FRANKSTON CITY BURGER OFF VOTER TERMS AND CONDITIONS SUMMARY: The Frankston City Burger Off is a city-wide promotion facilitated by Frankston City Council to encourage residents and visitors to attend local restaurants and cafes during the winter months. By choosing to vote in the Promotion you have agreed to the complete list of Terms and Conditions found here. Definitions: 1. The ‘Promoter’ is Frankston City Council (ABN 4945 4768 065), Davey Street, Frankston VIC 3199 2. ‘Promotion’ means the Frankston City Burger Off (http://www.burgeroff.com.au), facilitated by Frankston City Council (ABN 4945 4768 065), Davey Street, Frankston 3. ‘Promotion Period’ the promotion commences at 9.00am Australian Eastern Standard Time (AEST) on Thursday 1 August 2019 and closes at 11:59pm (AEST) on Saturday 31 August 2019. 4. ‘Registered Participant’ means the party entering into the Agreement as a local restaurant or café operator in the Frankston City Burger Off 5. ‘Voting Period’ commences at 9:00am (AEST) on Thursday 1 August 2019 and closes 11:59pm (AEST) Sunday 8 September 2019. 6. ‘Voter’ means the party entering into the Agreement as a voter in the Frankston City Burger Off 7. ‘Votes’ means the scores given by each Voter for an eligible entry during the Promotion Period. Voting will be on a Rating Scale. Voters will be asked to rate all eligible entries purchased and consumed during the Promotion Period on a scale of 1 to 10. 8. ‘Voter Photo Contest’ means the social media photography competition for registered photos to upload images to win weekly prizes by tagging @burgeroff_frankston and using hashtag #EnjoyEveryBurger 9. ‘Voter Photo Contest Entrant’ means the party entering into the Agreement as an entrant into the Weekly Prize Draws associated with the Frankston City Burger Off by way of tagging @burgeroff_frankston and using hashtag #EnjoyEveryBurger on any digital platform. 10. ‘Entry’ means a photo taken by a registered Voter which is uploaded to social media tagging @burgeroff_frankston and using hashtag #EnjoyEveryBurger. Voting in the Frankston City Burger Off is open to all ages, and any individual can be a ‘Voter’ or ‘Voter Photo Contest Entrant’ into the Weekly Prize Draws. General 1. Information on how to Vote forms part of the Terms and Conditions of Voting. Voting in the Promotion is deemed acceptance of these Terms and Conditions. 2. Failure by the Promoter to enforce any of its rights under these Terms and Conditions at any stage does not constitute a waiver of those rights. 3. Frankston City Council and all Registered Participants in the Promotion will not assume any liability for adverse reactions to foods consumed, or items one may
come in contact with, during any visitations to Registered Participant venues in conjunction with the Promotion. Entrants concerned with food allergies need to be aware of this risk.
Eligibility 1. Voting is open to all residents and non-residents of Australia. 2. The Promotion commences at 9:00am Australian Eastern Standard Time (AEST) on Thursday 1 August 2019 and closes at 11:59pm (AEST) on Saturday 31 August 2019. (Promotion Period). 3. The Voting Period commence at 9:00am (AEST) on Thursday 1 August 2019 and closes 11:59pm (AEST) Sunday 8 September 2019. 4. Only votes that are received in accordance with these Terms and Conditions during the Voting Period will be eligible. 5. The entry which receives the highest score by registered Voters during the Voting Period will be the Frankston City Burger Off. How to Vote 1. To Vote in the Promotion, Voters must, during the Promotional Period (1-31 August 2019), undertake the following steps: i. Dine at one of the participating Frankston City Burger Off venues (Registered Participant) and purchase a promotional burger. ii. Download the ‘Visit Frankston’ mobile application from Google Play or Appstore or go to http://www.burgeroff.com.au iii. Follow the instructions to register an account and provide all requested personal information including a valid name, email address and phone number; iv. Accept the Terms and Conditions; v. In accordance with the directions, Vote for the burger/s purchased and consumed during the Promotional Period from those listed on the Promotion website and/or mobile application. Votes must be submitted before 11:59pm (AEST) Sunday 8 September 2019. 2. Voters may only vote for a single burger entry once in this Promotion. 3. Voters must fully and correctly register and follow the voting instructions via the Promotional website and/or mobile application. If you do not supply the information requested or supply false or misleading information, your Vote will be deemed invalid. 4. Votes from invalid email addresses or using false information to register to vote multiple times will be disqualified and will result in the disqualification of the associated entries and votes. Voters can only register for the Promotion in their own name and not on behalf of another individual. Voters found to be sharing email addresses will be deemed ineligible to win and votes will be excluded from counting. 5. Voters can view and vote for any eligible Entries during the Voting Period. 6. Voting will be on a Rating Scale. Voters will be asked to rate all eligible entries purchased and consumed during the Promotion Period on a scale of 1 to 10. 