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 Australian residents (excluding TAS, NT & SA) aged 13 years or over who are verified members of the Oporto Flame loyalty program.
3. Promotion commences 13/12/17 and closes 11:59pm AEDT on 24/12/17 (“Promotional Period”). This promotion consists of twelve (12) promotional offers (“Offer”), with one (1) Offer available each day of the Promotional Period.
4. To be eligible to claim an Offer, individuals must be a verified member of the Oporto Flame 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 loyalty program is subject to the membership terms and conditions available at https://www.oporto.com.au/flame-faqs/.
5. To claim an Offer, eligible claimants must, during trading hours each day during the Promotional Period, satisfy the purchase condition for that Offer as specified in the table below, and have their Oporto Flame membership card swiped at the point of purchase. Where gifts are limited, as noted in the table below, the Offer is subject to the availability of those gifts.
6. The Promoter reserves the right, at any time, to verify the validity of claims and claimants (including a claimant’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 claim 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.
7. Multiple claims permitted, subject to the following: (a) only one (1) claim permitted per transaction; (b) only one (1) claim permitted per person per day; and (c) each entry must be submitted separately and in accordance with entry requirements.
8. If there is a dispute as to the identity of a claimant, the Promoter reserves the right, in its sole discretion, to determine the identity of the claimant.
9. Successful claimants will be notified by email except for those gifts redeemable on the same day as the spend requirement.
10. The Promoter’s decision is final and no correspondence will be entered into.
11. Total value of limited gifts is up to $8,350. Gifts are not transferable or exchangeable and cannot be taken as cash.
12. Claimants consent to the Promoter using their name, likeness, image and/or voice in the event they are a successful claimant (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.
13. 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 claimant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
14. 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 Competition and Consumer 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 this promotion.
15. 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 claimant; or (f) use of a gift.
16. 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/17/20195