Menulog Restaurant Awards – People’s Choice Competition 2018
Terms and Conditions for Consumers
Information on how to enter the Promotion forms part of these Terms and Conditions. Entries not made in accordance with these terms and conditions will be disqualified.
Section 1: Promotion
- Promotion: An eligible entrant who submits a vote for a Menulog restaurant partner listed as a nominee on the Menulog Restaurant Awards ‘People’s Choice’ website will be selected by random draw to win the Prize of ‘A Season’s Worth of Menulog’, meaning 1 x $25 Menulog voucher for 90 days with a total prize of AUD$2,250. These Terms and Conditions only apply to the consumer voting section of the Menulog Restaurant Awards – People’s Choice promotion as a subsection of the Menulog Restaurant Awards Series. Volume of consumer votes will only dictate the Winner and Runner Up for the People’s Choice Awards. All other awards as part of this series will be awarded to Menulog Restaurant Partners at the discretion of Menulog.
- Promoter: The promoter is Menulog Pty Ltd ABN 76 120 943 615 of Level 23, 227 Elizabeth Street, Sydney, NSW 2000, Australia.
- Promotion Period: The Menulog Restaurant Awards People’s Choice Consumer Voting period will will commence 12.01am on Monday 3 September 2018 AEST and will close at 11.59pm Monday 24 September 2018 AEST, following which Prize Winners will be contacted (see Clause 13).
Section 2: Eligibility
- Eligibility: To be eligible to enter the Promotion, an Entrant must validate all votes (10 x votes per person limited to 1 x vote per restaurant per person) by either signing in via Facebook or Google. In the instance an Entrant is successful in winning the Prize, Entrants must have or create a Menulog account via www.menulog.com.au or the Menulog apps in order to redeem the prize.
- Non-Eligibility: The entrant must not be an employee, manager, director of the Promoter, their related companies and agencies, and their immediate families.
- Further, any missing or incorrect information or contact details provided on the entry form, or any subsequent cancellation of an entry before the conclusion of the promotion, will render that entry invalid.
By submitting an entry to the Promotion, each entrant agrees to assign all rights in the entry to the Promoter and consents to the Promoter using the entry in any manner the Promoter wishes (including modifying, adapting or publishing the entry, whether in original or modified form, in whole or in part or not at all), by way of all media, without payment to the entrant (of royalties, compensation or otherwise). By submitting an entry, each entrant consents to any dealings with the entry that may otherwise infringe their moral rights in the entry. The Promoter may copy any content submitted as part of an entry, cause the content to be seen and/or heard in public, and communicate the content to the public. It may also allow third parties to do these things.
Section 3: Entry to the Promotion
- To enter, Entrants must place at least one vote for one restaurant nominated for the Menulog People’s Choice at restaurantawards.menulog.com.au. Entrants may place this vote via the voting buttons on restaurant profiles on the homepage or by clicking onto a nominated restaurant’s profile and again clicking the vote button. All Entrants must complete the voting process in full, including validation via the Entrant’s Facebook or Google Account. If an Entrant does not have a Facebook or Google Account in order to enter the Promotion, the Entrant cannot progress with their submission. The Entrant will be provide an opportunity to submit a response in addition to their vote, however this is not a mandatory part of the voting process. Entrants that do not provide a response will still be entered into the Promotion. Each Entrant can submit up to 10 votes, with a limit of one vote per restaurant nominated. Entrants must complete the entry and validation process for every vote. At the conclusion of the Promotional Period, all votes will be tallied by the Promoter in order to determine the restaurant named ‘People’s Choice Winner’ and ‘People’s Choice Runner Up’.
Entrants are strictly prohibited from using vote exchange mechanisms in order to influence the outcome of the Promotion. Any entrant found to be using vote exchange mechanisms will be disqualified.
Section 4: Judging
- Judging: One entry made by Eligible Entrants will be selected as the winning entry by a random draw by a representative of the Promoter. The random prize draw will take place at 10.00am AEST on Tuesday 25 September 2018 (‘Draw Date’) at Level 23, 227 Elizabeth Street, Sydney, NSW, 2000, Australia. This is a game of chance and the winner of the Promotion will be selected at random by the Promoter. The Promoter’s decision will be final and no correspondence will be entered into.
- Prize Winners: The Prizes described below in Section 5 will be awarded to winning entrant only.
