Hungry Jack’s – PS5 Giveaway 2020 – Win 1 of 50 Gaming Console PlayStation 5 valued at $749.95

Hungry Jack’s Playstation® 5 Giveaway Campaign 2020 – Australia (“Promotion”)

TERMS AND CONDITIONS

The Promoter of Hungry Jack’s Playstation® 5 Giveaway Campaign 2020 is Hungry Jack’s Pty Ltd (ABN25 008 747 073) of Level‌ ‌6, ‌‌100‌ ‌William‌ ‌Street, ‌Woolloomooloo‌ ‌NSW‌ ‌2011‌, referred to herein as ‘Hungry Jack’s’ (“Promoter”).

The Promotion is administered by TLC Marketing Worldwide Asia Pacific Pty Ltd, (ABN 75 622 802 180), Ground Floor, 320 Pitt St, Sydney, NSW 2000, (“TLC”). All correspondence regarding this Promotion should be directed to this address.

Instructions on how to enter and mechanics of prize redemption form part of these terms and conditions.

Participation in this Promotion is deemed acceptance of these terms and conditions.

CONDITIONS OF ENTRY

A qualified entrant must meet the following conditions of entry (“Qualified Entrant”)

This Promotion is only open to Australian residents aged 14 years and over as at the time of entry who remain Australian Residents for the duration of the Promotional Period. Employees (and their immediate families) of the Promoter, TLC and agencies associated with this Promotion or who have influence over the allocation of rewards are ineligible to participate in this Promotion. 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.

Entrants aged less than 18 years must obtain the consent of their parent or legal guardian to enter the Promotion and provide personal information about themselves. Persons who are ages less than 14 years old are ineligible to enter and participate in the promotion. All entries and attempted prize redemptions of persons who are aged less than 14 years old will be deemed invalid.

As a condition of entering this Promotion, an Entrant consents to, in the event they are a Prize winner, the Promoter or TLC using the Entrant’s name and locality in any media in Australia for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the Promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter or TLC.

KEY DATES

Purchases must be made between 12:01am AEDT 15/10/2020 and 11:59pm AEDT 15/11/2020 inclusive (“Purchase Period”).

Entry to the Promotion must be submitted between 12:01am AEDT 15/10/2020 and 11:59pm AEDT 16/11/2020 inclusive (Promotional Period”).

HOW TO ENTER

To be eligible to enter the Hungry Jack’s Playstation® 5 Giveaway Campaign 2020 (“Promotion”), Qualified Entrants must:

a. Spend $10 (excludes delivery fees) or more in one transaction via the Hungry Jacks App or on the Hungry Jack’s Website for pick-up or delivery during the Purchase Period (“Qualifying Purchase”)

b. Visit www.hjps5.com.au to fully complete the Entry Form (“Entry Form”), providing their first name, last name, postal address, email address, phone number and upload a copy of their receipt. The receipt must show the Qualifying Purchase made within the Purchase Period.

c. Entries must be received by 11:59pm AEDT 16 November 2020. Entries are deemed received at the time of receipt by the Promoter and can be submitted online only.

d. Entry will be verified within 3 business days and an email will be sent to the Qualified Entrants confirming acceptance of their Prize Draw Entry (“Valid Entry”). All Valid Entries will automatically be entered into the Prize Draw.

Qualified Entrants must retain their original Receipt which corresponds to their entry. Failure to produce the original Receipt when requested may, at the absolute discretion of the Promoter and/or TLC, result in invalidation of an Entrant’s entry and forfeiture of any right to the Promotion or entry into the Prize Draw. In the event that there is a dispute concerning the conduct of the Promotion, the decision of TLC and/or Promoter is final and binding on each Qualified Entrant and no correspondence will be entered into.

