TERMS & CONDITIONS

• PRIVACY POLICY

  Abe’s Real Bagels Limited ABN 94 829 824 873 (“Abe’s”, “we”, “us”, “our”) recognises the importance of safeguarding your personal information and compliance with the Privacy Act 1988 (“the Act”).
  
  We will collect, disclose, handle and use personal information as described in this privacy policy, as authorised by you and/or as required or authorised by law. By providing your personal information, you consent to the collection, use, transfer and disclosure of your information under the terms of this privacy policy.
  
  We reserve the right to update this privacy policy from time to time. Any changes we may make to our privacy policy in the future will be posted on this website.

• COLLECTION OF PERSONAL INFORMATION

  We treat information as personal information if an individual person can be reasonably identified from that information. We will usually collect your personal information directly from you wherever it is reasonable and practicable to do so in the circumstances.
  
  We usually collect personal information in the following ways:
  through your general dealings with us, including but not limited to, enquires, feedback, questions or complaints, or employment applications;
  If you enter or complete one of our competitions, offers, surveys or trade incentives or request or agree to receive information about us, our services or products;
  From credit reporting agencies, law enforcement agencies and government entities, where necessary to process a requested transaction;
  your representatives (lawyers, accountants and financial advisers) and/or your employer, where necessary to process a requested transaction; and
  publicly available sources of information or via any other method where you have given your consent.
  
  Personal information mentioned above may be collected via our websites, selected third parties, via phone, in person, via fax, via email, via mail or via any other method determined by us.
  
  The types of information we collect will depend on the nature of our relationship with you and may include, but is not limited to:
  Full name and contact details (including but not limited to your postal address, email address and phone numbers);
  demographic and employment information (including but not limited to your date and year of birth, gender, State or Territory of residence, occupation); and other information about your dealings with us.
  
  You do not need to give us personal information, but if you don’t, we may not be able to help you or provide you with the requested services/products or allow you to participate in an advertised activity.

• SENSITIVE INFORMATION

  As a general rule we do not usually collect sensitive information. If you do provide sensitive information to us for any reason, you consent to us collecting that information and to us using and disclosing that information for the reason that you provided it to us and as permitted by the Act.

• USE OF PERSONAL INFORMATION

  Generally, we will only use and disclose personal information that we collect about you so that we can do business together and for the reason/s it was collected. This may include the following:
  
  to verify your identity;
  
  to provide you the requested services or facilitate purchase of requested products;
  
  to facilitate your entry and participation in competitions, promotions, offers, surveys and trade incentive programs and conduct of the same;
  
  to assess your suitability for employment with us;
  
  to improve and administer our business, services and products;
  
  to customise your experience when using our websites, products or services;
  
  to address and answer any enquiries, questions or any issues or complaints that you might have;
  
  to provide you with information, including information of a marketing nature, about our business, services or products, and activities you have expressed an interest in and/or to let you know about news, future projects, offers, products, services or activities that we think may be of interest to you;
  
  to ensure that content from our websites is presented in the most effective manner for you and for your device;
  
  to disclose to our legal or other professional advisors and providers, when needed; and
  
  to comply with any law and disclose to other parties to whom we are authorised or required by law to disclose information.
  
  We may contact you in relation to the above via electronic messaging such as SMS and email, by mail, by fax, by phone or in any other lawful manner

• DISCLOSURE OF PERSONAL INFORMATION

  We may disclose your personal information to our employees and selected third parties, as we deem necessary to facilitate our dealings with you and provide our services, and products (and/or information about the same). Parties we may disclose personal information to include website providers, legal and other advisors and third party service providers, such as promotional agencies, website and database developers, couriers, etc. Where required by law, we may also disclose your personal information to the appropriate regulatory authorities.
  
  We may disclose your personal information to individuals and entities in New Zealand. Our third party services providers may also disclose your personal information to overseas recipients. By giving us your personal information, you consent to the disclosure of this personal information. By consenting to the disclosure of your personal information, Australian Privacy Principle 8.1 will not apply and you agree that we do not have to take reasonable steps to ensure the Information is treated in accordance with the APPs.

