Terms Of Use

AGREEMENT BETWEEN USER AND Jesters - Ridiculously Tasty

The Jesters - Ridiculously Tasty Web Site is comprised of various Web pages operated by Jesters - Ridiculously Tasty.

The Jesters - Ridiculously Tasty Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Jesters - Ridiculously Tasty Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Jesters - Ridiculously Tasty reserves the right to change the terms, conditions, and notices under which the Jesters - Ridiculously Tasty Web Site is offered, including but not limited to the charges associated with the use of the Jesters - Ridiculously Tasty Web Site.

LINKS TO THIRD PARTY SITES

The Jesters - Ridiculously Tasty Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Jesters - Ridiculously Tasty and Jesters - Ridiculously Tasty is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Jesters - Ridiculously Tasty is not responsible for webcasting or any other form of transmission received from any Linked Site. Jesters - Ridiculously Tasty is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Jesters - Ridiculously Tasty of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Jesters - Ridiculously Tasty Web Site, you warrant to Jesters - Ridiculously Tasty that you will not use the Jesters - Ridiculously Tasty Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Jesters - Ridiculously Tasty Web Site in any manner which could damage, disable, overburden, or impair the Jesters - Ridiculously Tasty Web Site or interfere with any other party's use and enjoyment of the Jesters - Ridiculously Tasty Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Jesters - Ridiculously Tasty Web Sites.

USE OF COMMUNICATION SERVICES

The Jesters - Ridiculously Tasty Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
Jesters - Ridiculously Tasty has no obligation to monitor the Communication Services. However, Jesters - Ridiculously Tasty reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Jesters - Ridiculously Tasty reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Jesters - Ridiculously Tasty reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Jesters - Ridiculously Tasty's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Jesters - Ridiculously Tasty does not control or endorse the content, messages or information found in any Communication Service and, therefore, Jesters - Ridiculously Tasty specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Jesters - Ridiculously Tasty spokespersons, and their views do not necessarily reflect those of Jesters - Ridiculously Tasty.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO Jesters - Ridiculously Tasty OR POSTED AT ANY Jesters - Ridiculously Tasty WEB SITE

Jesters - Ridiculously Tasty does not claim ownership of the materials you provide to Jesters - Ridiculously Tasty (including feedback and suggestions) or post, upload, input or submit to any Jesters - Ridiculously Tasty Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Jesters - Ridiculously Tasty, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Jesters - Ridiculously Tasty is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Jesters - Ridiculously Tasty's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Jesters - Ridiculously Tasty WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Jesters - Ridiculously Tasty AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Jesters - Ridiculously Tasty WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Jesters - Ridiculously Tasty WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Jesters - Ridiculously Tasty AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Jesters - Ridiculously Tasty WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Jesters - Ridiculously Tasty AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Jesters - Ridiculously Tasty AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Jesters - Ridiculously Tasty WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Jesters - Ridiculously Tasty WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Jesters - Ridiculously Tasty WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Jesters - Ridiculously Tasty WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Jesters - Ridiculously Tasty OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Jesters - Ridiculously Tasty WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Jesters - Ridiculously Tasty WEB SITE.

SERVICE CONTACT : [email protected]

TERMINATION/ACCESS RESTRICTION

Jesters - Ridiculously Tasty reserves the right, in its sole discretion, to terminate your access to the Jesters - Ridiculously Tasty Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use of the Jesters - Ridiculously Tasty Web Site. Use of the Jesters - Ridiculously Tasty Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Jesters - Ridiculously Tasty as a result of this agreement or use of the Jesters - Ridiculously Tasty Web Site. Jesters - Ridiculously Tasty's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Jesters - Ridiculously Tasty's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Jesters - Ridiculously Tasty Web Site or information provided to or gathered by Jesters - Ridiculously Tasty with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Jesters - Ridiculously Tasty with respect to the Jesters - Ridiculously Tasty Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Jesters - Ridiculously Tasty with respect to the Jesters - Ridiculously Tasty Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Jesters - Ridiculously Tasty Web Site are: © 2016 Jesters. All Rights Reserved. All trademarks are property of their respective owners and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

 

Jesters Australia SUPIESTAR Promotion – Terms and Conditions of Entry

GENERAL

Promotion Name: Jesters Australia SUPIESTAR Promotion

Promotion Type: Consumer

Promoter: Jesters Franchising Head Office, 1/34 Prindiville Drive, Wangara, WA 6065, Australia

Entry Restrictions: Entry is open to all West Australian residents. Entrants under 18 years of age must have parent or guardian consent to enter.

