please check and ensure all information entered on the Online Ordering Platform and/or the el SOCIAL App is correct before submitting your Order, as we are unable to correct any errors once we have commenced processing your Order.

9. San Churro accepts no liability or responsibility for incorrectly placed Orders. Nor do we accept liability or responsibility for delivery details which are incorrectly supplied, or which you fail to supply. 

Selecting a Pick-Up or Delivery Time

10. When placing an Order for later in the day, you will be asked to choose a pick-up or delivery time, which is an estimated time for collection or delivery of your Order from the Nominated San Churro Store.

11. If you select the ‘Order Now’ option, we will let you know when the earliest possible time we can have your Order ready for collection or delivered to your address and ask you to confirm that time. 

12. The pick-up or delivery time must be on the same day the Order is submitted and must be within the opening hours of the Nominated San Churro Store.

13. Please only submit a pick-up Order if you intend to collect the Order at the pick-up time, as we will prepare Orders in anticipation of your arrival at the pick-up time.

Prices and Payment 

14. The prices published on the Online Ordering Platform will apply to the ordered products. All prices stated on the Online Ordering Platform are inclusive of GST and will differ to dine-in prices.

15. You will be notified of any applicable service fees, delivery fees and taxes prior to submitting your Order on the checkout page on the Online Ordering Platform or el SOCIAL App, which may be subject to change, for the provision of our services.

16. San Churro may operate dynamic pricing some of the time, which means that prices of items and delivery may change.

17. We reserve the right to refuse an order or alter the agreed price if an incorrect price was given due to software malfunction or interference with the Online Ordering Platform.

18. You must pay for the ordered products at the time of submitting your Order using the approved payment methods. Approved payment methods include credit cards and/or San Churro gift cards. The payment will be processed by us immediately and will be debited from your account in the timeframe set by your card or account provider.

19. The Online Ordering Platform may allow you to apply certain available discounts or promotions to Orders submitted via the Online Ordering Platform or el SOCIAL App. If you want to take advantage of one of our discounts or promotions which is not able to be claimed via our Online Ordering Platform or el SOCIAL App, please call one of our San Churro Stores directly to place a telephone order.

20. San Churro will sometimes make special offers available through the San Churro Website and el SOCIAL App. Unless the offer terms state a fixed or minimum period for which an offer will be available, it can be withdrawn at any time, unless you have already placed an order based on the offer and we have sent the order confirmation email.

21. If we cannot authorise your payment we will notify you of this and your Order will not be fulfilled.

22. We have engaged a third-party payment provider (Stripe) to securely process credit and debit card payments. We do not store any payment details for account holders and will not have direct access to your payment information.

23. You will be responsible for any associated costs or charges that may be incurred through the payment platform or your card provider by using the Online Ordering Platform.

24. If you are an el SOCIAL member you may also use your loyalty points to pay for products within your Order. You must have the required level of points required for the menu item to be rewarded and must select ‘Pay by Point’ at the time of completing your Order.

25. The full order value can be split between el SOCIAL loyalty points and other payment types, but el SOCIAL loyalty points cannot be used to pay for any service or delivery fees. 

Changes and Cancellation of Order 

26. In the event, we are unable to fulfil your Order due to unforeseen circumstances, or if one of the products is no longer available, we may contact you to cancel or vary your Order.

27. We will endeavour to contact you before the pick-up or delivery time, otherwise, we will do our best to resolve the issue when you arrive at the Nominated San Churro Store (if the Order is being collected). In such a case we will determine whether it is appropriate to:

• replace the unavailable product with another product of a similar value;
• Provide a partial refund of the price of the unavailable product;
• Cancel the entire Order and provide a full refund; or
• Provide another form of compensation that we deem appropriate.

28. Any refunds will be handled by San Churro as set out below and in San Churro’s Refunds and Returns Policy.

29. You may change or cancel your Order if you contact the Nominated San Churro Store immediately after you have submitted the Order on the Online Ordering Platform or the el SOCIAL App. This will only be permissible if the payment has not been processed. Please note San Churro accepts no liability or responsibility for incorrectly placed Orders. Nor do we accept liability or responsibility for delivery details which are incorrectly supplied, or which you fail to supply. 

30. No changes or cancellations will be accepted after the Order has been submitted and payment processed. No refunds will be provided if you attempt to change or cancel your Order after submitting the Order and payment has been processed.

31. If we allow you to cancel or change your order, we will determine whether you are eligible for a refund as set out below.  

Collecting Your Order 

32. You have chosen to collect your Order you must collect your Order from the Nominated San Churro Store at or around the pick-up time agreed to at the time of submitting your order.

33. Please make yourself known to a San Churro Store member on arrival and present your Order confirmation and/or proof of identity.

34. We will endeavour to have your Order ready for collection at the pick-up time.

35. If you arrive after your pick up time we will endeavour to maintain the quality of the products ordered but a time delay may result in the ordered products not living up to the usual standards of quality and freshness. 

Delivery of your Order 

36. When you place an Order you will have the choice to place it as an ASAP Delivery or a Scheduled Delivery.

37. Each San Churro Store has a prescribed delivery area. The delivery area may change at any time due to a number of factors including weather, or demand on our service. This is to ensure that your Order reaches your door at their best.

38. San Churro Stores will have different operating hours. That means that the availability of our service, and the range of times which you can order, depends on the store which you want to order from. If you try to order a delivery to a location outside the delivery area or operating hours or the Online Ordering Platform and/or el SOCIAL App is otherwise unavailable for any reason, we will notify you that ordering will not be possible.

39. For an ASAP Delivery, we will tell you an estimated delivery time for your Order before you place the Order, but we will attempt delivery as soon as possible; you must, therefore, be available to accept delivery from the time you submit the Order.

40. For a Scheduled Delivery, we will tell you the time when the Order is expected to be delivered; you must be available to accept delivery for ten minutes before and ten minutes after that time.

41. The delivery of your Order will be fulfilled via DoorDash Drivers and/or San Churro drivers if the delivery address provided is in select areas of Victoria and New South Wales. If the delivery address is in other states of Australia the delivery will be fulfilled by San Churro drivers. This may change from time to time.

42. You will be notified and able to track your delivery collection by the driver and their status via a SMS notification. In Victoria and New South Wales these notifications will be sent from DoorDash and in other states from San Churro.

43. Unfortunately, despite our best efforts, things do not always go to plan and factors such as traffic and weather conditions may prevent us from delivering your Item on time. If your order is more than 15 minutes late, and we haven’t notified you giving you the option to cancel your order, we will work with you to make things right unless you have caused the delay (e.g. because you gave us the wrong address or did not come to the door).

44. We will attempt delivery at the address you provide to us when you submit your Order. If you need to change the delivery location after you have submitted your Order, we may be able to change the address to an alternative one if you let us know before the driver has been dispatched, and the new address is within the same zone as the address you originally ordered your products to.

45. If we cannot change the delivery address, you have the option to cancel the Order, but if food preparation has started you will be charged the full price for the product and if the driver has been despatched you will also be charged for delivery.

46. You will still be charged for the Order and for delivery in the event of a failed delivery if you have caused such failure for any reason. Reasons you might cause a delivery to fail include (but are not limited to):  You do not come to the door, did not pick up the phone when the driver contacted you using the contact information you have provided us and/or you picked up the phone but then failed to provide access within a reasonable amount of time, and the driver is unable to find a safe location to leave the Order. 

Refund Policy

47. If you are not satisfied with your San Churro experience please contact drive-support@doordash.com within 48 hours of the pick-up or delivery time. We will review your request and get back to you as soon as possible with our response.

48. If you receive an Order with incorrect items please contact the Nominated San Churro Store as soon as possible and the Nominated San Churro Store will endeavour to rectify the order and/or provide a refund. Any decision to grant a refund will be at our discretion (subject to our legal obligations) but we will always endeavour to address any complaints to your satisfaction.

49. San Churro or the Nominated San Churro Store will process any approved refunds within two (2) business days of approval. 

Franchisees

50. Where the Nominated San Churro Store is a franchised store, San Churro accepts the Order and processes your payment as an agent of the relevant franchisee.

51. The franchisee will be responsible for supplying the ordered product and we accept no liability and make no warranties or representations regarding the goods or services provided by the franchisee

Disclaimers 
52. We do our best to ensure that product names, descriptions, prices, nutritional information and allergenic warnings are accurate, but accept no liability if any of the details published on the Online Ordering Platform are incorrect.

53. To the extent permitted by law, we exclude all liability for any loss or damage you sustain as a result of your use of the Online Ordering Platform or consuming ordered products, except to the extent caused by our wilful acts or omissions.

54. The Online Ordering Platform terms and conditions will apply to the extent permitted by law and none of these terms will be construed as excluding, qualifying or limiting your statutory rights or remedies.

Privacy Policy  

55. When you submit an Order via the Online Ordering Platform and/or the el SOCIAL App you will be required to provide us with your personal information, including your full name, your email address, your mobile phone number and your payment information. 

56. By placing an order using the Online Ordering Platform and/or the el SOCIAL App you acknowledge and agree to our terms and conditions and Privacy Policy and consent to us collecting and using your information in accordance with the Privacy Policy.

57. San Churro may update your el SOCIAL account with the most recent delivery email address and mobile number you provide on the Online Ordering Platform and/or the el SOCIAL App. Please contact elsocial@sanchurro.com if you do not want your el SOCIAL account to be updated with the most recent delivery email address and mobile number. 

Online Ordering Platform 

58. Use of the Online Ordering Platform and/or the el SOCIAL App may be subject to limitations.

59. Access to the Online Ordering Platform and/or the el SOCIAL App may be suspended without prior notice.

60. We may suspend your access to your el SOCIAL account, or close it permanently if we believe that your el SOCIAL account has been used by someone else. We may also close your el SOCIAL account if in our opinion you are abusing the Online Ordering Platform and/or the el SOCIAL App.

Governing Law

61. Access to the San Churro website, the Online Ordering Platform, the el SOCIAL App and these terms and conditions are governed by the laws of the State of Victoria.  

Terms and Condition Modification 

62. We may revise these Terms and Conditions for San Churro’s Online Ordering Platform from time to time. Any updated version of these terms and conditions will be posted on this website. 

San Churro will happily assist customers who wish to return or exchange goods purchased from any of our stores across Australia.

Non-faulty Goods:
If the retail item is non-faulty, you may choose a refund or exchange of the item provided that:

• you have returned the item within 14 days from the date of purchase;
• you produce satisfactory proof of purchase; and
• the item is unused, in its original packaging, in saleable condition and well within the expiry date.

San Churro reserves the right to assess the condition and age of the goods.

Proof of Purchase:
Please note that all refund or exchange requests must be accompanied by satisfactory proof of purchase documents (i.e. your original receipt).

If you are unable to provide satisfactory proof of purchase, San Churro may, at its absolute discretion, provide you with an exchange to the current value of the merchandise provided that:

• the item is unused, in its original packaging, in saleable condition and well within the expiry date;
• we can verify that the item was originally purchased from San Churro; and
• satisfactory identification is presented at the time of the return.

Faulty Goods:
You can choose a refund or exchange of a retail item if that item is faulty.

Alternatively, you can choose to keep the faulty item and we will compensate you for any drop in value.

All refunds will be provided back in the original tender. Credit card or debit card refunds must be processed back onto the original card.

Note: The original card must be present to gain a refund.

Promotion:

The information provided by entrants will only be used in the ways outlined in these Terms and Conditions. Any questions, comments or complaints regarding the promotion must be directed to marketing@sanchurro.com.

Promoter:

Venga Pty Ltd ABN 48 111 298 830 (San Churro) Suite 1, Level 1, 281 Brunswick Street, Fitzroy, VIC 3065, Australia.

Promotional Period:

The promotion runs from 1st January 2022 and closes 31st December 2022 (the Promotional Period). Any entry received after the promotional period will be deemed invalid. No responsibility is accepted for late, lost, delayed or misdirected entries.

Eligible entrants:

Entry to the promotion is opened to residents in Australia only. An entrant must be an individual and not a company or organisation. An entrant must be aged 13 or over. Permission from a parent or guardian is required prior to entering the promotion if the entrant is under 18 years of age.

Each entry must be entered in accordance with these Terms and Conditions. By entering the promotion, each entrant agrees to be bound by these Terms and Conditions. San Churro may in its absolute discretion refuse to award any prize to any entrant who fails to comply with these Terms and Conditions.

To be eligible, entrants must have submitted feedback about their experience via feedback.sanchurro.com and provided a valid email address.

Prize Conditions:

Draw:

• A winner will be physically drawn at random each month from all entries received during that month.
• Each monthly winner will receive a $50 San Churro eGift Card valid for 36 months.
• This is a game of chance. The draw will take place at Suite 1, Level 1, 281 Brunswick Street, Fitzroy, VIC 3065, Australia at the start of each new month.
• Winners will be notified via email at the end of each month’s draw.
• Winners will be notified via email within five (5) business days.
• It is the sole responsibility of entrants to check their email to see if they are a winner in order to claim their prize.
• Winners will have 14 days from notification that they are a winner to claim their prize. If the prize is unclaimed or the winning entrant is unable to satisfy these Terms and Conditions within 14 days of notification the prize will be forfeited. There will be no second chance prize draw.
• All reasonable attempts will be made to contact the winner.

Prizes:

• Total prize pool is AUD $600
• Prizes consist of 12x $50 San Churro eGift Cards
• All prizes will be sent electronically via Instagram direct messaging or email.
• San Churro eGift Cards are valid for 36 months and are redeemable at any San Churro store Australia-wide for menu or retail items.
• The prizes are not transferable for cash and no substitutions are allowed.
• Any unclaimed prizes will be forfeited. There will be no second chance draws.
• San Churro accepts no responsibility for any variation in the prize value from day to day during the promotion period. Prizes or any unused portion of a prize are not transferable or exchangeable and cannot be taken as cash.

Entry Conditions:

By submitting the entrant’s entry to San Churro, the entrant grants San Churro and its licensees and assignees exclusive rights in the entrant’s entry and all other material provided by the entrant to San Churro pursuant to this promotion at any time.

The entrant agrees that San Churro may use the entrant’s entry and any personal details provided to San Churro for any promotional, marketing and publicity purposes in any media without notice and without any fee being paid to the entrant, subject to any privacy laws.

San Churro reserves the right to vary these conditions at any time. San Churro does not assume any liability for loss or damages caused in taking out this prize.

In the event that a prize, or an element of a prize, is/are not available for any reason, San Churro reserves the right to substitute prizes in its discretion to equal or greater recommended retail value, subject to state law.

San Churro is not liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for personal injury which is suffered or sustained, as a result of participating in this promotion or accepting any of the prizes, except for any liability which cannot be excluded by law.

San Churro is not responsible for any incorrect or inaccurate information, or for any of the equipment or programming associated with or utilised in this Competition, or for any technical error that may occur in the course of the administration of this Competition. San Churro assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to or alteration of entries.

San Churro takes no responsibility for prizes damaged or lost in transit. Once prizes have left San Churro’s premises, San Churro will not be responsible for any delay in delivery, or failure of safe delivery of prizes.

If for any reason this promotion is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of San Churro, which corrupt or affect the administration security, fairness or integrity or proper conduct of this promotion, San Churro reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the promotion and invalidate any affected entries, or suspend or modify a prize, subject to State or Territory regulation.

In the case of the intervention of any outside agent or event which naturally changes the result or prevents or hinders its determination, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strikes; San Churro may in its absolute discretion cancel the promotion and recommence it from the start on the same conditions.

Entrants consent to San Churro using the entrant’s name, likeness, image, voice and/or answer (including photograph, film and/or recording of the same) in any media for an unlimited period of time without remuneration for the purpose of promoting this Competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by San Churro.

San Churro reserves the right to request winners to provide proof of age, identity and residency. Identification considered suitable for verification is at the discretion of San Churro. If there is a dispute as to the identity of an entrant, San Churro reserves the right, in its sole discretion, to determine the identity of the entrant.

The Promoter collects personal information about entrants to include entrants in the promotion and where appropriate, award prizes. If any information requested by the Promoter is not provided, the entrant may not participate in the promotion. By entering the promotion, each entrant agrees that the Promoter may disclose entrants’ personal information to State and Territory lottery departments and that the winner’s name and locality will be published as required under the relevant lottery legislation. A request to access, update or correct any personal information should be directed to the Promoter at the address stated.

Past Monthly Winners:

• DECEMBER 2022 – Chloe Stephens
• NOVEMBER 2022 – Jenny
• OCTOBER 2022 – Jesse O’Brien
• SEPTEMBER 2022 – A
• AUGUST 2022 – Zoe MB
• JULY 2022 – Petrice Koutsis
• JUNE 2022 – Oday Noel Jamil Hawa
• MAY 2022 – Aisha Runowanda
• APR 2022 – Chloe Kennedy
• MAR 2022 – Sarah York
• FEB 2022 – Amber K
• JAN 2022 – Mariana Custodio
• DEC 2021 – Penny Ngu
• NOV 2021 – Sean Tilmouth
• OCT 2021 – Sarah Rathsam
• SEP 2021 – Alicia Kilbourne
• AUG 2021 – Chris Clegg
• JUL 2021 – Shariza Krishna

Promoter: 

Venga Pty Ltd ABN 48 111 298 830 (San Churro) Suite 1, Level 1, 281 Brunswick Street, Fitzroy, VIC 3065, Australia. 

The information provided by entrants will only be used in the ways outlined in these Terms and Conditions. Any questions, comments or complaints regarding the promotion must be directed to marketing@sanchurro.com. 

Eligibility: 

• Entry to the competition (Promotion) is opened to residents in Australia only. An entrant must be an individual and not a company or organisation. An entrant must be aged 13 or over. Permission from a parent or guardian is required prior to entering the promotion if the entrant is under 18 years of age. 
• Each entry must be entered in accordance with these Terms and Conditions. By entering the promotion, each entrant agrees to be bound by these Terms and Conditions. San Churro may in its absolute discretion refuse to award any prize to any entrant who fails to comply with these Terms and Conditions.
• Any entry received after the promotional period(s) will be deemed invalid. No responsibility is accepted for late, lost, delayed or misdirected entries.
• For all competitions that run on our social media channels, the following eligibility criteria apply (and may be amended from time to time): 
  • a) Facebook – you must “engage” (comment/like/follow/tag) with San Churro’s Facebook post/page (https://www.facebook.com/sanchurro); 
  • b) Instagram – you must “follow” @sanchurro_au and “tag” a friend OR engage via Insta Stories/Poll;
  • c) TikTok – you must “follow” sanchurro on TikTok OR partake in a “TikTok Challenge”;
  • d) Snapchat – you must “follow” sanchurro on Snapchat
• By entering the competition, you confirm that you are eligible to do so and eligible to claim any prize you may win. The Promoter may require you to provide proof that you are eligible to enter the competition and if you cannot, you may be disqualified from the competition.

Acceptance of Terms and Conditions:

• Together with the “Standard Competition Terms” and “Specific Competition Terms” constitute the Terms and Conditions applicable to the competition.
• Please read the Terms and Conditions carefully and make sure that you understand them, before taking part in the competition. By submitting a competition entry, you are agreeing to be bound by these Terms and Conditions.

Entry Conditions:

• By submitting the entrant’s entry to San Churro, the entrant grants San Churro and its licensees and assignees exclusive rights in the entrant’s entry and all other material provided by the entrant to San Churro pursuant to this promotion at any time.
• The entrant agrees that San Churro may use the entrant’s entry and any personal details provided to San Churro for any promotional, marketing and publicity purposes in any media without notice and without any fee being paid to the entrant, subject to any privacy laws.
• San Churro reserves the right to vary these conditions at any time. San Churro does not assume any liability for loss or damages caused in taking out this prize.
• In the event that a prize, or an element of a prize, is/are not available for any reason, San Churro reserves the right to substitute prizes in its discretion to equal or greater recommended retail value, subject to state law.
• San Churro is not liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for personal injury which is suffered or sustained, as a result of participating in this promotion or accepting any of the prizes, except for any liability which cannot be excluded by law.
• San Churro is not responsible for any incorrect or inaccurate information, or for any of the equipment or programming associated with or utilised in this Competition, or for any technical error that may occur in the course of the administration of this Competition. San Churro assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to or alteration of entries.
• San Churro takes no responsibility for prizes damaged or lost in transit. Once prizes have left San Churro’s premises, San Churro will not be responsible for any delay in delivery, or failure of safe delivery of prizes.
• If for any reason this promotion is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of San Churro, which corrupt or affect the administration security, fairness or integrity or proper conduct of this promotion, San Churro reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the promotion and invalidate any affected entries, or suspend or modify a prize, subject to State or Territory regulation.
• In the case of the intervention of any outside agent or event which naturally changes the result or prevents or hinders its determination, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strikes; San Churro may in its absolute discretion cancel the promotion and recommence it from the start on the same conditions.
• Entrants consent to San Churro using the entrant’s name, likeness, image, voice and/or answer (including photograph, film and/or recording of the same) in any media for an unlimited period of time without remuneration for the purpose of promoting this Competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by San Churro.
• San Churro reserves the right to request winners to provide proof of age, identity and residency. Identification considered suitable for verification is at the discretion of San Churro. If there is a dispute as to the identity of an entrant, San Churro reserves the right, in its sole discretion, to determine the identity of the entrant.
• The Promoter collects personal information about entrants to include entrants in the promotion and where appropriate, award prizes. If any information requested by the Promoter is not provided, the entrant may not participate in the promotion. By entering the promotion, each entrant agrees that the Promoter may disclose entrants’ personal information to State and Territory lottery departments and that the winner’s name and locality will be published as required under the relevant lottery legislation. A request to access, update or correct any personal information should be directed to the Promoter at the address stated.
• Competitions are in no way sponsored, endorsed or administered by, or associated with Facebook/Instagram/TikTok/Snapchat. Entrants understand that they are providing their information to San Churro.

Governing law:

• These Terms and Conditions shall be governed under the laws of New South Wales. Any dispute arising from, or related to, your use of the service shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.
• This competition is conducted and authorised under NSW trade promotion lottery permit LTPM/20/05359.
• Under this permit, no individual prize will exceed the value of $250 (AUD) and the total value of prizes will not exceed $50,000.
• All competitions that run under this permit will be conducted within the promotion period of 12 February 2020 to 11 February 2021 inclusive.

1. Offers valid until 31st December 2022.
2. Offers valid for verified Student Edge members only.
3. Offers valid for in-store purchases (dine-in & takeaway) only.
4. Offers are available to Student Edge members only with valid Student ID.
5. Limited to one redemption per person, per day.
6. Offers:

   a. $10.95 Churros for One & Hot Chocolate (save $6.95)

   i. Includes: 3 Churros and one dip-cup and a choice of a Milk, Dark or White Hot Chocolate (excludes Mocha, Thick Spanish range and Hot Choc Bomb range)

   b. $10.95 Churros for One & Small Coffee (save $4)

   i. Includes: 3 Churros and one dip-cup and a choice of a Cappuccino, Latte, Flat White, Espresso, Long Black or a Macchiato.

7. Extras and substitutions at additional cost.
8. Cannot be used in conjunction with any other offer including el SOCIAL.
9. More info can be found here: https://studentedge.org/au/deals/details/sanchurro-student-discount-choc

1. Offer valid until 31st May 2022.
2. Offer valid for verified UNiDAYS members only.
3. Offer valid for in-store purchases (dine-in & takeaway) only.
4. Customers must present a valid UNiDAYS ID and/or valid app deal barcode at the POS to redeem.
5. Limited to one redemption per person, per day.
6. Offer limited to one standard ‘Churros for Two’ for $10 (save $6) which includes 6 churros and your choice of two dip-cups.
7. Extras and substitutions at additional cost.
8. Cannot be used in conjunction with any other offer including el SOCIAL.

$0 delivery valid only with ‘Delivery by San Churro’ orders placed online via order.sanchurro.com or via the San Churro el SOCIAL app between 20 – 26 February 2023. Offer only available at selected San Churro stores. See full list of participating stores here. Offer is exclusively available to existing and new el SOCIAL members. Customers must be logged into their el SOCIAL account when placing an order to receive $0 on delivery fee. No minimum spend applies. Offer excludes all third party delivery platforms. Not valid with any other offer.

Free item for orders over $25 on DoorDash (delivery, gifting or pick-up) from 13-19 February 2023. Free item is a choice between Mango De-Light Smoothie or any Fruit Fresca flavour. Offer is limited to the first 1270 redemptions. Available to existing & new DoorDash customers at participating San Churro stores. Maximum redemption of 1 per order, 3 per customer. Discount is applied when customer adds a valid item to their basket and enters coupon code REFRESH25. See DoorDash.com for delivery radius. Mango De-Light warning: Batteries in our lightbulb bottle are a choking and safety hazard and adult supervision is required. Not recommended for kids under 5 years of age.

This Schedule together with the Terms and Conditions constitute the terms of entry for this Promotion. Please read the Terms and Conditions attached to this Schedule.

