Grill’d ‘DefEAT the Demogorgon’ Terms & Conditions
1. Entry Instructions
1.1 To enter the ‘DefEAT the Demogorgon’ competition (“Competition”), the person entering this Competition (“Entrant”) must visit https://www.grilld.com.au/stranger-things#enter or scan the QR code found on applicable Grill’d marketing material, log into or create a Grill’d Relish account and respond to the following question in 25 words or less:
“How did you defEAT the Demogorgon”
1.2 Entry into the Competition is deemed acceptance of these Terms and Conditions. Entry instructions and prize information form part of these Terms and Conditions.
1.3 For the purposes of these Terms and Conditions, the promoter is Grill’d Pty Ltd (ABN 17 106 297 394) Level 2, 4-10 Amsterdam Street, Richmond, Victoria 3121 (“Promoter”).
2.1 The Competition commences at 12:00am AEST on 27 May 2022 and ends at 11:59pm AEST on 16 June 2022 (“Competition Period”). Entries received outside of the Competition Period will not be accepted by the Promoter and will be deemed to be invalid
2.2 The time of entry will be deemed to be the time the entry is received by the Promoter and not the time of transmission by the Entrant.
3. Eligibility to Enter
3.1 Entry is open to Australian residents who are 18 years or older and living in Australia.
3.2 Directors, management, officers, employees and contractors of the Promoter and associated agencies, retailers, suppliers and companies, and their immediate families are ineligible to enter this Competition. For the purposes of this clause, "immediate families" includes his or her spouse, ex-spouse, de facto spouse, child, step child, adopted child, parent, step-parent, grandparent, uncle, aunt, siblings, step-siblings, or first cousin, whether or not they live in the same household as the director, manager, officer, employee or contractor.
3.3 Entrants must be a member of Grill’d’s Relish membership program in order to enter this Competition. If an Entrant is not a Relish member and wishes to participate in this Competition, the Entrant should first visit https://www.grilld.com.au/account/create to become a member.
4. Entry into the Competition
4.1 Entrants may enter as many times as they like throughout the Competition Period provided that each entry is unique and original.
4.2 To enter the Competition, Entrants must follow the entry instructions and comply with all other applicable requirements during the Competition Period. Entries must be submitted in accordance with the entry instructions and will not be accepted in any other form.
4.3 An Entrant’s Entry must not be late, incomplete or incomprehensible or contain any content that infringes the rights (including intellectual property rights) of any person or is unlawful, obscene, offensive, indecent, defamatory, discriminatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or otherwise objectionable or inappropriate (which includes, without limitation, any content involving excessive violence, malice or swearing), capable of encouraging conduct that would be considered a criminal offence, capable of violating any law or giving rise to any civil liability.
4.4 Once submitted, no changes to or withdrawal of an Entry will be permitted.
4.5 Upon Entry, all Entries and content contained in those entries become the property of the Promoter. Each Entrant assigns all proprietary rights (including any intellectual property rights) they have in their Entry to the Promoter. The Promoter has the right to modify, adapt or alter the design and use the Entry (whether in original or modified form, in whole or in part) across any communication or marketing platform owned or used by the Promoter. The Promoter is entitled to use any of the submitted Entries for any purpose, including (but not limited to) any future promotion, marketing or publicity purposes.
4.6 All Entries may be uploaded onto the Promoter’s website and may also be displayed on the Promoter’s Facebook page, Twitter account or any other social media platform or in any digital or promotional communications.
4.7 Any Entry that is made on behalf of an Entrant by a third party, or otherwise by proxy, will be invalid.
4.8 By entering this Competition each Entrant warrants to the Promoter that their submitted Entry is an original work of the Entrant, has not been previously published or won any award and does not contain any material which would infringe the rights of any third party, including any copyright, trademark or other third party intellectual property rights. The Entrant agrees to indemnify the Promoter and keep the Promoter indemnified against all claims and costs incurred by third parties arising from a breach of the warranties set out in this clause. The Promoter reserves the right to verify, or to require the Entrant to verify, that the Entry is the Entrant’s original work. If an Entry cannot be verified to the Promoter’s satisfaction, the Entry will be deemed invalid.
4.9 The Promoter reserves the right to, at any time, and in its absolute discretion:
4.10 Despite anything to the contrary in these Terms and Conditions, errors and omissions may be accepted at the Promoter's complete discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
4.11 Any costs associated with entering this Competition are the responsibility of each Entrant.
4.12 The Promoter accepts no responsibility for late, lost or misdirected Entries or other communications. Entries will be deemed void if forged, manipulated or tampered with in any way. Incomplete, indecipherable, or illegible Entries will also be deemed invalid and will not be included in the Competition. The Promoter cannot accept responsibility for any entry not received. The Promoter assumes no responsibility for any failure to receive an entry or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches.