Multiple entries will be accepted. Subject to the following:

(a) only one (1) entry is permitted per Qualifying Purchase (and no receipt sharing is allowed);
(b) a maximum of one (1) entry will be accepted per receipt/invoice (regardless of the number of Qualifying Purchases featured on that receipt/invoice;
(c) each entry must be submitted separately and in accordance with entry requirements;
(d) unrecognised receipts (or invoices) will be deemed invalid. Any entry that in the Promoter’s or TLC’s opinion is: based on a shared receipt/invoice or lodged by automatic, repetitive robotic programmed or similar entry methods or agents, including but not limited to the use of a competition entry service, will be void and at the absolute discretion of the Promoter or TLC, renders all of an entrant’s entries invalid and he/she will forfeit his/her right to any prize.

OTHER GENERAL TERMS AND CONDITIONS

The Promotion is not transferable, exchangeable or redeemable for cash.

TLC or the Promoter is not responsible for any prize that is lost, stolen, damaged or tampered with in any way before it reaches an Entrant or after it has been released to an Entrant.

TLC or the Promoter accepts no responsibility for any claims not received for any reason. No responsibility will be taken for incomplete, illegible, incorrect, lost, late or misdirected claims.

The Promotion will only be awarded following all validation and verification requirements of TLC and/or the Promoter being met to its satisfaction.

TLC reserves the right, at any time, to verify the validity of claims and Entrants. If requested by TLC, Entrants must produce, within the time requested by TLC at its absolute discretion, appropriate photo identification or other documentation required by TLC to verify their identity, age eligibility to participate in the Promotion and claim in compliance with these Terms, and their original Receipt that corresponds to the claim they have submitted. If the items required by TLC are not received or an Entrant has not been verified to the satisfaction of the TLC within the time period required by TLC, their claim will be deemed invalid.

The Promoter or TLC reserves the right to withdraw or substitute the Promotion with another Offer or equal or greater value subject to legislative approval.

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 TLC or the Promoter, TLC or the Promoter reserves the right, in its sole discretion and to the fullest extent permitted by law, to disqualify any Entrant or to modify, suspend, terminate or cancel the Promotion, as appropriate.

The Promoter, the Promoter’s related entities, stores participating in the Promotion and all agencies associated with the Promotion, and the employees, agents, directors and contractors of all entities referred to in this clause, shall not be liable for any loss or claim, action, demand, liability, damage, cost, expense or personal injury whatsoever (including but not limited to any direct, indirect or consequential loss), incurred, suffered or sustained by any person or entity (without limitation) in connection with, or arising from, the Promotion or the acceptance or use of the Promotion, except that which cannot be excluded by law (in which case that liability is limited to the maximum extent allowable by law). The Promoter or TLC accepts no responsibility for any tax implications and the Entrant must seek their own independent financial advice in regards to the tax implications relating to the Promotion or acceptance of the Promotion.

All entries become the property of the Promoter.

Should an Entrant consent to receiving future information from the Promoter via placing a tick in the ‘opt-in’ boxes featured on the Claim Form, information provided by the Entrant will be entered into a database and may be used by the Promoter, the Promoter’s related entities, and agencies engaged by the Promoter, for the Promoter’s current and future promotional and marketing purposes without further reference or compensation to the Entrant. Entrants who elect to ‘opt-in’ may request to update or correct their Personal Information held by the Promoter and/or may request not to receive further promotional or marketing communications from the Promoter at any time by contacting the Promoter using the ‘Contact Us’ form at www.hungryjacks.com.au by phone on 1300 852 326, or by electing to ‘opt-out’ using the ‘opt-out’ function on any electronic marketing materials received.

Personal information (PI) is being collected by The Promoter and TLC in order to conduct the Promotion. For this purpose, TLC may disclose PI to third parties, including but not limited to agents, contractors, service providers, suppliers and, as required, to regulatory authorities. Participation is conditional on providing this PI. TLC will use and handle personal information as set out in its Privacy Policy, which can be viewed at https://www.tlcmarketing.com/legals. TLC may disclose personal information to entities outside of Australia (particularly in the United Kingdom). The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at www.hungryjacks.com.au/privacy-policy Each Privacy Policy also contains information about how Qualified Customers may opt out, access, update or correct their PI, how Qualified Customers may complain about the treatment of their PI, and how those complaints will be dealt with. You may also request access or to update your personal information to hja.customerservice@hungryjacks.com.au. All Qualified Customers information remains the property of the TLC and/or the Promoter

The entrant will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter and TLC may use any such marketing and editorial material without further reference or compensation to them.