1. The Promotion is WIN 1 of 50 San Churro Picnic Packs Giveaway Competition
2. The Promoter is Venga Pty Ltd ABN 48 111 298 830 (San Churro) Suite 1, Level 1, 281 Brunswick Street, Fitzroy, VIC 3065, Australia. 
3. The competition is open to el SOCIAL members selected as part of a specific segment as notified by invitation.
4. Entry is open to all ages; however, any entrant under 18 years of age requires parent/guardian consent prior to entering the Promotion.
5. Entry into the Promotion commences at 10:00am AEDT 1 Jan 2023.
6. Entry into the Promotion closes at 11:55pm AEDT 31 Jan 2023.
7. Entry Method:
   1. Enter contact and address details via link in email invitation
   2. Make 2 separate transactions in the month of January. Transactions must be made in store or online via the San Churro app or order.sanchurro.com (not third party platforms) 
8. Entry to the Promotion is limited to one (1) entry per entrant, over the entire Promotion Period. Entrants may only win one (1) prize during the entire Promotion Period.
9. The competition is advertised via San Churro’s email invitation
10. Picnic Pack Giveaway Competition:
    1. At the end of the competition period, forty (40) winners will be chosen based on random selection provided they meet the eligibility requirements.
    2. Winners will be emailed a message with the details of their prize after the closing date of the competition on 31 Jan 2023. The forty (40) winners will win one (1) San Churro Picnic Blanket valued at $14.95 AUD each and one (1) coupon to redeem Churros Grazing Box valued at $59.95 each. The San Churro Picnic Blanket will be posted to each winners’ nominated postal address with a physical coupon to redeem one (1) Churros Grazing Box in-store. The coupon to redeem the Churros Grazing Box is valid until 30th April 2023 at 11:55pm. The coupon is redeemable at any San Churro store Australia-wide, in-store only. The prizes are not transferable for cash and no substitutions are allowed. Winners must claim their prize by responding to the email sent by marketing@sanchurro.com within 30 days. San Churro accepts no responsibility for any variation in the prize value from day to day during the promotion period. Prizes or any unused portion of a prize are not transferable or exchangeable and cannot be taken as cash.
    3. If any winner chooses not to take their prize, or is unable to, or does not take
       or claim a prize by the time specified by the Promoter, or is unavailable, they forfeit the prize and the Promoter is not obliged to substitute the prize.

12. The winners will be notified via email within 2 business days of the draw and published on sanchurro.com/terms-conditions within 7 business days of the prize draw.
13.   The Prize consists of the following: Forty (40) winners will receive one (1) San Churro Picnic Pack

14. Each San Churro Picnic Pack is valued at $74.90
15. Total prize pool is $2,996.00

TERMS AND CONDITIONS

TERMS OF ENTRY

These Terms and Conditions must be read together with the Schedule for this Promotion. The Schedule defines certain terminology used in these Terms and Conditions.

1. Entry to the Promotion constitutes acceptance of these Terms and Conditions. By entering the Promotion, entrants accept and acknowledge full responsibility for their decision to participate in the Promotion and to take the Prize if they are the winner.
2. To the extent of any inconsistency between the Schedule and these Terms and Conditions, the Schedule prevails. 
3. All entry instructions and prize information published by the Promoter form part of these Terms and Conditions.

WINNERS & JUDGING

1. There will be forty (40) Winners determined from all entries received during the Promotion Period.  Each winner will receive a Prize.
2. Each winner will be determined by random allocation on the Determination Date by the Promoter at Venga Pty Ltd ABN 48 111 298 830 (San Churro) Suite 1, Level 1, 281 Brunswick Street, Fitzroy, VIC 3065, Australia. Each valid entry will be individually judged (by representatives of the Promoter) based on the Judging Criteria. 
3. The Promoter’s random allocation of prizes are final and no correspondence will be entered into. 
4. The winner will be notified by email within 7 days of the Determination Date.
5. All reasonable attempts will be made to contact the winner. If the winner does not claim their prize, there will be no second prize draw.

PRIVACY

1. The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1988. Entrants’ personal information will be collected, used and disclosed as set out in the KOMO Digital Privacy Notice for this Promotion ({https://www.komo.digital/privacy-policy}) and the San Churro} Privacy Policy ({https://www.sanchurro.com/privacy-policy/}).
2. Each entrant must ensure that any other person whose personal details have been provided by the entrant to the Promoter for the purposes of the entrant’s participation in this Promotion has given their express consent for their details to be provided to the Promoter and any of the Related Parties and to be contacted by the Promoter or any of the Related Parties in relation to this Promotion.  

Customer segment specifically selected for this offer. If selected for this offer it is not transferable to another member or customer. Eligible customers will be made aware via email communications.
Offer for $1 Macaron with any hot drink valid between 9-15 January 2023. Limit one redemption per person while stocks last. To redeem, members must scan the offer barcode in the el SOCIAL app at the counter in-store when ordering. Not valid for delivery or online orders. Offer valid for one Macaron for $1 when a hot drink of any size is purchased. Not valid with any other offer. No el SOCIAL points will be earned on this offer.

Customer segment specifically selected for this offer. If selected for this offer it is not transferable to another member or customer. Eligible customers will be made aware via email communications.
Offer for One Free Filled Churros valid between 9-15 January 2023. Limit one redemption per person while stocks last. To redeem, members must scan the offer barcode in the el SOCIAL app at the counter in-store when ordering. Not valid for delivery or online orders. Offer valid for one Filled Churros only. Not valid with any other offer. No el SOCIAL points will be earned on this offer.

This Schedule together with the Terms and Conditions constitute the terms of entry for this Promotion. Please read the Terms and Conditions attached to this Schedule.

1. The Promotion is San Churro Valentine’s Day Quiz
2. The Promoter is Venga Pty Ltd ABN 48 111 298 830 (San Churro) Suite 1, Level 1, 281 Brunswick Street, Fitzroy, VIC 3065, Australia. 
3. Eligible states are {eligible states} New South Wales, Victoria, South Australia, Queensland, Western Australia, Tasmania, Northern Territory and Australian Capital Territory.
4. Entry restrictions: 
   1. Entrants must be 18 years of age or over / OR
   2. Entry is open to all ages; however, any entrant under 18 years of age requires parent/guardian consent prior to entering the Promotion.
5. Entry into the Promotion commences at 10:00am AEDT 2nd February 2023 (Commencement Date).
6. Entry into the Promotion closes at 11:59pm AEDT 13th February 2023 (Closing Date). (Collectively with §5, Promotion Period.)
7. Entry Method: 
   1. Go to the  La Churro Casa  (lachurrocasa.sanchurro.com); and
   2. Click on the Promotional link; 
   3. Complete all of the required data entry fields on the entry form (the Entry); and
   4. Answer 10 questions to complete the Valentine’s Day Quiz.
8. Entrants may only win one (1) prize during the entire Promotion Period.
9. The competition is advertised via:

1. 1. San Churro’s Facebook page;
   2. San Churro’s Instagram page
   3. Email sent to San Churro’s el SOCIAL member database

10. Entry is via the Website. The Website means the website located at lachurrocasa.sanchurro.com

11. Personality Quiz:

1. 1. During the Promotion Period, participants will be able to participate in the Personality Quiz, where they will be required to answer 10 quiz questions.
   2. Once they finish the quiz they will then be prompted to enter their details and subsequently informed they are eligible for prizing.
   3. 200 total prize winner/s will be randomly selected to receive 1 of 3 prizes based on their answers to the quiz questions. The winners will receive their coupon via email after the competition has closed.
      1. If an Entrant receives the result ‘You’re spending quality me time this Valentine’s Day,’ they may receive a coupon for Churros For One
      2. If an Entrant receives the result ‘You’re spending Valentine’s Day with your partner’ they may receive a coupon for Churros For Two
      3. If an Entrant receives the result ‘You’re spending Valentine’s Day with your family and friends,’ they may receive a coupon for Churros Grazing Box 
   4. If any winner chooses not to take their prize, or is unable to, or does not take or claim a prize by the time specified by the Promoter, or is unavailable, they forfeit the prize and the Promoter is not obliged to substitute the prize.

12. The Promotion is a game of chance. All valid entries will be entered into the applicable random computerised draw, which will take place via the ‘personality quiz’ functionality on the Website.

13. The winners will be the 200 entrants who are randomly drawn in accordance with this Schedule and Terms and Conditions. The winners will be notified in writing within 2 business days of the draw and published on sanchurro.com/terms-conditions within 7 business days of the prize draw.

14. The Prize consists of the following:

(i) 120 winners will receive one (1) coupon for a Churros For One. Each coupon is valued at $10.95.

(ii)      75 winners will receive one (1) coupon for a Churros For Two. Each coupon is valued at $17.95.

(iii)     5 winners will receive a (1) coupon for a Churros Grazing Box. Each coupon is valued at $59.95.

15. Total prize pool is $2,960

16. Each coupon is valid until 1st May 2023 at 11:55pm. The coupon is redeemable at any San Churro store Australia-wide, in-store only. The prizes are not transferable for cash and no substitutions are allowed. Any unclaimed prizes will be forfeited. There will be no second chance draws. San Churro accepts no responsibility for any variation in the prize value from day to day during the promotion period. Prizes or any unused portion of a prize are not transferable or exchangeable and cannot be taken as cash.

17. This Promotion is authorised under New South Wales, Victoria, South Australia, Queensland, Western Australia, Tasmania, Northern Territory and Australian Capital Territory.

TERMS AND CONDITIONS

TERMS OF ENTRY

1. These Terms and Conditions must be read together with the Schedule for this Promotion. The Schedule defines certain terminology used in these Terms and Conditions. 
2. Entry to the Promotion constitutes acceptance of these Terms and Conditions. By entering the Promotion, entrants accept and acknowledge full responsibility for their decision to participate in the Promotion and to take the Prize if they are the winner.
3. To the extent of any inconsistency between the Schedule and these Terms and Conditions, the Schedule prevails.  
4. All entry instructions and prize information published by the Promoter form part of these Terms and Conditions.

PROMOTION 

1. The Promotion is conducted by the Promoter.
2. This Promotion will be advertised as outlined in the Methods of Advertisement.

ELIGIBLE ENTRANTS

1. Entry is open only to residents of the Eligible States and Territories who comply with the Entry Restrictions (if any).  Directors, officers, management, employees and other staff (and the immediate families of directors, officers, management, employees and other staff) of the Promoter or of its related bodies corporate, or of the Relevant Parties are ineligible to enter.
2. In the event entrants under the age of 18 are permitted to enter they must have permission from a parent or guardian to enter the Promotion and have obtained their consent to these terms and conditions.
3. Any person who is discovered to have used or attempted to use any more than one name in order to enter any Promotion run by the Promoter except in the case of a legal change of name in this Promotion is ineligible to enter this Promotion.
4. All entries to the Promotion may be subject to verification by the Promoter. An entrant must, within seven (7) days of being asked and at the Promoter’s cost, allow the Promoter to inspect and copy any documents that the Promoter may request establishing eligibility to enter the Promotion, including but not limited to receipts, evidence of age, residence and identity.
5. The Promoter may decide in its sole discretion which documents are considered suitable for establishing eligibility to enter or win. In the event that the winner cannot provide suitable proof of eligibility, they will forfeit the Prize in whole and no substitute or compensation will be offered. 

ENTRY

1. Entry to the Promotion commences on the Commencement Date and closes on the Closing Date (the Promotion Period). 
2. To enter the promotion, entrants must follow the Entry Method during the Promotion Period.
3. An entrant’s entry must not be:

1. late;
2. delayed; 
3. incomplete;
4. incomprehensible;
5. unlawful or capable of violating any law or giving rise to a civil action; 
6. obscene; 
7. defamatory or libellous;
8. threatening or harassing;
9. pornographic or contain nudity;
10. hateful;
11. offensive against a person or group of persons on the grounds of age, colour, gender, national or ethnic origin, disability, race, religion or sexual preference;
12. incite or be capable of encouraging conduct that would be considered a criminal offence;
13. in violation of the social media guidelines, rules or terms of service of the relevant social media site or platform used to enter the Promotion.

4.  An entrant may submit up to the Maximum Number of Entries. Multiple entries (where permitted) must be submitted separately and must independently comply with these Terms and Conditions. 

5. The entrant warrants that their entry including the response and any photos, images or videos (“Entry Material”) is: their own original work; it is not copied in any manner from any other work; and does not infringe the copyright, moral rights, trademark rights or any other rights of any third party.

6. Entrants retain all ownership in their Entry Material. However, by submitting their Entry Material, entrants hereby grant the Promoter an irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of and display the Entry Material for the purposes of conducting and promoting this Promotion, awarding the Prize and advertising and marketing the Promoter or the Promotion on all media now known or later devised, in perpetuity. 

7. By entering the Promotion, entrants consent to any use of their Entry material by the Promoter which may otherwise infringe an entrant’s moral rights in the Entry Material, including (without limitation):

1.  Exercising any of the rights in the Entry Material without identifying the entrant; and
2. Using the Entry Material in any way that the Promoter sees fit, even if it results in derogatory treatment of the Entry Material (as defined in the Copyright Act 1968 (Cth)).

8. Each entrant warrants that:

1. they have the full power and capacity to grant the rights, warranties and consents set out in these Terms and Conditions; 
2. the Entry Material is not, and its use by the Promoter (or the Relevant Parties) will not be, in breach of any third party intellectual property rights;
3. they will fully indemnify the Promoter against any loss or damage suffered by the Promoter:
4.  in the event that any of the warranties given by the entrant are false; 
5. as a result of any breach of these Terms and Conditions by the entrant; and
6. they have consent from each person appearing in the Entry Material (or if a person appearing in the Entry Material is under the age of 18, from that person’s parent or guardian). 

9. Entrants must ensure that their entries are received by the Promoter during the Promotion Period. All entries are deemed to be received at the time of receipt by the Promoter, not the time of transmission by the entrant. The Promoter takes no responsibility for late, lost, illegible, corrupted or misdirected entries or for any delays or failures in any telecommunications services or equipment. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred.  

10. If Entry is permitted via website or app is free. However, any costs associated with accessing a website or app in order to make their entry, are the responsibility of the person seeking access and are dependent on the service provider used.  

11. Entrants must make their website or app entries manually. The Promoter may reject an entry if it reasonably forms the opinion that the entry has been made using automated entry means or by use of a computer entry service.

12. Should an entrant’s contact details change at any time between the date on which they enter the Promotion and the Unclaimed Prize Date, that entrant must notify the Promoter of their correct contact details immediately. 

13. Any entry that is made on behalf of an entrant by a third party, or otherwise by proxy, will be invalid. 

14. The Promoter may, at its absolute discretion, declare any or all entries made by an entrant to be invalid if the entrant:

1. fails to establish their entitlement to win the Promotion to the Promoter’s satisfaction; or
2. fails to produce items as required by these Terms and Conditions or produces items that appear to be illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way; or
3. appears, to the Promoter, to have tampered with, or benefited from tampering with, the entry process; or
4. has submitted an entry that is not in accordance with these Terms and Conditions.

15. By entering the Promotion, the winner and their guest agree that if requested by the Promoter, the winner and their guest will:

1. provide comments about the Promotion and/or a photograph or audio-visual clip of themselves; and
2. participate in all promotional and publicity activity in connection with the Promotion;
3. the Promoter may use their name, image, location, comments, photographs, Entry Material or clips (“Materials”) for publicity and promotional purposes in any form of media, without reference or compensation to the winner and their guest/s or any other person;
4. the Promoter may use, reproduce, edit and communicate to the public the Materials at any time in any form of media;
5. the Promoter may license, authorise or otherwise transfer the rights in the Materials to others (including the and Related Parties) to do the same; and
6. the winner and their guest/s unconditionally and irrevocably consent to any act or omission that would otherwise infringe any of their moral rights in the Materials and waive all moral rights in the Materials.

16. Use or any publication of entries during or after the Promotion Period (in any form of media) does not mean that an entrant has been selected as a winner in the Promotion, and that entrant may not be awarded a Prize. 

WINNERS & JUDGING

1. There will be the Number of Winner/s determined from all entries received during the Promotion Period.  Each winner will receive a Prize.
2. Each winner will be determined on the Determination Date by the Promoter at Venga Pty Ltd ABN 48 111 298 830 (San Churro) Suite 1, Level 1, 281 Brunswick Street, Fitzroy, VIC 3065, Australia. Each valid entry will be individually judged (by representatives of the Promoter) based on the Judging Criteria.  
3. The Promoter’s decisions are final and no correspondence will be entered into.  
4. The winner will be notified by phone/email within 7 days of the Determination Date.
5. All reasonable attempts will be made to contact the winner. If the Prize is not claimed by the winner by the Unclaimed Prize Date, it will be awarded to another entrant by the Promoter on the Unclaimed Prize Date. The winner of the unclaimed Prize will be notified by phone/email within two (2) days of the Unclaimed Prize Date.

PRIZE

1. The Prize for this Promotion and the Total Prize Value is specified in the Schedule.
2. All Prize values are correct as at the Commencement Date and are reflective of the recommended retail price and are in Australian dollars. The Promoter takes no responsibility for any variations in the Prize values. 
3. If a winner of a Prize is under the age of 18 years (where entry by persons under 18 is permitted): 

1. they must be accompanied on the Prize by a parent or legal guardian; or
2.  the Promoter may, at its discretion, award the Prize to the winner’s parent or guardian (who is aged over 18 years). 

4. Any guest/s that accompany a winner on any element of the Prize must be over the age of 18, unless expressly stated otherwise. 

5. The Prize must be taken as offered and cannot be varied. If the Prize (or any part of the Prize) is unavailable for any reason, the Promoter will, in its absolute discretion, substitute alternative goods or services of no lesser retail value and/or specification (subject to the approval of the authorities that have issued permits for the conduct of the Promotion). The Promoter accepts no other liability or responsibility for any loss incurred by the winner or any other party if the Prize (or any part of the Prize, if applicable) is unavailable for any reason. 

6. The Prize cannot be refunded or exchanged and, except as expressly permitted by these Terms and Conditions, cannot be taken as a monetary payment. 

7. Unless expressly stated all other costs and expenses associated with taking the Prize become the responsibility of the winner. 

8. The Prize must be claimed by the winner by the Unclaimed Prize Date. All aspects of each Prize must be taken together as a package.  In the event that for any reason whatsoever the winner does not take the Prize or an element of the Prize at the time stipulated by the Promoter, the Prize or that element of the Prize will be forfeited by the winner. 

9. The Prize may be transferred at the Promoter’s sole discretion. In the event that the Promoter exercises its discretion to allow the winner to transfer the Prize, the transfer will be on the condition that the transferee accepts all terms and conditions set out in these Terms and Conditions and the Promoter may require such acceptance in writing at its absolute discretion. 

10. The winner is advised that tax implications may arise from them winning the Prize and they should seek independent financial advice prior to accepting the Prize. Where the operation of this Promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.

11. Once the Prize has left the Promoter’s/Prize supplier’s premises, the Promoter and the Relevant Parties will not be responsible for any delay in delivery or loss or damage to the Prize. 

12. If the Determination Date or Unclaimed Prize Determination Date is a public holiday, the determination will be conducted on the following business day. 

13. Any cash component of the Prize will be issued to the winner as a cheque in the winner’s name and crossed “not negotiable.”

14. The Prize will be awarded to the winner in the Promoter’s sole discretion.

15. Prizes may not, without the prior written consent of the Prize supplier and the Promoter, be resold or offered for resale at a premium (including via on-line auction sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services. If a Prize is sold or used in breach of this condition, the Promoter or the Prize supplier may, at their absolute discretion, withdraw the Prize. Where a ticket has been withdrawn in accordance with this clause no refund, substitute or compensation will be offered and the winner and any person who has purchased or otherwise bears that ticket may be refused entry.

PRIVACY

1. The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1988. Entrants’ personal information will be collected, used and disclosed as set out in the KOMO Digital Privacy Notice for this Promotion ({https://www.komo.digital/privacy-policy}) and the San Churro} Privacy Policy ({https://www.sanchurro.com/privacy-policy/}).
2. Each entrant must ensure that any other person whose personal details have been provided by the entrant to the Promoter for the purposes of the entrant’s participation in this Promotion has given their express consent for their details to be provided to the Promoter and any of the Related Parties and to be contacted by the Promoter or any of the Related Parties in relation to this Promotion.  

This Schedule together with the Terms and Conditions constitute the terms of entry for this Promotion. Please read the Terms and Conditions attached to this Schedule.

1. The Promotion is 30 Words or Less* – WIN 1 of 10 Churros Grazing Boxes Competition (QLD ONLY)
2. The Promoter is Venga Pty Ltd ABN 48 111 298 830 (San Churro) Suite 1, Level 1, 281 Brunswick Street, Fitzroy, VIC 3065, Australia. 
3. Competition is exclusive to residents of Queensland. Competition excludes residents of New South Wales, Victoria, Northern Territory, Western Australia, Tasmania, Australian Capital Territory and South Australia
4. Entry is open to all ages; however, any entrant under 18 years of age requires parent/guardian consent prior to entering the Promotion.
5. Entry into the Promotion commences at 10:00am AEDT 13th January 2023.
6. Entry into the Promotion closes at 11:59pm AEDT 2nd February 2023.
7. Entry Method:

1. Go to La Churro Casa  (lachurrocasa.sanchurro.com); and
2. Click on the Promotional link (30 words or less competition)
3. Complete all of the required data entry fields on the entry form (the Entry); and
4. Answer the ‘30 words or less’ question;

8. Entry to the Promotion is limited to one (1) entry per entrant, over the entire Promotion Period. Entrants may only win one (1) prize during the entire Promotion Period.

9. The competition is advertised via:

1. San Churro’s Facebook page;
2. San Churro’s Instagram page

10. Entry is via the Website at lachurrocasa.sanchurro.com

30 Words or Less:

11.   During the Promotion Period, participants will be able to participate in the 30 words or less card, where they will be required to answer the prompt, ‘Tell us about your familia or amigos who you’d love to share a Churros Grazing Box with this summer.’ 
12.   Participants who respond to the prompt and then enter their personal details including their first name and email address will immediately be shown a message on the page notifying them they have been entered into the competition and are eligible for prizing.
13.   At the end of the competition period, ten (10) winners will be chosen based on the best and most creative responses to the prompt as determined by the promoter.
14.   Ten (10) winners will win one Churros Grazing Box valued at $59.95 AUD each. Each unique coupon can be redeemed at each winner’s chosen San Churro store in Queensland. Valid San Churro stores include San Churro Garden City, San Churro Toowong, San Churro Sunshine Plaza, San Churro Surfers Paradise, San Churro Chermside, San Churro South Bank, San Churro North Lakes and San Churro Orion Springfield (excludes San Churro Harbour Town). The coupon to redeem the Churros Grazing Box is valid until 7th March 2023 at 11:59pm. The prizes are not transferable for cash and no substitutions are allowed.Any unclaimed prizes will be forfeited. There will be no second chance draws. San Churro accepts no responsibility for any variation in the prize value from day to day during the promotion period. Prizes or any unused portion of a prize are not transferable or exchangeable and cannot be taken as cash.
15.   If any winner chooses not to take their prize, or is unable to, or does not take or claim a prize by the time specified by the Promoter, or is unavailable, they forfeit the prize and the Promoter is not obliged to substitute the prize.
16.   The Promotion is a game of skill.
17. The winners will be the 10 (ten) entrants who, by the Promotor’s determination, provide the best response to the prompt. The winners will be notified via email within 2 business days of the draw and published on sanchurro.com/terms-conditions within 7 business days of the prize draw.
18.   The Prize consists of the following:

(i) Ten (10) winners will receive one (1) Churros Grazing Box

19. Each San Churro Picnic Pack is valued at $59.95

20. Total prize pool is $599.50

TERMS AND CONDITIONS

TERMS OF ENTRY

These Terms and Conditions must be read together with the Schedule for this Promotion. The Schedule defines certain terminology used in these Terms and Conditions.

1. Entry to the Promotion constitutes acceptance of these Terms and Conditions. By entering the Promotion, entrants accept and acknowledge full responsibility for their decision to participate in the Promotion and to take the Prize if they are the winner.
2. To the extent of any inconsistency between the Schedule and these Terms and Conditions, the Schedule prevails. 
3. All entry instructions and prize information published by the Promoter form part of these Terms and Conditions.

PROMOTION

1. The Promotion is conducted by the Promoter.
2. This Promotion will be advertised as outlined in the Methods of Advertisement.

ELIGIBLE ENTRANTS

1. Entry is open only to residents of the Eligible States and Territories who comply with the Entry Restrictions (if any).  Directors, officers, management, employees and other staff (and the immediate families of directors, officers, management, employees and other staff) of the Promoter or of its related bodies corporate, or of the Relevant Parties are ineligible to enter.
2. In the event entrants under the age of 18 are permitted to enter they must have permission from a parent or guardian to enter the Promotion and have obtained their consent to these terms and conditions.
3. Any person who is discovered to have used or attempted to use any more than one name in order to enter any Promotion run by the Promoter except in the case of a legal change of name in this Promotion is ineligible to enter this Promotion.
4. All entries to the Promotion may be subject to verification by the Promoter. An entrant must, within seven (7) days of being asked and at the Promoter’s cost, allow the Promoter to inspect and copy any documents that the Promoter may request establishing eligibility to enter the Promotion, including but not limited to receipts, evidence of age, residence and identity.
5. The Promoter may decide in its sole discretion which documents are considered suitable for establishing eligibility to enter or win. In the event that the winner cannot provide suitable proof of eligibility, they will forfeit the Prize in whole and no substitute or compensation will be offered.

ENTRY

1. Entry to the Promotion commences on 13th January 2023 and closes on the Closing Date on 2nd February 2023.
2. To enter the promotion, entrants must follow the Entry Method during the Promotion Period.
3. An entrant’s entry must not be:

a)          late;

b)          delayed;

c)           incomplete;

d)          incomprehensible;

e)          unlawful or capable of violating any law or giving rise to a civil action;

f)            obscene;

g)          defamatory or libellous;

h)          threatening or harassing;

i)            pornographic or contain nudity;

j)            hateful;

k)           offensive against a person or group of persons on the grounds of age, colour, gender, national or ethnic origin, disability, race, religion or sexual preference;

l)            incite or be capable of encouraging conduct that would be considered a criminal offence;

m)         in violation of the social media guidelines, rules or terms of service of the relevant social media site or platform used to enter the Promotion.

4. An entrant may submit up to the Maximum Number of Entries. Multiple entries (where permitted) must be submitted separately and must independently comply with these Terms and Conditions.