Section 5: Prizes
- Prize Components: The Promotion offers one Prize only. The Prize consists of ‘A Season’s Worth of Menulog’. The Promoter defines this as 90 x days where the Winner will receive 1 x $25 per day to use on that day to purchase food or drink from the Menulog website or App. Vouchers will be limited to Delivery orders only. Vouchers can be used in Credit or Debit card orders only, and cannot be used for cash orders. Vouchers will be provided to the Winner as codes to be entered into the Menulog checkout process. These codes will be listed against the date they are valid for within the 90 day period. Codes will be provided to the Winner the day following their acceptance of the prize.
- Prize Value: The total retail value of the Prizes to be won is valued at AUD$2,250 inclusive of GST. Prize values are accurate as at the commencement of the promotion.
- Prize Conditions: The Prizes are subject to the following conditions:
- No exchange of Prize: Prizes will be supplied as described in these Terms and Conditions of Entry. The Prize can be transferred to another person or entity at the absolute discretion of the Promoter. However, it cannot be exchanged or redeemed for cash. If for any reason, the Prize Winner cannot take any component of the Prize and it does not wish to transfer the Prize, then the Prize will be forfeited;
- Taxes: Winners will be responsible for any tax liability associated with a Prize.
- If a prize or element of a prize becomes unavailable, for any reason beyond the Promoter’s reasonable control, then a comparable prize or prize element of equal or greater value will be awarded in lieu.
Section 6: Prize Winners
- Contact: The Winner will have their details published on restaurantawards.menulog.com.au no later than 5.00PM AEST on the Draw Date. The Promoter will contact the Prize Winner in writing and via phone within two (2) business days of the draw to confirm their eligibility under these terms and conditions and to confirm whether the Prize Winners wish to claim their Prize.
- Claim of Prize and re-draw: Prizes must be claimed by no later than 5.00pm AEDT on Tuesday 25 December 2018. If the Prize Winners fail to do so by the deadline, the Prize Winners will be deemed to have forfeited their Prize. If there are any unclaimed or un-awarded Prizes due to ineligibility or other reasons, a Prize redraw will be conducted on Wednesday 2 January 2019 at the same time and place as the original draw. The Winner will have their details published on restaurantawards.menulog.com.au no later than 5.00PM AEDT on Wednesday 2 January 2019. The Promoter will contact the Prize Winner in writing and via phone within two (2) business days of the draw to confirm their eligibility under these terms and conditions and to confirm whether the Prize Winners wish to claim their Prize.
- Winner Publicity: In accepting a Prize, the Prize Winner agrees to participate in any publicity arrangements made by or on the behalf of the Promoter in relation to the Promotion. The Prize Winner further acknowledges that the Promoter reserves the right to publicise their name, state, country and photographs without any payment being made to them in respect of this Promotion.
Section 7: General Conditions
- Lost, Delayed Communication: The Promoter will not be responsible for any delayed, lost or misdirected mail or any other communication.
- Release: To the fullest extent permissible by law, each entrant in the Promotion including without limitation the Prize Winners, releases the Promoter from any claim, loss, damage, expense (including any claim for legal expenses), cost or charge sustained or in any way incurred by such entrant in connection with the Prize or their participation in the Promotion. The Promoter, its related bodies corporate, their officers, employees and agents will not be liable for any loss, damage or personal injury whatsoever (including but not limited to direct, indirect, consequential and economic loss) suffered or sustained in connection with this Promotion, the promotion of this Promotion, or the use of any Prize, except for any liability which cannot be excluded by law. Further, to the fullest extent permitted by law, the Promoter excludes liability for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the Internet or any website, or any unauthorised intervention, or any combination thereof, including any non-delivery or corruption of entries to the Promoter, injury or damage to participants’ or any other person’s computer related to or resulting from participation in or downloading any materials in this Promotion. 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.
- Force Majeure: Subject to applicable law, the Promoter will not be responsible for any act, omission, failure or delay by the Promoter that is due to an act of God, riots, acts of terrorism, storms, fire, any labour or industrial dispute, any strike, and other acts, which are not reasonably within the control of the Promoter.
- Disputes: In the event of a dispute, the decision of the Promoter is final and binding and no correspondence will be entered into.
- Privacy Notice: During the course of the Promotion, the Promoter may collect personal information in relation to entrants and their representatives. This may include, but is not limited to, the names, email addresses, telephone numbers and other details provided by the entrant on the registration form. The entrant’s and its representative’s personal information is collected so the Promoter is able to contact and award the Prize to the Prize Winner, to publish the results of the Promotion and to publicise the Promotion.
— NSW permit number LTPS/18/27124