• QUALITY AND SECURITY

  We may store personal information on internal computer databases, local hard drives and/or in hard copy at our offices, and we employ reasonable commercial physical and electronic security measures to protect any records that we hold which contain your personal information. We may also engage third party service providers to assist in storing and processing certain types of personal information for us.
  
  We take all reasonable steps to ensure the security and accuracy of personal information we hold, and to protect your personal information from misuse and loss, unauthorised access, interference, modification or disclosure, in accordance with the requirements of the Act.

• COOKIES

  A Cookie is a piece of information that our web server may send to your machine when you visit one of our websites. The Cookie is stored on your machine, but does not identify you.
  
  A Cookie helps us to recognise you when you re-visit our websites and to co-ordinate your access to different pages on the websites. With most Internet Browsers, you can erase Cookies from your computer hard drive, block all Cookies, or receive a warning before a Cookie is stored.

• LINKS TO OTHER SITES

  We may provide links to other websites on our websites. If you use these links, you will leave our website and we are not responsible for any of these websites, or their usage of your personal information. We recommend that you check the privacy policies on those websites.

• ACCESS, CORRECTION AND OPTING OUT

  You can always opt out of receiving marketing material you receive from us via email, by following the instructions in the relevant email to unsubscribe, or opt out otherwise by contacting us on info@abesbagels.co.nz with your request.
  
  You also have a right to access and seek correction of the personal information we hold about you. You can do so by sending us your request to info@abesbagels.co.nz. You may need to provide proof of identity before we can grant access or make a requested change. In general, we will allow access to the personal information we hold about you, however, we may deny you access if we reasonably believe that providing access would pose a serious threat to the life or health of any individual, providing access would have an unreasonable impact upon the privacy of other individuals, or it is otherwise appropriate for us to deny access in accordance with the Act.
  
  If we agree with your request, we will make any changes requested. If we don’t agree to make changes, we will provide you with the reasons for our decision.

• CONCERNS OR COMPLAINTS

  If you have a concern or complaint in relation to our handling of your personal information or you believe that we have breached the Act or any other applicable privacy laws or codes, you can contact us by email at info@abesbagels.co.nz. We will investigate your concerns and will respond to you in writing as soon as possible (usually within 14 working days).
  
  Further information about your privacy rights can be found at the website of the Office of the Australian Information Commissioner (http://www.oaic.gov.au).

• HOT SAUCE CONTEST

  ABE’S x Culley’s x Hero Sandwich House Hot Sauce Contest Official Rules
  
  All contestants agree to take part in the contest under the following rules:
  
  1. Participants must be 18 years of age or older;
  
  2. The contest will consist of a series of rounds with participants able to withdraw at any stage either during a round or before the next one begins;
  
  3. The sauces will begin at mild heat and will increase based on the Scoville Scale as rounds progress;
  
  4. Each contestant will receive the sauce(s) for that round at the beginning of that round;
  
  5. Contestants will be required to eat the entire piece of Cheese & Jalapeño bagel topped with the rounds sauce within thirty seconds;
  
  6. The winner will be determined by being the last remaining contestant willing to continue in the contest;
  
  7. Contestants may not coat the inside of their mouth with any kind of protective coating and will be disqualified if caught doing so;
  
  8. Each contestant will be given a bottle of milk to consume when desired, but drinking any liquid including the milk provided will result in automatic disqualification;
  
  9. Any contestant that vomits either during the round or within the one minute period after the round has completed will be disqualified;
  
  10. Each contestant recognises that excess consumption of chilli sauce can lead to and/or contribute to health issues;
  
  11. Each contestant agrees that they enter the competition in good health with no underlying conditions that may be exacerbated by participation in the contest:
  
  12. Each contestant is required to sign a release and waiver from liability on the day of participating;
  
  13. The judge's decisions are final.

• ABE'S BAGELS D.N.ABE'S PROMOTION TERMS & CONDITIONS ("CONDITIONS OF ENTRY")

  Schedule
  Promotion: ABE’s Bagels DNAbe’s Promotion
  Promoter: ABE’s Real Bagels Ltd. ABN 94829824873. 30 Hannigan Drive, St Johns, Auckland 1072. New Zealand
  
  Promotional Period:
  • Start date: 31/08/23 at 09:00 am AEST
  • End date: 14/09/23 at 11:59 pm AEST
  • Judging date: 16/09/23 – 18/09/23
  • Acknowledgement and claim of prize: within 48 hours of notification
  
  Eligible entrants: Entry is only open to Australian residents who are 18 years and over.
  