5. The entrant warrants that their entry including the response and any photos, images or videos (“Entry Material”) is: their own original work; it is not copied in any manner from any other work; and does not infringe the copyright, moral rights, trademark rights or any other rights of any third party.

6. Entrants retain all ownership in their Entry Material. However, by submitting their Entry Material, entrants hereby grant the Promoter an irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of and display the Entry Material for the purposes of conducting and promoting this Promotion, awarding the Prize and advertising and marketing the Promoter or the Promotion on all media now known or later devised, in perpetuity.

7. By entering the Promotion, entrants consent to any use of their Entry material by the Promoter which may otherwise infringe an entrant’s moral rights in the Entry Material, including (without limitation):

a) Exercising any of the rights in the Entry Material without identifying the entrant; and

b) Using the Entry Material in any way that the Promoter sees fit, even if it results in derogatory treatment of the Entry Material (as defined in the Copyright Act 1968 (Cth)).

8. Each entrant warrants that:

a) they have the full power and capacity to grant the rights, warranties and consents set out in these Terms and Conditions;

b) the Entry Material is not, and its use by the Promoter (or the Relevant Parties) will not be, in breach of any third party intellectual property rights;

c) they will fully indemnify the Promoter against any loss or damage suffered by the Promoter:

in the event that any of the warranties given by the entrant are false;

as a result of any breach of these Terms and Conditions by the entrant; and

d) they have consent from each person appearing in the Entry Material (or if a person appearing in the Entry Material is under the age of 18, from that person’s parent or guardian).

9. Entrants must ensure that their entries are received by the Promoter during the Promotion Period. All entries are deemed to be received at the time of receipt by the Promoter, not the time of transmission by the entrant. The Promoter takes no responsibility for late, lost, illegible, corrupted or misdirected entries or for any delays or failures in any telecommunications services or equipment. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. 

10. If Entry is permitted via website or app is free. However, any costs associated with accessing a website or app in order to make their entry, are the responsibility of the person seeking access and are dependent on the service provider used. 

11. Entrants must make their website or app entries manually. The Promoter may reject an entry if it reasonably forms the opinion that the entry has been made using automated entry means or by use of a computer entry service.

12. Should an entrant’s contact details change at any time between the date on which they enter the Promotion and the Unclaimed Prize Date, that entrant must notify the Promoter of their correct contact details immediately.

13. Any entry that is made on behalf of an entrant by a third party, or otherwise by proxy, will be invalid.

14. The Promoter may, at its absolute discretion, declare any or all entries made by an entrant to be invalid if the entrant:

a) fails to establish their entitlement to win the Promotion to the Promoter’s satisfaction; or

b) fails to produce items as required by these Terms and Conditions or produces items that appear to be illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way; or

c) appears, to the Promoter, to have tampered with, or benefited from tampering with, the entry process; or

d) has submitted an entry that is not in accordance with these Terms and Conditions.

15. By entering the Promotion, the winner and their guest agree that:

a) if requested by the Promoter, the winner and their guest will:

provide comments about the Promotion and/or a photograph or audio-visual clip of themselves; and

participate in all promotional and publicity activity in connection with the Promotion;

b) the Promoter may use their name, image, location, comments, photographs, Entry Material or clips (“Materials”) for publicity and promotional purposes in any form of media, without reference or compensation to the winner and their guest/s or any other person;

c) the Promoter may use, reproduce, edit and communicate to the public the Materials at any time in any form of media;

d) the Promoter may license, authorise or otherwise transfer the rights in the Materials to others (including the and Related Parties) to do the same; and

e) the winner and their guest/s unconditionally and irrevocably consent to any act or omission that would otherwise infringe any of their moral rights in the Materials and waive all moral rights in the Materials.

16. Use or any publication of entries during or after the Promotion Period (in any form of media) does not mean that an entrant has been selected as a winner in the Promotion, and that entrant may not be awarded a Prize.

WINNERS & JUDGING

1. There will be ten (10) Winners determined from all entries received during the Promotion Period.  Each winner will receive a Prize.
2. Each winner will be determined on the Determination Date by the Promoter at Venga Pty Ltd ABN 48 111 298 830 (San Churro) Suite 1, Level 1, 281 Brunswick Street, Fitzroy, VIC 3065, Australia. Each valid entry will be individually judged (by representatives of the Promoter) based on the Judging Criteria. 
3. The Promoter’s decisions are final and no correspondence will be entered into. 
4. The winner will be notified by email within 7 days of the Determination Date.
5. All reasonable attempts will be made to contact the winner. If the winner does not claim their prize, there will be no second prize draw.

PRIZE

1. The Prize for this Promotion and the Total Prize Value is specified in the Schedule.
2. All Prize values are correct as at the Commencement Date and are reflective of the recommended retail price and are in Australian dollars. The Promoter takes no responsibility for any variations in the Prize values.
3. If a winner of a Prize is under the age of 18 years (where entry by persons under 18 is permitted): they must be accompanied on the Prize by a parent or legal guardian; or the Promoter may, at its discretion, award the Prize to the winner’s parent or guardian (who is aged over 18 years).
4. Any guest/s that accompany a winner on any element of the Prize must be over the age of 18, unless expressly stated otherwise.
5. The Prize must be taken as offered and cannot be varied. If the Prize (or any part of the Prize) is unavailable for any reason, the Promoter will, in its absolute discretion, substitute alternative goods or services of no lesser retail value and/or specification (subject to the approval of the authorities that have issued permits for the conduct of the Promotion). The Promoter accepts no other liability or responsibility for any loss incurred by the winner or any other party if the Prize (or any part of the Prize, if applicable) is unavailable for any reason.
6. The Prize cannot be refunded or exchanged and, except as expressly permitted by these Terms and Conditions, cannot be taken as a monetary payment.
7. Unless expressly stated all other costs and expenses associated with taking the Prize become the responsibility of the winner.
8. The Prize must be claimed by the winner by the Unclaimed Prize Date. All aspects of each Prize must be taken together as a package.  In the event that for any reason whatsoever the winner does not take the Prize or an element of the Prize at the time stipulated by the Promoter, the Prize or that element of the Prize will be forfeited by the winner.
9. The Prize may be transferred at the Promoter’s sole discretion. In the event that the Promoter exercises its discretion to allow the winner to transfer the Prize, the transfer will be on the condition that the transferee accepts all terms and conditions set out in these Terms and Conditions and the Promoter may require such acceptance in writing at its absolute discretion.
10. The winner is advised that tax implications may arise from them winning the Prize and they should seek independent financial advice prior to accepting the Prize. Where the operation of this Promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
11. Once the Prize has left the Promoter’s/Prize supplier’s premises, the Promoter and the Relevant Parties will not be responsible for any delay in delivery or loss or damage to the Prize.
12. If the Determination Date or Unclaimed Prize Determination Date is a public holiday, the determination will be conducted on the following business day.
13. The Prize cannot be used in conjunction with any other discounts or special offers.
14. Any cash component of the Prize will be issued to the winner as a cheque in the winner’s name and crossed “not negotiable.”
15. The Prize will be awarded to the winner in the Promoter’s sole discretion.
16. Prizes may not, without the prior written consent of the Prize supplier and the Promoter, be resold or offered for resale at a premium (including via on-line auction sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services. If a Prize is sold or used in breach of this condition, the Promoter or the Prize supplier may, at their absolute discretion, withdraw the Prize. Where a ticket has been withdrawn in accordance with this clause no refund, substitute or compensation will be offered and the winner and any person who has purchased or otherwise bears that ticket may be refused entry.

General

1. The Promoter reserves the right to take any action necessary in its sole discretion at any time.
2. Entrants acknowledge that there may be inherent risks in some aspects of the Promotion and that participation in the Promotion and/or using the Prize may involve participating in dangerous activities. By entering this Promotion and/or accepting the Prize, entrants accept that risk.  
3. The winner and their guests must declare to the Promoter and/or any prize supplier any health-related issues that may affect their safe participation in any part of the Promotion or Prize (where applicable) and obtain a written clearance from their doctor in this respect. The Promoter (upon consultation with any relevant qualified person) reserves the right to refuse to allow a winner or their guest to take part in an aspect of a Prize, if the Promoter determines that a winner is not in the mental or physical condition necessary to be able to safely participate in that aspect Prize.
4. In order to participate in this Promotion and/or the activities which may be awarded as part of the Prize, the winner (and their guest/s, as applicable) must comply with applicable height, weight, health, fitness, skill, balance, dexterity and any other requirements normally associated with the particular activity. 
5. It is the entrant’s responsibility to ensure that they (and their guest/s, as applicable) are sufficiently healthy and fit so as to safely participate in this Promotion, any Challenge and/or undertake the activities awarded as part of the Prize. 
6. If the Promoter becomes aware after an entrant has won a Prize that the entrant has not complied with these Terms and Conditions, that entrant will have no entitlement to the Prize, even if the Promoter has announced them as a winner. That entrant will be required to return, refund or otherwise make restitution of the Prize.
7. The Promoter reserves the right to verify the validity of any entries and in its sole discretion, disqualify any or all entries from, and prohibit further participation in this Promotion by, any person who: (a) tampers with or benefits from any tampering with the entry process or with the operation of the Promotion; (b) acts in violation of these Terms and Conditions; (c) acts in a disruptive manner; (d) acts with the intent to annoy, abuse, threaten or harass any other person; or (e) engages in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
8. To the full extent permitted by the law the Promoter and the Relevant Parties will not be liable for any loss, damage, claim, cost, expense or personal injury suffered or sustained (including, but not limited to, that caused by any person’s negligence) by any entrant in connection with the Promotion or the Prize, including:

1. any indirect, economic or consequential loss or loss of profits;
2. any loss arising from the negligence of a Relevant Party; and
3. any liability for personal injury or death.

9. If, for any reason, the Promotion is not capable of running as planned, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other causes beyond the control of the Promoter that corrupt or affect the administration, security, fairness or integrity, or proper conduct of the Promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process or take any other action, including to cancel, terminate, modify, or suspend the Promotion (subject to any direction given under the relevant State/Territory permit regulations).

10. The winner acknowledges that the Prize may be subject to additional terms and conditions imposed by third parties. The winner and guest must become acquainted with any such additional terms and conditions prior to taking the Prize and the winner and guest agree to be bound by such terms and conditions. The Promoter does not accept any responsibility and is not liable for any additional conditions imposed on the taking of the Prize, or for the breach of those conditions by any person.

11. Except for any liability which cannot be excluded by law, the Promoter is not responsible for:

1. any problems or technical malfunction with any telephone network or lines, computer online systems, servers or providers, computer equipment, or software, or any technical problems or traffic congestion on any computer system or at any website, or any combination thereof, including (but not limited to) any injury or damage to participants or any other person’s property related to or resulting from participation in the Promotion;
2. any incorrect or inaccurate information, caused either by users, by any of the equipment or programming associated with or used in connection with the Promotion, or by any technical error that may occur in the course of the Promotion; or
3. any error; omission; interruption; deletion; defect; delay in operation or transmission; communications line failure; theft; or destruction or unauthorised access to, or alteration of, entries or entrants’ details.

12. Any attempt to cause damage to any website or the information on any website associated with this Promotion or to otherwise undermine the fair and legitimate operation of this Promotion may be a violation of criminal and civil laws. The Promoter reserves the right to seek damages in the fullest extent permitted by law in the event that any such attempt is made, whether or not that attempt results in any such damage, interference or undermining.

13. The Promoter and its associated agencies and companies make no warranties or representations about the fitness for purpose or suitability of any Prize and will not accept responsibility for the quality or fitness for any purpose of any Prize, or the failure of any Prize to be of merchantable quality. If liability under terms implied by legislation cannot be excluded, the liability of the Promoter and its associated agencies and companies is limited to re-supplying the relevant goods or services or paying the cost of replacing them.

14. These Terms and Conditions are governed by the laws of South Australia, Victoria, Tasmania, Australia Capital Territory, Northern Territory, New South Wales, Western Australia and Queensland. The Promoter and all entrants irrevocably submit to the non-exclusive jurisdiction of South Australia, Victoria, Tasmania, Australia Capital Territory, Northern Territory, New South Wales, Western Australia and Queensland.

15. These rules are Terms and Conditions and constitute the entire terms and conditions between the entrant and the Promoter with respect to the Promotion. The Promoter may alter, modify, or amend these Terms and Conditions at its sole discretion and will only provide entrants with notice of substantial amendments (subject to the approval of the authorities that have issued permits for the conduct of the Promotion).

16. Except for the ‘Entry Material, all entries become the property of the Promoter.

PRIVACY

1. The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1988. Entrants’ personal information will be collected, used and disclosed as set out in the KOMO Digital Privacy Notice for this Promotion ({https://www.komo.digital/privacy-policy}) and the San Churro} Privacy Policy ({https://www.sanchurro.com/privacy-policy/}).
2. Each entrant must ensure that any other person whose personal details have been provided by the entrant to the Promoter for the purposes of the entrant’s participation in this Promotion has given their express consent for their details to be provided to the Promoter and any of the Related Parties and to be contacted by the Promoter or any of the Related Parties in relation to this Promotion.  

This Schedule together with the Terms and Conditions constitute the terms of entry for this Promotion. Please read the Terms and Conditions attached to this Schedule.

1.     The Promotion is Scratch & Win* Summer in San Churro (QLD Only) Competition
2.     The Promoter is Venga Pty Ltd ABN 48 111 298 830 (San Churro) Suite 1, Level 1, 281 Brunswick Street, Fitzroy, VIC 3065, Australia. 
3.     Competition is exclusive to residents of Queensland. Competition excludes residents of New South Wales, Victoria, Northern Territory, Western Australia, Tasmania, Australian Capital Territory and South Australia

4.     Entry restrictions:

1. Entrants must be aged 13 years or over. Permission from a parent or guardian is required prior to entering the promotion if the entrant is under 18 years of age.
2. Entrants must be an individual and not a company or organisation.
3. Each entry must be entered in accordance with these Terms and Conditions. By entering the promotion, each entrant agrees to be bound by these Terms and Conditions. San Churro may in its absolute discretion refuse to award any prize to any entrant who fails to comply with these Terms and Conditions.
4. Any entry received after the promotional period(s) will be deemed invalid. No responsibility is accepted for late, lost, delayed or misdirected entries.
5. By entering the competition, you confirm that you are eligible to do so and eligible to claim any prize you may win. The Promoter may require you to provide proof that you are eligible to enter the competition and if you cannot, you may be disqualified from the competition.

5.     Entry into the Promotion commences at 10:00am 3rd January 2023
6.     Entry into the Promotion closes at 11:59pm 3rd February 2023 or when all prizes have been claimed
7.     Entry Method:

• Go to San Churro’s KOMO Hub (https://lachurrocasa.sanchurro.com/); and
• Click on the Promotional link (Scratch & WIN* Game);
• Complete all of the required data entry fields on the entry form (the Entry);

8.     Entry to the Promotion is limited to one (1) entry per entrant, over the entire Promotional Period.

9.  The competition is advertised via:

• Email marketing from San Churro (Venga Pty Ltd);
• San Churro’s Facebook page;
• San Churro’s Instagram page

 10. Entry is via the Website. The Website means the website located at {https://lachurrocasa.sanchurro.com/}

11. Scratch & Win:

•   Entrants will be required to scratch the digital screen to reveal their outcome.
•   Winners will be shown immediately if they have won by a message on the Scratch and Win page by having the prize icon appear on the page [SH3] 
• Winners will be emailed a message with a link to their unique coupon which they can redeem at their chosen San Churro store in Queensland. Valid San Churro stores include San Churro Garden City, San Churro Toowong, San Churro Sunshine Plaza, San Churro Surfers Paradise, San Churro Chermside, San Churro South Bank, San Churro Northlakes and San Churro Orion Springfield (excludes San Churro Harbour Town)
• There are 538 total coupons available within the Scratch & Win game. The coupons are valid in-store for redemption at front counter only
• The coupon expires on 7th March 11:55PM AEST
• If any winner chooses not to take their prize, or is unable to, or does not take or claim a prize by the time specified by the Promoter, or is unavailable, they forfeit the prize and the Promoter is not obliged to substitute the prize.

12.  The Promotion is a game of chance. All valid entries will be entered into the applicable random computerised draw, which will take place via the ‘Scratch and Win’ functionality on the Website.

13.   The winners will be the 538 entrants who are randomly drawn in accordance with this Schedule and Terms and Conditions. 
14.   The Prize consists of the following:

(i) 200 coupons for Churros For One

(ii) 200 coupons for Churros For Two

(iii) 10 coupons for Churros Grazing Box

(iv) 38 coupons for Choc-Hazelnut Banana Croffle

(v) 90 coupons for Fruit Fresca (Strawberry & Watermelon Fruit Fresca, Passionfruit Iced Tea Fruit Fresca or Dragon Fruit & Lychee Fruit Fresca

15.   Each individual prize value is as follows:

(i) Churros For One – $10.95

(ii) Churros For Two – $17.95

(iii) Churros Grazing Box – $59.95

(iv) Choc-Hazelnut Banana Croffle – $11.95

(v)  Fruit Fresca – $7.95

16. Total prize pool valued at $7,549.10

TERMS AND CONDITIONS

TERMS OF ENTRY

1.         These Terms and Conditions must be read together with the Schedule for this Promotion. The Schedule defines certain terminology used in these Terms and Conditions.
2.         Entry to the Promotion constitutes acceptance of these Terms and Conditions. By entering the Promotion, entrants accept and acknowledge full responsibility for their decision to participate in the Promotion and to take the Prize if they are the winner.
3.         To the extent of any inconsistency between the Schedule and these Terms and Conditions, the Schedule prevails. 
4.         All entry instructions and prize information published by the Promoter form part of these Terms and Conditions.

PROMOTION

5.         The Promotion is conducted by the Promoter.
6.         This Promotion will be advertised as outlined in the Methods of Advertisement.

ELIGIBLE ENTRANTS

7.         Entry is open only to residents of the Eligible States and Territories who comply with the Entry Restrictions (if any).  Directors, officers, management, employees and other staff (and the immediate families of directors, officers, management, employees and other staff) of the Promoter or of its related bodies corporate, or of the Relevant Parties are ineligible to enter.
8.         In the event entrants under the age of 18 are permitted to enter they must have permission from a parent or guardian to enter the Promotion and have obtained their consent to these terms and conditions.
9.         Any person who is discovered to have used or attempted to use any more than one name in order to enter any Promotion run by the Promoter except in the case of a legal change of name in this Promotion is ineligible to enter this Promotion.
10.   All entries to the Promotion may be subject to verification by the Promoter. An entrant must, within seven (7) days of being asked and at the Promoter’s cost, allow the Promoter to inspect and copy any documents that the Promoter may request establishing eligibility to enter the Promotion, including but not limited to receipts, evidence of age, residence and identity.
11.   The Promoter may decide in its sole discretion which documents are considered suitable for establishing eligibility to enter or win. In the event that the winner cannot provide suitable proof of eligibility, they will forfeit the Prize in whole and no substitute or compensation will be offered.

ENTRY

12.   Entry to the Promotion commences on the Commencement Date and closes on February 3rd 2023.
13.   To enter the promotion, entrants must follow the Entry Method during the Promotion Period.
14.   An entrant’s entry must not be:

a)         late;

b)         delayed;

c)         incomplete;

d)         incomprehensible;

e)         unlawful or capable of violating any law or giving rise to a civil action;

f)           obscene;

g)         defamatory or libellous;

h)         threatening or harassing;

i)           pornographic or contain nudity;

j)           hateful;

k)         offensive against a person or group of persons on the grounds of age, colour, gender, national or ethnic origin, disability, race, religion or sexual preference;

l)           incite or be capable of encouraging conduct that would be considered a criminal offence;

m)       in violation of the social media guidelines, rules or terms of service of the relevant social media site or platform used to enter the Promotion.

15.  An entrant may submit up to the Maximum Number of Entries. Multiple entries (where permitted) must be submitted separately and must independently comply with these Terms and Conditions.

16.  The entrant warrants that their entry including the response and any photos, images or videos (“Entry Material”) is: their own original work; it is not copied in any manner from any other work; and does not infringe the copyright, moral rights, trademark rights or any other rights of any third party.

17.  Entrants retain all ownership in their Entry Material. However, by submitting their Entry Material, entrants hereby grant the Promoter an irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of and display the Entry Material for the purposes of conducting and promoting this Promotion, awarding the Prize and advertising and marketing the Promoter or the Promotion on all media now known or later devised, in perpetuity.

18. By entering the Promotion, entrants consent to any use of their Entry material by the Promoter which may otherwise infringe an entrant’s moral rights in the Entry Material, including (without limitation):

a)         Exercising any of the rights in the Entry Material without identifying the entrant; and

b)         Using the Entry Material in any way that the Promoter sees fit, even if it results in derogatory treatment of the Entry Material (as defined in the Copyright Act 1968 (Cth)).

19. Each entrant warrants that:

a)         they have the full power and capacity to grant the rights, warranties and consents set out in these Terms and Conditions;

b)         the Entry Material is not, and its use by the Promoter (or the Relevant Parties) will not be, in breach of any third party intellectual property rights;

c)         they will fully indemnify the Promoter against any loss or damage suffered by the Promoter:  in the event that any of the warranties given by the entrant are false; as a result of any breach of these Terms and Conditions by the entrant; and

d)         they have consent from each person appearing in the Entry Material (or if a person appearing in the Entry Material is under the age of 18, from that person’s parent or guardian)

20. Entrants must ensure that their entries are received by the Promoter during the Promotion Period. All entries are deemed to be received at the time of receipt by the Promoter, not the time of transmission by the entrant. The Promoter takes no responsibility for late, lost, illegible, corrupted or misdirected entries or for any delays or failures in any telecommunications services or equipment. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. 

21. If Entry is permitted via website or app is free. However, any costs associated with accessing a website or app in order to make their entry, are the responsibility of the person seeking access and are dependent on the service provider used. 

22. Entrants must make their website or app entries manually. The Promoter may reject an entry if it reasonably forms the opinion that the entry has been made using automated entry means or by use of a computer entry service.

23. Should an entrant’s contact details change at any time between the date on which they enter the Promotion and the Unclaimed Prize Date, that entrant must notify the Promoter of their correct contact details immediately.

24. Any entry that is made on behalf of an entrant by a third party, or otherwise by proxy, will be invalid.

25. The Promoter may, at its absolute discretion, declare any or all entries made by an entrant to be invalid if the entrant:

a)         fails to establish their entitlement to win the Promotion to the Promoter’s satisfaction; or

b)         fails to produce items as required by these Terms and Conditions or produces items that appear to be illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way; or

c)         appears, to the Promoter, to have tampered with, or benefited from tampering with, the entry process; or

d)         has submitted an entry that is not in accordance with these Terms and Conditions.

26. By entering the Promotion, the winner and their guest agree that:

a)         if requested by the Promoter, the winner and their guest will: provide comments about the Promotion and/or a photograph or audio-visual clip of themselves; and participate in all promotional and publicity activity in connection with the Promotion;

b)         the Promoter may use their name, image, location, comments, photographs, Entry Material or clips (“Materials”) for publicity and promotional purposes in any form of media, without reference or compensation to the winner and their guest/s or any other person;

c)         the Promoter may use, reproduce, edit and communicate to the public the Materials at any time in any form of media;

d)         the Promoter may license, authorise or otherwise transfer the rights in the Materials to others (including the and Related Parties) to do the same; and

e)         the winner and their guest/s unconditionally and irrevocably consent to any act or omission that would otherwise infringe any of their moral rights in the Materials and waive all moral rights in the Materials. Use or any publication of entries during or after the Promotion Period (in any form of media) does not mean that an entrant has been selected as a winner in the Promotion, and that entrant may not be awarded a Prize.

PRIZE

27. The Prize for this Promotion and the Total Prize Value is specified in the Schedule.

28. All Prize values are correct as at the Commencement Date and are reflective of the recommended retail price and are in Australian dollars. The Promoter takes no responsibility for any variations in the Prize values.

29.   If a winner of a Prize is under the age of 18 years (where entry by persons under 18 is permitted):

a)     they must be accompanied on the Prize by a parent or legal guardian; or

b)     the Promoter may, at its discretion, award the Prize to the winner’s parent or guardian (who is aged over 18 years).

30.   Any guest/s that accompany a winner on any element of the Prize must be over the age of 18, unless expressly stated otherwise.

31. The Prize must be taken as offered and cannot be varied. If the Prize (or any part of the Prize) is unavailable for any reason, the Promoter will, in its absolute discretion, substitute alternative goods or services of no lesser retail value and/or specification (subject to the approval of the authorities that have issued permits for the conduct of the Promotion). The Promoter accepts no other liability or responsibility for any loss incurred by the winner or any other party if the Prize (or any part of the Prize, if applicable) is unavailable for any reason.

32. The Prize cannot be refunded or exchanged and, except as expressly permitted by these Terms and Conditions, cannot be taken as a monetary payment.

33.  Unless expressly stated all other costs and expenses associated with taking the Prize become the responsibility of the winner.

34. The Prize must be claimed by the winner by the Unclaimed Prize Date. All aspects of each Prize must be taken together as a package.  In the event that for any reason whatsoever the winner does not take the Prize or an element of the Prize at the time stipulated by the Promoter, the Prize or that element of the Prize will be forfeited by the winner.

35.   The Prize may be transferred at the Promoter’s sole discretion. In the event that the Promoter exercises its discretion to allow the winner to transfer the Prize, the transfer will be on the condition that the transferee accepts all terms and conditions set out in these Terms and Conditions and the Promoter may require such acceptance in writing at its absolute discretion.

36.  The winner is advised that tax implications may arise from them winning the Prize and they should seek independent financial advice prior to accepting the Prize. Where the operation of this Promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.

37.  Once the Prize has left the Promoter’s/Prize supplier’s premises, the Promoter and the Relevant Parties will not be responsible for any delay in delivery or loss or damage to the Prize.

