Local Matters Terms & Conditions

Introduction

1. Local Matters is our community donation program. It aims to provide support to groups, organisations and causes that serve local communities where each Grill’d Restaurant is located.

Definitions

2. In these Terms and Conditions:
(a) “Applicant” means a Local Community Group or an individual representative acting on behalf of a Local Community Group that applies to participate in Local Matters;
(b) “Grill’d” means Grill’d Pty Ltd (ACN 106 297 394) and its related bodies corporate;
(c) “Grill’d Restaurant” means any restaurant in the Grill’d business that participates in Local Matters;
(d) “Local Area” means the local area surrounding a Grill’d Restaurant, within an approximate 5 km radius;
(e) “Local Community Group” means:
(i) a group of people sharing a common goal;
(ii) a charity; or
(iii) a not-for-profit organisation;
(f) “Local Community Project” means a charitable or benevolent project serving a Local Area, even if the project also serves a wider area;
(g) “Local Matters” means this Local Matters Program.

Eligibility

3. Registration is only open to Local Community Groups that legitimately conduct one or more Local Community Projects within, or that serve, a Local Area.
4. Local teams or individual participants for large scale charity fundraising events are NOT considered “Local Community Groups” and therefore are NOT eligible to register.
5. Companies, businesses and groups that are intended to generate a profit are NOT eligible to register.
6. Local Matters does not support individuals and their personal projects.

Registration

7. To register to participate in Local Matters, eligible Local Community Groups must either:
(a) visit www.grilld.com.au and follow the prompts to fully complete the online application form; or
(b) visit a Grill’d Restaurant, request an application form, fully complete the form and return it to the staff in the Grill’d Restaurant.
8. Application forms must include all required details, including:
(a) the name and contact details of the individual completing the application on behalf of the Local Community Group;
(b) the Grill’d Restaurant nearest to the Applicant’s home and workplace;
(c) the name of the Local Community Group;
(d) the size of the Local Community Group (i.e., number of members);
(e) the Local Community Group’s address, website address and/or Facebook profile address;
(f) whether the application relates to the Local Community Group as a whole or to a specific Local Community Project conducted by the Local Community Group;
(g) a blurb of approximately fifty (50) words describing the Local Community Group or the specific Local Community Project (as applicable) (“Blurb”);
(h) the date their application expires, i.e., the date after which they would no longer wish to participate in Local Matters (if applicable);
(i) details of who cheque for any proceeds from Local Matters should be paid to (cheques will be made payable to the Local Community Group);
(j) the nearest Grill’d Restaurant to the Local Area served by the Local Community Group where the Applicant wishes to participate.
9. Incomplete, indecipherable or illegible applications will be deemed invalid.
Limitations
10. Subject to clause 12, each Local Community Group:
(a) may not submit more than one application at a time and therefore must wait for an existing application to be rejected or expire before applying again;
(b) may only participate in Local Matters once in any twelve (12) month period;
(c) may not apply separately at different Grill’d Restaurants within the same twelve (12) month period.
11. In the case of Local Community Groups that conduct multiple Local Community Projects, Grill’d may allow the same Local Community Group to participate multiple times within the same twelve (12) month period (i.e., once for the Local Community Group and once for each separate Local Community Project). This will be determined by Grill’d in its absolute discretion on a case-by-case basis.
12. For the avoidance of doubt, for the purposes of clauses 11–12, a “twelve (12) month period” refers to the time since the Local Community Group or Local Community Project (as the case may be) last participated in Local Matters. This does not refer to a calendar year from January to December each year.

