Oporto – Win a Year’s Worth of Oporto Food (prize valued at $1,200)

“BUILD YOUR OWN BOX” PROMOTION
TERMS AND CONDITIONS
1. Information on how to enter, the gifts and the major prize form part of these Terms and
Conditions. Participation in this promotion is deemed acceptance of these Terms and
Conditions.
2. The Promoter is Oporto Franchising Pty Ltd (ABN 86 083 011 349) of Level 12, 12
Help Street, Chatswood NSW 2067, telephone: 02 8905 8400.
3. Entry is only open to NSW, ACT, VIC, WA and QLD residents aged 13 years or over.
4. 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.
5. 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.
6. Entries into the promotion open on 03/03/2020 and close at 11:59pm AEST on
31/03/2020 (“Promotional Period”).
7. Individuals must be an existing verified member of the Oporto Flame Rewards
program, or become a verified member on the same day that they submit their Entry
(as defined below), in order to be eligible to claim a gift or the major prize. To be a
verified member, the individual must have provided all relevant details to the Promoter
including a valid and current email address. Individuals will then receive an SMS
requesting verification of their details and must respond to that SMS 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/.
8. To enter, eligible individuals must complete the following steps during the Promotional
Period:
visit https://yearofoporto.com.au and follow the prompts to the promotion
entry page;
input the requested details (including their full name, email address,
postcode and suburb);
guess the snack selection, burger selection and sauce selection for that day
(based on the images provided); and
submit the fully completed entry form.
The email address listed on the entry form must match the email address listed on the
entrant’s Flame Rewards account in order to be valid. Entrants will receive one (1)
entry for completing the steps outlined above (“Entry”).
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9. In addition to the above, entrants will also have the opportunity to receive additional
entry/entries into the major prize draw for each of the following activities (each an
“Additional Activity”):
Share the competition on Facebook as prompted for one (1) additional
entry;
Share the promotion via a unique URL as prompted for one (1) additional
entry; and/or
Share the promotion via Twitter for one (1) additional entry.
10. Multiple entries permitted, subject to the following:
only one (1) Entry is permitted per person per day;
each Entry must be submitted separately and in accordance with entry
requirements; and
each Additional Activity can only be completed once per person per day,
with a maximum of three (3) additional entries permitted per person per day.
11. 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.
12. Incomplete or indecipherable entries will be deemed invalid.
13. 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.
14. The major prize draw will take place at Peazie Social Media (Group) Pty Ltd, Level 6,
152 Elizabeth Street, Melbourne VIC 3000 on 02/04/2020 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. The major prize winner will be notified in writing within
two (2) business days of the draw and their name will be published online at
https://yearofoporto.com.au from 06/04/2020.
15. The first valid entry drawn will win the major prize of a year’s worth Oporto, valued at
$1,200. The prize will be awarded as a credit loaded onto the winner’s Flame Rewards
account in twelve (12) monthly instalments of $100 each. The $100 credit must be
redeemed within the same month it is awarded. Any unused credit will be forfeited by
the winner and will NOT roll over into the following month. The first monthly instalment
will be loaded onto the winner’s Flame Reward’s account within two (2) business days
days of being verified as the winner, and accepting the prize. The Flame Rewards
credit can be redeemed in any participating Oporto store nationally, subject to the
standard Flame Rewards program terms and conditions.
16. Every entrant who correctly guesses the snack selection, burger selection and sauce
selection (based on the images provided) will be awarded the gift of a free Oporto
donut with any purchase valued at $2. For the removal of doubt, entrants must guess
all three (3) selections correctly in order to receive the gift. The gift will be awarded as
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a voucher loaded onto the entrant’s Flame Rewards account. Successful entrants will
be notified in writing, and the voucher will automatically be loaded onto the entrant’s
Flame Rewards account within eight (8) business days of notification. The voucher can
be redeemed in any participating Oporto store nationally, subject to the standard Flame
Rewards program terms and conditions.
17. The Promoter’s decision is final and no correspondence will be entered into.
18. Subject to the unclaimed prize draw clause, if for any reason the winner does not take
/ redeem the major prize at/by the time stipulated by the Promoter, or a successful
entrant does not take / redeem the gift at/by the time stipulated by the Promoter, then
the major prize or gift will be forfeited.
19. If the major prize or any gift is unavailable, the Promoter, in its discretion, reserves the
right to substitute the major prize or gift with a prize or gift to the equal value and/or
specification, subject to any written directions from a regulatory authority.
20. Total prize pool value is $1,200. The major prize and gifts (or any unused portion of
the major prize or gift) are not transferable or exchangeable and cannot be taken as
cash.
21. A draw for the major prize, if unclaimed, may take place on 03/07/2020 at the same
time and place as the original draw, subject to any directions from a regulatory
authority. The winner, if any, will be notified in writing within two (2) business days of
the draw and their name will be published online at https://yearofoporto.com.au from
10/07/2020.
22. 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.
23. 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.
24. Any cost associated with accessing the promotional website is the entrant’s
responsibility and is dependent on the Internet service provider used. 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.
25. 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),
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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.
26. 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 major 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 the major prize value or gift value to that stated in these Terms and
Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of the major
prize or a gift.
27. The Promoter collects personal information (“PI”) in order to conduct the promotion
and may, for this purpose, disclose such PI to third parties, including but not limited to
agents, contractors, service providers, prize suppliers and, as required, to Australian
regulatory authorities. Entry is conditional on providing this PI. The Promoter will also
use and handle PI as set out in its Privacy Policy, which can be viewed at
https://www.oporto.com.au/privacy/. In addition to any use that may be outlined in the
Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise
advised, use the PI for promotional, marketing, publicity, research and profiling
purposes, including sending electronic messages or telephoning the entrant. The
Privacy Policy also contains information about how entrants may opt out, access,
update or correct their PI, how entrants may complain about a breach of the Australian
Privacy Principles or any other applicable law and how those complaints will be dealt
with. All entries become the property of the Promoter. The Promoter will not disclose
PI to any entity outside of Australia.
NSW Permit No. LTPS/20/42260