38.   If the Determination Date or Unclaimed Prize Determination Date is a public holiday, the determination will be conducted on the following business day.

39.   The Prize cannot be used in conjunction with any other discounts or special offers.

40.   Any cash component of the Prize will be issued to the winner as a cheque in the winner’s name and crossed “not negotiable.”

41. The Prize will be awarded to the winner in the Promoter’s sole discretion.

42. Prizes may not, without the prior written consent of the Prize supplier and the Promoter, be resold or offered for resale at a premium (including via on-line auction sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services. If a Prize is sold or used in breach of this condition, the Promoter or the Prize supplier may, at their absolute discretion, withdraw the Prize. Where a ticket has been withdrawn in accordance with this clause no refund, substitute or compensation will be offered and the winner and any person who has purchased or otherwise bears that ticket may be refused entry.

43. San Churro reserves the right to request winners to provide proof of age, identity and residency. Identification considered suitable for verification is at the discretion of San Churro. If there is a dispute as to the identity of an entrant, San Churro reserves the right, in its sole discretion, to determine the identity of the entrant.

44. Entrants consent to San Churro using the entrant’s name, likeness, image, voice and/or answer (including photograph, film and/or recording of the same) in any media for an unlimited period of time without remuneration for the purpose of promoting this Competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by San Churro.

General

45. The Promoter reserves the right to take any action necessary in its sole discretion at any time.

46. Entrants acknowledge that there may be inherent risks in some aspects of the Promotion and that participation in the Promotion and/or using the Prize may involve participating in dangerous activities. By entering this Promotion and/or accepting the Prize, entrants accept that risk.  

47. The winner and their guests must declare to the Promoter and/or any prize supplier any health-related issues that may affect their safe participation in any part of the Promotion or Prize (where applicable) and obtain a written clearance from their doctor in this respect. The Promoter (upon consultation with any relevant qualified person) reserves the right to refuse to allow a winner or their guest to take part in an aspect of a Prize, if the Promoter determines that a winner is not in the mental or physical condition necessary to be able to safely participate in that aspect Prize.

48. In order to participate in this Promotion and/or the activities which may be awarded as part of the Prize, the winner (and their guest/s, as applicable) must comply with applicable height, weight, health, fitness, skill, balance, dexterity and any other requirements normally associated with the particular activity. 

49. It is the entrant’s responsibility to ensure that they (and their guest/s, as applicable) are sufficiently healthy and fit so as to safely participate in this Promotion, any Challenge and/or undertake the activities awarded as part of the Prize. 

50.  If the Promoter becomes aware after an entrant has won a Prize that the entrant has not complied with these Terms and Conditions, that entrant will have no entitlement to the Prize, even if the Promoter has announced them as a winner. That entrant will be required to return, refund or otherwise make restitution of the Prize.

51.   The Promoter reserves the right to verify the validity of any entries and in its sole discretion, disqualify any or all entries from, and prohibit further participation in this Promotion by, any person who: (a) tampers with or benefits from any tampering with the entry process or with the operation of the Promotion; (b) acts in violation of these Terms and Conditions; (c) acts in a disruptive manner; (d) acts with the intent to annoy, abuse, threaten or harass any other person; or (e) engages in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

52.   To the full extent permitted by the law the Promoter and the Relevant Parties will not be liable for any loss, damage, claim, cost, expense or personal injury suffered or sustained (including, but not limited to, that caused by any person’s negligence) by any entrant in connection with the Promotion or the Prize, including:

a)         any indirect, economic or consequential loss or loss of profits;

b)         any loss arising from the negligence of a Relevant Party; and

c)         any liability for personal injury or death.

53.    If, for any reason, the Promotion is not capable of running as planned, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other causes beyond the control of the Promoter that corrupt or affect the administration, security, fairness or integrity, or proper conduct of the Promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process or take any other action, including to cancel, terminate, modify, or suspend the Promotion (subject to any direction given under the relevant State/Territory permit regulations).

54.  The winner acknowledges that the Prize may be subject to additional terms and conditions imposed by third parties. The winner and guest must become acquainted with any such additional terms and conditions prior to taking the Prize and the winner and guest agree to be bound by such terms and conditions. The Promoter does not accept any responsibility and is not liable for any additional conditions imposed on the taking of the Prize, or for the breach of those conditions by any person.

55.  Except for any liability which cannot be excluded by law, the Promoter is not responsible for:

a) any problems or technical malfunction with any telephone network or lines, computer online systems, servers or providers, computer equipment, or software, or any technical problems or traffic congestion on any computer system or at any website, or any combination thereof, including (but not limited to) any injury or damage to participants or any other person’s property related to or resulting from participation in the Promotion;

b) any incorrect or inaccurate information, caused either by users, by any of the equipment or programming associated with or used in connection with the Promotion, or by any technical error that may occur in the course of the Promotion; or

c) any error; omission; interruption; deletion; defect; delay in operation or transmission; communications line failure; theft; or destruction or unauthorised access to, or alteration of, entries or entrants’ details.

56.  Any attempt to cause damage to any website or the information on any website associated with this Promotion or to otherwise undermine the fair and legitimate operation of this Promotion may be a violation of criminal and civil laws. The Promoter reserves the right to seek damages in the fullest extent permitted by law in the event that any such attempt is made, whether or not that attempt results in any such damage, interference or undermining.

57. The Promoter and its associated agencies and companies make no warranties or representations about the fitness for purpose or suitability of any Prize and will not accept responsibility for the quality or fitness for any purpose of any Prize, or the failure of any Prize to be of merchantable quality. If liability under terms implied by legislation cannot be excluded, the liability of the Promoter and its associated agencies and companies is limited to re-supplying the relevant goods or services or paying the cost of replacing them.

58. These Terms and Conditions are governed by the laws of Victoria, New South Wales, Queensland, the Australian Capital Territory, Western Australia and Tasmania. The Promoter and all entrants irrevocably submit to the non-exclusive jurisdiction of Victoria, New South Wales, Queensland, the Australian Capital Territory, Western Australia and Tasmania.

59. These rules are Terms and Conditions and constitute the entire terms and conditions between the entrant and the Promoter with respect to the Promotion. The Promoter may alter, modify, or amend these Terms and Conditions at its sole discretion and will only provide entrants with notice of substantial amendments (subject to the approval of the authorities that have issued permits for the conduct of the Promotion).

60. Except for the ‘Entry Material, all entries become the property of the Promoter.

PRIVACY

61. The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1988. Entrants’ personal information will be collected, used and disclosed as set out in the KOMO Digital Privacy Notice for this Promotion ({https://www.komo.digital/privacy-policy}) and the San Churro} Privacy Policy ({https://www.sanchurro.com/privacy-policy/}). 

62. Each entrant must ensure that any other person whose personal details have been provided by the entrant to the Promoter for the purposes of the entrant’s participation in this Promotion has given their express consent for their details to be provided to the Promoter and any of the Related Parties and to be contacted by the Promoter or any of the Related Parties in relation to this Promotion.  

Update on 22nd December 2022: The competition has now closed. Congratulations to our winners Jordan, Luke, Lauren, Adam, Joel, Adam, Ozane, Anne, Alexander and Cheryl.

This Schedule together with the Terms and Conditions constitute the terms of entry for this Promotion. Please read the Terms and Conditions attached to this Schedule.

1. The Promotion is the San Churro Christmas Memory Challenge – WIN 1 of 10 San Churro eGift Cards Competition
2. The Promoter is Venga Pty Ltd ABN 48 111 298 830 (San Churro) Suite 1, Level 1, 281 Brunswick Street, Fitzroy, VIC 3065, Australia.
3. The competition is open to all Australian residents.
4. Entry is open to all ages; however, any entrant under 18 years of age requires parent/guardian consent prior to entering the Promotion.
5. Entry into the Promotion commences at 10:00am AEDT 6th December 2022.
6. Entry into the Promotion closes at 11:59pm AEDT 20th December 2022.
7. Entry Method:
8. – Go to La Churro Casa  (lachurrocasa.sanchurro.com); and
   – Click on the Promotional link (Christmas Memory Challenge competition)
   – Play the Memory Challenge game; and
   – Complete all of the required data entry fields on the entry form (the Entry)
9. Entry to the Promotion is limited to one (1) entry per entrant, over the entire Promotion Period. Entrants may only win one (1) prize during the entire Promotion Period.
10. The competition is advertised via:
    a. San Churro’s Facebook page; b. San Churro’s Instagram page
11. Entry is via the Website at lachurroscasa.sanchurro.com

12. Memory Challenge with Points:

a. Entrants will be required to match 6 pairs of San Churro images in under 60 seconds.
b. When a user matches a pair, they will score 500 points per match, if there is a mis-match, they will lose 50 points and if they match multiple pairs in a row, they will score 50 additional points per streak.
c. Participants who match all the pairs will then enter their personal details including first name and email address and will immediately be shown a message on the page notifying them they are eligible for prizing.
d. The 10 users who complete the challenge with the highest points will gain the top 10 spots on the leaderboard. At the end of the competition period, the top 10 on the leaderboard will each win 1 $50 San Churro eGift Card.
e. Winners will be emailed a message with the details of their prize after the closing date of the competition on 21st December 2022. The ten (10) winners will receive one (1) San Churro eGift Card valued at $50 each. The San Churro eGift Card will be emailed to the provided email address. San Churro eGift Cards are valid for 36 months and are redeemable at any San Churro store Australia-wide or online via order.sanchurro.com for menu or retail items. The prizes are not transferable for cash and no substitutions are allowed. Any unclaimed prizes will be forfeited. There will be no second chance draws. San Churro accepts no responsibility for any variation in the prize value from day to day during the promotion period. Prizes or any unused portion of a prize are not transferable or exchangeable and cannot be taken as cash.
f. If any winner chooses not to take their prize, or is unable to, or does not take or claim a prize by the time specified by the Promoter, or is unavailable, they forfeit the prize and the Promoter is not obliged to substitute the prize.

13. The Promotion is a game of skill.
14. The winners will be the 10 entrants who gain the top 10 spots on the leaderboard on the closing date of the competition. The winners will be notified in writing within 2 business days of the competition ending and published on sanchurro.com/terms-conditions within 7 business days of the prize draw.
15. The Prize consists of the following:
(i) Ten (10) winners will receive one (1) San Churro eGift Card

16.  Each San Churro eGift Card is valued at $50.00 AUD

17.  Total prize pool is $500 AUD

TERMS AND CONDITIONS

TERMS OF ENTRY

These Terms and Conditions must be read together with the Schedule for this Promotion. The Schedule defines certain terminology used in these Terms and Conditions.
1. Entry to the Promotion constitutes acceptance of these Terms and Conditions. By entering the Promotion, entrants accept and acknowledge full responsibility for their decision to participate in the Promotion and to take the Prize if they are the winner.
2. To the extent of any inconsistency between the Schedule and these Terms and Conditions, the Schedule prevails.
3. All entry instructions and prize information published by the Promoter form part of these Terms and Conditions.

PROMOTION

1. The Promotion is conducted by the Promoter.
2. This Promotion will be advertised as outlined in the Methods of Advertisement.

ELIGIBLE ENTRANTS

1. Entry is open only to residents of the Eligible States and Territories who comply with the Entry Restrictions (if any).  Directors, officers, management, employees and other staff (and the immediate families of directors, officers, management, employees and other staff) of the Promoter or of its related bodies corporate, or of the Relevant Parties are ineligible to enter.
2. In the event entrants under the age of 18 are permitted to enter they must have permission from a parent or guardian to enter the Promotion and have obtained their consent to these terms and conditions.
3. Any person who is discovered to have used or attempted to use any more than one name in order to enter any Promotion run by the Promoter except in the case of a legal change of name in this Promotion is ineligible to enter this Promotion.
4. All entries to the Promotion may be subject to verification by the Promoter. An entrant must, within seven (7) days of being asked and at the Promoter’s cost, allow the Promoter to inspect and copy any documents that the Promoter may request establishing eligibility to enter the Promotion, including but not limited to receipts, evidence of age, residence and identity.
5. The Promoter may decide in its sole discretion which documents are considered suitable for establishing eligibility to enter or win. In the event that the winner cannot provide suitable proof of eligibility, they will forfeit the Prize in whole and no substitute or compensation will be offered.

ENTRY

1. Entry to the Promotion commences on the Commencement Date and closes on the Closing Date (the Promotion Period).
2. To enter the promotion, entrants must follow the Entry Method during the Promotion Period.
3. An entrant’s entry must not be:
   – late;
   – delayed;
   – incomplete;
   – incomprehensible;
   – unlawful or capable of violating any law or giving rise to a civil action;
   – obscene;
   – defamatory or libellous;
   – threatening or harassing;
   – pornographic or contain nudity;
   – hateful;
   – offensive against a person or group of persons on the grounds of age, colour, gender, national or ethnic origin, disability, race, religion or sexual preference;
   – incite or be capable of encouraging conduct that would be considered a criminal offence;
   – in violation of the social media guidelines, rules or terms of service of the relevant social media site or platform used to enter the Promotion.
4. An entrant may submit up to the Maximum Number of Entries. Multiple entries (where permitted) must be submitted separately and must independently comply with these Terms and Conditions.
5. The entrant warrants that their entry including the response and any photos, images or videos (“Entry Material”) is: their own original work; it is not copied in any manner from any other work; and does not infringe the copyright, moral rights, trademark rights or any other rights of any third party.
6. Entrants retain all ownership in their Entry Material. However, by submitting their Entry Material, entrants hereby grant the Promoter an irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of and display the Entry Material for the purposes of conducting and promoting this Promotion, awarding the Prize and advertising and marketing the Promoter or the Promotion on all media now known or later devised, in perpetuity.
7. By entering the Promotion, entrants consent to any use of their Entry material by the Promoter which may otherwise infringe an entrant’s moral rights in the Entry Material, including (without limitation):
   Exercising any of the rights in the Entry Material without identifying the entrant; and
   Using the Entry Material in any way that the Promoter sees fit, even if it results in derogatory treatment of the Entry Material (as defined in the Copyright Act 1968 (Cth)).
8. Each entrant warrants that:
   they have the full power and capacity to grant the rights, warranties and consents set out in these Terms and Conditions;
   the Entry Material is not, and its use by the Promoter (or the Relevant Parties) will not be, in breach of any third party intellectual property rights;
   they will fully indemnify the Promoter against any loss or damage suffered by the Promoter:
   in the event that any of the warranties given by the entrant are false;
   as a result of any breach of these Terms and Conditions by the entrant; and
   they have consent from each person appearing in the Entry Material (or if a person appearing in the Entry Material is under the age of 18, from that person’s parent or guardian).
9. Entrants must ensure that their entries are received by the Promoter during the Promotion Period. All entries are deemed to be received at the time of receipt by the Promoter, not the time of transmission by the entrant. The Promoter takes no responsibility for late, lost, illegible, corrupted or misdirected entries or for any delays or failures in any telecommunications services or equipment. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred.
10. If Entry is permitted via website or app is free. However, any costs associated with accessing a website or app in order to make their entry, are the responsibility of the person seeking access and are dependent on the service provider used.
11. Entrants must make their website or app entries manually. The Promoter may reject an entry if it reasonably forms the opinion that the entry has been made using automated entry means or by use of a computer entry service.
12. Should an entrant’s contact details change at any time between the date on which they enter the Promotion and the Unclaimed Prize Date, that entrant must notify the Promoter of their correct contact details immediately.
13. Any entry that is made on behalf of an entrant by a third party, or otherwise by proxy, will be invalid.
14. The Promoter may, at its absolute discretion, declare any or all entries made by an entrant to be invalid if the entrant:
    fails to establish their entitlement to win the Promotion to the Promoter’s satisfaction; or
    fails to produce items as required by these Terms and Conditions or produces items that appear to be illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way; or
    appears, to the Promoter, to have tampered with, or benefited from tampering with, the entry process; or
    has submitted an entry that is not in accordance with these Terms and Conditions.
15. By entering the Promotion, the winner and their guest agree that:
    if requested by the Promoter, the winner and their guest will:
    provide comments about the Promotion and/or a photograph or audio-visual clip of themselves; and
    participate in all promotional and publicity activity in connection with the Promotion;
    the Promoter may use their name, image, location, comments, photographs, Entry Material or clips (“Materials”) for publicity and promotional purposes in any form of media, without reference or compensation to the winner and their guest/s or any other person;
    the Promoter may use, reproduce, edit and communicate to the public the Materials at any time in any form of media;
    the Promoter may license, authorise or otherwise transfer the rights in the Materials to others (including the and Related Parties) to do the same; and
    the winner and their guest/s unconditionally and irrevocably consent to any act or omission that would otherwise infringe any of their moral rights in the Materials and waive all moral rights in the Materials.
16. Use or any publication of entries during or after the Promotion Period (in any form of media) does not mean that an entrant has been selected as a winner in the Promotion, and that entrant may not be awarded a Prize.

WINNERS & JUDGING

1. There will be the Number of Winner/s determined from all entries received during the Promotion Period.  Each winner will receive a Prize.
   Each winner will be determined on the Determination Date by the Promoter at Venga Pty Ltd ABN 48 111 298 830 (San Churro) Suite 1, Level 1, 281 Brunswick Street, Fitzroy, VIC 3065, Australia. Each valid entry will be individually judged (by representatives of the Promoter) based on the Judging Criteria.
2. The Promoter’s decisions are final and no correspondence will be entered into.
3. The winner will be notified by phone/email within 2 days of the Determination Date.
4. All reasonable attempts will be made to contact the winner. If the Prize is not claimed by the winner by the Unclaimed Prize Date, it will be awarded to another entrant by the Promoter on the Unclaimed Prize Date. The winner of the unclaimed Prize will be notified by phone/email within two (2) days of the Unclaimed Prize Date.

PRIZE

1. The Prize for this Promotion and the Total Prize Value is specified in the Schedule.
2. All Prize values are correct as at the Commencement Date and are reflective of the recommended retail price and are in Australian dollars. The Promoter takes no responsibility for any variations in the Prize values.
3. If a winner of a Prize is under the age of 18 years (where entry by persons under 18 is permitted):
   they must be accompanied on the Prize by a parent or legal guardian; or
   the Promoter may, at its discretion, award the Prize to the winner’s parent or guardian (who is aged over 18 years).
4. Any guest/s that accompany a winner on any element of the Prize must be over the age of 18, unless expressly stated otherwise.
5. The Prize must be taken as offered and cannot be varied. If the Prize (or any part of the Prize) is unavailable for any reason, the Promoter will, in its absolute discretion, substitute alternative goods or services of no lesser retail value and/or specification (subject to the approval of the authorities that have issued permits for the conduct of the Promotion). The Promoter accepts no other liability or responsibility for any loss incurred by the winner or any other party if the Prize (or any part of the Prize, if applicable) is unavailable for any reason.
6. The Prize cannot be refunded or exchanged and, except as expressly permitted by these Terms and Conditions, cannot be taken as a monetary payment.
7. Unless expressly stated all other costs and expenses associated with taking the Prize become the responsibility of the winner.
8. The Prize must be claimed by the winner by the Unclaimed Prize Date. All aspects of each Prize must be taken together as a package.  In the event that for any reason whatsoever the winner does not take the Prize or an element of the Prize at the time stipulated by the Promoter, the Prize or that element of the Prize will be forfeited by the winner.
9. The Prize may be transferred at the Promoter’s sole discretion. In the event that the Promoter exercises its discretion to allow the winner to transfer the Prize, the transfer will be on the condition that the transferee accepts all terms and conditions set out in these Terms and Conditions and the Promoter may require such acceptance in writing at its absolute discretion.
10. The winner is advised that tax implications may arise from them winning the Prize and they should seek independent financial advice prior to accepting the Prize. Where the operation of this Promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
    Once the Prize has left the Promoter’s/Prize supplier’s premises, the Promoter and the Relevant Parties will not be responsible for any delay in delivery or loss or damage to the Prize.
11. If the Determination Date or Unclaimed Prize Determination Date is a public holiday, the determination will be conducted on the following business day.
12. Any cash component of the Prize will be issued to the winner as a cheque in the winner’s name and crossed “not negotiable.”
13. The Prize will be awarded to the winner in the Promoter’s sole discretion.
14. Prizes may not, without the prior written consent of the Prize supplier and the Promoter, be resold or offered for resale at a premium (including via on-line auction sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services. If a Prize is sold or used in breach of this condition, the Promoter or the Prize supplier may, at their absolute discretion, withdraw the Prize. Where a ticket has been withdrawn in accordance with this clause no refund, substitute or compensation will be offered and the winner and any person who has purchased or otherwise bears that ticket may be refused entry.

General

1. The Promoter reserves the right to take any action necessary in its sole discretion at any time.
2. Entrants acknowledge that there may be inherent risks in some aspects of the Promotion and that participation in the Promotion and/or using the Prize may involve participating in dangerous activities. By entering this Promotion and/or accepting the Prize, entrants accept that risk.
3. The winner and their guests must declare to the Promoter and/or any prize supplier any health-related issues that may affect their safe participation in any part of the Promotion or Prize (where applicable) and obtain a written clearance from their doctor in this respect. The Promoter (upon consultation with any relevant qualified person) reserves the right to refuse to allow a winner or their guest to take part in an aspect of a Prize, if the Promoter determines, that a winner is not in the mental or physical condition necessary to be able to safely participate in that aspect Prize.
4. In order to participate in this Promotion and/or the activities which may be awarded as part of the Prize, the winner (and their guest/s, as applicable) must comply with applicable height, weight, health, fitness, skill, balance, dexterity and any other requirements normally associated with the particular activity.
5. It is the entrant’s responsibility to ensure that they (and their guest/s, as applicable) are sufficiently healthy and fit so as to safely participate in this Promotion, any Challenge and/or undertake the activities awarded as part of the Prize.
6. If the Promoter becomes aware after an entrant has won a Prize that the entrant has not complied with these Terms and Conditions, that entrant will have no entitlement to the Prize, even if the Promoter has announced them as a winner. That entrant will be required to return, refund or otherwise make restitution of the Prize.
7. The Promoter reserves the right to verify the validity of any entries and in its sole discretion, disqualify any or all entries from, and prohibit further participation in this Promotion by, any person who: (a) tampers with or benefits from any tampering with the entry process or with the operation of the Promotion; (b) acts in violation of these Terms and Conditions; (c) acts in a disruptive manner; (d) acts with the intent to annoy, abuse, threaten or harass any other person; or (e) engages in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
8. To the full extent permitted by the law the Promoter and the Relevant Parties will not be liable for any loss, damage, claim, cost, expense or personal injury suffered or sustained (including, but not limited to, that caused by any person’s negligence) by any entrant in connection with the Promotion or the Prize, including:
   – any indirect, economic or consequential loss or loss of profits;
   – any loss arising from the negligence of a Relevant Party; and
   – any liability for personal injury or death.
9. If, for any reason, the Promotion is not capable of running as planned, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other causes beyond the control of the Promoter that corrupt or affect the administration, security, fairness or integrity, or proper conduct of the Promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process or take any other action, including to cancel, terminate, modify, or suspend the Promotion (subject to any direction given under the relevant State/Territory permit regulations).
10. The winner acknowledges that the Prize may be subject to additional terms and conditions imposed by third parties. The winner and guest must become acquainted with any such additional terms and conditions prior to taking the Prize and the winner and guest agree to be bound by such terms and conditions.
11. The Promoter does not accept any responsibility and is not liable for any additional conditions imposed on the taking of the Prize, or for the breach of those conditions by any person.
12. Except for any liability which cannot be excluded by law, the Promoter is not responsible for:
    any problems or technical malfunction with any telephone network or lines, computer online systems, servers or providers, computer equipment, or software, or any technical problems or traffic congestion on any computer system or at any website, or any combination thereof, including (but not limited to) any injury or damage to participants or any other person’s property related to or resulting from participation in the Promotion;
    any incorrect or inaccurate information, caused either by users, by any of the equipment or programming associated with or used in connection with the Promotion, or by any technical error that may occur in the course of the Promotion; or
    any error; omission; interruption; deletion; defect; delay in operation or transmission; communications line failure; theft; or destruction or unauthorised access to, or alteration of, entries or entrants’ details.
13. Any attempt to cause damage to any website or the information on any website associated with this Promotion or to otherwise undermine the fair and legitimate operation of this Promotion may be a violation of criminal and civil laws. The Promoter reserves the right to seek damages in the fullest extent permitted by law in the event that any such attempt is made, whether or not that attempt results in any such damage, interference or undermining.
14. The Promoter and its associated agencies and companies make no warranties or representations about the fitness for purpose or suitability of any Prize and will not accept responsibility for the quality or fitness for any purpose of any Prize, or the failure of any Prize to be of merchantable quality. If liability under terms implied by legislation cannot be excluded, the liability of the Promoter and its associated agencies and companies is limited to re-supplying the relevant goods or services or paying the cost of replacing them.
15. These Terms and Conditions are governed by the laws of South Australia, Victoria, Tasmania, Australia Capital Territory, Northern Territory, New South Wales, Western Australia and Queensland. The Promoter and all entrants irrevocably submit to the non-exclusive jurisdiction of South Australia, Victoria, Tasmania, Australia Capital Territory, Northern Territory, New South Wales, Western Australia and Queensland.
16. These rules are Terms and Conditions and constitute the entire terms and conditions between the entrant and the Promoter with respect to the Promotion. The Promoter may alter, modify, or amend these Terms and Conditions at its sole discretion and will only provide entrants with notice of substantial amendments (subject to the approval of the authorities that have issued permits for the conduct of the Promotion).
    Except for the ‘Entry Material, all entries become the property of the Promoter.