5.0 Judging Criteria
5.1 Judging of all valid Entries received within the Competition Period will be conducted by a panel of judges at the Promoter’s head office at Level 2, 4-10 Amsterdam Street, Richmond, Victoria 3121 by 4:00pm on 17 June 2022.
5.2 One (1) winning Entry will be selected based on creativity, literary merit and originality (“Winning Entry”).
5.3 This Competition is a game of skill and chance plays no part in determining the Winning Entry.
5.4 The Promoter’s decision in relation to any or all aspects of this Competition is at its complete discretion, final and binding on all persons who enter into this Competition and no correspondence will be entered into.
6. Prize Information
6.1 The one (1) Entrant who submits the Winning Entry (the “Winner”) will win a Stranger Things experience in San Francisco, USA for the Winner and one (1) guest (who must be 18 years or over) which will include the following:
6.2 The total maximum value of the Prize is AUD$6,000 (final total subject to cost of return flights at time of booking). Prize values are based upon the recommended retail prices at the time of printing (exclusive of GST). The Promoter and Prize Provider accept no responsibility for change in prize value between now and the ultimate prize redemption date.
6.3 The Prize will be provided by Netflix Australia Pty Ltd (“Prize Provider”). As a condition of entry, Entrants acknowledge that the Competition is in no way sponsored, endorsed or administered by Netflix Australia and unconditionally and irrevocably waive and release Netflix Australia (and its affiliates) from all liability (including claims) arising out of or in connection with participation in the Competition and/or acceptance or use of the Prize (other than as expressly provided in these Terms and Conditions).
6.4 Travel must be taken prior to 4 October 2022 and is subject to availability. Travel dates must be confirmed by the Winner with the Promoter or its assigned representatives within 30 days of the Winner being notified of their success. The Winner must be ready, willing and able to receive and/or participate in the Prize as required by these Terms and Conditions. All components of the Prize must be fulfilled at the same time and cannot be split across different periods.
6.5 The Prize is not transferable, refundable or redeemable for cash (other than in the reasonable discretion of the Prize Provider). The Prize must be taken as stated and no compensation will be paid if the Winner is unable to accept the Prize.
6.6 The Prize Provider will take reasonable care to ensure that the Prize is as described in these Terms and Conditions. However, the Prize Provider reserves the right to substitute a reasonable equivalent of like value if the Prize (or any part thereof) is unavailable for any reason whatsoever and the Winner agrees that no liability shall attach to the Prize Provider (or any of its affiliates) or to any other party connected to the Competition as a result of any such substitution.
6.7 The Prize is subject to the Terms and Conditions of any third party service providers and the Prize Provider and the Promoter will have no liability in relation to any element of the Prize provided by a third party provider.
6.8 Additional terms that apply to the Prize are detailed in section 10 below.
7. Notification of Winners
7.1 The Winner will be notified via telephone and email by 12.00pm (AEST) 20 June 2022 of their success and will be directed to email the Promoter with the any details required to arrange the Prize.
7.2 The Promoter takes no responsibility if a Winner's details are incorrect or incomplete and the Winner cannot be contacted.
7.3 The Promoter reserves the right to appoint a new winner if a Winner cannot be contacted within 48 hours or if the Prize cannot be redeemed by a Winner. This new winner will be appointed by conducting a second judging of the Entries, such judging to take place in the same manner and at the same premises as the initial judging on a date to be determined by the Promoter.
8.2 Personal information supplied in connection with the Winning Entry will be used by the Prize Provider and its agents for the purpose of fulfilling the Prize. Entrants acknowledge that such information will be disclosed to the Prize Provider and its agents for such purpose. By entering the Competition, Entrants expressly consent to the specific use of their personal information as described in accordance with these Terms and Conditions and the Prize Provider’s Privacy Statement (available at www.netflix.com/privacy) and agree that the Prize Provider may use this data, or disclose it to other organisations that may use it, for such purpose without any further reference, payment or consent.
8.3 Entrants consent to the Promoter using the Entrant’s name, likeness, image and/or voice in the event that they are a Winner (including photograph, film, file and/or recording of the same) in any media for an unlimited period of time without remuneration for the purpose of promoting this Competition (including any outcome), and promoting any goods or services provided by the Promoter.
