http://nightowl.com.au/terms/Terms & Conditions
Crack the Egg for your chance to “Win Your Weight In Gold”
Terms and Conditions of Entry
General
Information on how to enter and prizes form part of the Terms and Conditions of Entry. Entry into this competition is deemed acceptance of these Terms and Conditions.
To the extent of any inconsistency between these Terms and Conditions and any other reference to this competition, these Terms and Conditions prevail.
Who can enter
Subject to the clauses below, entry is open to all residents of QLD, NSW & WA who have fulfilled the requirements set out below (‘Eligible Entrants‘). Entrants must be over the age of 18, as of the date of entry.
Employees, and their immediate families, of the Promoter, associated agencies and companies, contractors or individuals are not eligible to enter this competition. Immediate family means any of the following: spouse, ex-spouse, defacto 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.
The Promoter is NightOwl Marketing Pty Ltd (ABN 31 126 734 567) (the ‘Promoter‘). The Promoter’s address is Level 3 Baildon Street , Kangaroo Point, QLD 4169.
How to enter
To enter Eligible Entrants must, during the Promotional Period (defined below):
Purchase any product in a NightOwl store manufactured by the following companies:
* Coca-Cola Amatil
* Parmalat Australia
* Mondelez Australia
* Patties Foods
* Smiths Snackfoods
* Frucor Suntory
* Peters Ice Cream
OR the purchase of:
* Wrigley’s Extra Watermelon Gum 27g
* Mars M&M’s Chocolate Bar 46g
Various products ranging from .01c to $20.00 per item purchased (‘Eligible Product Purchase’); and then
Using your smart phone, scan your member profile at the register from the NightOwl Aus APP. Entrants must be users/members of the Loyalty Program found within the NightOwl Aus APP
By submitting an entry into this competition, entrants consent to receive promotional and other marketing messages from the Promoter (including messages sent electronically for an unlimited period of time). Entrants will be able to opt-out at any time by following the instructions included in each message sent by the Promoter.
Entries must provide contact details on request to be eligible to win. Entrants may only enter in their own name. Inaudible, incomprehensible, illegible, and incomplete entries may be deemed invalid.
Number of Entries permitted
One entry per Eligible Product Purchase. On specified days, certain products will award multiple entries to the entrant.
Open, Close, Draw and Publish dates
The competition commences on 19/02/2018 at 12:00 AM and closes 29/04/2018 at 11:59 PM (‘Promotional Period‘). All times noted in these Terms and Conditions are local times, based on the location of the Promoter. If any draw date falls on a public holiday, as defined in the state of the Promoter, that draw will be conducted on the next business day. Entries must be received by the Promoter prior to the competition close date and time.
The winner will be the first valid entry drawn at Promoter’s Premises at Level 3 Baildon Street, Kangaroo Point, QLD 4169 on 04/05/2018 at 12:00 PM. The Promoter will ensure that all entries have an equal chance of winning a prize.
The winner will be notified by email and phone call within two business days of the draw. Their name will also be published on 04/05/2018 at nightowl.com.au/cracktheegg for 28 days and utilised on the NightOwl Facebook Page and the NightOwl Instagram Account.
The Prize will be deposited into the Winner’s nominated bank account within 10 business days of the draw.
Prize on offer
The total prize pool is valued at up to $11,500 (Including GST), as at 15/02/2018.
The total number of competition winners in this competition is one (1). The prize on offer is:
Number of winners Prize description Value of each
1 (one) The winner, drawn at random, is required to present themselves at a mutually agreed time (yet to be determined post draw) to the NightOwl Franchise Support Office at Level 3 Baildon Street Kangaroo Point QLD 4169. The winner must be wearing lightweight summer clothing, be willing to be weighed on official scales and have their weight verified by our judges/members of NightOwl Marketing Staff. The winning maximum weight is capped at 100kgs.
An Australian $1 coin weights 9 grams and the prize will be calculated accordingly.
The winner “Wins their Weight in Gold” – a play on words to win their weight in Australian $1 coins.
In the event that the winner is not located within the Brisbane metropolitan area and not able to come to the NightOwl Head Office at Kangaroo Point, the winner is required to go to their nearest NightOwl store to be weighed and verified for the win.
Note: The winner must agree to have their name and photograph used in NightOwl Marketing.