PRIVACY

1. The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1988. Entrants’ personal information will be collected, used and disclosed as set out in the KOMO Digital Privacy Notice for this Promotion ({https://www.komo.digital/privacy-policy}) and the San Churro} Privacy Policy ({https://www.sanchurro.com/privacy-policy/}).
2. Each entrant must ensure that any other person whose personal details have been provided by the entrant to the Promoter for the purposes of the entrant’s participation in this Promotion has given their express consent for their details to be provided to the Promoter and any of the Related Parties and to be contacted by the Promoter or any of the Related Parties in relation to this Promotion.

Update on 5th January 2023: The competition has now closed. Congratulations to our winners Katherine, Kikki, Lisa, Michele, Mary, Roslyn, Katie, Kathy, Kylie, Livia, Deborah, Kristine, Michelle, Julia, May, Jasmin, Mary Jane, Megan P, Christopher, Bernie, Rosa, Helen C, Tanya, Tehani, Sarah, Maria, Greg, Fran S, Hannah, Taila, Rebecca, Melicia, Felicity, Fiona, Jackey, Roslyn, Alita, Danielle, Angela and Tatiana.

This Schedule together with the Terms and Conditions constitute the terms of entry for this Promotion. Please read the Terms and Conditions attached to this Schedule.

1. The Promotion is 30 Words or Less* – WIN 1 of 40 San Churro Picnic Packs Competition
2. The Promoter is Venga Pty Ltd ABN 48 111 298 830 (San Churro) Suite 1, Level 1, 281 Brunswick Street, Fitzroy, VIC 3065, Australia.
3. The competition is open to all Australian residents.
4. Entry is open to all ages; however, any entrant under 18 years of age requires parent/guardian consent prior to entering the Promotion.
5. Entry into the Promotion commences at 10:00am AEDT 29th November 2022.
6. Entry into the Promotion closes at 11:59pm AEDT 29th December 2022
7. Entry Method:
a. Go to La Churro Casa (lachurrocasa.sanchurro.com); and
b. Click on the Promotional link (30 words or less competition)
c. Complete all of the required data entry fields on the entry form (the Entry); and
d. Answer the ‘30 words or less’ question;
8. Entry to the Promotion is limited to one (1) entry per entrant, over the entire Promotion Period. Entrants may only win one (1) prize during the entire Promotion Period.
9. The competition is advertised via:
a. San Churro’s Facebook page;
b. San Churro’s Instagram page

10. Entry is via the Website at lachurroscasa.sanchurro.com
11. 30 Words or Less:
a. During the Promotion Period, participants will be able to participate in the 30 words or less card, where they will be required to answer the prompt, ‘Tell us your ‘Euro Summer’ inspired Aussie destination’.
b. Participants who respond to the prompt and then enter their personal details including their first name and email address will immediately be shown a message on the page notifying them they have been entered into the competition and are eligible for prizing.
c. At the end of the competition period, forty (40) winners will be chosen based on the best and most creative responses to the prompt as determined by the promoter.
d. Winners will be emailed a message with the details of their prize after the closing date of the competition on 30th December 2022. The forty (40) winners will win one (1) San Churro Picnic Blanket valued at $14.95 AUD each and one (1) coupon to redeem Churros Grazing Box valued at $59.95 each. The San Churro Picnic Blanket will be posted to each winners’ nominated postal address with a physical coupon to redeem one (1) Churros Grazing Box in-store. The coupon to redeem the Churros Grazing Box is valid until 30th April 2023 at 11:55pm. The coupon is redeemable at any San Churro store Australia-wide, in-store only. The prizes are not transferable for cash and no substitutions are allowed. Winners must claim their prize by responding to the email sent by marketing@sanchurro.com within 30 days. Any unclaimed prizes will be forfeited. There will be no second chance draws. San Churro accepts no responsibility for any variation in the prize value from day to day during the promotion period. Prizes or any unused portion of a prize are not transferable or exchangeable and cannot be taken as cash.

e. If any winner chooses not to take their prize, or is unable to, or does not take or claim a prize by the time specified by the Promoter, or is unavailable, they forfeit the prize and the Promoter is not obliged to substitute the prize.
F. The top forty (40) best answers to the prompt as determined by the Promoter will be shared on the San Churro social media channels.

12. The Promotion is a game of skill.
13. The winners will be the 40 (forty) entrants who, by the Promotor’s determination, provide the best response to the prompt. The winners will be notified via email within 2 business days of the draw and published on sanchurro.com/terms-conditions within 7 business days of the prize draw.
14. The Prize consists of the following:
(i) Forty (40) winners will receive one (1) San Churro Picnic Pack
15. Each San Churro Picnic Pack is valued at $74.90
16. Total prize pool is $2,996.00

TERMS AND CONDITIONS

TERMS OF ENTRY
These Terms and Conditions must be read together with the Schedule for this Promotion. The Schedule defines certain terminology used in these Terms and Conditions.
1. Entry to the Promotion constitutes acceptance of these Terms and Conditions. By entering the Promotion, entrants accept and acknowledge full responsibility for their decision to participate in the Promotion and to take the Prize if they are the winner.

2. To the extent of any inconsistency between the Schedule and these Terms and Conditions, the Schedule prevails.

3. All entry instructions and prize information published by the Promoter form part of these Terms and Conditions.

PROMOTION
1. The Promotion is conducted by the Promoter.

2. This Promotion will be advertised as outlined in the Methods of Advertisement.

ELIGIBLE ENTRANTS
1. Entry is open only to residents of the Eligible States and Territories who comply with the Entry Restrictions (if any). Directors, officers, management, employees and other staff (and the immediate families of directors, officers, management, employees and other staff) of the Promoter or of its related bodies corporate, or of the Relevant Parties are ineligible to enter.
2. In the event entrants under the age of 18 are permitted to enter they must have permission from a parent or guardian to enter the Promotion and have obtained their consent to these terms and conditions.
3. Any person who is discovered to have used or attempted to use any more than one name in order to enter any Promotion run by the Promoter except in the case of a legal change of name in this Promotion is ineligible to enter this Promotion.
4. All entries to the Promotion may be subject to verification by the Promoter. An entrant must, within seven (7) days of being asked and at the Promoter’s cost, allow the Promoter to inspect and copy any documents that the Promoter may request establishing eligibility to enter the Promotion, including but not limited to receipts, evidence of age, residence and identity.
5. The Promoter may decide in its sole discretion which documents are considered suitable for establishing eligibility to enter or win. In the event that the winner cannot provide suitable proof of eligibility, they will forfeit the Prize in whole and no substitute or compensation will be offered.

ENTRY
1. Entry to the Promotion commences on 29th November 2022 and closes on the Closing Date on 29th December 2022.
2. To enter the promotion, entrants must follow the Entry Method during the Promotion Period.
3. An entrant’s entry must not be:
a) late;
b) delayed;
c) incomplete;
d) incomprehensible;
e) unlawful or capable of violating any law or giving rise to a civil action;
f) obscene;
g) defamatory or libellous;
h) threatening or harassing;
i) pornographic or contain nudity;
j) hateful;
k) offensive against a person or group of persons on the grounds of age, colour, gender, national or ethnic origin, disability, race, religion or sexual preference;
l) incite or be capable of encouraging conduct that would be considered a criminal offence;
m) in violation of the social media guidelines, rules or terms of service of the relevant social media site or platform used to enter the Promotion.
An entrant may submit up to the Maximum Number of Entries. Multiple entries (where permitted) must be submitted separately and must independently comply with these Terms and Conditions.
4. The entrant warrants that their entry including the response and any photos, images or videos (“Entry Material”) is: their own original work; it is not copied in any manner from any other work; and does not infringe the copyright, moral rights, trademark rights or any other rights of any third party.
5. Entrants retain all ownership in their Entry Material. However, by submitting their Entry Material, entrants hereby grant the Promoter an irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of and display the Entry Material for the purposes of conducting and promoting this Promotion, awarding the Prize and advertising and marketing the Promoter or the Promotion on all media now known or later devised, in perpetuity.
6. By entering the Promotion, entrants consent to any use of their Entry material by the Promoter which may otherwise infringe an entrant’s moral rights in the Entry Material, including (without limitation):
a) Exercising any of the rights in the Entry Material without identifying the entrant; and
b) Using the Entry Material in any way that the Promoter sees fit, even if it results in derogatory treatment of the Entry Material (as defined in the Copyright Act 1968 (Cth)).
Each entrant warrants that:
a) they have the full power and capacity to grant the rights, warranties and consents set out in these Terms and Conditions;
b) the Entry Material is not, and its use by the Promoter (or the Relevant Parties) will not be, in breach of any third party intellectual property rights;
c) they will fully indemnify the Promoter against any loss or damage suffered by the Promoter:
i. in the event that any of the warranties given by the entrant are false;
ii. as a result of any breach of these Terms and Conditions by the entrant; and
d) they have consent from each person appearing in the Entry Material (or if a person appearing in the Entry Material is under the age of 18, from that person’s parent or guardian).
7. Entrants must ensure that their entries are received by the Promoter during the Promotion Period. All entries are deemed to be received at the time of receipt by the Promoter, not the time of transmission by the entrant. The Promoter takes no responsibility for late, lost, illegible, corrupted or misdirected entries or for any delays or failures in any telecommunications services or equipment. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred.
8. If Entry is permitted via website or app is free. However, any costs associated with accessing a website or app in order to make their entry, are the responsibility of the person seeking access and are dependent on the service provider used.
9. Entrants must make their website or app entries manually. The Promoter may reject an entry if it reasonably forms the opinion that the entry has been made using automated entry means or by use of a computer entry service.
Should an entrant’s contact details change at any time between the date on which they enter the Promotion and the Unclaimed Prize Date, that entrant must notify the Promoter of their correct contact details immediately.
10. Any entry that is made on behalf of an entrant by a third party, or otherwise by proxy, will be invalid.
11. The Promoter may, at its absolute discretion, declare any or all entries made by an entrant to be invalid if the entrant:
a) fails to establish their entitlement to win the Promotion to the Promoter’s satisfaction; or
b) fails to produce items as required by these Terms and Conditions or produces items that appear to be illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way; or
c) appears, to the Promoter, to have tampered with, or benefited from tampering with, the entry process; or
d) has submitted an entry that is not in accordance with these Terms and Conditions.
12. By entering the Promotion, the winner and their guest agree that:
a) if requested by the Promoter, the winner and their guest will:
i. provide comments about the Promotion and/or a photograph or audio-visual clip of themselves; and
ii. participate in all promotional and publicity activity in connection with the Promotion;
b) the Promoter may use their name, image, location, comments, photographs, Entry Material or clips (“Materials”) for publicity and promotional purposes in any form of media, without reference or compensation to the winner and their guest/s or any other person;
c) the Promoter may use, reproduce, edit and communicate to the public the Materials at any time in any form of media;
d) the Promoter may license, authorise or otherwise transfer the rights in the Materials to others (including the and Related Parties) to do the same; and
e) the winner and their guest/s unconditionally and irrevocably consent to any act or omission that would otherwise infringe any of their moral rights in the Materials and waive all moral rights in the Materials.
13. Use or any publication of entries during or after the Promotion Period (in any form of media) does not mean that an entrant has been selected as a winner in the Promotion, and that entrant may not be awarded a Prize.

WINNERS & JUDGING
1. There will be forty (40) Winners determined from all entries received during the Promotion Period. Each winner will receive a Prize.
2. Each winner will be determined on the Determination Date by the Promoter at Venga Pty Ltd ABN 48 111 298 830 (San Churro) Suite 1, Level 1, 281 Brunswick Street, Fitzroy, VIC 3065, Australia. Each valid entry will be individually judged (by representatives of the Promoter) based on the Judging Criteria.
3. The Promoter’s decisions are final and no correspondence will be entered into.
4. The winner will be notified by email within 7 days of the Determination Date.
5. All reasonable attempts will be made to contact the winner. If the winner does not claim their prize, there will be no second prize draw.
PRIZE
1. The Prize for this Promotion and the Total Prize Value is specified in the Schedule.
2. All Prize values are correct as at the Commencement Date and are reflective of the recommended retail price and are in Australian dollars. The Promoter takes no responsibility for any variations in the Prize values.
3. If a winner of a Prize is under the age of 18 years (where entry by persons under 18 is permitted):
they must be accompanied on the Prize by a parent or legal guardian; or
the Promoter may, at its discretion, award the Prize to the winner’s parent or guardian (who is aged over 18 years).
4. Any guest/s that accompany a winner on any element of the Prize must be over the age of 18, unless expressly stated otherwise.
5. The Prize must be taken as offered and cannot be varied. If the Prize (or any part of the Prize) is unavailable for any reason, the Promoter will, in its absolute discretion, substitute alternative goods or services of no lesser retail value and/or specification (subject to the approval of the authorities that have issued permits for the conduct of the Promotion). The Promoter accepts no other liability or responsibility for any loss incurred by the winner or any other party if the Prize (or any part of the Prize, if applicable) is unavailable for any reason.
6. The Prize cannot be refunded or exchanged and, except as expressly permitted by these Terms and Conditions, cannot be taken as a monetary payment.
7. Unless expressly stated all other costs and expenses associated with taking the Prize become the responsibility of the winner.
8. The Prize must be claimed by the winner by the Unclaimed Prize Date. 9. All aspects of each Prize must be taken together as a package. In the event that for any reason whatsoever the winner does not take the Prize or an element of the Prize at the time stipulated by the Promoter, the Prize or that element of the Prize will be forfeited by the winner.
10. The Prize may be transferred at the Promoter’s sole discretion. In the event that the Promoter exercises its discretion to allow the winner to transfer the Prize, the transfer will be on the condition that the transferee accepts all terms and conditions set out in these Terms and Conditions and the Promoter may require such acceptance in writing at its absolute discretion.
11. The winner is advised that tax implications may arise from them winning the Prize and they should seek independent financial advice prior to accepting the Prize. Where the operation of this Promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
12. Once the Prize has left the Promoter’s/Prize supplier’s premises, the Promoter and the Relevant Parties will not be responsible for any delay in delivery or loss or damage to the Prize.
13. If the Determination Date or Unclaimed Prize Determination Date is a public holiday, the determination will be conducted on the following business day.
14. The Prize cannot be used in conjunction with any other discounts or special offers.
15. Any cash component of the Prize will be issued to the winner as a cheque in the winner’s name and crossed “not negotiable.”
16. The Prize will be awarded to the winner in the Promoter’s sole discretion.
17. Prizes may not, without the prior written consent of the Prize supplier and the Promoter, be resold or offered for resale at a premium (including via on-line auction sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services. If a Prize is sold or used in breach of this condition, the Promoter or the Prize supplier may, at their absolute discretion, withdraw the Prize. Where a ticket has been withdrawn in accordance with this clause no refund, substitute or compensation will be offered and the winner and any person who has purchased or otherwise bears that ticket may be refused entry.
General
1. The Promoter reserves the right to take any action necessary in its sole discretion at any time.
2. Entrants acknowledge that there may be inherent risks in some aspects of the Promotion and that participation in the Promotion and/or using the Prize may involve participating in dangerous activities. By entering this Promotion and/or accepting the Prize, entrants accept that risk.
3. The winner and their guests must declare to the Promoter and/or any prize supplier any health-related issues that may affect their safe participation in any part of the Promotion or Prize (where applicable) and obtain a written clearance from their doctor in this respect. The Promoter (upon consultation with any relevant qualified person) reserves the right to refuse to allow a winner or their guest to take part in an aspect of a Prize, if the Promoter determines that a winner is not in the mental or physical condition necessary to be able to safely participate in that aspect Prize.
4. In order to participate in this Promotion and/or the activities which may be awarded as part of the Prize, the winner (and their guest/s, as applicable) must comply with applicable height, weight, health, fitness, skill, balance, dexterity and any other requirements normally associated with the particular activity.
5. It is the entrant’s responsibility to ensure that they (and their guest/s, as applicable) are sufficiently healthy and fit so as to safely participate in this Promotion, any Challenge and/or undertake the activities awarded as part of the Prize.
6. If the Promoter becomes aware after an entrant has won a Prize that the entrant has not complied with these Terms and Conditions, that entrant will have no entitlement to the Prize, even if the Promoter has announced them as a winner. That entrant will be required to return, refund or otherwise make restitution of the Prize.
7. The Promoter reserves the right to verify the validity of any entries and in its sole discretion, disqualify any or all entries from, and prohibit further participation in this Promotion by, any person who: (a) tampers with or benefits from any tampering with the entry process or with the operation of the Promotion; (b) acts in violation of these Terms and Conditions; (c) acts in a disruptive manner; (d) acts with the intent to annoy, abuse, threaten or harass any other person; or (e) engages in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
8. To the full extent permitted by the law the Promoter and the Relevant Parties will not be liable for any loss, damage, claim, cost, expense or personal injury suffered or sustained (including, but not limited to, that caused by any person’s negligence) by any entrant in connection with the Promotion or the Prize, including: any indirect, economic or consequential loss or loss of profits; any loss arising from the negligence of a Relevant Party; and any liability for personal injury or death.
9. If, for any reason, the Promotion is not capable of running as planned, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other causes beyond the control of the Promoter that corrupt or affect the administration, security, fairness or integrity, or proper conduct of the Promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process or take any other action, including to cancel, terminate, modify, or suspend the Promotion (subject to any direction given under the relevant State/Territory permit regulations).
10. The winner acknowledges that the Prize may be subject to additional terms and conditions imposed by third parties. The winner and guest must become acquainted with any such additional terms and conditions prior to taking the Prize and the winner and guest agree to be bound by such terms and conditions. The Promoter does not accept any responsibility and is not liable for any additional conditions imposed on the taking of the Prize, or for the breach of those conditions by any person.
11. Except for any liability which cannot be excluded by law, the Promoter is not responsible for: any problems or technical malfunction with any telephone network or lines, computer online systems, servers or providers, computer equipment, or software, or any technical problems or traffic congestion on any computer system or at any website, or any combination thereof, including (but not limited to) any injury or damage to participants or any other person’s property related to or resulting from participation in the Promotion; any incorrect or inaccurate information, caused either by users, by any of the equipment or programming associated with or used in connection with the Promotion, or by any technical error that may occur in the course of the Promotion; or
any error; omission; interruption; deletion; defect; delay in operation or transmission; communications line failure; theft; or destruction or unauthorised access to, or alteration of, entries or entrants’ details.
Any attempt to cause damage to any website or the information on any website associated with this Promotion or to otherwise undermine the fair and legitimate operation of this Promotion may be a violation of criminal and civil laws. The Promoter reserves the right to seek damages in the fullest extent permitted by law in the event that any such attempt is made, whether or not that attempt results in any such damage, interference or undermining.
12. The Promoter and its associated agencies and companies make no warranties or representations about the fitness for purpose or suitability of any Prize and will not accept responsibility for the quality or fitness for any purpose of any Prize, or the failure of any Prize to be of merchantable quality. If liability under terms implied by legislation cannot be excluded, the liability of the Promoter and its associated agencies and companies is limited to re-supplying the relevant goods or services or paying the cost of replacing them.
13. These Terms and Conditions are governed by the laws of South Australia, Victoria, Tasmania, Australia Capital Territory, Northern Territory, New South Wales, Western Australia and Queensland. The Promoter and all entrants irrevocably submit to the non-exclusive jurisdiction of South Australia, Victoria, Tasmania, Australia Capital Territory, Northern Territory, New South Wales, Western Australia and Queensland.
14. These rules are Terms and Conditions and constitute the entire terms and conditions between the entrant and the Promoter with respect to the Promotion. The Promoter may alter, modify, or amend these Terms and Conditions at its sole discretion and will only provide entrants with notice of substantial amendments (subject to the approval of the authorities that have issued permits for the conduct of the Promotion).
15. Except for the ‘Entry Material, all entries become the property of the Promoter.
PRIVACY
1. The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1988. Entrants’ personal information will be collected, used and disclosed as set out in the KOMO Digital Privacy Notice for this Promotion ({https://www.komo.digital/privacy-policy}) and the San Churro} Privacy Policy ({https://www.sanchurro.com/privacy-policy/}).
2. Each entrant must ensure that any other person whose personal details have been provided by the entrant to the Promoter for the purposes of the entrant’s participation in this Promotion has given their express consent for their details to be provided to the Promoter and any of the Related Parties and to be contacted by the Promoter or any of the Related Parties in relation to this Promotion.

*Offer available from 10 – 23 October 2022. Double Churros for a $2 donation applies to full priced Churros for One, Churros for Two and Kids Churros purchases only. Double Churros offer applies to the churros component only (excludes dip-cups and extras). Offer not available via third party delivery platforms. Not valid with any other offer, promotion or discount.

In addition to the Standard Competition Terms and Conditions, the below Specific Competition Terms apply. This competition (promotion) is open to residents in Australia only. 

Entry Mechanics: 

• The promotion runs from 9:00AM (AEDT) 11th October 2022 and closes at 11:59PM (AEDT) 25th October 2022 (the Promotional Period). Any entry received after the promotional period will be deemed invalid. No responsibility is accepted for late, lost, delayed or misdirected entries.
• To enter the competition, entrants must complete the San Churro Retail Survey (by invite only) and submit their full name, phone number and email address.
• Entrants are only eligible to enter once during the competition period.
• Eligible states are New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania and Australian Capital Territory. 
• Competition excludes residents of Northern Territory.

Prizes:

• Total prize pool is valued at AUD $500.
• Prizes consist of five (5) $100 San Churro eGift Cards
• Five (5) individuals will win one (1) prize during the promotional period.
• The San Churro eGift Card will be emailed to the provided email address.
• San Churro eGift Cards are valid for 36 months and are redeemable at any San Churro store Australia-wide or online via the San Churro app or at order.sanchurro.com for menu or retail items.
• All terms and conditions for Gift Cards apply and can be found at sanchurro.com/terms-conditions/ 
• The prizes are not transferable for cash and no substitutions are allowed.
• Any unclaimed prizes will be forfeited. There will be no second chance draws.
• San Churro accepts no responsibility for any variation in the prize value from day to day during the promotion period. Prizes or any unused portion of a prize are not transferable or exchangeable and cannot be taken as cash.

Prize Conditions:

• Each prize will be in the form of 1 x individual San Churro eGift Card valued at $100. The eGift Cards will be valid for 36 months from the date of issue.

Draw:

• The draw will take place at Suite 1, Level 1, 281 Brunswick Street, Fitzroy, VIC 3065, Australia.
• This is a game of chance with five entrants being chosen as a winner of each $100 San Churro eGift card. The winner will be chosen from all entries retrieved during the promotional period and will be selected by Google’s random number generator. The five (5) winners will be the entrants whose assigned numbers are picked one by one by the random number generator at the end of the competition period on 26th October 2022. 
• The winner will be notified via email at the end of the promotional period and announced on 26th October 2022.
• It is the sole responsibility of entrants to check their email to see if they are a winner in order to claim their prize.
• Winners will have 14 days from the notification email being sent that they are a winner to claim their prize. If the prize is unclaimed or the winning entrant is unable to satisfy these Terms and Conditions within 14 days of notification the prize will be forfeited. There will be no second chance prize draw.
• All reasonable attempts will be made to contact the winner.

*Valid between 1-14 August 2022 for new and existing el SOCIAL members. Limit one redemption per person. While stocks last and limited to 20,000 free coffees during the promotional period. To redeem, members must scan the offer barcode in the el SOCIAL app in-store when ordering. Not valid for delivery or online orders. Valid for one small coffee including milk options. Offer includes Cappuccino, Latte, Espresso/Short Black, Flat White, Piccolo, Long Black, Short Macchiato, Long Macchiato, Spanish Latte, Iced Latte, Iced Long Black and Toffee Nut Macadamia Latte. Offer excludes Chai Latte, Hot Chocolates, Mocha, Affogato, Iced Coffee, Iced Chocolate, Toffee Macadamia Iced Latte, Frappes and Teas. Excludes extras. Not valid with any other offer. No el SOCIAL points will be earned on this offer.

This Schedule together with the Terms and Conditions constitute the terms of entry for this Promotion. Please read the Terms and Conditions attached to this Schedule.

1. The Promotion is 30 Words or Less* – WIN 1 of 5 Father’s Day Prize Packs Competition

2. The Promoter is Venga Pty Ltd ABN 48 111 298 830 (San Churro) Suite 1, Level 1, 281 Brunswick Street, Fitzroy, VIC 3065, Australia. 

3. The competition is open to all Australian residents.

4. Entry is open to all ages; however, any entrant under 18 years of age requires parent/guardian consent prior to entering the Promotion.

5. Entry into the Promotion commences at 10:00am AEST 24th August 2022.

6. Entry into the Promotion closes at 11:59pm AEST 31st August 2022

7. Entry Method:

• Go to La Churro Casa  (lachurrocasa.sanchurro.com); and
• Click on the Promotional link (20 words or less competition)
• Complete all of the required data entry fields on the entry form (the Entry); and
• Answer the ‘30 words or less’ question;

8. Entry to the Promotion is limited to one (1) entry per entrant, over the entire Promotion Period. Entrants may only win one (1) prize during the entire Promotion Period.

9. The competition is advertised via:

9. • San Churro’s Facebook page;
   • San Churro’s Instagram page
10. Contacts in our database who have opted in to email communications from San Churro
11.   Entry is via the Website at lachurroscasa.sanchurro.com
12.   30 Words or Less:

• During the Promotion Period, participants will be able to participate in the 30 words or less card, where they will be required to answer the prompt, ‘Tell us your best dad joke’
•  Participants who respond to the prompt and then enter their personal details including their first name and email address will immediately be shown a message on the page notifying them they have been entered into the competition and are eligible for prizing.
• At the end of the competition period, five (5) winners will be chosen based on the best and most creative responses to the prompt as determined by the promoter.
• Winners will be emailed a message with the details of their prize after the closing date of the competition on 1st September 2022. The five (5) winners will win one (1) San Churro eGift Card valued at $50 AUD each. The San Churro eGift Card will be emailed to the provided email address. San Churro eGift Cards are valid for 36 months and are redeemable at any San Churro store Australia-wide or online via order.sanchurro.com for menu or retail items. The prizes are not transferable for cash and no substitutions are allowed. Any unclaimed prizes will be forfeited. There will be no second chance draws. San Churro accepts no responsibility for any variation in the prize value from day to day during the promotion period. Prizes or any unused portion of a prize are not transferable or exchangeable and cannot be taken as cash.
• If any winner chooses not to take their prize, or is unable to, or does not take or claim a prize by the time specified by the Promoter, or is unavailable, they forfeit the prize and the Promoter is not obliged to substitute the prize.
• The top five (5) best dad jokes as determined by the Promoter will be shared on the San Churro social media channels.