7. The Promoter reserves the right, at any time, to verify the validity of votes and Voters (including a Voter’s identity to ensure that voters only submit one vote and proof of purchase i.e. a copy of the receipt) and reserves the right, in its sole discretion, to disqualify any Voter 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 conduct which jeopardises or is likely to jeopardise the fair and proper conduct of the promotion. 8. 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 Registered Participant or Voter; or (b) to modify, suspend, terminate or cancel the Promotion, as appropriate. 9. Votes generated by script, macro, robotic, programming or any other automated means are prohibited and will be disqualified. 10. No Registered Participant may offer a prize, discount or any other inducement/benefit to gain votes. If the Promoter discovers this has occurred, then the Promoter may invalidate the Registered Participant, the Voter and all associated votes from the Promotion in its absolute discretion. 11. The decision to disqualify a Registered Participant or Voter is final and no correspondence will be entered into. 12. Errors 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 a Registered Participant, its servants, agents and contractors and any Voter, are reserved. 13. All Votes must be received by the Promoter during the Voting Period. Records of the Promoter are final and conclusive as to time of receipt. 14. The Promoter is not responsible for incomplete, late or misdirected votes, or votes received through impermissible or illegitimate channels or for failed, partial or garbled computer transmissions, or for technical failures of any kind. 15. By Voting in the Promotion, Voters accept and unconditionally agree with the above terms and conditions. RANDOM VOTER COMPETITION 1. Throughout the Promotion Period, Voters will be selected at random to win $20 gift cards to attend a Registered Participant’s restaurant or cafÊ. 2. One (1) gift card will be awarded to one (1) winner each week. 3. Prize winners will be selected by random draw from all entrants via database export. 4. Random voter prizes must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated. Prizes are not exchangeable or redeemable for cash or other goods or services. A prize cannot be transferred to any other person, unless agreed by the Promoter and the Registered Participant. 5. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or part of the prize) with a prize to equal value and/or specification. 6. The Promoter reserves the right to forfeit prize/s in the event of a voter being unable to satisfy these Terms and Conditions or not claiming a prize. For any prize that remains unclaimed by 30 October 2019, they will become void. No further winners will be announced. 7. Where a winner of a prize is under 18 years of age, their prize will be awarded to the winner’s parent or legal guardian.
8. Winners will be notified by email and with consent, their names will be published on the Promoter’s website, mobile application, and social media platforms and in media and public relations material. VOTER PHOTO CONTEST Throughout the Promotion Period, Voters will be able to enter the Voter Photo Contest to win $50 gift cards to attend a Registered Participant’s restaurant or café. One winner will be selected each week during the Promotional Period (1-31 August 2019). 1. All registered Voters are eligible to enter the Voter Photo Contest. 2. Entry into the Voter Photo Contest is permitted between 9am (AEST) on Thursday 1 August 2019 and closes 11.59pm (AEST) on Saturday 31 August 2019 (Promotion Period). 3. To enter the Voter Photo Contest, Voters must, during the Promotion Period, undertake the following steps: i. Register to Vote in the Promotion by downloading the ‘Visit Frankston’ mobile application from Google Play or Appstore or go to http://www.burgeroff.com.au and following the instructions ii. Take a photo taken during the Promotional Period depicting themselves (or a member of their party) and a Registered Participant’s eligible entry into the Promotion. iii. Upload the photo on Instagram or Facebook by BOTH tagging @burgeroff_frankston and using hashtag #EnjoyEveryBurger. 4. Each valid social media post is deemed one entry. 5. Entries must be received by the Promoter during the Promotion Period (1-31 August 2019). More than one entry per person is permitted. Entries must be submitted by the individual entrant and any automated entries will be invalid. Any costs associated with the use of Instagram or Facebook will be the responsibility of the entrant and entrants agree to be bound by Instagram and Facebook’s Terms of Use. 6. This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram, Facebook, Twitter or any other social network. 7. Each entry will be individually judged based on artistic and creative merit by a panel of judges appointed by the Promoter. The best image, as determined by the judges, made up for Frankston City Council Community Relations employees, will be deemed the winner. 8. This is a game of skill only and chance plays no part in determining the winner. 9. The judges’ decision is final and correspondence will not be entered into. 10. Each weekly winner will be notified within 7 days. Only with consent, will the names of the Winners will be published on the Promoter’s social media and public relations material. 11. Each prize must be taken as stated, and is not transferable, exchangeable or redeemable for cash. A prize cannot be transferred to any other person, unless agreed to by the Promoter. The Promoter will not be liable in the event that the winning entrant does not take, or is unable to use, the prize or any portion of it for any reason. If the prize is unavailable for reasons beyond the Promoter’s control, the Promoter reserves the right to substitute the prize with a prize of equal value. 12. Each entrant warrants to the Promoter that:
