The Hungry Yak – Win a Prize (prize valued at $10,000)

Ts&Cs – Yak – Search for the best pub meals Promotion_11009137_7.DOCX
© 2019 Gadens Lawyers 1
Yak “Search for the best pub meals” Promotion
Terms and Conditions
Promoter CUB Pty Ltd (ABN 76 004 056 106), Level 20, 2 Southbank Blvd, Southbank VIC 3006.
Who can enter? Only Australian residents who:
(a) are aged 18 or over.
01/09/19 to 11.59pm (AEST) on 30/09/19.
What is a
A restaurant/pub/venue in Australia which serves meals in ANY of the following
Pork ribs;
Parma or schnitzel;
Burger; and
Fish and chips,
(a Venue).
To enter, you must, during the Competition Period:
(a) visit the Website, locate the entry page; and
(b) fill out and submit the online entry form, including by nominating a Venue and,
in your view, the best meal available at that Venue in one of the Categories:
(i) Steak;
(ii) Pork ribs;
(iii) Parma or schnitzel;
(iv) Burger; or
(v) Fish and chips,
(Nomination), and providing all other requested information.
The Nomination must relate to an identifiable menu item which is ordinarily available at
that Venue.
How many
winners will
there be and
how will they be
There will be 100 winners determined in respect of this competition.
There will be 1 draw conducted.
The draw will be held at 12pm (AEST) on 03/10/19 at Lvl 1, 500 Chapel St, South Yarra
VIC 3141.
The first 100 valid entries drawn randomly from the entries received during the
Competition Period will win a prize.
The Promoter may draw additional reserve entries in a draw and record them in order, in
case a winning entry/entrant is deemed invalid or a prize is unclaimed (Reserve
What can I win? There are 100 prizes available.
Each prize is a $100 eftpos card.
There is a limit of 1 prize per household (excluding SA residents).
Total prize pool The total prize pool is $10,000.
How many times
can I enter?
You can enter once per Category per day. Each entry must relate to a different
Nomination and be submitted separately in accordance with these Terms and Conditions.
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How and when
will the winner/s
be informed?
Winner/s will be notified:
by phone; and
in writing
within two days of determination.
Prize claim date: 5pm (AEDT) on 03/01/20.
Unclaimed prize determination: 12pm (AEDT) on 08/01/20 at the same location as the
original draw.
If a prize has not been accepted or claimed by the prize claim date above or if, after
making all reasonable attempts, the Promoter can’t contact a winner (or a winner does
not contact the Promoter) by the prize claim date above, the relevant entry/ies will be
discarded and the Promoter will re-award the relevant prize/s to Reserve Entrant/s and/or
carry out an unclaimed prize draw at the date, time and place stated above to randomly
distribute the prize/s in descending order of value amongst valid entrants who (if possible)
have not already won an unclaimed prize. Any winner/s will be informed:
by phone
in writing
within two days of determination.
Collection and
use of your
If you are a winner, you must take part in all publicity, photography and other promotional
activity as the Promoter requires, without any compensation. You consent to the
Promoter using your name and image in any promotional or advertising activity.
The Promoter may collect your personal information directly or through its agents or
contractors, including Village Roadshow Limited (ABN 43 010 672 054, Privacy Policy: The Promoter will use your personal
information to conduct and manage the competition. The Promoter may disclose your
personal information to its related companies, agents and contractors to assist in
conducting this competition, communicating with you or storing data or to hold and use for
fraud prevention purposes. This may include disclosures to organisations outside
Australia including in places such as the USA, the UK, India and Germany.
By entering, you consent to the Promoter keeping your personal information on its
database to use for future marketing purposes, including contacting you by electronic
messaging. By entering, you consent to receive email or SMS messages from the
Promoter without any functional unsubscribe facility.
The Promoter’s Privacy Policy (see includes information
(a) how to seek access to the personal information the Promoter holds about you
and seek correction of the information; and
(a) how to complain about a privacy breach and how the Promoter will deal with
such a complaint.
Enjoy alcohol responsibly. Consider the safe drinking levels recommended in the
National Health and Medical Research Council Australian Guidelines to Reduce Health
Risks from Drinking Alcohol – see: If this
competition is conducted in NSW, see also the NSW Liquor Competition Guidelines and
Intoxication Guidelines at
liquor-promotion-guidelines.pdf. Where relevant, your participation in this competition
may be subject to the liquor serving policy of businesses conducting the competition
and/or providing the prize.
All advertising material for this competition will include a message regarding responsible
consumption of alcohol.
Permit numbers Authorised under:
ACT Permit No. TP19/03837
SA Licence No. T19/1232
NSW Permit No. LTPS/19/36541
1 These Terms and Conditions incorporate and must be read together with the details outlined in the
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table above. Information about prizes and how to enter forms part of these Terms and Conditions. By
entering, you accept these Terms and Conditions.