12. The Promotion is a game of skill.

13.The winners will be the 5 (five) entrants who, by the promotor’s determination, provide the best response to the prompt. The winners will be notified via email within 2 business days of the draw and published on sanchurro.com/terms-conditions within 7 business days of the prize draw.

14. The Prize consists of the following:

(i)  Five (5) winners will receive one (1) $50 San Churro eGift Card

15. Each eGift Card is valued at $50

16. Total prize pool is $250.50

TERMS AND CONDITIONS

TERMS OF ENTRY

1. These Terms and Conditions must be read together with the Schedule for this Promotion. The Schedule defines certain terminology used in these Terms and Conditions.
2. Entry to the Promotion constitutes acceptance of these Terms and Conditions. By entering the Promotion, entrants accept and acknowledge full responsibility for their decision to participate in the Promotion and to take the Prize if they are the winner.
3. To the extent of any inconsistency between the Schedule and these Terms and Conditions, the Schedule prevails. 
4. All entry instructions and prize information published by the Promoter form part of these Terms and Conditions.

PROMOTION

1. The Promotion is conducted by the Promoter.
2. This Promotion will be advertised as outlined in the Methods of Advertisement.

ELIGIBLE ENTRANTS

1. Entry is open only to residents of the Eligible States and Territories who comply with the Entry Restrictions (if any).  Directors, officers, management, employees and other staff (and the immediate families of directors, officers, management, employees and other staff) of the Promoter or of its related bodies corporate, or of the Relevant Parties are ineligible to enter.
2. In the event entrants under the age of 18 are permitted to enter they must have permission from a parent or guardian to enter the Promotion and have obtained their consent to these terms and conditions.
3. Any person who is discovered to have used or attempted to use any more than one name in order to enter any Promotion run by the Promoter except in the case of a legal change of name in this Promotion is ineligible to enter this Promotion.
4. All entries to the Promotion may be subject to verification by the Promoter. An entrant must, within seven (7) days of being asked and at the Promoter’s cost, allow the Promoter to inspect and copy any documents that the Promoter may request establishing eligibility to enter the Promotion, including but not limited to receipts, evidence of age, residence and identity.
5. The Promoter may decide in its sole discretion which documents are considered suitable for establishing eligibility to enter or win. In the event that the winner cannot provide suitable proof of eligibility, they will forfeit the Prize in whole and no substitute or compensation will be offered.

ENTRY

1. Entry to the Promotion commences on 24th August 2022 and closes on the Closing Date on 31st August 2022.
2. To enter the promotion, entrants must follow the Entry Method during the Promotion Period.
3. An entrant’s entry must not be:

1.           late;
2.           delayed;
3.            incomplete;
4.           incomprehensible;
5.           unlawful or capable of violating any law or giving rise to a civil action;
6.             obscene;
7.           defamatory or libellous;
8.           threatening or harassing;
9.             pornographic or contain nudity;
10.             hateful;
11.            offensive against a person or group of persons on the grounds of age, colour, gender, national or ethnic origin, disability, race, religion or sexual preference;
12.             incite or be capable of encouraging conduct that would be considered a criminal offence;
13.          in violation of the social media guidelines, rules or terms of service of the relevant social media site or platform used to enter the Promotion.

 4. An entrant may submit up to the Maximum Number of Entries. Multiple entries (where permitted) must be submitted separately and must independently comply with these Terms and Conditions.

5. The entrant warrants that their entry including the response and any photos, images or videos (“Entry Material”) is: their own original work; it is not copied in any manner from any other work; and does not infringe the copyright, moral rights, trademark rights or any other rights of any third party.

6. Entrants retain all ownership in their Entry Material. However, by submitting their Entry Material, entrants hereby grant the Promoter an irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of and display the Entry Material for the purposes of conducting and promoting this Promotion, awarding the Prize and advertising and marketing the Promoter or the Promotion on all media now known or later devised, in perpetuity.

7. By entering the Promotion, entrants consent to any use of their Entry material by the Promoter which may otherwise infringe an entrant’s moral rights in the Entry Material, including (without limitation):

a) Exercising any of the rights in the Entry Material without identifying the entrant; and

b) Using the Entry Material in any way that the Promoter sees fit, even if it results in derogatory treatment of the Entry Material (as defined in the Copyright Act 1968 (Cth)).

8. Each entrant warrants that:

a) they have the full power and capacity to grant the rights, warranties and consents set out in these Terms and Conditions;

b) the Entry Material is not, and its use by the Promoter (or the Relevant Parties) will not be, in breach of any third party intellectual property rights;

c) they will fully indemnify the Promoter against any loss or damage suffered by the Promoter: in the event that any of the warranties given by the entrant are false; as a result of any breach of these Terms and Conditions by the entrant; and

d) they have consent from each person appearing in the Entry Material (or if a person appearing in the Entry Material is under the age of 18, from that person’s parent or guardian).

9. Entrants must ensure that their entries are received by the Promoter during the Promotion Period. All entries are deemed to be received at the time of receipt by the Promoter, not the time of transmission by the entrant. The Promoter takes no responsibility for late, lost, illegible, corrupted or misdirected entries or for any delays or failures in any telecommunications services or equipment. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. 

10. If Entry is permitted via website or app is free. However, any costs associated with accessing a website or app in order to make their entry, are the responsibility of the person seeking access and are dependent on the service provider used. 

11. Entrants must make their website or app entries manually. The Promoter may reject an entry if it reasonably forms the opinion that the entry has been made using automated entry means or by use of a computer entry service.

12. Should an entrant’s contact details change at any time between the date on which they enter the Promotion and the Unclaimed Prize Date, that entrant must notify the Promoter of their correct contact details immediately.

13. Any entry that is made on behalf of an entrant by a third party, or otherwise by proxy, will be invalid.

14. The Promoter may, at its absolute discretion, declare any or all entries made by an entrant to be invalid if the entrant:

a) fails to establish their entitlement to win the Promotion to the Promoter’s satisfaction; or

b) fails to produce items as required by these Terms and Conditions or produces items that appear to be illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way; or

c) appears, to the Promoter, to have tampered with, or benefited from tampering with, the entry process; or

d) has submitted an entry that is not in accordance with these Terms and Conditions.

15. By entering the Promotion, the winner and their guest agree that:

16. a) if requested by the Promoter, the winner and their guest will: provide comments about the Promotion and/or a photograph or audio-visual clip of themselves; and participate in all promotional and publicity activity in connection with the Promotion;

b) the Promoter may use their name, image, location, comments, photographs, Entry Material or clips (“Materials”) for publicity and promotional purposes in any form of media, without reference or compensation to the winner and their guest/s or any other person;

c) the Promoter may use, reproduce, edit and communicate to the public the Materials at any time in any form of media;

d) the Promoter may license, authorise or otherwise transfer the rights in the Materials to others (including the and Related Parties) to do the same; and

e) the winner and their guest/s unconditionally and irrevocably consent to any act or omission that would otherwise infringe any of their moral rights in the Materials and waive all moral rights in the Materials.

17. Use or any publication of entries during or after the Promotion Period (in any form of media) does not mean that an entrant has been selected as a winner in the Promotion, and that entrant may not be awarded a Prize.

WINNERS & JUDGING

1. There will be 5 (five) Winner/s determined from all entries received during the Promotion Period.  Each winner will receive a Prize.
2. Each winner will be determined on the Determination Date by the Promoter at Venga Pty Ltd ABN 48 111 298 830 (San Churro) Suite 1, Level 1, 281 Brunswick Street, Fitzroy, VIC 3065, Australia. Each valid entry will be individually judged (by representatives of the Promoter) based on the Judging Criteria. 
3. The Promoter’s decisions are final and no correspondence will be entered into. 
4. The winner will be notified by email within 7 days of the Determination Date.
5. All reasonable attempts will be made to contact the winner. If the winner does not claim their prize, there will be no second prize draw.

PRIZE

1. The Prize for this Promotion and the Total Prize Value is specified in the Schedule.
2. All Prize values are correct as at the Commencement Date and are reflective of the recommended retail price and are in Australian dollars. The Promoter takes no responsibility for any variations in the Prize values.
3. If a winner of a Prize is under the age of 18 years (where entry by persons under 18 is permitted): they must be accompanied on the Prize by a parent or legal guardian; or the Promoter may, at its discretion, award the Prize to the winner’s parent or guardian (who is aged over 18 years).
4. Any guest/s that accompany a winner on any element of the Prize must be over the age of 18, unless expressly stated otherwise.
5. The Prize must be taken as offered and cannot be varied. If the Prize (or any part of the Prize) is unavailable for any reason, the Promoter will, in its absolute discretion, substitute alternative goods or services of no lesser retail value and/or specification (subject to the approval of the authorities that have issued permits for the conduct of the Promotion). The Promoter accepts no other liability or responsibility for any loss incurred by the winner or any other party if the Prize (or any part of the Prize, if applicable) is unavailable for any reason.
6. The Prize cannot be refunded or exchanged and, except as expressly permitted by these Terms and Conditions, cannot be taken as a monetary payment.
7. Unless expressly stated all other costs and expenses associated with taking the Prize become the responsibility of the winner.
8. The Prize must be claimed by the winner by the Unclaimed Prize Date. All aspects of each Prize must be taken together as a package.  In the event that for any reason whatsoever the winner does not take the Prize or an element of the Prize at the time stipulated by the Promoter, the Prize or that element of the Prize will be forfeited by the winner.
9. The Prize may be transferred at the Promoter’s sole discretion. In the event that the Promoter exercises its discretion to allow the winner to transfer the Prize, the transfer will be on the condition that the transferee accepts all terms and conditions set out in these Terms and Conditions and the Promoter may require such acceptance in writing at its absolute discretion.
10. The winner is advised that tax implications may arise from them winning the Prize and they should seek independent financial advice prior to accepting the Prize. Where the operation of this Promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
11. Once the Prize has left the Promoter’s/Prize supplier’s premises, the Promoter and the Relevant Parties will not be responsible for any delay in delivery or loss or damage to the Prize.
12. If the Determination Date or Unclaimed Prize Determination Date is a public holiday, the determination will be conducted on the following business day.
13. The Prize cannot be used in conjunction with any other discounts or special offers.
14. Any cash component of the Prize will be issued to the winner as a cheque in the winner’s name and crossed “not negotiable.”
15. The Prize will be awarded to the winner in the Promoter’s sole discretion.
16. Prizes may not, without the prior written consent of the Prize supplier and the Promoter, be resold or offered for resale at a premium (including via on-line auction sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services. If a Prize is sold or used in breach of this condition, the Promoter or the Prize supplier may, at their absolute discretion, withdraw the Prize. Where a ticket has been withdrawn in accordance with this clause no refund, substitute or compensation will be offered and the winner and any person who has purchased or otherwise bears that ticket may be refused entry.

General

1. The Promoter reserves the right to take any action necessary in its sole discretion at any time.
2. Entrants acknowledge that there may be inherent risks in some aspects of the Promotion and that participation in the Promotion and/or using the Prize may involve participating in dangerous activities. By entering this Promotion and/or accepting the Prize, entrants accept that risk.  
3. The winner and their guests must declare to the Promoter and/or any prize supplier any health-related issues that may affect their safe participation in any part of the Promotion or Prize (where applicable) and obtain a written clearance from their doctor in this respect. The Promoter (upon consultation with any relevant qualified person) reserves the right to refuse to allow a winner or their guest to take part in an aspect of a Prize, if the Promoter determines that a winner is not in the mental or physical condition necessary to be able to safely participate in that aspect Prize.
4. In order to participate in this Promotion and/or the activities which may be awarded as part of the Prize, the winner (and their guest/s, as applicable) must comply with applicable height, weight, health, fitness, skill, balance, dexterity and any other requirements normally associated with the particular activity. 
5. It is the entrant’s responsibility to ensure that they (and their guest/s, as applicable) are sufficiently healthy and fit so as to safely participate in this Promotion, any Challenge and/or undertake the activities awarded as part of the Prize. 
6. If the Promoter becomes aware after an entrant has won a Prize that the entrant has not complied with these Terms and Conditions, that entrant will have no entitlement to the Prize, even if the Promoter has announced them as a winner. That entrant will be required to return, refund or otherwise make restitution of the Prize.
7. The Promoter reserves the right to verify the validity of any entries and in its sole discretion, disqualify any or all entries from, and prohibit further participation in this Promotion by, any person who: (a) tampers with or benefits from any tampering with the entry process or with the operation of the Promotion; (b) acts in violation of these Terms and Conditions; (c) acts in a disruptive manner; (d) acts with the intent to annoy, abuse, threaten or harass any other person; or (e) engages in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
8. To the full extent permitted by the law the Promoter and the Relevant Parties will not be liable for any loss, damage, claim, cost, expense or personal injury suffered or sustained (including, but not limited to, that caused by any person’s negligence) by any entrant in connection with the Promotion or the Prize, including: any indirect, economic or consequential loss or loss of profits; any loss arising from the negligence of a Relevant Party; and any liability for personal injury or death.
9. If, for any reason, the Promotion is not capable of running as planned, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other causes beyond the control of the Promoter that corrupt or affect the administration, security, fairness or integrity, or proper conduct of the Promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process or take any other action, including to cancel, terminate, modify, or suspend the Promotion (subject to any direction given under the relevant State/Territory permit regulations).
10. The winner acknowledges that the Prize may be subject to additional terms and conditions imposed by third parties. The winner and guest must become acquainted with any such additional terms and conditions prior to taking the Prize and the winner and guest agree to be bound by such terms and conditions. The Promoter does not accept any responsibility and is not liable for any additional conditions imposed on the taking of the Prize, or for the breach of those conditions by any person.
11. Except for any liability which cannot be excluded by law, the Promoter is not responsible for: any problems or technical malfunction with any telephone network or lines, computer online systems, servers or providers, computer equipment, or software, or any technical problems or traffic congestion on any computer system or at any website, or any combination thereof, including (but not limited to) any injury or damage to participants or any other person’s property related to or resulting from participation in the Promotion; any incorrect or inaccurate information, caused either by users, by any of the equipment or programming associated with or used in connection with the Promotion, or by any technical error that may occur in the course of the Promotion; or any error; omission; interruption; deletion; defect; delay in operation or transmission; communications line failure; theft; or destruction or unauthorised access to, or alteration of, entries or entrants’ details.
12. Any attempt to cause damage to any website or the information on any website associated with this Promotion or to otherwise undermine the fair and legitimate operation of this Promotion may be a violation of criminal and civil laws. The Promoter reserves the right to seek damages in the fullest extent permitted by law in the event that any such attempt is made, whether or not that attempt results in any such damage, interference or undermining.
13. The Promoter and its associated agencies and companies make no warranties or representations about the fitness for purpose or suitability of any Prize and will not accept responsibility for the quality or fitness for any purpose of any Prize, or the failure of any Prize to be of merchantable quality. If liability under terms implied by legislation cannot be excluded, the liability of the Promoter and its associated agencies and companies is limited to re-supplying the relevant goods or services or paying the cost of replacing them.
14. These Terms and Conditions are governed by the laws of South Australia. The Promoter and all entrants irrevocably submit to the non-exclusive jurisdiction of South Australia.
15. These rules are Terms and Conditions and constitute the entire terms and conditions between the entrant and the Promoter with respect to the Promotion. The Promoter may alter, modify, or amend these Terms and Conditions at its sole discretion and will only provide entrants with notice of substantial amendments (subject to the approval of the authorities that have issued permits for the conduct of the Promotion).
16. Except for the ‘Entry Material, all entries become the property of the Promoter.

PRIVACY

1. The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1988. Entrants’ personal information will be collected, used and disclosed as set out in the KOMO Digital Privacy Notice for this Promotion ({https://www.komo.digital/privacy-policy}) and the San Churro} Privacy Policy ({https://www.sanchurro.com/privacy-policy/}).
2. Each entrant must ensure that any other person whose personal details have been provided by the entrant to the Promoter for the purposes of the entrant’s participation in this Promotion has given their express consent for their details to be provided to the Promoter and any of the Related Parties and to be contacted by the Promoter or any of the Related Parties in relation to this Promotion.  

SCHEDULE

This Schedule together with the Terms and Conditions constitute the terms of entry for this Promotion. Please read the Terms and Conditions attached to this Schedule.

1. The Promotion is San Churro Live Trivia

2. The Promoter is Venga Pty Ltd ABN 48 111 298 830 (San Churro) Suite 1, Level 1, 281 Brunswick Street, Fitzroy, VIC 3065, Australia. 

3. Eligible states are New South Wales, Victoria, South Australia, Queensland, Western Australia, Tasmania, Northern Territory and Australian Capital Territory.

4. Entry restrictions:

1. Entrants must be 18 years of age or over / OR
2. Entry is open to all ages; however, any entrant under 18 years of age requires parent/guardian consent prior to entering the Promotion.

5. Entry into the Promotion commences at 10AM AEST on Monday 8th August 2022 (Commencement Date).

6. Entry into the Promotion closes at 11:59PM AEST on Tuesday 23rd August 2022 (Closing Date). (Collectively with §5, Promotion Period.)

7. Entry periods are:

1. Live Trivia One (The Coffee Lover’s Quiz): Entry Period – Start: 10AM AEST Monday 8th August 2022. Close: 11:59PM AEST 16th August 2022..
2. Live Trivia Two (The Ultimate San Churro Trivia): Entry Period – Start: 10AM AEST 16th August 2022. Close: 11:59PM AEST 23rd August 2022. [SH1]

8. Entry Method:

• Go to La Churro Casa  (lachurrocasa.sanchurro.com); and
• Click on the Promotional link (Live Trivia competition)
• Complete all of the required data entry fields on the entry form (the Entry); and
• Answer 9 questions in each Live Trivia within the dates outlined in section 7.;

9. Entry to the Promotion is limited to one (1) entry per entrant per Live Trivia, over the entire Promotion Period. Entrants may only win one (1) prize for each Live Trivia which means that an entrant could win up to two (2) prizes over the entire Promotion Period.

10. The competition is advertised via:

• San Churro’s Facebook page;
• San Churro’s Instagram page
• Contacts in our database who have opted in to email communications from San Churro

11. Entry is via the Website. The Website means the website located at lachurrocasa.sanchurro.com

12. Live Trivia:

a) During the Promotion Period, participants will be able to participate in the trivia game, where they will be required to answer a series of unique trivia questions (“the Trivia Game”). The Trivia game will open during the Promotion Period for entrants to complete their Entry into the Competition.

b) Points in the Trivia Game will be calculated based on (A) correct answers; and (B) the speed in which the trivia questions are answered. The faster an entrant selects a correct answer, the higher the score.

c) The participant(s) who achieves the highest number of points in each Trivia Game will be awarded the Major Prize(s).

i. For Live Trivia One, the Major Prize will be awarded to the one (1) participant who achieves the highest number of points at the conclusion of the Live Trivia Game.

ii. . For Live Trivia Two, the Major Prize will be awarded to the five (5) participants who achieve the five (5) highest number of points at the conclusion of the Live Trivia Game. 

d) There will be no Secondary Prize.[SH2]

e) The promotion will utilise the Leaderboard card function, so the eligible contestant’s consent to having the first name entered on the Live Trivia form publicly visible on the associated Website.

f) If any winner chooses not to take their prize, or is unable to, or does not take or claim a prize by the time specified by the Promoter, or is unavailable, they forfeit the prize and the Promoter is not obliged to substitute the prize.

13. The Promotion is a game of skill[SH4] .

14. The winners will be the 1 (one) entrants (for Live Trivia One) and 5 (five) entrants (for Live Trivia Two) who, by the promotor’s determination, accumulate the highest number of points. The winners will be notified in writing within 2 business days of the draw and published on sanchurro.com/terms-conditions within 7 business days of the prize draw.

15. The Prize consists of the following:

(i)  The Prize for Live Trivia One is Free San Churro Coffee for a year. Specifically, this means the prize winner will be able to redeem one (1) Small Coffee in-store for dine-in or takeaway only from any San Churro store per day for 365 consecutive days. Each free Small Coffee must be redeemed on the day and cannot be rolled over or accumulated. Once the item is redeemed on any given day, the customer will need to wait until the next day to redeem again. The prize winner must be an el SOCIAL member and must have the San Churro app to access their prize. The prize winner can sign up via elsocial.sanchurro.com. Valid for one small coffee including milk options and other modifications including extra shots, decaf and extra syrup, however the offer excludes upsizing to a larger coffee size, which will be charged at a premium. Offer includes Cappuccino, Latte, Espresso/Short Black, Flat White, Piccolo, Long Black, Short Macchiato, Long Macchiato, Spanish Latte, Iced Latte and Iced Long Black. Offer excludes Chai Latte, Hot Chocolates, Mocha, Affogato, Iced Coffee, Iced Chocolate, Toffee Macadamia Iced Latte, Frappes and Teas.

(ii)     The Prize for Live Trivia Two is five (5) San Churro eGift Cards valued at $50 AUD each. San Churro eGift Cards are valid for 36 months and are redeemable at any San Churro store Australia-wide or online via order.sanchurro.com for menu or retail items. The prizes are not transferable for cash and no substitutions are allowed. The eGift Cards will be emailed to each winner’s nominated email address.

16. Total prize pool is for Live Trivia One is $1,569.50 AUD[SH5]. Total prize pool for Live Trivia Two is $250 AUD.

TERMS AND CONDITIONS

TERMS OF ENTRY

1.     These Terms and Conditions must be read together with the Schedule for this Promotion. The Schedule defines certain terminology used in these Terms and Conditions.
2.     Entry to the Promotion constitutes acceptance of these Terms and Conditions. By entering the Promotion, entrants accept and acknowledge full responsibility for their decision to participate in the Promotion and to take the Prize if they are the winner.
3.     To the extent of any inconsistency between the Schedule and these Terms and Conditions, the Schedule prevails. 
4.     All entry instructions and prize information published by the Promoter form part of these Terms and Conditions.

PROMOTION

5.     The Promotion is conducted by the Promoter.
6.     This Promotion will be advertised as outlined in the Methods of Advertisement.

ELIGIBLE ENTRANTS

7.     Entry is open only to residents of the Eligible States and Territories who comply with the Entry Restrictions (if any).  Directors, officers, management, employees and other staff (and the immediate families of directors, officers, management, employees and other staff) of the Promoter or of its related bodies corporate, or of the Relevant Parties are ineligible to enter.
8.     In the event entrants under the age of 18 are permitted to enter they must have permission from a parent or guardian to enter the Promotion and have obtained their consent to these terms and conditions.
9.     Any person who is discovered to have used or attempted to use any more than one name in order to enter any Promotion run by the Promoter except in the case of a legal change of name in this Promotion is ineligible to enter this Promotion.
10.   All entries to the Promotion may be subject to verification by the Promoter. An entrant must, within seven (7) days of being asked and at the Promoter’s cost, allow the Promoter to inspect and copy any documents that the Promoter may request establishing eligibility to enter the Promotion, including but not limited to receipts, evidence of age, residence and identity.
11.   The Promoter may decide in its sole discretion which documents are considered suitable for establishing eligibility to enter or win. In the event that the winner cannot provide suitable proof of eligibility, they will forfeit the Prize in whole and no substitute or compensation will be offered.

ENTRY

12.   Entry to the Promotion commences on the Commencement Date and closes on the Closing Date (the Promotion Period).
13.   To enter the promotion, entrants must follow the Entry Method during the Promotion Period.
14.   An entrant’s entry must not be:

a)       late;

b)       delayed;

c)       incomplete;

d)       incomprehensible;

e)       unlawful or capable of violating any law or giving rise to a civil action;

f)        obscene;

g)       defamatory or libellous;

h)       threatening or harassing;

i)        pornographic or contain nudity;

j)        hateful;

k)       offensive against a person or group of persons on the grounds of age, colour, gender, national or ethnic origin, disability, race, religion or sexual preference;

l)        incite or be capable of encouraging conduct that would be considered a criminal offence;

m)     in violation of the social media guidelines, rules or terms of service of the relevant social media site or platform used to enter the Promotion.

15. An entrant may submit up to the Maximum Number of Entries. Multiple entries (where permitted) must be submitted separately and must independently comply with these Terms and Conditions.

16. The entrant warrants that their entry including the response and any photos, images or videos (“Entry Material”) is: their own original work; it is not copied in any manner from any other work; and does not infringe the copyright, moral rights, trademark rights or any other rights of any third party.

17. Entrants retain all ownership in their Entry Material. However, by submitting their Entry Material, entrants hereby grant the Promoter an irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of and display the Entry Material for the purposes of conducting and promoting this Promotion, awarding the Prize and advertising and marketing the Promoter or the Promotion on all media now known or later devised, in perpetuity.

18. By entering the Promotion, entrants consent to any use of their Entry material by the Promoter which may otherwise infringe an entrant’s moral rights in the Entry Material, including (without limitation):

a)       Exercising any of the rights in the Entry Material without identifying the entrant; and

b)       Using the Entry Material in any way that the Promoter sees fit, even if it results in derogatory treatment of the Entry Material (as defined in the Copyright Act 1968 (Cth)).