$11,500AUD
For the major prize, the Entrant’s name must be that of an eligible bank account name to which the money can be electronically deposited. Winning entries with incomplete personal details will be deemed invalid.
Further Terms and Conditions
Any entrant found to have used a third party (including online competition entry site) to enter on their behalf will have all entries invalidated and any claim they have to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any prize awarded. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request. The Promoter reserves the right to disqualify any entrant who provides false information or who seeks to gain an unfair advantage or to manipulate this competition.
Any entrant found to be entering incorrect contact details, including incorrect email contact details, will have all entries invalidated and any claim to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any prize awarded. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request.
The Promoter highly recommends a current residential street address be provided when requested for ease of correspondence and potential prize delivery. The Promoter makes all reasonable efforts to deliver prizes to the addresses provided by competition entrants. The Promoter cannot guarantee that any prizes returned to the Promoter due to non-delivery at the provided address will be re-sent to the prize winner.
The Promoter reserves the right to request winners to sign a winner’s deed of release (and indemnification) or any other relevant forms or agreements that the Promoter deems necessary, to provide proof of identity, proof of age, proof of residency at the nominated prize delivery address and/or proof of entry validity (including phone bill) in order to claim a prize. Proof of identification, residency, age and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.
The Promoter reserves the right to conduct a redraw in the event that an entrant, claiming to be a winner, is unable to satisfy these Terms and Conditions or has breached these Terms and Conditions.
The Promoter’s decision in relation to any aspect of the competition is subject to State and Territory legislation but also final and binding on each person who enters. No correspondence will be entered into. No responsibility is accepted for late, lost or misdirected entries. Prizes are subject to availability, not transferable or exchangeable and, with the exception of cash prizes, cannot be taken as cash. Prizes will be sent to the winner’s nominated address as stated in their original entry. The Promoter and their associated agencies, and companies associated with this promotion will take no responsibility for prizes damaged or lost in transit.
Privacy Collection statement
By submitting an entry into this competition entrants consent to receive promotional and other marketing messages from the Promoter (including messages sent electronically for an unlimited period of time). Entrants will be able to opt-out at any time by following the instructions included in each message sent by the Promoter.
The Promoter and its related entities collect entrants’ personal information for the purpose of conducting and promoting this competition (including but not limited to determining and notifying winners). The Promoter may disclose personal information collected to an agent who is engaged to conduct the competition draw and for prize fulfilment. The Promoter may also disclose personal information collected to Australian regulatory authorities, such as the regulators of trade promotions. The Promoter will otherwise handle your personal information in accordance with its Privacy Policy available at nightowl.com.au/cracktheegg. You may request access or to update your personal information or lodge a complaint by writing to The Privacy Officer, NightOwl Marketing Pty Ltd (ABN 31 126 734 567) of Level 3 Baildon Street , Kangaroo Point, QLD 4169.
Copyright, Statutory guarantees, Waiver and liability
All entries and any copyright subsisting in the entries become and remain the property of the Promoter who may publish or cause to be published any of the entries received.
In participating in the prizes, the winners agree to participate and co-operate as required in all editorial activities relating to the Competition, including but not limited to being interviewed and photographed. The winners (and their companions) agree to granting the Promoter a perpetual and non-exclusive licence to use such footage and photographs in all media worldwide, including online social networking sites, and the winners (and their companions) will not be entitled to any fee for such use.
Prize-winners are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of that prize.
The Promoter (subject to State and Territory legislation) reserves the right to amend, cancel or suspend this competition if an event beyond the control of the Promoter corrupts or affect the administration security, fairness, integrity or proper conduct of this competition. The Promoter will disqualify any individual who has tampered with the entry process or any other aspect of this competition. In particular, computer generated entries and the use “scripting” is not permitted and will not be accepted.
Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State 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) 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 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 prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or Entrant; or (f) use of a prize. The Promoter (including its’ officers, employees and agents) excludes all liability for any loss (including, without limitation, indirect, special or consequential loss or loss of profits or opportunity), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this competition including taking or using a prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law), including the Non-Excludable guarantees. Any change in value of the prize occurring between the publishing date and date the prize is claimed is not the responsibility of the Promoter.
Competition permits
Authorised under: NSW Permit No. LTPS/17/ LTPS/18/22132.
Australian Competitions Club