  How to Enter:
  To enter the Promotion, the entrant must complete the following steps during the Promotional Period:
  a) Enter via ABE’s Bagels Instagram page (@abesbagels) and answer the question: “Tell us what you would you do with a year’s supply of free brioche bagels” via the comments on their feed post;
  b) If you are one of 10 lucky winners, you will receive a free DNAbe’s kit and bagels;
  c) The My Heritage DNA kit supplied will need to be registered at www.MyHeritageDNA.com/setup;
  d) You can send your DNA sample to MyHeritage using the pre-paid postage bag, supplied in the DNAbe’s kit;
  e) Share your DNA test results with ABE’s Bagels via email, showing 15% or more French Heritage (we will also accept Northern Europe or Western Europe groupings). To be shared via email no later than 18/12/23.
  
  Entries permitted:
  • Limit to one (1) entry permitted per person
  • Maximum of one (1) prize per person.
  
  Total Prize Pool:
  • Up to AUD$200 DNAbe’s kit
  • Up to AUD$398 DNAbe’s kit + a year’s supply of bagels
  
  Prize Description
  Phase 1 Prize: The prize is a DNAbe’s kit, including:
  • 1x MyHeritage DNA test kit including full instructions of how to administer the kit, your unique activation code and how to register for your results via www.MyHeritageDNA.com/setup
  • Pre-paid postage bag to submit DNA sample to MyHeritage
  • 1x pack of ABE’s Brioche Bagels
  • A message from ABE’s Bagels
  
  Number of this prize: 10
  
  Value (per prize): Up to AUD$200
  
  Winning Method: Judging
  
  Phase 2 Prize: This prize can be claimed from ABE’s Bagels if you are able to prove 15% or more French heritage, via your MyHeritage DNA test results.
  • 1x year’s worth of free ABE’s Brioche Bagels
  • This is 3x packs of ABE’s Brioche Bagels per calendar month, posted to your 1x chosen postal address
  
  The winner will be required to liaise with the Promoter to determine the specific details of the prize, including but not limited to the DNA test results and postal address.
  
  Number of this prize: 10
  
  Value (per prize): Up to $398
  
  Winning Method: Proof of DNA test & Judging
  
  Prize Conditions
  • The winner must have completed competition entry by the date nominated by the Promoter. If the winner cannot, they will forfeit their right to the prize and will not be awarded cash or any other alternative in lieu.
  • The winner must provide postal address for DNAbe’s kit by the date nominated by the Promoter. If the winner cannot, they will forfeit their right to the prize and will not be awarded cash or any other alternative in lieu.
  • The winner must have submitted DNA test results by the date nominated by the Promoter. If the winner cannot, they will forfeit their right to the prize and will not be awarded cash or any other alternative in lieu.
  • Prize is subject to the standard terms and conditions of individual prize and service providers.
  • Subject to the terms and conditions of the participating prize provider(s), if for any reason the winner does not, once the prize has been allocated, take the prize (or an element of the prize) at the time stipulated, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash.
  • The prize is subject to availability.
  • The winner must inform the Promoter of a change of address and the Phase 2 prize will only be valid if the winner is living within Australia for the full duration of 12-month prize period.
  • All other ancillary costs, unless otherwise specified in the prize description, are not included.
  • The Promoter hereby expressly reserves the right to reject any winner for any inappropriate behaviour, including but not limited to, abusing language, falsifying DNA results, in any element of the prize.
  
