POST LOCKDOWN GETAWAY T&Cs
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 VIC 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 2/11/20 and closes 11:59pm AEDST on 30/11/20 (“Promotional Period”).
HOW TO ENTER
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, during the Promotional Period, spend $10 or more at an Oporto restaurant in Victoria during the Promotional Period and ensure the purchase is applied to their Flame Rewards membership.
8. Each member will receive one (1) automatic entry for every $10 increment spent in a single transaction at an Oporto restaurant in Victoria during the Promotional Period.
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.
10. 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. All valid entries received during the Promotional Period will be entered into the prize draw, which will take place at Oporto (Franchising) Pty Ltd, Level 12, 12 Help St, Chatswood, NSW, 2067 on 2/12/20 at 2pm AEST. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
13. The first three valid entries drawn will win one (1) major prize. Each major prize winner may choose one (1) of the following three prize choices valid for two (2) people valued at up to $1,650.00AUD each (total prize pool value of $4,950.00AUD).
1. Victorian High Country Escape includes:
- Two (2) nights’s accommodation for two (2) people at the 1860 Hut, Beechworth, Victoria
- Private guided day hiking tour for two (2) people in the Victorian High
2. Victorian Spa Country Retreat includes:
- Two (2) night’s accommodation for two (2) people at the Hepburn Springs Escape Villas
- Private Wellness Mineral Bath for two (2) people (45min), drawn directly from the source at Hepburn Bathhouse & Spa
- Choice of either a 60 min Wellness Massage or Pure Replenishing Facial for two (2) people
- Local Produce Hamper made from unique ingredients sourced from
the Hepburn and Daylesford Regions
3. Victorian Winery Weekend includes:
- Two (2) night’s accommodation for two (2) people in a Private Villa at Araluen Lodge
- Private Guided Wineries Tour of the Yarra Valley for two (2) people
14. Winners will be notified in writing within two (2) business days of the draw and their name will be published online at https://www.oporto.com.au/win-a-post-lockdown-getaway/ from 07/12/2020.
15. Additional spending money, taxes, insurance, transport to and from the prize locations, 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.
16. The prize must be taken within 12 months of the prize draw date (2/12/20) and is subject to booking availability. The prizes may not be taken during or surrounding peak periods, public holidays or major events. If the Activity is varied for any reason beyond the control of the Promoter it may not be rescheduled and no compensation will be offered. The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash. In the event of war, terrorism, pandemic, 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.
17. The Prize is subject to the standard terms and conditions of individual prize and service providers. Winner and companions may be required to present a credit card at time of accommodation check in.
18. 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 the Activity if, at any time, they reasonably believe that they pose a safety risk or for any other reason; and/or (b) cancel the 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.
19. As a condition of accepting the prize, the winner and 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.
20. The winner and companion of the prize acknowledge that elements of the prize may be considered to be 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.
21. Prize must be claimed by 15/12/20. A draw for the major prize, if unclaimed, may take place on 11/01/21 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/win-a-post-lockdown-getaway/ on 15/01/21.
22. The Prize is non-transferable, non-negotiable, and non-refundable with no cash alternative.
23. If the 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.
24. 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. Instant win game materials void if stolen, forged, mutilated or tampered with in any way.
25. 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.
26. 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.
27. 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.
29. The Promoter is Oporto (Franchising) Pty Ltd (ABN 86 083 011 349) Level 12, 12 Help Street, Chatswood NSW 2067, telephone 02 8905 8400.