19. Each entrant warrants that:

a)       they have the full power and capacity to grant the rights, warranties and consents set out in these Terms and Conditions;

b)       the Entry Material is not, and its use by the Promoter (or the Relevant Parties) will not be, in breach of any third party intellectual property rights;

c)       they will fully indemnify the Promoter against any loss or damage suffered by the Promoter:

i. in the event that any of the warranties given by the entrant are false;

ii. as a result of any breach of these Terms and Conditions by the entrant; and

d)       they have consent from each person appearing in the Entry Material (or if a person appearing in the Entry Material is under the age of 18, from that person’s parent or guardian).

20. Entrants must ensure that their entries are received by the Promoter during the Promotion Period. All entries are deemed to be received at the time of receipt by the Promoter, not the time of transmission by the entrant. The Promoter takes no responsibility for late, lost, illegible, corrupted or misdirected entries or for any delays or failures in any telecommunications services or equipment. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. 

21. If Entry is permitted via website or app is free. However, any costs associated with accessing a website or app in order to make their entry, are the responsibility of the person seeking access and are dependent on the service provider used. 

22. Entrants must make their website or app entries manually. The Promoter may reject an entry if it reasonably forms the opinion that the entry has been made using automated entry means or by use of a computer entry service.

23. Should an entrant’s contact details change at any time between the date on which they enter the Promotion and the Unclaimed Prize Date, that entrant must notify the Promoter of their correct contact details immediately.

24. Any entry that is made on behalf of an entrant by a third party, or otherwise by proxy, will be invalid.

25. The Promoter may, at its absolute discretion, declare any or all entries made by an entrant to be invalid if the entrant:

a)       fails to establish their entitlement to win the Promotion to the Promoter’s satisfaction; or

b)       fails to produce items as required by these Terms and Conditions or produces items that appear to be illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way; or

c)       appears, to the Promoter, to have tampered with, or benefited from tampering with, the entry process; or

d)       has submitted an entry that is not in accordance with these Terms and Conditions.

26. By entering the Promotion, the winner and their guest agree that:

a)       if requested by the Promoter, the winner and their guest will:

i. provide comments about the Promotion and/or a photograph or audio-visual clip of themselves; and

ii. participate in all promotional and publicity activity in connection with the Promotion;

b)       the Promoter may use their name, image, location, comments, photographs, Entry Material or clips (“Materials”) for publicity and promotional purposes in any form of media, without reference or compensation to the winner and their guest/s or any other person;

c)       the Promoter may use, reproduce, edit and communicate to the public the Materials at any time in any form of media;

d)       the Promoter may license, authorise or otherwise transfer the rights in the Materials to others (including the and Related Parties) to do the same; and

e)       the winner and their guest/s unconditionally and irrevocably consent to any act or omission that would otherwise infringe any of their moral rights in the Materials and waive all moral rights in the Materials.

27.   Use or any publication of entries during or after the Promotion Period (in any form of media) does not mean that an entrant has been selected as a winner in the Promotion, and that entrant may not be awarded a Prize.

WINNERS & JUDGING

28.   There will be the Number of Winner/s determined from all entries received during the Promotion Period.  Each winner will receive a Prize.
29.   Each winner will be determined on the Determination Date by the Promoter at Venga Pty Ltd ABN 48 111 298 830 (San Churro) Suite 1, Level 1, 281 Brunswick Street, Fitzroy, VIC 3065, Australia. Each valid entry will be individually judged (by representatives of the Promoter) based on the Judging Criteria. 
30.   The Promoter’s decisions are final and no correspondence will be entered into. 
31.   The winner will be notified by phone/email within 3 business days of the Determination Date.
32.   All reasonable attempts will be made to contact the winner. If the Prize is not claimed by the winner by the Unclaimed Prize Date, it will be awarded to another entrant by the Promoter on the Unclaimed Prize Date. The winner of the unclaimed Prize will be notified by phone/email within two (2) days of the Unclaimed Prize Date.

PRIZE

33.   The Prize for this Promotion and the Total Prize Value is specified in the Schedule.
34.   All Prize values are correct as at the Commencement Date and are reflective of the recommended retail price and are in Australian dollars. The Promoter takes no responsibility for any variations in the Prize values.
35.   If a winner of a Prize is under the age of 18 years (where entry by persons under 18 is permitted):

a)       they must be accompanied on the Prize by a parent or legal guardian; or

b)       the Promoter may, at its discretion, award the Prize to the winner’s parent or guardian (who is aged over 18 years).

36.   Any guest/s that accompany a winner on any element of the Prize must be over the age of 18, unless expressly stated otherwise.

37.   The Prize must be taken as offered and cannot be varied. If the Prize (or any part of the Prize) is unavailable for any reason, the Promoter will, in its absolute discretion, substitute alternative goods or services of no lesser retail value and/or specification (subject to the approval of the authorities that have issued permits for the conduct of the Promotion). The Promoter accepts no other liability or responsibility for any loss incurred by the winner or any other party if the Prize (or any part of the Prize, if applicable) is unavailable for any reason.

38.   The Prize cannot be refunded or exchanged and, except as expressly permitted by these Terms and Conditions, cannot be taken as a monetary payment.

39.   Unless expressly stated all other costs and expenses associated with taking the Prize become the responsibility of the winner.

40. The Prize must be claimed by the winner by the Unclaimed Prize Date. All aspects of each Prize must be taken together as a package.  In the event that for any reason whatsoever the winner does not take the Prize or an element of the Prize at the time stipulated by the Promoter, the Prize or that element of the Prize will be forfeited by the winner.

41. The Prize may be transferred at the Promoter’s sole discretion. In the event that the Promoter exercises its discretion to allow the winner to transfer the Prize, the transfer will be on the condition that the transferee accepts all terms and conditions set out in these Terms and Conditions and the Promoter may require such acceptance in writing at its absolute discretion.

42. The winner is advised that tax implications may arise from them winning the Prize and they should seek independent financial advice prior to accepting the Prize. Where the operation of this Promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.

43. Once the Prize has left the Promoter’s/Prize supplier’s premises, the Promoter and the Relevant Parties will not be responsible for any delay in delivery or loss or damage to the Prize.

44.  If the Determination Date or Unclaimed Prize Determination Date is a public holiday, the determination will be conducted on the following business day.

45. Any cash component of the Prize will be issued to the winner as a cheque in the winner’s name and crossed “not negotiable.”

46. The Prize will be awarded to the winner in the Promoter’s sole discretion.

47. Prizes may not, without the prior written consent of the Prize supplier and the Promoter, be resold or offered for resale at a premium (including via on-line auction sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services. If a Prize is sold or used in breach of this condition, the Promoter or the Prize supplier may, at their absolute discretion, withdraw the Prize. Where a ticket has been withdrawn in accordance with this clause no refund, substitute or compensation will be offered and the winner and any person who has purchased or otherwise bears that ticket may be refused entry.

General

48. The Promoter reserves the right to take any action necessary in its sole discretion at any time.

49. Entrants acknowledge that there may be inherent risks in some aspects of the Promotion and that participation in the Promotion and/or using the Prize may involve participating in dangerous activities. By entering this Promotion and/or accepting the Prize, entrants accept that risk.

50. The winner and their guests must declare to the Promoter and/or any prize supplier any health-related issues that may affect their safe participation in any part of the Promotion or Prize (where applicable) and obtain a written clearance from their doctor in this respect. The Promoter (upon consultation with any relevant qualified person) reserves the right to refuse to allow a winner or their guest to take part in an aspect of a Prize, if the Promoter determines, that a winner is not in the mental or physical condition necessary to be able to safely participate in that aspect Prize.

51. In order to participate in this Promotion and/or the activities which may be awarded as part of the Prize, the winner (and their guest/s, as applicable) must comply with applicable height, weight, health, fitness, skill, balance, dexterity and any other requirements normally associated with the particular activity. 

52. It is the entrant’s responsibility to ensure that they (and their guest/s, as applicable) are sufficiently healthy and fit so as to safely participate in this Promotion, any Challenge and/or undertake the activities awarded as part of the Prize. 

53. If the Promoter becomes aware after an entrant has won a Prize that the entrant has not complied with these Terms and Conditions, that entrant will have no entitlement to the Prize, even if the Promoter has announced them as a winner. That entrant will be required to return, refund or otherwise make restitution of the Prize.

54. The Promoter reserves the right to verify the validity of any entries and in its sole discretion, disqualify any or all entries from, and prohibit further participation in this Promotion by, any person who: (a) tampers with or benefits from any tampering with the entry process or with the operation of the Promotion; (b) acts in violation of these Terms and Conditions; (c) acts in a disruptive manner; (d) acts with the intent to annoy, abuse, threaten or harass any other person; or (e) engages in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

55.   To the full extent permitted by the law the Promoter and the Relevant Parties will not be liable for any loss, damage, claim, cost, expense or personal injury suffered or sustained (including, but not limited to, that caused by any person’s negligence) by any entrant in connection with the Promotion or the Prize, including:

a)       any indirect, economic or consequential loss or loss of profits;

b)       any loss arising from the negligence of a Relevant Party; and

c)       any liability for personal injury or death.

56.   If, for any reason, the Promotion is not capable of running as planned, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other causes beyond the control of the Promoter that corrupt or affect the administration, security, fairness or integrity, or proper conduct of the Promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process or take any other action, including to cancel, terminate, modify, or suspend the Promotion (subject to any direction given under the relevant State/Territory permit regulations).

57. The winner acknowledges that the Prize may be subject to additional terms and conditions imposed by third parties. The winner and guest must become acquainted with any such additional terms and conditions prior to taking the Prize and the winner and guest agree to be bound by such terms and conditions. The Promoter does not accept any responsibility and is not liable for any additional conditions imposed on the taking of the Prize, or for the breach of those conditions by any person.

58.   Except for any liability which cannot be excluded by law, the Promoter is not responsible for:

a)       any problems or technical malfunction with any telephone network or lines, computer online systems, servers or providers, computer equipment, or software, or any technical problems or traffic congestion on any computer system or at any website, or any combination thereof, including (but not limited to) any injury or damage to participants or any other person’s property related to or resulting from participation in the Promotion;

b)       any incorrect or inaccurate information, caused either by users, by any of the equipment or programming associated with or used in connection with the Promotion, or by any technical error that may occur in the course of the Promotion; or

c)       any error; omission; interruption; deletion; defect; delay in operation or transmission; communications line failure; theft; or destruction or unauthorised access to, or alteration of, entries or entrants’ details.

59.   Any attempt to cause damage to any website or the information on any website associated with this Promotion or to otherwise undermine the fair and legitimate operation of this Promotion may be a violation of criminal and civil laws. The Promoter reserves the right to seek damages in the fullest extent permitted by law in the event that any such attempt is made, whether or not that attempt results in any such damage, interference or undermining.

60.   The Promoter and its associated agencies and companies make no warranties or representations about the fitness for purpose or suitability of any Prize and will not accept responsibility for the quality or fitness for any purpose of any Prize, or the failure of any Prize to be of merchantable quality. If liability under terms implied by legislation cannot be excluded, the liability of the Promoter and its associated agencies and companies is limited to re-supplying the relevant goods or services or paying the cost of replacing them.

61.   These Terms and Conditions are governed by the laws of Victoria, New South Wales, Queensland, the Australian Capital Territory, Western Australia and Tasmania. The Promoter and all entrants irrevocably submit to the non-exclusive jurisdiction of Victoria, New South Wales, Queensland, the Australian Capital Territory, Western Australia and Tasmania.

62.   These rules are Terms and Conditions and constitute the entire terms and conditions between the entrant and the Promoter with respect to the Promotion. The Promoter may alter, modify, or amend these Terms and Conditions at its sole discretion and will only provide entrants with notice of substantial amendments (subject to the approval of the authorities that have issued permits for the conduct of the Promotion).

63.   Except for the ‘Entry Material, all entries become the property of the Promoter.

PRIVACY

64.  The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1988. Entrants’ personal information will be collected, used and disclosed as set out in the KOMO Digital Privacy Notice for this Promotion (https://www.komo.digital/privacy-policy) and the San Churro Privacy Policy (https://www.sanchurro.com/privacy-policy/).

65.   Each entrant must ensure that any other person whose personal details have been provided by the entrant to the Promoter for the purposes of the entrant’s participation in this Promotion has given their express consent for their details to be provided to the Promoter and any of the Related Parties and to be contacted by the Promoter or any of the Related Parties in relation to this Promotion.

Valid between 22 August 2022 – 4 September 2022 at participating San Churro stores. Limit one redemption per person. While stocks last. Items in gift bag may be substituted for other items of similar value. Not valid for online orders or delivery. To redeem show this offer to staff when placing your order at the counter. Not valid with any other offer. No el SOCIAL loyalty points will be awarded on free item.

Offer available on Thursday 7 July 2022 at participating San Churro stores. Not valid at San Churro Woden or Erina Fair. Offer valid for new & existing el SOCIAL and Westfield Plus members only. New members can sign up via the el SOCIAL app or at elsocial.sanchurro.com. Limit one redemption per member. To redeem, present your offer barcode on your email or app to front counter staff. Valid for any regular size Hot Chocolate, excluding Marshmallow Bomb, Mocha and Hot & Cold. Valid for dine-in and takeaway orders and excludes delivery. Additional charge for extras and modifications. Not valid with any other offer. el SOCIAL points will not be earned on the discounted product.

Update on 16th June 2022: The competition has now closed. Congratulations to our winners Mukesh K, Carly S and Zahira K.

This Schedule together with the Terms and Conditions constitute the terms of entry for this Promotion. Please read the Terms and Conditions attached to this Schedule.

1. The Promotion is 20 Words or Less* – WIN 1 of 3 Brunch Packs Competition
2. The Promoter is Venga Pty Ltd ABN 48 111 298 830 (San Churro) Suite 1, Level 1, 281 Brunswick Street, Fitzroy, VIC 3065, Australia. 
3. The competition is open to residents of South Australia only. The competition excludes residents outside of South Australia.
4. Entry is open to all ages; however, any entrant under 18 years of age requires parent/guardian consent prior to entering the Promotion.
5. Entry into the Promotion commences at 10:00am AEST 8th June 2022.
6. Entry into the Promotion closes at 11:55pm AEST 15th June 2022
7. Entry Method:

a) Go to La Churro Casa  (lachurrocasa.sanchurro.com); and

b) Click on the Promotional link (20 words or less competition)

c) Complete all of the required data entry fields on the entry form (the Entry); and

d) Answer the ‘20 words or less’ question;

8. Entry to the Promotion is limited to one (1) entry per entrant, over the entire Promotion Period. Entrants may only win one (1) prize during the entire Promotion Period.

9. The competition is advertised via:

a. San Churro’s Facebook page;

b. San Churro Rundle Street’s Facebook page

c. San Churro Marion’s Instagram page

d. San Churro Marion’s Facebook page

e. San Churro West Lakes’ Instagram page

f. San Churro West Lakes’ Facebook page

10. Entry is via the Website at lachurroscasa.sanchurro.com

11. 20 Words or Less:

•   During the Promotion Period, participants will be able to participate in the 20 words or less card, where they will be required to answer the prompt, ‘Who would you share a Brunch Pack with, and why?’
•   Participants who respond to the prompt and then enter their personal details including their first name and email address will immediately be shown a message on the page notifying them they have been entered into the competition and are eligible for prizing.
•   At the end of the competition period, three (3) winners will be chosen based on the best and most creative responses to the prompt as determined by the promoter.
•   Winners will be emailed a message with a link to their unique coupon on the closing date of the competition of 15th June 2022 which they can redeem at either San Churro West Lakes, San Churro Marion and San Churro Rundle Street.   The coupon will be valid for 1 x Brunch Pack (2 Fruit Croffles and 2 Cold Drinks)
•   The coupon is valid in-store only
•   The coupon expires on 11th July 11:55PM AEST
•   If any winner chooses not to take their prize, or is unable to, or does not take or claim a prize by the time specified by the Promoter, or is unavailable, they forfeit the prize and the Promoter is not obliged to substitute the prize.

12. The Promotion is a game of skill.

13. The winners will be the 3 (three) entrants who, by the promotor’s determination, provide the best response to the prompt. The winners will be notified via email within 2 business days of the draw and published on sanchurro.com/terms-conditions within 7 business days of the prize draw.

14. The Prize consists of the following:

(i)   3 prizes. Each consists of one “2 Fruit Croffles & 2 Cold Drinks” per winner

15. Each Brunch Pack is valued at $29.95 each

16. Total prize pool is $89.85

TERMS AND CONDITIONS

TERMS OF ENTRY

1. These Terms and Conditions must be read together with the Schedule for this Promotion. The Schedule defines certain terminology used in these Terms and Conditions.
2. Entry to the Promotion constitutes acceptance of these Terms and Conditions. By entering the Promotion, entrants accept and acknowledge full responsibility for their decision to participate in the Promotion and to take the Prize if they are the winner.
3. To the extent of any inconsistency between the Schedule and these Terms and Conditions, the Schedule prevails. 
4. All entry instructions and prize information published by the Promoter form part of these Terms and Conditions.

PROMOTION

5. The Promotion is conducted by the Promoter.

6. This Promotion will be advertised as outlined in the Methods of Advertisement.

ELIGIBLE ENTRANTS

7. Entry is open only to residents of the Eligible States and Territories who comply with the Entry Restrictions (if any).  Directors, officers, management, employees and other staff (and the immediate families of directors, officers, management, employees and other staff) of the Promoter or of its related bodies corporate, or of the Relevant Parties are ineligible to enter.

8. In the event entrants under the age of 18 are permitted to enter they must have permission from a parent or guardian to enter the Promotion and have obtained their consent to these terms and conditions.

9 Any person who is discovered to have used or attempted to use any more than one name in order to enter any Promotion run by the Promoter except in the case of a legal change of name in this Promotion is ineligible to enter this Promotion.

10. All entries to the Promotion may be subject to verification by the Promoter. An entrant must, within seven (7) days of being asked and at the Promoter’s cost, allow the Promoter to inspect and copy any documents that the Promoter may request establishing eligibility to enter the Promotion, including but not limited to receipts, evidence of age, residence and identity.

11. The Promoter may decide in its sole discretion which documents are considered suitable for establishing eligibility to enter or win. In the event that the winner cannot provide suitable proof of eligibility, they will forfeit the Prize in whole and no substitute or compensation will be offered.

ENTRY

12. Entry to the Promotion commences on 8th June 2022 and closes on the Closing Date on 15th June 2022.

13. To enter the promotion, entrants must follow the Entry Method during the Promotion Period.

14. An entrant’s entry must not be:

a)          late;

b)          delayed;

c)           incomplete;

d)          incomprehensible;

e)          unlawful or capable of violating any law or giving rise to a civil action;

f)            obscene;

g)          defamatory or libellous;

h)          threatening or harassing;

i)            pornographic or contain nudity;

j)            hateful;

k)           offensive against a person or group of persons on the grounds of age, colour, gender, national or ethnic origin, disability, race, religion or sexual preference;

l)            incite or be capable of encouraging conduct that would be considered a criminal offence;

m)         in violation of the social media guidelines, rules or terms of service of the relevant social media site or platform used to enter the Promotion.

15. An entrant may submit up to the Maximum Number of Entries. Multiple entries (where permitted) must be submitted separately and must independently comply with these Terms and Conditions.

16. The entrant warrants that their entry including the response and any photos, images or videos (“Entry Material”) is: their own original work; it is not copied in any manner from any other work; and does not infringe the copyright, moral rights, trademark rights or any other rights of any third party.

17. Entrants retain all ownership in their Entry Material. However, by submitting their Entry Material, entrants hereby grant the Promoter an irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of and display the Entry Material for the purposes of conducting and promoting this Promotion, awarding the Prize and advertising and marketing the Promoter or the Promotion on all media now known or later devised, in perpetuity.

18. By entering the Promotion, entrants consent to any use of their Entry material by the Promoter which may otherwise infringe an entrant’s moral rights in the Entry Material, including (without limitation):

a) Exercising any of the rights in the Entry Material without identifying the entrant; and

b) Using the Entry Material in any way that the Promoter sees fit, even if it results in derogatory treatment of the Entry Material (as defined in the Copyright Act 1968 (Cth)).

19. Each entrant warrants that:

a) they have the full power and capacity to grant the rights, warranties and consents set out in these Terms and Conditions;

b) the Entry Material is not, and its use by the Promoter (or the Relevant Parties) will not be, in breach of any third party intellectual property rights;

c) they will fully indemnify the Promoter against any loss or damage suffered by the Promoter:

in the event that any of the warranties given by the entrant are false;

as a result of any breach of these Terms and Conditions by the entrant; and

d) they have consent from each person appearing in the Entry Material (or if a person appearing in the Entry Material is under the age of 18, from that person’s parent or guardian).

20. Entrants must ensure that their entries are received by the Promoter during the Promotion Period. All entries are deemed to be received at the time of receipt by the Promoter, not the time of transmission by the entrant. The Promoter takes no responsibility for late, lost, illegible, corrupted or misdirected entries or for any delays or failures in any telecommunications services or equipment. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. 

21. If Entry is permitted via website or app is free. However, any costs associated with accessing a website or app in order to make their entry, are the responsibility of the person seeking access and are dependent on the service provider used. 

22. Entrants must make their website or app entries manually. The Promoter may reject an entry if it reasonably forms the opinion that the entry has been made using automated entry means or by use of a computer entry service.

23. Should an entrant’s contact details change at any time between the date on which they enter the Promotion and the Unclaimed Prize Date, that entrant must notify the Promoter of their correct contact details immediately.

24. Any entry that is made on behalf of an entrant by a third party, or otherwise by proxy, will be invalid.

25. The Promoter may, at its absolute discretion, declare any or all entries made by an entrant to be invalid if the entrant:

a) fails to establish their entitlement to win the Promotion to the Promoter’s satisfaction; or

b) fails to produce items as required by these Terms and Conditions or produces items that appear to be illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way; or

c) appears, to the Promoter, to have tamered with, or benefited from tampering with, the entry process; or

d) has submitted an entry that is not in accordance with these Terms and Conditions.

26. By entering the Promotion, the winner and their guest agree that:

a) if requested by the Promoter, the winner and their guest will:

i. provide comments about the Promotion and/or a photograph or audio-visual clip of themselves; and

ii. participate in all promotional and publicity activity in connection with the Promotion;

b) the Promoter may use their name, image, location, comments, photographs, Entry Material or clips (“Materials”) for publicity and promotional purposes in any form of media, without reference or compensation to the winner and their guest/s or any other person;

c) the Promoter may use, reproduce, edit and communicate to the public the Materials at any time in any form of media;

d) the Promoter may license, authorise or otherwise transfer the rights in the Materials to others (including the and Related Parties) to do the same; and

e) the winner and their guest/s unconditionally and irrevocably consent to any act or omission that would otherwise infringe any of their moral rights in the Materials and waive all moral rights in the Materials.

27. Use or any publication of entries during or after the Promotion Period (in any form of media) does not mean that an entrant has been selected as a winner in the Promotion, and that entrant may not be awarded a Prize.

WINNERS & JUDGING

28. There will be 3 (three) Winner/s determined from all entries received during the Promotion Period.  Each winner will receive a Prize.

29. Each winner will be determined on the Determination Date by the Promoter at Venga Pty Ltd ABN 48 111 298 830 (San Churro) Suite 1, Level 1, 281 Brunswick Street, Fitzroy, VIC 3065, Australia. Each valid entry will be individually judged (by representatives of the Promoter) based on the Judging Criteria. 

30. The Promoter’s decisions are final and no correspondence will be entered into. 

31. The winner will be notified by email within 7 days of the Determination Date.

32. All reasonable attempts will be made to contact the winner. If the Prize is not claimed by the winner by the Unclaimed Prize Date, it will be awarded to another entrant by the Promoter on the Unclaimed Prize Date. The winner of the unclaimed Prize will be notified by phone/email within two (2) days of the Unclaimed Prize Date.

PRIZE

33. The Prize for this Promotion and the Total Prize Value is specified in the Schedule.

34. All Prize values are correct as at the Commencement Date and are reflective of the recommended retail price and are in Australian dollars. The Promoter takes no responsibility for any variations in the Prize values.

35. If a winner of a Prize is under the age of 18 years (where entry by persons under 18 is permitted):

a) they must be accompanied on the Prize by a parent or legal guardian; or

b) the Promoter may, at its discretion, award the Prize to the winner’s parent or guardian (who is aged over 18 years).

36. Any guest/s that accompany a winner on any element of the Prize must be over the age of 18, unless expressly stated otherwise.

37. The Prize must be taken as offered and cannot be varied. If the Prize (or any part of the Prize) is unavailable for any reason, the Promoter will, in its absolute discretion, substitute alternative goods or services of no lesser retail value and/or specification (subject to the approval of the authorities that have issued permits for the conduct of the Promotion). The Promoter accepts no other liability or responsibility for any loss incurred by the winner or any other party if the Prize (or any part of the Prize, if applicable) is unavailable for any reason.

38. The Prize cannot be refunded or exchanged and, except as expressly permitted by these Terms and Conditions, cannot be taken as a monetary payment.

39. Unless expressly stated all other costs and expenses associated with taking the Prize become the responsibility of the winner.

40. The Prize must be claimed by the winner by the Unclaimed Prize Date. All aspects of each Prize must be taken together as a package.  In the event that for any reason whatsoever the winner does not take the Prize or an element of the Prize at the time stipulated by the Promoter, the Prize or that element of the Prize will be forfeited by the winner.

41. The Prize may be transferred at the Promoter’s sole discretion. In the event that the Promoter exercises its discretion to allow the winner to transfer the Prize, the transfer will be on the condition that the transferee accepts all terms and conditions set out in these Terms and Conditions and the Promoter may require such acceptance in writing at its absolute discretion.