Promotion Period:  The Promotion Period starts at 8:00am on 28th November 2016. The Promotion closes at 11:59pm on 8th January 2017. No entries will be accepted after this time. All times are AWST time.

The Voting Period starts on 8:00am on 16th January 2017 and closes at 11:59pm on 5th February 2017.

The winner will be contacted privately by the 8th February 2017 and then announced to the public by 6th March 2017.

Verification Requirements: If requested by the Promoter, a winner must provide proof of age and residency, before they will be awarded their prize.

Maximum Number of Entries: Entrants are able to enter the promotion multiple times.                 

PRIZE DETAILS

Prize: The winning entry will have their SUPIESTAR flavour put into production and sold in-store from 6th March 2017 to 16th April 2017 (the Sale Period).

Prize: The winner will also receive AUS$0.50 (including GST) from each one of their pies sold between the Sale Period. The SUPIESTAR pie will have the RRP of $5.95 (including GST). Sales analysis will be completed at Jesters Franchising Head Office on 21st April 2017 and payment of the total prize money will be made by 1st May 2017.

ENTRY & JUDGING

Entry Procedure: To enter, entrants must during the Promotion Period:

1.            visit the Jesters Australia Facebook, Twitter, Instagram, website (www.jesters.com.au) or respond to the email from Jesters and click the link at www.jesters.com.au/supiestar AND

3.            respond to the promotional question posted by the Promoter being “What’s your genius flavour idea” by commenting on the post.

Initial Judging Criteria: All valid entries will be judged based on originality, relevance, brand suitability and creativity of your response to the promotional question. The entries must also be operationally viable and economically feasible at a AUS$5.95 RRP.

The best six (6) flavours from the promotional question (as determined by the Promotor and based on the above criteria) will then be entered into a public vote.

Voting Criteria: The top six flavours will be available to be voted on through a link on the Promotors Facebook page (www.facebook.com/JestersPies ) and website www.jesters.com.au/supiestar . The top voted flavour will then win the promotion and the winner will be notified.

Pie Production and Winner Promotion: After the winner has been notified, they will be required to attend a photoshoot for Jesters advertising purposes (date and location TBC). The winner may also choose to work with Jesters on their pie flavour production and testing. The winner must also agree to sign a Non-Disclosure Agreement (NDA) until the commencement of the official announcement.

If the winner is unable to attend the photoshoot and sign the NDA, the runner-up will then be contacted and announced as the winner.

Winner Announcement Date: To be announced privately to the winner on by the 8th February 2017 and announced to the public by 7th March 2017.

Notification of the Winner: The winner will be contacted in writing via direct message on Facebook or via email. The winner must follow the steps in the notification message in order to be eligible. This also includes providing the correct bank account details.

Prize Verification and Delivery: If the prize winner complies with these Terms and Conditions and the Promoter verifies and accepts the entry in accordance with these Terms and Conditions, the Promoter will deliver the prize (to the bank account specified as part of the notification and verification process) on the date specified in the Prize Details.

The Promoter takes no responsibility for an incorrect bank account being provided when entering the promotion or during the prize verification process.

ELIGIBILITY

1. Directors, management, employees, franchisees and contractors (and their immediate families) of the Promoter or of the agencies or organisations associated with this Promotion are ineligible to enter. “Immediate families” means spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manger, employee, franchisee or contractor.

2. Entries may only be submitted in accordance with the Entry Procedure and will not be accepted by the Promoter in any other form. Computer generated or other automated entries will not be accepted. Once submitted, entries may not be altered or deleted.

3. Entrants are required to take full responsibility for the content of their entry and for ensuring that their entry complies with these Conditions of Entry. For the purposes of these content requirements, “entry content” includes any content (including text, photos, videos and email messages) that entrants submit, upload, transmit, publish, communicate or use in connection with their entry into the Promotion.

4. Incomplete and ineligible entries will be deemed invalid. Entries will also be deemed invalid if they breach these Conditions of Entry as determined by the Promoter in its sole discretion or any other content guidelines notified by the Promoter during the entry process for the Promotion.

5. An entrant’s entry must not include any content that contravenes any law, infringes the rights of any person or is obscene, offensive, potentially defamatory, discriminatory, indecent or otherwise objectionable or inappropriate (which includes, without limitation, any content involving nudity, malice, excessive violence or swearing); and

6. The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any part of an entrant’s entry.

7. If multiple entries are submitted with the same pie flavour, the entrant who submitted their flavour first will be entered into the shortlist.