8.4 By entering the Competition, the Entrant consents to receipt of information (including via post, phone, email and SMS) regarding the Competition and other emails or communications which inform the Entrant of the Promoter’s other publications, products, services and events and to promote third party goods and services the Entrant may be interested in. The Promoter may continue to provide the Entrant with this information for an indefinite period unless and until advised otherwise by the Entrant.
9.1 Nothing in these Terms and Conditions limits, excludes, or modifies or purports to limit, exclude or modify the statutory consumer guarantees or implied warranties as provided under any applicable consumer protection laws.
9.2 If this Competition 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 for reasons of war, terrorism, state of emergency, pandemic or any other kind of disaster, tampering or computer virus) the Promoter reserves the right, in its sole discretion, to modify, suspend, terminate or cancel the Competition and/or the Prize to the full extent permitted by law and subject to any approval or directions from a regulatory authority.
9.3 Except for any liability which cannot be excluded by law, the Promoter, the Prize Provider and its associated companies are not responsible for and exclude 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:
9.4 This Competition, or any aspect of it, may be changed or withdrawn by the Promoter at any time without prior notification. In the event of any dispute, the Promoter will be the sole arbitrator and its decision will be final (subject to any laws that may apply).
9.5 Any attempt to deliberately damage the Promoter's promotional website or the information on the website, to cause malicious damage or interference with the normal functioning of the website, or to otherwise undermine the legitimate operation of this Competition may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these conditions of Entry or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.
9.6 These Terms and Conditions are governed by, and are to be construed in accordance with, the laws enforceable in Victoria, Australia. Each party submits to the exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia and any court hearing appeals from those courts.
9.7 These Terms and Conditions embody the entire agreement between the Promoter and each Entrant with respect to this Competition.
9.8 Any provision in these Terms and Conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise must be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
9.9 The Promoter can be contacted at grilld.com.au/feedback.
10. Additional terms – the Prize
10.1 All travel and service bookings for the Prize are subject to availability and the Promoter and Prize Provider will not be held responsible for any unavailability. Travel dates and arrangements are the final decision of, and subject to the terms of, the Promoter, the Prize Provider or their assigned representatives and may be dependent on select seat classes with airlines or specific room category availability with the accommodation partner. If any booking is unavailable on particular dates, or there is a COVID-19 related travel ban, health or quarantine restriction at the point of departure or destination that restricts the Winner from participating in the Prize, the Promoter or the Prize Provider (or their representatives) may consult with the Winner to determine alternative dates. If the Winner (for whatever reason) is unable to accept the Prize on the alternative date stipulated, then the Prize will be forfeited and cash will not be rewarded in lieu of the Prize.
10.2 The Winner and their guest travel at their own risk and may be required to sign an acceptance and release form (in a form determined by the Promoter or its representatives, in their sole discretion) to be eligible to accept and/or participate in the Prize.
10.3 Once airline tickets have been issued, they are non-endorsable and non-transferable (i.e. no name changes allowed). Any alterations to confirmed flights and/or accommodation details will be at the expense of the Winner and their guest.
10.4 A valid credit card must be presented at hotel check in for incidentals. Any additional charges from the hotel must be settled prior to departure.
10.5 All applicable taxes (excluding GST on Prize components) and surcharges and all additional and ancillary costs involved, including excess baggage, visas, valid passports, spending money, drinks or meals, items of a personal nature, in-room charges (including, but not limited to, room service, telephone calls and internet usage), transfers, transportation (including, without limitation, any transport to or from any airport or hotel), travel insurance and any applicable insurance excesses and any other ancillary or incidental costs not included in the Prize are the responsibility of the Winner and their guest.
10.6 The Winner is responsible for ensuring their guest complies with all terms relating to the Prize.
10.7 Flights may be indirect. The Winner and their guest must travel together.
10.8 The Prize is subject to, and the Winner and their guest must comply with, the terms and conditions of any third party service providers used to supply any part of the Prize and all COVID-19 conditions and restrictions which may apply including, but no limited to, those of the airline, hotel and event venue. Winner and their guest must adhere to local conditions and restrictions at the time of travel which may include mask wearing, check-in requirements and providing proof of vaccination.
10.9 The Winner and their guest must have valid travel documentation, including a passport valid for at least 90 days from the date of entry in the United States of America and visas (as applicable), and will be responsible for complying with any customs, immigration, COVID-19 and other regulatory requirements for entering the United States of America.