These Terms and Conditions and all other information provided by the Promoter to the entrant prior to entering the Competition, including the Schedule and any instructions on how to enter the Competition, form part of these Terms and Conditions. Participation in this Competition is deemed acceptance of these Terms and Conditions. Any entry not complying with these Terms and Conditions is invalid. The Schedule defines certain terminology used within these Terms and Conditions and to the extent of inconsistency between the Schedule and these Terms and Conditions, the Schedule will prevail.
Entry is only open to residents of the Relevant States who comply with the Entry Restrictions and have a valid email address and phone number. Employees (and their immediate family members) of the Promoter, participating retailers and agencies associated with this Competition are ineligible to enter. Immediate family members include 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 first cousin.
The Competition will be conducted during the Competition Period. To enter the Competition entrants must follow the Entry Method and comply with all other applicable requirements during the Competition Period. Entries must be received by the Promoter during the Competition Period. Entrants may submit up to the Maximum Entries Per Person. Multiple entries (where permitted) must be submitted separately. Automated and computer generated entries will not be accepted.
These Terms and Conditions and all other information provided by the Promoter to the entrant prior to entering the Competition, including the Schedule and any instructions on how to enter the Competition, form part of these Terms and Conditions. Participation in this Competition is deemed acceptance of these Terms and Conditions. Any entry not complying with these Terms and Conditions is invalid. The Schedule defines certain terminology used within these Terms and Conditions and to the extent of inconsistency between the Schedule and these Terms and Conditions, the Schedule will prevail.
Entry is only open to residents of the Relevant States who comply with the Entry Restrictions and have a valid email address and phone number. Employees (and their immediate family members) of the Promoter, participating retailers and agencies associated with this Competition are ineligible to enter. Immediate family members include 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 first cousin.
The Competition will be conducted during the Competition Period. To enter the Competition entrants must follow the Entry Method and comply with all other applicable requirements during the Competition Period. Entries must be received by the Promoter during the Competition Period. Entrants may submit up to the Maximum Entries Per Person. Multiple entries (where permitted) must be submitted separately. Automated and computer generated entries will not be accepted.
The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions will be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. Incomplete or indecipherable entries will be deemed invalid.
Entries are deemed to be received at the time of receipt into the Promoter’s database. The Promoter is not responsible for receipt of incorrect, inaccurate or incomplete information caused by an entrant or occurring during transmission. The Promoter is not responsible for any problems or technical malfunction of any telephone or computer device, telephone or computer networks, or any telecommunications lines, servers, suppliers or providers, traffic congestion on any phone or computer network, or any combination thereof. The Promoter is not responsible for any injury or damage to an entrant’s telephone device, handset or computer related device, resulting directly or indirectly from participation in this Competition and/or sending or receiving any communication or materials related to or in this Competition. The Promoter has no obligation to acknowledge or return the entry to the entrant.
The entrant acknowledges and agrees that the entry is not obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, and does not encourage any conduct that would be considered a criminal offence, would give rise to any civil liability, or violate any applicable law.
The entrant confirms and warrants that they have full power and authority to enter into the Competition and accept these Terms and Conditions, and hereby agrees to indemnify the Promoter from and against any and all costs and damages incurred directly or indirectly as a result of any breach of the representations and warranties made by the entrant herein or in the entry for the Competition.
All entries into this Competition are the property of the entrant. Each entrant, by entering this competition, grants the Promoter an irrevocable, perpetual, sub-licensable, worldwide gratis licence to reproduce, edit, publish, communicate and otherwise use their entry to the Competition in any manner whatsoever, including, without limitation, in further promotion of the Competition and any other commercial purposes, which may extend to, or involve use by or with, one or more third parties. If requested by the Promoter, the entrant shall complete and sign a formal licence of copyright to give effect to the foregoing.
The Promoter reserves the right to reject any entry submitted to the Competition.
To the extent necessary, the entrant hereby waives all moral rights (as defined by the Copyright Act 1968 (Cth)), including the right of attribution.
The entrant warrants the entry does not incorporate any materials which are subject to any third party proprietary rights and does not otherwise infringe on any third party’s rights. The entrant further warrants that they have the required consents and approvals from individuals appearing in the entry.
At the conclusion of the Competition Period, on the Judging Date and Time, the entries will be judged by suitability qualified representatives of the Promoter based on the Judging Criteria. The Prize will be awarded to the entrant which best meets the Judging Criteria. Chance plays no part in determining the outcome.
The winner shall be determined at the central support office of the Promoter, Nando’s Australia, at 40 Mollison Street, Abbotsford, Victoria 3067, and shall be notified in accordance with the Notification of Winner section of the Schedule.
The judges’ decision is final and binding upon all entrants and no correspondence will be entered into. Entrants who are not winners will not receive any notification at all. The Promoter will contact the winner in accordance with the Notification of Winner section of the Schedule to arrange for delivery and/or collection of the Prize.
The Prize must be taken as stated and no compensation will be payable if a winner is unable to use the Prize as stated. The Prize is not transferable to another person (unless agreed to by the Promoter) or exchangeable for other goods and services and cannot be redeemed for cash.
The Promoter reserves the right to request that winners provide proof of identity, proof of residency and/or proof of entry validity (for example, a phone bill or restaurant receipt for purchase requirement) in order to claim a Prize. Proof of identity, residency and/or entry validity considered suitable for verification is at the Promoter’s discretion. If a winner cannot provide suitable proof, the winner will forfeit the Prize in whole and no substitute will be offered.
The Promoter reserves the right to re-judge the Competition if any winner is unable to satisfy these Terms and Conditions. If a winner does not claim the Prize by the Prize Claim Date and Time they will forfeit the Prize. If a Prize remains unclaimed or forfeited through ineligibility or otherwise, the Promoter will conduct further judging, as required, at the same time and place as the original judging on the day after the Prize Claim Date and Time. The alternate winner shall be notified within five (5) days after the re-judging is complete.
If the Prize is unavailable for any reason, the Promoter, in its discretion, reserves the right to substitute the Prize with a gift to the equal value and/or specification, subject to any written directions from a regulatory authority.
By entering the Competition, each entrant agrees that the Promoter may disclose their personal information to any applicable State and Territory lottery department and if they are a winners of the Competition may have their names published as required under any relevant lottery legislation, including publishing, or causing to be published, the winner’s names and suburb in any media, including on the Website.
If required by the Promoter, the winner agrees to participate in any promotional activities associated with the Competition and the Prize such as public appearances and photo opportunities that might be required by the Promoter. The winner agrees to the Promoter using the winner’s likeness and image for any purpose related to the Competition and the Prize. The winner grants the Promoter a perpetual and non-exclusive licence to use such footage and photographs in all media worldwide indefinitely, and the winner will not be entitled to any fee for such use.
If this Competition is interfered with in any way, or is not capable of being conducted as reasonably anticipated, due to any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law, (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Competition, as appropriate.
Any cost associated with accessing the Competition websites and mobile applications, including the Website, is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated software, or any other mechanical or electronic means, that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Competition, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any claim or offer that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in Prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a entrant; or (f) use of a Prize.
The Promoter and its associated agencies shall not be liable in any way if the performance of obligations hereunder is delayed or becomes impossible by reason of any Act of God, war, fire, earthquake, strike, sickness, accident, civil commotion or any other cause.
Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Terms and Conditions 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).
The entrants acknowledge that the Promoter needs to collect the personal information requested in the entry form to be submitted with an entry, so that the Promoter can enter an entrant into the Competition.
These Terms and Conditions shall be governed by the law of Victoria, Australia.
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