8. By submitting an entry to the Promotion, each entrant agrees to assign all rights in the entry to the Promoter and consents to the Promoter using the entry in any manner the Promoter wishes (including modifying, adapting or publishing the entry, whether in original or modified form, in whole or in part or not at all), by way of all media, without payment to the entrant (of royalties, compensation or otherwise). Without limitation, this includes using, publishing and displaying the entry online on the Promoter’s website(s) and Facebook page(s). By submitting an entry, each entrant consents to any dealings with the entry that may otherwise infringe their moral rights in the entry. The Promoter may copy any content submitted as part of an entry, cause the content to be seen and/or heard in public, and communicate the content to the public. It may also allow third parties to do these things.

FACEBOOK PROMOTIONS

If the Promotion is conducted via the Facebook platform:

PRIZE WINNER

1. The prize is specified in the Prize Details. The prize is subject to any restrictions specified in the Schedule.

2. If a prize winner is under 18 years of age, the prize will be awarded to the prize winner’s parent or legal guardian on their behalf and the prize money will be transferred into the parent of legal guardian’s bank account.

3. Prizes must be claimed by the Prize Claim Date in accordance with any claim instructions provided by the Promoter.

4. If a prize is not accepted or claimed by the Prize Claim Date, the relevant winner’s entry will be deemed invalid and the Promoter reserves the right to distribute the unclaimed prizes to the next best ranking entry or entries (as applicable), as determined by the Promoter in its sole discretion. The winner of the unclaimed prize will be notified in writing by private message on Facebook.

OTHER DETAILS

1. The Promoter accepts no responsibility for any problems or technical malfunction of any communication network or for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over telephone communications, networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) any costs incurred.

2. The Promoter may, at its sole discretion, declare any or all entries made by an entrant invalid, and prohibit further participation by an entrant in this Promotion, if the entrant:

3. Entrants must comply with the Verification Requirements. The Promoter may require entrants to provide these to the Promoter or its agent as part of the entry verification or prize claim process. Failure to provide these to the Promoter’s satisfaction will result in the relevant entry being declared invalid (and, at the Promoter’s discretion, in all of the entrant’s entries being declared invalid).

4. All entries will be the property of the Promoter to be used as we see fit.

5. The Prize is not transferable or exchangeable. The value of each prize is accurate as at the commencement of this Promotion. The Promoter accepts no responsibility for any variation in the value of a prize after that date. If a winner does not take an element of a prize at the time stipulated by the Promoter, then that element of the prize will be forfeited by the winner and neither cash nor any other form of compensation will be supplied in lieu of that element of the Prize. The Promoter accepts no other liability or responsibility for any loss incurred by a winner or any other party if any prize (or any part of a prize) is unavailable for any reason.

6. If requested by the Promoter, entrants and winners (or their companion(s), if applicable) must sign (or procure that their parent/guardian signs) an indemnity and exclusion of liability form provided by the Promoter, in favour of the Promoter and all parties involved in this Promotion and/or providing the prize, before they participate in the Promotion and/or the prize. If they or their parent/guardian do not sign that form within the time specified by the Promoter, they will not be able to participate and the relevant entrant’s or winner’s entry or claim will be deemed invalid.

7. If requested by the Promoter, entrants and winners (and their companion(s), if applicable) must participate in all promotional activity (such as publicity, interviews, photography and promoting the winner’s design) surrounding this Promotion or their winning of a prize, free of charge, and they consent to the Promoter and its associated companies and agencies using their name and image in promotional material.

8. If for any reason any aspect of this Promotion does not or is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion, or invalidate any affected entries, subject to the approval of the relevant authorities in the Relevant State(s), if required.

9. The Promoter, its associated agencies and companies and the agencies and companies associated with this Promotion (including Facebook, if the Promotion is conducted via a Facebook Platform) will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this Promotion or accepting or using a prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).

10. The Promoter and its associated agencies and companies will not be liable for any damage to or delay in transit of prizes.

11. The Promoter may at its absolute discretion prohibit an entrant’s participation in this Promotion, cancel or suspend a prize or other cease to provide any prize to a winner if the entrant or winner (or any companion) is (in the Promoter’s opinion) under the influence of alcohol or drugs, behaves aggressively or disruptively, or behaves in a manner which may diminish the good name and reputation of the Promoter or its products and brands, or is contrary to law or is otherwise inappropriate.

12. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. 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.

13. The information entrants provide will be used by the Promoter for the purpose of conducting this Promotion and may also be used for the purposes specified in the Promoter’s privacy policy. The Promoter may disclose entrants’ personal information to companies and agencies connected with this Promotion, and the winner’s name and State/Territory of residence may be published in accordance with these Conditions of Entry and as required under relevant legislation.