42. The winner is advised that tax implications may arise from them winning the Prize and they should seek independent financial advice prior to accepting the Prize. Where the operation of this Promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.

43. Once the Prize has left the Promoter’s/Prize supplier’s premises, the Promoter and the Relevant Parties will not be responsible for any delay in delivery or loss or damage to the Prize.

44. If the Determination Date or Unclaimed Prize Determination Date is a public holiday, the determination will be conducted on the following business day.

45. The Prize cannot be used in conjunction with any other discounts or special offers.

46. Any cash component of the Prize will be issued to the winner as a cheque in the winner’s name and crossed “not negotiable.”

47. The Prize will be awarded to the winner in the Promoter’s sole discretion.

48. Prizes may not, without the prior written consent of the Prize supplier and the Promoter, be resold or offered for resale at a premium (including via on-line auction sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services. If a Prize is sold or used in breach of this condition, the Promoter or the Prize supplier may, at their absolute discretion, withdraw the Prize. Where a ticket has been withdrawn in accordance with this clause no refund, substitute or compensation will be offered and the winner and any person who has purchased or otherwise bears that ticket may be refused entry.

General

1. The Promoter reserves the right to take any action necessary in its sole discretion at any time.
2. Entrants acknowledge that there may be inherent risks in some aspects of the Promotion and that participation in the Promotion and/or using the Prize may involve participating in dangerous activities. By entering this Promotion and/or accepting the Prize, entrants accept that risk.  
3. The winner and their guests must declare to the Promoter and/or any prize supplier any health-related issues that may affect their safe participation in any part of the Promotion or Prize (where applicable) and obtain a written clearance from their doctor in this respect. The Promoter (upon consultation with any relevant qualified person) reserves the right to refuse to allow a winner or their guest to take part in an aspect of a Prize, if the Promoter determines that a winner is not in the mental or physical condition necessary to be able to safely participate in that aspect Prize.
4. In order to participate in this Promotion and/or the activities which may be awarded as part of the Prize, the winner (and their guest/s, as applicable) must comply with applicable height, weight, health, fitness, skill, balance, dexterity and any other requirements normally associated with the particular activity. 
5. It is the entrant’s responsibility to ensure that they (and their guest/s, as applicable) are sufficiently healthy and fit so as to safely participate in this Promotion, any Challenge and/or undertake the activities awarded as part of the Prize. 
6. If the Promoter becomes aware after an entrant has won a Prize that the entrant has not complied with these Terms and Conditions, that entrant will have no entitlement to the Prize, even if the Promoter has announced them as a winner. That entrant will be required to return, refund or otherwise make restitution of the Prize.
7. The Promoter reserves the right to verify the validity of any entries and in its sole discretion, disqualify any or all entries from, and prohibit further participation in this Promotion by, any person who: (a) tampers with or benefits from any tampering with the entry process or with the operation of the Promotion; (b) acts in violation of these Terms and Conditions; (c) acts in a disruptive manner; (d) acts with the intent to annoy, abuse, threaten or harass any other person; or (e) engages in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
8. To the full extent permitted by the law the Promoter and the Relevant Parties will not be liable for any loss, damage, claim, cost, expense or personal injury suffered or sustained (including, but not limited to, that caused by any person’s negligence) by any entrant in connection with the Promotion or the Prize, including:
9. any indirect, economic or consequential loss or loss of profits;
10. any loss arising from the negligence of a Relevant Party; and
11. any liability for personal injury or death.
12. If, for any reason, the Promotion is not capable of running as planned, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other causes beyond the control of the Promoter that corrupt or affect the administration, security, fairness or integrity, or proper conduct of the Promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process or take any other action, including to cancel, terminate, modify, or suspend the Promotion (subject to any direction given under the relevant State/Territory permit regulations).
13. The winner acknowledges that the Prize may be subject to additional terms and conditions imposed by third parties. The winner and guest must become acquainted with any such additional terms and conditions prior to taking the Prize and the winner and guest agree to be bound by such terms and conditions. The Promoter does not accept any responsibility and is not liable for any additional conditions imposed on the taking of the Prize, or for the breach of those conditions by any person.
14. Except for any liability which cannot be excluded by law, the Promoter is not responsible for:
15. any problems or technical malfunction with any telephone network or lines, computer online systems, servers or providers, computer equipment, or software, or any technical problems or traffic congestion on any computer system or at any website, or any combination thereof, including (but not limited to) any injury or damage to participants or any other person’s property related to or resulting from participation in the Promotion;
16. any incorrect or inaccurate information, caused either by users, by any of the equipment or programming associated with or used in connection with the Promotion, or by any technical error that may occur in the course of the Promotion; or
17. any error; omission; interruption; deletion; defect; delay in operation or transmission; communications line failure; theft; or destruction or unauthorised access to, or alteration of, entries or entrants’ details.
18. Any attempt to cause damage to any website or the information on any website associated with this Promotion or to otherwise undermine the fair and legitimate operation of this Promotion may be a violation of criminal and civil laws. The Promoter reserves the right to seek damages in the fullest extent permitted by law in the event that any such attempt is made, whether or not that attempt results in any such damage, interference or undermining.
19. The Promoter and its associated agencies and companies make no warranties or representations about the fitness for purpose or suitability of any Prize and will not accept responsibility for the quality or fitness for any purpose of any Prize, or the failure of any Prize to be of merchantable quality. If liability under terms implied by legislation cannot be excluded, the liability of the Promoter and its associated agencies and companies is limited to re-supplying the relevant goods or services or paying the cost of replacing them.
20. These Terms and Conditions are governed by the laws of South Australia. The Promoter and all entrants irrevocably submit to the non-exclusive jurisdiction of South Australia.
21. These rules are Terms and Conditions and constitute the entire terms and conditions between the entrant and the Promoter with respect to the Promotion. The Promoter may alter, modify, or amend these Terms and Conditions at its sole discretion and will only provide entrants with notice of substantial amendments (subject to the approval of the authorities that have issued permits for the conduct of the Promotion).
22. Except for the ‘Entry Material, all entries become the property of the Promoter.

PRIVACY

1. The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1988. Entrants’ personal information will be collected, used and disclosed as set out in the KOMO Digital Privacy Notice for this Promotion ({https://www.komo.digital/privacy-policy}) and the San Churro} Privacy Policy ({https://www.sanchurro.com/privacy-policy/}).
2. Each entrant must ensure that any other person whose personal details have been provided by the entrant to the Promoter for the purposes of the entrant’s participation in this Promotion has given their express consent for their details to be provided to the Promoter and any of the Related Parties and to be contacted by the Promoter or any of the Related Parties in relation to this Promotion.  

This Schedule together with the Terms and Conditions constitute the terms of entry for this Promotion. Please read the Terms and Conditions attached to this Schedule.

1.     The Promotion is Scratch & Win* 1 of 50 Brunch Packs (2 Fruit Croffles & 2 Cold Drinks) Competition
2.     The Promoter is Venga Pty Ltd ABN 48 111 298 830 (San Churro) Suite 1, Level 1, 281 Brunswick Street, Fitzroy, VIC 3065, Australia. 
3.     Eligible states are New South Wales, Victoria, Queensland, Western Australia, Tasmania, Northern Territory and Australian Capital Territory. 

•   Competition excludes residents of Northern Territory and South Australia

4.   Entry restrictions:

• Entrants must be aged 13 years or over. Permission from a parent or guardian is required prior to entering the promotion if the entrant is under 18 years of age.
• Entrants must be an individual and not a company or organisation.
• Each entry must be entered in accordance with these Terms and Conditions. By entering the promotion, each entrant agrees to be bound by these Terms and Conditions. San Churro may in its absolute discretion refuse to award any prize to any entrant who fails to comply with these Terms and Conditions.
• Any entry received after the promotional period(s) will be deemed invalid. No responsibility is accepted for late, lost, delayed or misdirected entries.
• By entering the competition, you confirm that you are eligible to do so and eligible to claim any prize you may win. The Promoter may require you to provide proof that you are eligible to enter the competition and if you cannot, you may be disqualified from the competition.

5.  Entry into the Promotion commences at 10:00am 20th May 2022

6. Entry into the Promotion closes at 11:55pm 20th June 2022 or when all prizes have been claimed

7. Entry Method:

1. Go to San Churro’s KOMO Hub (https://lachurrocasa.komo.site/); and
2. Click on the Promotional link (Scratch & WIN* Game);
3. Complete all of the required data entry fields on the entry form (the Entry); 

8. Entry to the Promotion is limited to one (1) entry per entrant, over the entire Promotional Period.

 9. The competition is advertised via:

• Email marketing from San Churro (Venga Pty Ltd);
• San Churro’s Facebook page;
• San Churro’s Instagram page
• the Website (sanchurro.com)

10. Entry is via the Website. The Website means the website located at {https://lachurrocasa.komo.site/}

11. Scratch & Win:

1.  Entrants will be required to scratch the digital screen to reveal their outcome.
2.  Winners will be shown immediately if they have won by a message on the Scratch and Win page by having the prize icon appear on the page [SH3] 
3.  Winners will be emailed a message with a link to their unique coupon which they can redeem at any San Churro store (excluding San Churro West Lakes, San Churro Marion and San Churro Rundle Street.
4.  The coupon will be valid for 1 x Brunch Pack (2 Fruit Croffles and 2 Cold Drinks)
5.  The coupon is valid in-store only
6.  The coupon expires on 30th June 11:55PM AEST
7.  If any winner chooses not to take their prize, or is unable to, or does not take or claim a prize by the time specified by the Promoter, or is unavailable, they forfeit the prize and the Promoter is not obliged to substitute the prize.

12. The Promotion is a game of chance. All valid entries will be entered into the applicable random computerised draw, which will take place via the ‘Scratch and Win’ functionality on the Website.

13. The winners will be the 50 entrants who are randomly drawn in accordance with this Schedule and Terms and Conditions. There is a 5 in 100 chance that an entrant will win the prize (1 x Brunch Pack)

14. The Prize consists of the following:

(i)    50 prizes. Each consists of one “2 Fruit Croffles & 2 Cold Drinks” per winner

15. Each Brunch Pack is valued at $29.95 AUD each

16. Total prize pool valued at $1497.50 AUD

TERMS AND CONDITIONS

TERMS OF ENTRY

1.         These Terms and Conditions must be read together with the Schedule for this Promotion. The Schedule defines certain terminology used in these Terms and Conditions.
2.         Entry to the Promotion constitutes acceptance of these Terms and Conditions. By entering the Promotion, entrants accept and acknowledge full responsibility for their decision to participate in the Promotion and to take the Prize if they are the winner.
3.         To the extent of any inconsistency between the Schedule and these Terms and Conditions, the Schedule prevails. 
4.         All entry instructions and prize information published by the Promoter form part of these Terms and Conditions.

PROMOTION

5.         The Promotion is conducted by the Promoter.
6.         This Promotion will be advertised as outlined in the Methods of Advertisement.

ELIGIBLE ENTRANTS

7.         Entry is open only to residents of the Eligible States and Territories who comply with the Entry Restrictions (if any).  Directors, officers, management, employees and other staff (and the immediate families of directors, officers, management, employees and other staff) of the Promoter or of its related bodies corporate, or of the Relevant Parties are ineligible to enter.
8.         In the event entrants under the age of 18 are permitted to enter they must have permission from a parent or guardian to enter the Promotion and have obtained their consent to these terms and conditions.
9.         Any person who is discovered to have used or attempted to use any more than one name in order to enter any Promotion run by the Promoter except in the case of a legal change of name in this Promotion is ineligible to enter this Promotion.
10.   All entries to the Promotion may be subject to verification by the Promoter. An entrant must, within seven (7) days of being asked and at the Promoter’s cost, allow the Promoter to inspect and copy any documents that the Promoter may request establishing eligibility to enter the Promotion, including but not limited to receipts, evidence of age, residence and identity.
11.   The Promoter may decide in its sole discretion which documents are considered suitable for establishing eligibility to enter or win. In the event that the winner cannot provide suitable proof of eligibility, they will forfeit the Prize in whole and no substitute or compensation will be offered.

ENTRY

12.   Entry to the Promotion commences on the Commencement Date and closes on June 20th 2022.
13.   To enter the promotion, entrants must follow the Entry Method during the Promotion Period.
14.   An entrant’s entry must not be:

a)         late;

b)         delayed;

c)         incomplete;

d)         incomprehensible;

e)         unlawful or capable of violating any law or giving rise to a civil action;

f)           obscene;

g)         defamatory or libellous;

h)         threatening or harassing;

i)           pornographic or contain nudity;

j)           hateful;

k)         offensive against a person or group of persons on the grounds of age, colour, gender, national or ethnic origin, disability, race, religion or sexual preference;

l)           incite or be capable of encouraging conduct that would be considered a criminal offence;

m)       in violation of the social media guidelines, rules or terms of service of the relevant social media site or platform used to enter the Promotion.

15.   An entrant may submit up to the Maximum Number of Entries. Multiple entries (where permitted) must be submitted separately and must independently comply with these Terms and Conditions.

16.   The entrant warrants that their entry including the response and any photos, images or videos (“Entry Material”) is: their own original work; it is not copied in any manner from any other work; and does not infringe the copyright, moral rights, trademark rights or any other rights of any third party.

17.   Entrants retain all ownership in their Entry Material. However, by submitting their Entry Material, entrants hereby grant the Promoter an irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of and display the Entry Material for the purposes of conducting and promoting this Promotion, awarding the Prize and advertising and marketing the Promoter or the Promotion on all media now known or later devised, in perpetuity.

18.   By entering the Promotion, entrants consent to any use of their Entry material by the Promoter which may otherwise infringe an entrant’s moral rights in the Entry Material, including (without limitation):

a)         Exercising any of the rights in the Entry Material without identifying the entrant; and

b)         Using the Entry Material in any way that the Promoter sees fit, even if it results in derogatory treatment of the Entry Material (as defined in the Copyright Act 1968 (Cth)).

19.   Each entrant warrants that:

a)         they have the full power and capacity to grant the rights, warranties and consents set out in these Terms and Conditions;

b)         the Entry Material is not, and its use by the Promoter (or the Relevant Parties) will not be, in breach of any third party intellectual property rights;

c)         they will fully indemnify the Promoter against any loss or damage suffered by the Promoter

(i) in the event that any of the warranties given by the entrant are false

(ii) as a result of any breach of these Terms and Conditions by the entrant; and

d)         they have consent from each person appearing in the Entry Material (or if a person appearing in the Entry Material is under the age of 18, from that person’s parent or guardian).

20.   Entrants must ensure that their entries are received by the Promoter during the Promotion Period. All entries are deemed to be received at the time of receipt by the Promoter, not the time of transmission by the entrant. The Promoter takes no responsibility for late, lost, illegible, corrupted or misdirected entries or for any delays or failures in any telecommunications services or equipment. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred.

21.   If Entry is permitted via website or app is free. However, any costs associated with accessing a website or app in order to make their entry, are the responsibility of the person seeking access and are dependent on the service provider used.

22.  Entrants must make their website or app entries manually. The Promoter may reject an entry if it reasonably forms the opinion that the entry has been made using automated entry means or by use of a computer entry service.

23.  Should an entrant’s contact details change at any time between the date on which they enter the Promotion and the Unclaimed Prize Date, that entrant must notify the Promoter of their correct contact details immediately.

24.  Any entry that is made on behalf of an entrant by a third party, or otherwise by proxy, will be invalid.

25.   The Promoter may, at its absolute discretion, declare any or all entries made by an entrant to be invalid if the entrant:

a)         fails to establish their entitlement to win the Promotion to the Promoter’s satisfaction; or

b)         fails to produce items as required by these Terms and Conditions or produces items that appear to be illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way; or

c)         appears, to the Promoter, to have tampered with, or benefited from tampering with, the entry process; or

d)         has submitted an entry that is not in accordance with these Terms and Conditions.

26. By entering the Promotion, the winner and their guest agree that:

a)         if requested by the Promoter, the winner and their guest will:

(i)   provide comments about the Promotion and/or a photograph or audio-visual clip of themselves; and

(ii)  participate in all promotional and publicity activity in connection with the Promotion;

b)         the Promoter may use their name, image, location, comments, photographs, Entry Material or clips (“Materials”) for publicity and promotional purposes in any form of media, without reference or compensation to the winner and their guest/s or any other person;

c)         the Promoter may use, reproduce, edit and communicate to the public the Materials at any time in any form of media;

d)         the Promoter may license, authorise or otherwise transfer the rights in the Materials to others (including the and Related Parties) to do the same; and

e)         the winner and their guest/s unconditionally and irrevocably consent to any act or omission that would otherwise infringe any of their moral rights in the Materials and waive all moral rights in the Materials.

27.   Use or any publication of entries during or after the Promotion Period (in any form of media) does not mean that an entrant has been selected as a winner in the Promotion, and that entrant may not be awarded a Prize.

PRIZE

28.   The Prize for this Promotion and the Total Prize Value is specified in the Schedule.

29.   All Prize values are correct as at the Commencement Date and are reflective of the recommended retail price and are in Australian dollars. The Promoter takes no responsibility for any variations in the Prize values.

30. If a winner of a Prize is under the age of 18 years (where entry by persons under 18 is permitted):

a)         they must be accompanied on the Prize by a parent or legal guardian; or

b)         the Promoter may, at its discretion, award the Prize to the winner’s parent or guardian (who is aged over 18 years).

31. Any guest/s that accompany a winner on any element of the Prize must be over the age of 18, unless expressly stated otherwise.

32. The Prize must be taken as offered and cannot be varied. If the Prize (or any part of the Prize) is unavailable for any reason, the Promoter will, in its absolute discretion, substitute alternative goods or services of no lesser retail value and/or specification (subject to the approval of the authorities that have issued permits for the conduct of the Promotion). The Promoter accepts no other liability or responsibility for any loss incurred by the winner or any other party if the Prize (or any part of the Prize, if applicable) is unavailable for any reason.

33. The Prize cannot be refunded or exchanged and, except as expressly permitted by these Terms and Conditions, cannot be taken as a monetary payment.

34. Unless expressly stated all other costs and expenses associated with taking the Prize become the responsibility of the winner.

35.  The Prize must be claimed by the winner by the Unclaimed Prize Date. All aspects of each Prize must be taken together as a package.  In the event that for any reason whatsoever the winner does not take the Prize or an element of the Prize at the time stipulated by the Promoter, the Prize or that element of the Prize will be forfeited by the winner.

36.  The Prize may be transferred at the Promoter’s sole discretion. In the event that the Promoter exercises its discretion to allow the winner to transfer the Prize, the transfer will be on the condition that the transferee accepts all terms and conditions set out in these Terms and Conditions and the Promoter may require such acceptance in writing at its absolute discretion.

37.   The winner is advised that tax implications may arise from them winning the Prize and they should seek independent financial advice prior to accepting the Prize. Where the operation of this Promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.

38.   Once the Prize has left the Promoter’s/Prize supplier’s premises, the Promoter and the Relevant Parties will not be responsible for any delay in delivery or loss or damage to the Prize.

39. If the Determination Date or Unclaimed Prize Determination Date is a public holiday, the determination will be conducted on the following business day.

40. The Prize cannot be used in conjunction with any other discounts or special offers. 

41. Any cash component of the Prize will be issued to the winner as a cheque in the winner’s name and crossed “not negotiable.”

42. The Prize will be awarded to the winner in the Promoter’s sole discretion.

43.   Prizes may not, without the prior written consent of the Prize supplier and the Promoter, be resold or offered for resale at a premium (including via on-line auction sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services. If a Prize is sold or used in breach of this condition, the Promoter or the Prize supplier may, at their absolute discretion, withdraw the Prize. Where a ticket has been withdrawn in accordance with this clause no refund, substitute or compensation will be offered and the winner and any person who has purchased or otherwise bears that ticket may be refused entry.

44. San Churro reserves the right to request winners to provide proof of age, identity and residency. Identification considered suitable for verification is at the discretion of San Churro. If there is a dispute as to the identity of an entrant, San Churro reserves the right, in its sole discretion, to determine the identity of the entrant.

45. Entrants consent to San Churro using the entrant’s name, likeness, image, voice and/or answer (including photograph, film and/or recording of the same) in any media for an unlimited period of time without remuneration for the purpose of promoting this Competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by San Churro.

General

46. The Promoter reserves the right to take any action necessary in its sole discretion at any time.

47. Entrants acknowledge that there may be inherent risks in some aspects of the Promotion and that participation in the Promotion and/or using the Prize may involve participating in dangerous activities. By entering this Promotion and/or accepting the Prize, entrants accept that risk.  

48. The winner and their guests must declare to the Promoter and/or any prize supplier any health-related issues that may affect their safe participation in any part of the Promotion or Prize (where applicable) and obtain a written clearance from their doctor in this respect. The Promoter (upon consultation with any relevant qualified person) reserves the right to refuse to allow a winner or their guest to take part in an aspect of a Prize, if the Promoter determines that a winner is not in the mental or physical condition necessary to be able to safely participate in that aspect Prize.

49. In order to participate in this Promotion and/or the activities which may be awarded as part of the Prize, the winner (and their guest/s, as applicable) must comply with applicable height, weight, health, fitness, skill, balance, dexterity and any other requirements normally associated with the particular activity.

50.   It is the entrant’s responsibility to ensure that they (and their guest/s, as applicable) are sufficiently healthy and fit so as to safely participate in this Promotion, any Challenge and/or undertake the activities awarded as part of the Prize.

51.  If the Promoter becomes aware after an entrant has won a Prize that the entrant has not complied with these Terms and Conditions, that entrant will have no entitlement to the Prize, even if the Promoter has announced them as a winner. That entrant will be required to return, refund or otherwise make restitution of the Prize.

52.  The Promoter reserves the right to verify the validity of any entries and in its sole discretion, disqualify any or all entries from, and prohibit further participation in this Promotion by, any person who: (a) tampers with or benefits from any tampering with the entry process or with the operation of the Promotion; (b) acts in violation of these Terms and Conditions; (c) acts in a disruptive manner; (d) acts with the intent to annoy, abuse, threaten or harass any other person; or (e) engages in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

53. To the full extent permitted by the law the Promoter and the Relevant Parties will not be liable for any loss, damage, claim, cost, expense or personal injury suffered or sustained (including, but not limited to, that caused by any person’s negligence) by any entrant in connection with the Promotion or the Prize, including:

a)         any indirect, economic or consequential loss or loss of profits;

b)         any loss arising from the negligence of a Relevant Party; and

c)         any liability for personal injury or death.

54.   If, for any reason, the Promotion is not capable of running as planned, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other causes beyond the control of the Promoter that corrupt or affect the administration, security, fairness or integrity, or proper conduct of the Promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process or take any other action, including to cancel, terminate, modify, or suspend the Promotion (subject to any direction given under the relevant State/Territory permit regulations).

55.  The winner acknowledges that the Prize may be subject to additional terms and conditions imposed by third parties. The winner and guest must become acquainted with any such additional terms and conditions prior to taking the Prize and the winner and guest agree to be bound by such terms and conditions. The Promoter does not accept any responsibility and is not liable for any additional conditions imposed on the taking of the Prize, or for the breach of those conditions by any person.

56.   Except for any liability which cannot be excluded by law, the Promoter is not responsible for:

a)         any problems or technical malfunction with any telephone network or lines, computer online systems, servers or providers, computer equipment, or software, or any technical problems or traffic congestion on any computer system or at any website, or any combination thereof, including (but not limited to) any injury or damage to participants or any other person’s property related to or resulting from participation in the Promotion;

b)         any incorrect or inaccurate information, caused either by users, by any of the equipment or programming associated with or used in connection with the Promotion, or by any technical error that may occur in the course of the Promotion; or

c)         any error; omission; interruption; deletion; defect; delay in operation or transmission; communications line failure; theft; or destruction or unauthorised access to, or alteration of, entries or entrants’ details.

57.  Any attempt to cause damage to any website or the information on any website associated with this Promotion or to otherwise undermine the fair and legitimate operation of this Promotion may be a violation of criminal and civil laws. The Promoter reserves the right to seek damages in the fullest extent permitted by law in the event that any such attempt is made, whether or not that attempt results in any such damage, interference or undermining.

58.  The Promoter and its associated agencies and companies make no warranties or representations about the fitness for purpose or suitability of any Prize and will not accept responsibility for the quality or fitness for any purpose of any Prize, or the failure of any Prize to be of merchantable quality. If liability under terms implied by legislation cannot be excluded, the liability of the Promoter and its associated agencies and companies is limited to re-supplying the relevant goods or services or paying the cost of replacing them.

59.  These Terms and Conditions are governed by the laws of Victoria, New South Wales, Queensland, the Australian Capital Territory, Western Australia and Tasmania. The Promoter and all entrants irrevocably submit to the non-exclusive jurisdiction of Victoria, New South Wales, Queensland, the Australian Capital Territory, Western Australia and Tasmania.

60.  These rules are Terms and Conditions and constitute the entire terms and conditions between the entrant and the Promoter with respect to the Promotion. The Promoter may alter, modify, or amend these Terms and Conditions at its sole discretion and will only provide entrants with notice of substantial amendments (subject to the approval of the authorities that have issued permits for the conduct of the Promotion).

61. Except for the ‘Entry Material, all entries become the property of the Promoter.

PRIVACY

62.   The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1988. Entrants’ personal information will be collected, used and disclosed as set out in the KOMO Digital Privacy Notice for this Promotion (https://www.komo.digital/privacy-policy) and the San Churro Privacy Policy (https://www.sanchurro.com/privacy-policy/).

63.  Each entrant must ensure that any other person whose personal details have been provided by the entrant to the Promoter for the purposes of the entrant’s participation in this Promotion has given their express consent for their details to be provided to the Promoter and any of the Related Parties and to be contacted by the Promoter or any of the Related Parties in relation to this Promotion.