“WIN A YEARS SUPPLY OF OPORTO” PROMOTION TERMS AND CONDITIONS
WIN A YEARS SUPPLY OF OPORTO PROMOTION TERMS AND CONDITIONS
- 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.
- Entry is only open to Australian residents (excluding South Australia, Northern Territory and Tasmania) aged 13 years or over who are verified members of the Oporto Flame Rewards loyalty program. Entrants must remain fully verified members of the Oporto Flame Rewards loyalty program as at the time of the draw in order to be eligible to win any prize.
- Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.
- 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.
- Promotion commences Wednesday 5th September 2018 and closes 11:59pm AEST on Sunday 23rd September 2018 (“Promotional Period”).
- 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 loyalty program is subject to the membership terms and conditions available at https://www.oporto.com.au/flame-faqs/;
- have previously downloaded and installed the Flame Rewards app (available from App Store or Google Play) onto a compatible device and be logged in with their existing credentials or download and install the app and register their Oporto Flame account details with the app by following the instructions and providing the information requested in the app, during the Promotional Period.
- To enter, eligible entrants must, during the Promotional Period, turn on location services and push notifications in the Flame Rewards app, then make any food purchase at an Oporto’s store of $20 or more. To turn on location services and push notifications, eligible entrants must log in to their Oporto Flame account on the Flame Rewards app, select the ‘More’ button and then select the ‘Set Up Guide’ and follow the prompts.
- 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.
- Only one (1) entry permitted per member.
- 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.
- All valid entries received during the Promotional Period will be entered into a draw, and selected by an electronic random draw. The draw will take place at Level 12, 12 Help St, Chatswood, NSW, 2067 on Wednesday 26th September 2018 at 10:00am AEST. Winners will be notified in writing via email within two (2) business days of the draw and their names will be published on https://www.oporto.com.au on Thursday 27th September 2018.
- The Promoter’s decision is final and no correspondence will be entered into.
- The first valid entry drawn will win a year’s supply of Oporto’s valued at $1,040 (based on an average spend of $20 per week for 52 weeks).The prize will be awarded in the form of a Flame Rewards Dollar credit loaded onto the winner’s Flame Rewards account. The Flame Rewards Dollar credit can be redeemed in any participating Oporto store subject to the standard Flame Rewards program terms and conditions. The prize will be awarded in four (4) quarterly instalments of $260 each. The winner must give acknowledgment of the prize before it can be issued.
- The next three (3) valid entries drawn will each win a $50 Flame Rewards Dollar credit loaded onto the winner’s Flame Rewards account.
- 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.
- Total prize pool value is $1,190. Prizes are not transferable or exchangeable and cannot be taken as cash unless stipulated otherwise.
- A draw for any unclaimed prizes may take place on Friday 4th January 2019 at the same time and place as the original draw, subject to any directions from a regulatory authority. Any winners will be notified in writing via email within two (2) business days of the draw and their names will be published on https://www.oporto.com.au on Friday 14th January 2019.
- 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.
- 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.
- 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 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.
- 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.
- 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/18/27653