  Winner notification: Winners will be contacted by email within seven (7) business days of the judging.
  
  Unclaimed Prizes: In the event of an unclaimed prize, the Promoter may at its discretion assign the prize to the entry judged the next best entry, conduct a further judging to award the prize, or withdraw the prize unawarded. The Promoter is under no obligation to award any unclaimed prize.
  
  1. The entrant agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise.
  2. The Promotion commences on the Start Date and ends on the End Date ("Promotional Period"). Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
  3. Valid and eligible entries will be accepted during the Promotional Period.
  4. Employees (and their immediate family members) of agencies/companies directly associated with the conduct of this Promotion, the Promoter, businesses involved in determination of winner/s for the Promotion, businesses involved in the management of the Promotion, any organisation benefiting from the Promotion, the Promoter’s distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. "Immediate family member" means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
  5. Judging:
  a) The winners will be determined by representatives of the Promoter. Each entry will be judged on the basis of the creative merit of the individual provided on entry.
  i) The best ten (10) valid entries, as determined by the judges, will each win the prize specified in the Schedule above.
  ii) The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant.
  iii) The winners will be determined by skill. Chance plays no part in determining the winners. The judges' decision is final and binding and no correspondence will be entered into.
  6. All reasonable attempts will be made to contact each winner.
  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 at the designated time for the receiving of prize; or at the time stipulated by the Promoter, they forfeit the prize and the Promoter is not obliged to substitute the prize.
  8. The value of the prizes is accurate and based upon the recommended retail value of the prizes (inclusive of GST) at the date of printing. The Promoter accepts no responsibility for any variation in the value of the prizes after that date.
  9. No part of a prize is exchangeable, redeemable for cash or any other prize or transferable, unless otherwise specified in writing by the Promoter.
  10. If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or that portion of the prize) to a prize of equal or greater value and specification.
  11. No entry fee is charged by the Promoter to enter the Promotion. Where entry is allowed online, there is no additional cost to enter the Promotion other than any cost paid by the entrant to access the website or social media platform of entry via their Internet service provider.
  12. Each prize will be awarded to the person named in the entry and any entry that is made on behalf of an entrant or by a third party will be invalid. If there is a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or winner.
  13. Entrants' personal information will be collected by the Promoter. Personal information will be stored on the Promoter's database. The Promoter is bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth). The Promoter's privacy policy contains information about how the entrant may access, update and seek correction of the personal information the Promoter holds about them and how the entrant may complain about any potential breach by the Promoter of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with. The Promoter collects personal information about entrants to enable them to participate in this Promotion and may disclose the entrants' personal information to third parties including its contractors and agents, prize suppliers and service providers to assist in conducting this Promotion. If the entrant does not provide their personal information as requested, they may be ineligible to enter or claim a prize in the Promotion. Personal information collected from entrants will not be disclosed to any entity located outside of Australia and New Zealand.
  14. The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of a prize, if the Promoter determines in their absolute discretion, that a winner is not in the physical or mental condition necessary to be able to safely participate in or accept the prize. It is a condition of accepting the prize that a winner may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving a prize.
  15. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.
  16. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
  17. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize.
  18. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant's details (including an entrant's identity, age and place of residence). In the event that a winner cannot provide suitable proof as required by the Promoter to validate their entry, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid. The Promoter reserves the right to disqualify any individual who provides false information, fails to provide information, conspires with others to gain an unfair advantage or is otherwise involved in any conduct that involved manipulating, interfering or tampering with this Promotion or otherwise preventing the conduct of the Promotion as intended by the Promoter.
  19. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion or claiming a prize, the Promoter will resolve the dispute in direct consultation with the entrant. If the dispute cannot be resolved the Promoter’s decision will be final.
  20. The Promoter and its associated agencies and companies 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 or wilful misconduct) in connection with this Promotion or accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
  21. The entrant will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.
  22. Unless otherwise specified, a prize is a single event for the winner and cannot be separated into separate events or components.
  23. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.
  24. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.

Last Updated: Aug, 2023