2 Your entry must be received during the Competition Period and will be deemed to be received only when
received by the Promoter. Where relevant, entry forms/scratch cards from any other competition cannot
be used for this competition, and are void if copied, forged, stolen or interfered with. Where relevant,
submitted entry forms are the Promoter’s property. If you return a Qualifying Purchase your entry may
be deemed invalid at the Promoter’s discretion (unless the product is defective). If online or SMS entry
is available, you will receive a return message confirming your entry. The Promoter is not liable for any
problems with communications networks. You are responsible for your own costs associated with
entering. If you enter using automatically generated entries or multiple phone numbers/email
addresses/addresses/aliases, you may be disqualified.
3 Prize/s and all elements of prize/s must be taken as and when offered or will be forfeited, and if forfeited,
the Promoter will not be liable. Prize/s are subject to any additional terms and conditions imposed by the
relevant supplier or the Promoter, including, as relevant:
(a) validity period/s;
(b) booking and availability of flights, accommodation and events;
(c) conditions of travel and conditions of entry into any event venues (including behaviour
requirements and applicable dress codes);
(d) conditions of ticket validity and any restrictions on ticket on-sale or transfer;
(e) travel dates and specified travel exclusion periods;
(f) any additional fees (payable by you) relating to changes made by you/your companion to a
travel/event prize after it has been booked;
(g) the requirement to obtain all necessary documents to travel to any overseas location
specified, including a current and valid passport and any visas required;
(h) a requirement to present your credit card when checking in to accommodation; and
(i) a requirement that any person taking the prize that is aged under 18 years old must be
accompanied by their parent or guardian at all times.
4 Without limiting these Terms and Conditions, the following conditions apply to the eftpos prepaid gift
(a) eftpos prepaid gift cards are issued by EML Payment Solutions Limited ABN 30 131 436 532
AFSL 404131 (Issuer);
(b) eftpos prepaid gift cards are valid for use at any eftpos terminal in Australia and require
activation before use;
(c) eftpos prepaid gift cards must be activated within three (3) months of dispatch to a winner, as
detailed in the instructions that accompany the eftpos prepaid gift card;
(d) eftpos prepaid gift cards expire twelve (12) months after activation. Upon expiration, the gift
card will not be available for use;
(e) eftpos prepaid gift cards are not transferable or exchangeable and cannot be redeemed as
(f) any ancillary costs associated with redeeming the eftpos prepaid gift card are not included. This
may include, for example, any fees charged by merchants for using the card, or currency
exchange fees;
(g) the card is like cash and may not be replaced if misused, lost, stolen or damaged;
(h) if for any reason a winner does not redeem the entire balance on the eftpos gift card by its
expiry, any remaining balance on the eftpos gift card will be forfeited;
(i) any unused balance on the eftpos card will not be redeemed as cash; and
(j) redemption of the eftpos prepaid gift cards is subject to any terms and conditions of the Issuer
including those specified on the eftpos prepaid gift card website located at
5 You/your companion/s are responsible for all other unspecified costs related to the prize, including meals,
transport, insurance (including excesses), in-room charges, additional taxes, mobile or data plans,
installation costs, costs associated with ongoing use of the prize, etc. Event tickets can only be used
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once and will be deemed invalid if copied. The Promoter does not control entry to the relevant event
location. The winner/s must keep their tickets safe and the Promoter will not replace lost or stolen tickets.
6 The Promoter is not responsible for any dispute between you and any person with whom you choose to,
or choose not to, share the prize.
7 Where relevant, the Promoter accepts no responsibility if one or more of the events or activities awarded
as part of the prize are abandoned, called off or postponed for any reason. In that case you/your
companion/s forfeit your entitlement to that event/activity. Similarly, while the Promoter will make all
reasonable efforts to ensure the participation of any specified celebrity/ies in the prize element/s, the
Promoter and prize suppliers exclude, so far as legally permissible, all liability if for any reason the
celebrity/ies do not attend the prize element/s due to circumstances beyond the reasonable control of
the Promoter and prize suppliers (e.g. illness). Unless otherwise specified by the Promoter, you will not
be given cash or any alternative prize as a substitute for this altered prize element.
8 Any failure by you or (if applicable) your companion/s to comply with the conditions imposed by the prize
supplier(s) may result in the prize being cancelled or withdrawn without liability for the Promoter or the
prize supplier(s).
9 For event-based/travel prizes, you and (if applicable) your companion/s accept that some aspects of the
prize may be inherently risky and that the prize may involve dangerous activities.
10 If specified, in order to participate in the activity/activities awarded as part of the prize, you/your
companion/s must comply with any applicable conditions (e.g. height, weight, health and fitness
requirements). You must ensure that you/your companion/s are healthy and fit enough to take the prize.
