Terms and Conditions: Dinner Voucher Giveaway

Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

1. ELIGIBILITY

To be eligible for this promotion, an individual must:

(a) Be a legal resident of NSW Australia ONLY aged 18 years and over.

(b) The following people are NOT eligible to enter the promotion:

1.1 Employees (and their immediate families) of the Promoter, (as defined below) 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.

1.2 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.

2. PROMOTION PERIOD. The promotion begins 09/02/2021 and close at 11:59 pm AEDST on 21/02/2021 (“Promotional Period”) after which time the promotion will be closed and no further entries will be accepted.

3. HOW TO ENTER.

A person may enter the Competition by:

3.1 Following  @kirstenbertram.upstate or @lachlanyeatesupstate Instagram account and tag who you’d like to take.

3.2  Limit of two (2) entry per person during the Promotion Period. In the case of multiple entries, only the first and second eligible entry will be considered.

3.3 Entries must be received no later than the end of the Promotion Period. Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced. Unless otherwise set out herein, no communication or correspondence will be exchanged with entrants except with those selected as a potential Winner.

3.4 Entries are deemed to be received at the time of receipt into the Promoter’s database. We cannot be responsible for receipt of incorrect, inaccurate or incomplete information either caused by website users or by any of the equipment or programming associated or utilised in this competition, or by any technical error that may occur in the course of administration of this Promotion.

3.5 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

4. PRIZE. There is one (1) prize (the “Prize”) available to be won by the first valid entry drawn (the “Winner”), which shall include:

4.1 One (1) gift voucher valued at two hundred Australian dollars (AUD$200) to Barbuto Restraunt Narrabeen.

4.2 Prize is not transferable or exchangeable and cannot be taken as cash.

4.3 The Promoters and/or the Promoters’ representatives will contact the Winner to coordinate the provision of the Prize within three (3) days once such Winner has been successfully contacted and notified of his/her Prize and fulfilled the requirements set out herein.

5. PRIZE CONDITIONS

5.1. All bookings and/or reservations are subject to availability at time of booking; and must be made on available days. 

5.2 Winner and Guest will be responsible for any expense not explicitly included in the Prize including but not limited to any excess costs above and beyond the value of the Prize.

5.3 Guest must: (i) be 18 years or over and a legal resident of NSW Australia; and (ii) comply with the Promotion Rules and sign and return the Release (described in Section 9 below).

5.4 Prize must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of the Promoters. Any unused, unclaimed or declined portion of the Prize will be forfeited, have no cash value and the Promoters shall have no obligation to provide either an alternative or value-in-kind. The Promoters reserve the right, in their sole discretion, to substitute a prize of equal or greater value if the Prize (or any portion thereof) cannot be awarded for any reason.

5.5 Any cost associated with accessing the Instagram account is the entrant’s responsibility and is dependent on the Internet service provider used.

6. WINNER SELECTION

One (1) winner shall be selected as follows:

6.1 On or about 22/02/2021 at 11:00am AEST, The draw will take place at Upstate, 888 Pittwater Road, Dee Why NSW 2099, one (1) entrant will be selected by a random draw from all eligible entries received during the Promotion Period. The odds of being selected as a potential Winner are dependent upon the number of eligible entries received by the Promoters. The draw will take place in the presence of an independent scrutineer. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The winner will be notified in writing within two (2) business days of the draw and their name will be published @kirstenbertram.upstate and @lachlanyeatesupstate from 22/02/2021.

6.2 THE SELECTED ENTRANT WILL BE NOTIFIED BY INSTAGRAM DM NO LATER THAN FEBURARY 23, 2021 AT 3:00 P.M. AEST AND MUST RESPOND WITHIN THREE (3) BUSINESS DAYS OF NOTIFICATION. Upon notification, the selected entrant must respond by Instagram direct message, telephone or e-mail (as specified in the notification) to the contact number or e-mail address provided no later than the indicated deadline set out in the Promotion Rules and/or the notification. If the selected entrant does not respond accordingly, he/she will be disqualified and will not receive the Prize and another entrant may be selected in the Promoters’ sole discretion until such time as an entrant satisfies the terms set out herein. The Promoters are not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for the Promoters to receive a selected entrant’s response.

