12 Days of Christmas Terms and Conditions
“OPORTO 12 DAYS OF CHRISTMAS” PROMOTION
TERMS AND CONDITIONS
1. Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is only open to NSW, ACT, VIC, QLD & WA residents aged 18 years or over who are verified members of the Oporto Flame Rewards loyalty program.
3. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
4. The Promoter’s decision is final and no correspondence will be entered into.
5. Promotion commences 13/12/19 and closes 11:59pm AEDST on 24/12/19 (“Promotional Period”).
6. To be eligible to enter, individuals must be a verified member of the Oporto Flame Rewards loyalty program, or become a verified member during the Promotional Period. To be a verified member, the individual must have provided all relevant details to the Promoter including a valid and current email address, received an email requesting verification of their details, and responded to that email in order to complete the verification process. Membership into the Oporto Flame Rewards loyalty program is subject to the membership terms and conditions available at https://www.oporto.com.au/flame-faqs/. Entrants must remain Flame Rewards loyalty members at the time of the draw to claim any prize.
7. To enter, eligible entrants must spend $15 or more, in a single transaction, at a participating Oporto restaurant during the Promotional Period and ensure the purchase is applied to their Flame Rewards membership number by scanning their loyalty card, either a physical card or the digital version available via the Oporto App, (“Qualifying Transaction”). Participating Oporto restaurants include Oporto restaurants in NSW, ACT, VIC, QLD and WA only. Transactions at the Sydney Football Stadium, Gregory Hills, Cairns Airport and Entertainment Quarters restaurants are excluded.
8. Upon submitting a valid entry in accordance with the above, individuals will be notified instantly via SMS (to the same number recorded on their Oporto Flame Rewards Loyalty membership) IF they are a winner of an instant prize. For clarity non-winners of an instant win prize will not receive an SMS notification. All valid entries received from winners and non-winners of an instant prize will automatically be placed in the major prize draw and individuals will be sent an email confirming their entry into the major prize draw.
9. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
Number of Entries permitted
10. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per Qualifying Transaction regardless of how much is spent in that Qualifying Transaction in excess of $15. For clarity, if an individual spends $30 in a single transaction, they will only be entitled to one (1) chance at an instant prize and one (1) entry into the major draw; and (b) each entry must be submitted separately and in accordance with entry requirements.
11. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
12. There are fifty (50) instant prizes available to be won each day of the Promotional Period (600 in total). Instant winners will be notified instantly via SMS if they have won a prize.
13. There will be a different instant prize to be won each day of the Promotional Period as follows:
14. All food related instant prizes (with the exception of the Original Chilli Sauce Jar awarded on 24/12/19) will be automatically credited to the winning individual’s Oporto Flame Rewards loyalty program account where they can redeem the food item prize at participating Oporto restaurants using their loyalty card or the Oporto App. All food related instant win prizes will be valid for 7 days from the date of issue.
15. All Movie Ticket prizes, and the Original Chilli Sauce Jar prizes will be sent by Australia Post to the winner’s nominated address which will be determined after winner notification. Winners of a Movie Ticket prize and/or Original Chilli Sauce Jar prize have until 24/03/20 to claim their prize and confirm their residential address
16. In the event of any ACT winners of an Instant Prize, their names will be announced online at https://www.oporto.com.au on 14/01/20.
Major Draw Prize
17. All valid entries received during the Promotional Period will be entered into the major prize draw, which will take place on 14/01/20 Oporto (Franchising) Pty Ltd, Level 12, 12 Help St, Chatswood, NSW, 2067 at 10:00am AEDST in the presence of a scrutineer. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The winner will be notified in writing via email within two (2) business days of the draw and their name will be published on https://www.oporto.com.au on 16/01/20.
18. The first valid entry drawn in the major prize draw will win a trip to Portugal for two (2) people valued at up to $14,790AUD depending on date and point of departure. The prize includes:
- Return economy class airfares from the winner’s nearest Australian capital city to Portugal, flying into Lisbon and out of Porto, for two (2)adults;
- Airport transfer in Lisbon;
- Airport transfer in Porto
- Four (4) nights’ minimum 4star accommodation in a boutique hotel in Lisbon
- Four (4) nights’ minimum 4star accommodation in a boutique hotel in Porto
- Private transfer from Lisbon to Porto
- A sunset cruise in Lisbon for two (2) adults
- A private dining experience with a chef for two (2) adults;
- A private local hosted tour of Lisbon by night for two (2) adults;
- A Private Portuguese Tile Making Experience for two (2) adults;
- A private guided tour of Douro Valley for two (2) adults;\
- An exclusive FC Porto soccer experience for two (2) adults; and
- $1000AUD Prize Money for the winner only.