The Promoter or TLC reserves the right to cancel or amend any aspect of this Promotion at any time without any liability (including, without limitation, amending or modifying these Terms at any time and from time to time) subject to legislative approval.

Failure by TLC or the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

PlayStation®5 PRIZE DRAW TERMS & CONDITIONS – to be read in conjunction with the general terms.

Total Prize pool is $37,497.50. The prize pool consists of fifty (50) prizes of PlayStation®5 Console RRP $749.95.

Each winner will be notified in writing within two (2) business days of the draw via the email address provided by the winner; and by telephone to the phone number provided by the winner. The winners will be notified publicly (and their details published) at www.hjps5.com.au on 23rd November 2020.

Prize must be claimed by 15th February 2021 at 4:00 PM AEDT. Unclaimed prizes will be redrawn 90 days after the original draw on 16th February 2021 at 10:00 AM AEDT at TLC Marketing Worldwide Asia Pacific Pty Ltd, ABN 75 622 802 180, Ground Floor, 320 Pitt St, Sydney NSW 2000 Australia. The winner/s of the redraw will be notified in writing within two (2) business days of the redraw via the email address provided by the winner; and by telephone or text to the phone number provided by the winner. The winner/s of the redraw will be notified publicly (and their details published) at www.hjps5.com.au on 17th February 2021.

The prize is not transferable, substitutable or exchangeable (including any unused portion).

Drawings:

i. 18/11/2020 at 10:00 AM AEDT – computerised draw system or selection: The winners will be determined by a random draw. The draw for the prizes will take place on 18th November 2020 at 10:00 AM AEDT at TLC Marketing Worldwide Asia Pacific Pty Ltd, ABN 75 622 802 180, Ground Floor, 320 Pitt St, Sydney NSW 2000 Australia by computerised draw system or selection. The Promoter warrants that the computerised draw system used to draw the prizes has been appraised by a suitably qualified person into the operation and integrity of the computerised draw system. The winning entrant does not need to be present at the draw to claim a prize.

ii. The first fifty (50) entries drawn will win a PlayStation®5 Console RRP $749.95. Reserve winners will be drawn and will only be used if winners are deemed invalid.

Sony PlayStation®5 Console

1. Each Gaming Console prize comprises of One (1) x PlayStation®5 Console and is valued at RRP $749.95

2. The Promotional Partner for the Gaming Console prize is Sony Australia Limited (ABN 59 001 215 354).

3. All information in regards to Sony Australia’s Warranty Terms and Conditions can be found at https://store.sony.com.au/terms-and-conditions-of-sale.html.

4. All ancillary costs or accessories not expressly included are the responsibility of the winners.

5.Distribution to Australian addresses only.

6. If any Prize (or any portion of a Prize) becomes unavailable the Promotional Partner will provide a comparable Prize (of similar categories to the Prizes) of equal or greater value to the original Prize instead.

iii. If any particular draw is scheduled on a public holiday, the draw will be conducted at the same time and location on the following business day. The Promoter will ensure each draw is open for public scrutiny and anyone may witness the draw on request. The winner of a drawn prize is determined by chance. Skill plays no part in determining the winners.

If any winner chooses not to take their prize (or is unable to), they forfeit the prize and the Promoter is not obliged to substitute the prize.

For the purposes of public statements and advertisements, TLC or the Promoter may only publish the winner’s last name, initial and State. TLC and the Promoter’s privacy policies contain information about how the entrant may access, update and seek correction of the personal information TLC or the Promoter holds about them and how the entrant may complain about any potential breach by the Promoter of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with.

Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).

Authorised under: SA Licence No. T20/1217, NSW Permit No. TP/00378, ACT Permit No. ACT TP 20/01358.