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each entry submitted is an original artistic work of the entrant that does not infringe on the rights of any third party, including but not limited to, copyright, trademarks, trade secrets, privacy, publicity, personal or proprietary rights; ii. entrants have the necessary model and/or property releases as required. Winning entrants may be requested to provide written evidence of these signed documents; iii. photos submitted have not be used or taken for commercial purposes. The entrant agrees to indemnify the Promoter against all costs and claims by third parties arising from a breach of these warranties; iv. if the entry in any way includes third parties under the age of 18 years, they have obtained the required consents and releases from the parents or legal guardians (as applicable) of those third parties or the third party property owners to include them in their entry. 13. Incomplete, indecipherable, or illegal entries will be deemed invalid and will be rejected. The Promoter reserves the right to disqualify any entry where it reasonably suspects that such materials are prohibited by these Terms and Conditions, any relevant law, or are otherwise deemed inappropriate. This is at the Promoter’s absolute discretion and discussions will not be entered into. 14. Images that are considered unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive, contain objectionable content or otherwise inappropriate will be deemed invalid. The Promoter, in its absolute discretion, reserves the right to notify relevant authorities including law enforcement bodies and provide them with the objectionable image and the entrant’s personal information. 15. Images that communicate messages or images inconsistent with the positive images and/or goodwill the Promoter wishes to associate will not be an Eligible Entry. 16. If an entry contains images of an alcoholic beverage, including the consumption of an alcoholic beverage, it must present a mature, balanced and responsible approach to consumption. For further guidance on what is acceptable for images containing alcoholic beverages, please refer to the Alcohol Beverages Advertising code available from www.abac.org.au. Whether or not an entry complies with this paragraph shall be determined by the Promoter in its sole discretion. 17. The Promoter takes no responsibility for late, lost or misdirected entries. Incomplete, illegible or incomprehensible entries will be deemed invalid. 18. As a condition of entering this competition, all entrants over the age of 18 years grant the Promoter the right to repost their image/s to promote the Promotion on any of Frankston City Council’s digital media platforms and may be shared with Frankston City Council affiliates to promote the Promotion. This usage is royalty free. 19. Any entrant under the age of 18 years will require parental approval for images to be reposted. 20. If the Vote Photo Contest 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, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law to a) disqualify any entrant, or b) to modify, suspend, terminate or cancel the contest, as appropriate. 21. Except for any liability that cannot be excluded by law, the Promoter (including its 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. 22. If, for any reason, the Voter Photo Contest is not capable of being run as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, the Promoter reserves the right in its absolute discretion to take any action that may be available to it, including cancelling, terminating, modifying or suspending the Contest. 23. Any entrant who, in the opinion of the Promoter, tampers or interferes with the Contest in any way, engages in unlawful or improper conduct that jeopardises or is likely to jeopardise the fair and proper conduct of the Contest, or who does not properly comply with the entry process, will be ineligible to win and will render all entries submitted by that individual invalid. 24. The winner will be notified via social media or email. The Promoter reserves the right to forfeit prize/s in the event of an entrant being unable to satisfy these promotion terms and conditions or not claiming a prize. For any prize that remains unclaimed on 30 October 2019 they will become void. No further winners will be announced. 25. Where a winner of a prize is under 18 years of age, their prize will be awarded to the winner’s parent or legal guardian. Privacy: 1. By registering to participate in the promotion as a Voter, you consent, until you advise otherwise to receiving future marketing communications from the Promoter for an indefinite period, including via electronic communications. 2. The Promoter in its absolute discretion will store Voter registrations at an external hosting site, which will be used by the Promoter at a later date for promotional purposes, and the Voter consents to such collection by the external hosting site. Voting is conditional on providing this information. Voters should direct requests to access, update or correct information to the Promoter.