a. Additional spending money, taxes, insurance, transport to and from departure point, activity transfers, items of a personal nature, in-room charges and all other ancillary costs incurred as a result of taking part in the prize are not included.
b. The winner and their companion must possess a valid Australian passport with a minimum of (6) six months validity from the date of scheduled return to Australia. It is the responsibility of the winner and their companion to ensure that they have full and correct documentation for travel.
c. The prize must be taken between 28/0420 – 12/05/20 and is subject to booking and flight availability. If the prize (or an element of the prize) is varied for any reason beyond the control of the Promoter it may not be rescheduled and no compensation will be offered. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion, subject to any written directions from a relevant State and/or Territory regulatory authority.
d. The winner and their companion must depart from and return to the same departure point and travel together. Once flight dates have been confirmed by the prize provider/s no further changes will be allowed. The itinerary is to be determined by the Promoter in its absolute discretion. The airline is selected exclusively by the Promoter’s agent. Frequent flyer points will not form part of the prize. Winner and their companion may be required to present a credit card at time of accommodation check in.
e. The Promoter, prize provider and activity operators, in their absolute discretion, at all times reserve the right to: (a) prevent any winner and/or their companion from participating in an activity if, at any time, they reasonably believe that they pose a safety risk or for any other reason; and/or (b) cancel an activity if the conditions are deemed dangerous. (c) vary and/or substitute the prize (or part thereof) without notice with a prize to the equal value and/or specification, subject to any written directions from a State and/or Territory regulatory authority.
f. As a condition of accepting the prize, the winner and their companion must sign any legal documentation as, and in the form required by the Promoter and/or prize providers in their absolute discretion, including but not limited to a legal release and indemnity form.
g. The winner and their companion of the prize acknowledge that elements of the prize are dangerous and may result in injury or death, and participate at their own risk. To the full extent permitted by law neither the Promoter, and/or any of its employees, contractors and agents or employees of its contractors and agents, and/or companies providing prizes for the Promotion, will be liable for any liability / cost / loss / damage / expense / death / personal injury suffered or incurred or any dispute (including, but not limited to, direct / indirect /consequential loss) arising out of, or in connection with this Promotion.
General Prize Conditions
19. Prizes are subject to the standard terms and conditions of individual prize and service providers.
20. Total prize pool value is up to $20,127.50AUD.
21. Prizes are not transferable or exchangeable and cannot be taken as cash unless stipulated otherwise.
22. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
23. The major prize must be claimed by 31/01/20. A draw for the major prize, if unclaimed, may take place on 10/02/20 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner, if one is required, will be notified in writing via email within two (2) business days of the draw and their name will be published on https://www.oporto.com.au on 17/02/20.
24. A draw for any won, but not claimed, Movie Tickets or Original Chilli Sauce Jar instant prizes will take place on 25/03/20 at Oporto (Franchising) Pty Ltd, Level 12, 12 Help St, Chatswood, NSW, 2067 at 10:00am AEDST, subject to any directions from a regulatory authority. In the event of any ACT winners, their name/s will be announced online at https://www.oporto.com.au on 27/03/20.
25. If for any reason a winner does not redeem a prize (or an element of a prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
Statutory guarantees, Waiver and liability
26. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
27. In consideration for the Promoter awarding the prize to the winner, the winner hereby permits the winner’s submission, image and/or voice, as recorded, photographed or filmed during the winner’s participation in the prize to appear in connection with the Promoter, or the advertising or marketing thereof, in any media whatsoever and the winner will not be entitled to any fee for such use.
28. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
29. Quality control errors will not invalidate an otherwise valid prize claim. Unless otherwise due to fraud or ineligibility under these Terms and Conditions, all prize claims in excess of the advertised prize pool will be honoured. Any instant win prizes that are won but not claimed will be awarded in the unclaimed prize draw. Instant win game materials void if stolen, forged, mutilated or tampered with in any way.
30. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its 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 promotion, as appropriate, subject to the directions of a regulatory authority.
31. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
32. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize.
34. The Promoter is Oporto (Franchising) Pty Ltd (ABN 86 083 011 349) Level 12, 12 Help Street, Chatswood NSW 2067, telephone 02 8905 8400.
NSW Permit No.LTPS/19/40533
ACT Permit No.TP19/04785