6.3 If, as a result of an error relating to the entry process, drawing or any other aspect of the Promotion, there are more selected entrants than contemplated in these Promotion Rules, there will be a random draw amongst all eligible Prize claimants after the Promotion’s closing date to award the correct number of Prizes.

6.4 The Promoter’s decision is final and no correspondence will be entered into.

6.5 If the prize (or part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.

7. TERMINATION. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify a prize, subject to any written directions from a relevant regulatory authority. 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.

8. PRIVACY / USE OF PERSONAL INFORMATION.

8.1 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.

8.2 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. 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 by the entrant in accordance with that Privacy Policy, 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. Unless otherwise indicated by the Promoter, the Promoter may disclose PI to entities outside of Australia (for a list of the countries, see the Promoter’s Privacy Policy).

9. RELEASE. Potential Winner and Guest will be required to execute a legal agreement and release (“Release”) that confirms potential Winner’s and Guest’s: (i) eligibility for the Promotion and compliance with these Promotion Rules; (ii) acceptance of the Prize as offered; (iii) release of each of the Promoters and each of their employees, directors, officers, suppliers, agents, promoters, administrators, licensees, representatives, advertising, media buying and promotional agencies (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, costs or expenses arising out of participation in the Promotion, participation in any Promotion-related activity or the acceptance, use, or misuse of any Prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom; and (iv) grant to the Promoters of the unrestricted right, in the Promoters’ collective or individual discretion, to produce, reproduce, display, publish, post, serve, broadcast, exhibit, distribute, adapt and otherwise use or re-use the Winner’s and Guest’s name, statements, image, likeness, voice, and biography, in any and all media now known or hereafter devised, in connection with the Promotion and the promotion and exploitation thereof. The executed Release must be returned within two (2) business days of the date indicated on the notification call and/or the accompanying letter of notification, or the selected entrant will be disqualified and the Prize forfeited.

10. INDEMNIFICATION BY ENTRANT. By entering the Promotion, each entrant releases, indemnifies and holds Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the entrant or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from (a) their participation in the Promotion or any Promotion-related activity; (b) the acceptance, use, or misuse of any Prize; or (c) any breach of the Promotion Rules. Each entrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the entrant’s participation in the Promotion, without limitation.

11. LIMITATION OF LIABILITY. The Promoters assume no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete entries, notifications, responses, replies or any Release, or for any computer, online, software, telephone, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an entry. The Promoters are not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error which may occur in the administration of the Promotion. The Promoters assume no responsibility or liability in the event that the Promotion cannot be conducted as planned for any reason, including reasons beyond the control of the Promoters, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Promotion and/or the Promotion Microsite.

12. CONDUCT. By participating in the Promotion, each entrant is deemed to have executed and agrees to be bound by the Promotion Rules, which will be posted at the Promotion Microsite and made available throughout the Promotion Period. Each entrant further agrees to be bound by the decisions of the Promoters, which shall be final and binding in all respects. The Promoters reserve the right, in their sole discretion, to disqualify any entrant found to be: (a) violating the Promotion Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Promotion and/or the Promotion Microsite or any related promotional website; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any Upstate Group Pty Ltd property or service; and/or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass the Promoters or any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE PROMOTION MICROSITE OR ANY RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE PROMOTERS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION. Winner and Guest must at all times behave appropriately when taking part in the Prize and comply with the Promotion Rules and any other rules or regulations in force at any Prize-related locations. The Promoters reserve the right to remove from any Prize-related locations, any Winner and/or Guest who breaks such rules and/or fails to behave appropriately and to disqualify such Winner and/or Guest. Any disqualified Winner and/or Guest will forfeit any un-awarded elements of the Prize.

13. LAW. 

13.1 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 or any statutory consumer guarantees as provided under consumer protection laws in New Zealand (“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.

13. 1 The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.’

14. SOCIAL MEDIA. This Promotion is in no way promoted, endorsed or administered by any social media platforms on which the Promotion may have been promoted and/or publicized. Any questions, comments or complaints regarding the Promotion must be directed to Upstate Group Pty Ltd.

The Promoter is UPSTATE (Australia) Pty Ltd (ABN 98001323691) of Level 1, Suite 15, 888 Pittwater Road, Dee Why, NSW 2099, T +61 02 9971 9000