terms and conditions
1. 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.
2. Entry is only open to Victorian residents aged 18 years or over that have an active Instagram account that is not set to private. 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.
3. Promotion commences on August 21st and ends at 11:59pm VIC local time on August 30th (“Promotional Period”).
4. To be eligible to enter and receive one (1) entry into the draw, individuals must, during the Promotional Period play the video game to catch the 8bit Burger.
5. To do this, individuals must undertake the following steps during the Promotional Period:
” Visit 8bit.kongbbq.com.au and follow the prompts to play the game;
” Use Panda to chase 8bit Burger across the game, jumping to catch burgers coins to increase life;
” Once the entrant has caught the burger, individuals must follow instructions to enter their email address to go into the draw to win.
6. 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.
7. Incomplete or illegible entries will be deemed invalid.
8. Only one (1) entry is permitted per person.
9. 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.
10. The draw will take place at The Lucas Group, 18 Oliver Lane, Melbourne 3000 on September 4th at 11am VIC local time. 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.
11. The Promoter’s decision is final and no correspondence will be entered into.
12. The first valid entry drawn, from all valid entries received during the Promotional Period, will win a $500 gift voucher to Kong BBQ. The second valid entry drawn, from all valid entries received during the Promotional Period, will win a $100 gift voucher to 8bit. The third valid entry drawn, from all valid entries received during the Promotional Period, will win a $100 gift voucher to 8bit. The fourth valid entry drawn, from all valid entries received during the Promotional Period, will win a $100 gift voucher to 8bit. The fifth valid entry drawn, from all valid entries received during the Promotional Period, will win a $100 gift voucher to 8bit. The sixth valid entry drawn, from all valid entries received during the Promotional Period, will win a $100 gift voucher to 8bit.
13. Prize is subject to availability an must only be redeemed Monday – Thursday, to be determined by the winner in agreement with the Promoter and by no later than September 10th. In the event an agreement cannot be reached, the Promoter reserves the right to determine when the prize must be taken.
14. Itinerary to be determined by the Promoter in its absolute discretion.
15. Entry and continued participation in this promotion is subject to the licensee’s liquor serving policy. The Promoter advocates the responsible service and consumption of alcohol. The Promoter encourages consumers to enjoy responsibly. Legal aged consumers are advised to consider the safe drinking levels recommended in the National Health & Medical Research Council Australian Alcohol Guidelines that are available at www.nhmrc.gov.au. Entry and continued participation in this promotion is subject to the licensee’s liquor serving policy.
16. If for any reason the winner does not redeem the prize (or an element of the prize) at the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
17. 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.
18. Total prize pool value is $1,000. The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash.
19. 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 (including social 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.
20. 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.
21. Any cost associated with accessing the relevant websites 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.
22. 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), 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.
23. 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 the prize.
24. As a condition of accepting the prize, the winner (and his/her companion/s) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
26. The Promoter is Kong Restaurant Pty Ltd (ABN 25 613 218 370) 599 Church Street,
Richmond, VIC, 3121