You/your companion/s must follow all requirements of the people responsible for managing the relevant
11 You/your companion/s must, if required by the Promoter, sign disclaimer and release forms provided by
the Promoter in favour of the Promoter and other parties before taking the prize. If you or any
companion/s do not sign, your entry will be deemed invalid and you will lose any entitlement to a prize.
12 If you or your entry are deemed by the Promoter to breach these Terms and Conditions including if the
prize is on set dates and you are unable to take the prize on the relevant date/s, your entry (or at the
Promoter’s discretion, all of your entries) may be discarded. The Promoter may, at any time, require you
to produce documentation to establish to the Promoter’s satisfaction the validity of your entries (including
documentation establishing your identity, age, place of residence and place of employment). Failure by
the Promoter to enforce any of its rights at any stage does not waive those rights.
13 You must not:
(a) tamper with the entry process;
(b) engage in any conduct that may jeopardise the fair and proper conduct of the competition;
(c) act in a disruptive, annoying, threatening, abusive or harassing manner;
(d) do anything that may diminish the good name or reputation of the Promoter or any of its
related entities or of the agencies or companies associated with this competition;
(e) breach any law; or
(f) behave in a way that is otherwise inappropriate.
14 If companion/s can take the prize with you, you are responsible for your companion/s and the Promoter
may disqualify all entries from, and prohibit further participation in this competition by, you or any or all
of your companion/s if they breach these conditions, whether or not legally bound by them.
15 If you (or your companion/s, if applicable), in the opinion of the Promoter (and/or a medical professional,
as relevant to the circumstances), are intoxicated, under the influence of alcohol or any other drug,
behave aggressively or offensively, or behave in a manner which may diminish the good name or
reputation of the Promoter or any of its related entities or the agencies or companies associated with this
competition, is contrary to law or is otherwise inappropriate, the Promoter may cancel the prize or restrict
you (and your companion/s) from participating in any elements of the prize, at its discretion.
16 The Promoter is not liable for entries, prize claims or correspondence that are misplaced, misdirected,
delayed, lost, incomplete, illegible or incorrectly submitted including failure of any third parties to forward
entry forms for inclusion in the draw, where relevant.
17 The Promoter’s decision in connection with all aspects of this competition is final.
18 Prizes cannot be transferred or exchanged nor (except where cash is specified) redeemed for cash.
Without limiting any other term of these Terms and Conditions, all prizes (and elements of prizes) must
be taken as and when specified, or will be forfeited with no replacement. The prize values are correct
as at the date of preparing these Terms and Conditions and include any applicable GST. The
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Promoter is not responsible for any change in prize value. You agree that if a prize (or element of a
prize) is unavailable for any reason the Promoter may provide another item of equal or higher value,
subject to any necessary approval by the state/territory gaming authorities.
19 If publication will take place, by entering, you request that your full address not be published.
20 Where relevant for instant win promotions, printing and other quality control errors outside the Promoter’s
control will not invalidate an otherwise valid prize claim. Every instant win prize claim in excess of the
advertised prize pool will be honoured, unless the claim is rejected due to fraud or ineligibility under these
Terms and Conditions.
21 If this competition cannot run as planned for any reason beyond the Promoter’s control, for example due
to software, hardware or communications issues, unauthorised intervention, tampering, fraud or technical
failure, the Promoter may end, change, suspend or cancel the competition or disqualify affected
entries/entrants, subject to any necessary approval by the state/territory gaming authorities.
22 The Promoter is not responsible for any tax implications arising from you winning a prize. You should
seek independent financial advice. If for GST purposes this competition results in any supply being
made for non-monetary consideration, you must follow the Australian Taxation Office’s stated view that
where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market
23 Nothing in these Terms and Conditions restricts, excludes or modifies any consumer rights under any
statute including the Competition and Consumer Act 2010 (Cth).
24 Subject to the previous paragraph, the Promoter and the agencies and companies associated with this
competition are not liable (including in negligence) for any loss (including indirect, special or
consequential loss or loss of profits), expense, damage, personal injury (including allergies, skin
conditions or other reactions, as relevant), illness or death suffered in connection with this competition
or any prize, except for any liability which under statute cannot be excluded (in which case that liability
is limited to the greatest extent allowed by law).
25 Without limiting the previous paragraph, the Promoter and the agencies and companies associated with
this competition are not liable for any loss of, damage to or delay in delivery of prize/s, or for any damage
that occurs to displayed prize/s (where relevant). Unless otherwise specified, prize/s will only be
delivered to addresses in Australia.
26 This competition is in no way sponsored, endorsed or administered by, or associated with any social
media platform, including Facebook, Instagram and Twitter. You provide your information to the
Promoter and not to any social media platform. You completely release any relevant social media
platforms from any and all liability.