Review

13. Grill’d will review each application for eligibility and compliance with these Terms and Conditions. Grill’d will then choose from the eligible Applicants to be selected to participate in the Local Matters program, in Grill’d’s absolute discretion.
14. Applications will initially be reviewed by the Grill’d Support Office and provisionally approved applications will then be forwarded to the relevant Grill’d Restaurant for final approval and selection.
15. Grill’d may contact Applicants for additional information or clarification when reviewing applications. If Grill’d is unable to contact an Applicant, the application may be rejected.
16. Grill’d may, in its absolute discretion, determine that:
(a) the relevant Grill’d Restaurant for the Local Area served by the Local Community Group or Local Community Project (as the case may be) is different from the Grill’d Restaurant nominated on the application form, in which     case the application will be re-assigned to the appropriate Grill’d Restaurant; or
(b) the Local Community Group or Local Community Project (as the case may be) does not serve the Local Area of any Grill’d Restaurant, in which case the application will be rejected.
17. Approval and participation in Local Matters is based on eligibility and compliance in accordance with these Terms and Conditions as determined by Grill’d in its absolute discretion.
18. Grill’d will notify Applicants via email to the individual nominated on the application form whether their application has been successful or not.
19. If an Applicant believes that their application has been unfairly assessed, they may submit an enquiry to [email protected] and ask for their application to be re-assessed. Once this has occurred, the decision by Grill’d Support Office is final and no further correspondence will be entered into.
20. Approval of an application does not guarantee participation in Local Matters in any particular Grill’d Restaurant in any particular month, which will be determined by Grill’d in its absolute discretion. Due to the volume of applications received, Grill’d will select Local Community Groups and Local Community Projects that it considers best suited to the Local Matters program from amongst the approved applications to participate in Local Matters.
21. Approved applications will be placed in a pool for selection by the relevant Grill’d Restaurant for a forthcoming month and may not necessary be selected in the same order in which applications are received or approved. If the application included an expiry date and the application is not selected before the expiry date, it will be removed from the selection pool and the Applicant may choose to apply again in the future if they wish.
Participation
22. Each calendar month, each Grill’d Restaurant will select three (3) approved Local Community Groups to participate in Local Matters. Each Local Community Group will be notified by email.
23. Each Grill’d Restaurant will have three (3) jars on display, each representing one of the selected Local Community Groups (or their nominated Local Community Project). Each jar will have a label identifying the Local Community Group or Local Community Project (as the case may be) and a Blurb based on the information provided in the successful application. Grill’d reserves the right to edit the details and Blurb for the label.
24. When a customer purchases a main item (that is, a burger, sliders, salad or steak sandwich, including “mini me” packs, ) from a Grill’d Restaurant, they are given a token and invited to place the token in one of the jars on display to support the Local Community Group or Local Community Project of their choice.
25. At the end of each calendar month, each Grill’d Restaurant will count up the tokens in each jar. Based on this, a total of $500 donated by each Grill’d Restaurant each month will be distributed as follows:
(a) The Local Community Group represented by the jar in each Grill’d Restaurant that has the most tokens will be awarded 1st place and receive a $300 donation, and the remaining two Local Community Groups that place 2nd                and 3rd will each be given a $100 donation;
(b) In the event of a tie between two Local Community Groups for 1st place, each of those tied Local Community Groups will receive $200 and the third Local Community Group will receive $100;
(c) In the event of a tie between all three Local Community Groups for 1st place, the $500 total will be split evenly with each Local Community Group receiving $166.66.
26. Each participating Local Community Group will be notified of the outcome by email after the tokens have been counted at the end of the month. Results on the placings will also be displayed on a “Last Month’s Winners” card at the relevant Grill’d Restaurant the following month.
27. In the case of a newly opened Grill’d Restaurant that commences participation in Local Matters after the 1st of the month, the Grill’d Restaurant may decide to roll over the selected Local Community Groups to the end of the following calendar month to ensure they receive a minimum period of a full calendar month, in which case the total amount donated will remain $500 as set out in clause 26 above.
Donations
28. Donations will be made in the form of a cheque payable to the Local Community Group based on the details set out in the application form.
29. Cheques will be available for collection from the relevant Grill’d Restaurant up to three (3) weeks after the end of the calendar month they participated in. Cheques will not be posted. It is the responsibility of each Local Community Group to collect the cheque from the Grill’d Restaurant within six (6) months from the end of the calendar month they participated in.
30. Unbanked and unclaimed cheques will expire twelve (12) months from the date of issue.
31. If a Local Community Group does not collect their cheque from the Grill’d Restaurant they participated in within six (6) months from the end of the calendar month they participated in, but it is less than twelve (12) months since participation, the Local Community Group will need to submit a request to claim their donation to [email protected] .
32. Grill’d has a preference to pay donations by cheque and will not make payments to individuals. If a Local Community Group requests that the donation be paid by another method, Grill’d will consider the request in its absolute discretion on a case-by-case basis.
33. In the event that a cheque has not been claimed or banked by a Local Community Group before it expires, Grill’d will elect a Local Community Group to donate the expired funds to in Grill’d’s absolute discretion.
Communications
34. Applicants agree that the individual nominated on the application form will be sent email communications on behalf of the Applicant regarding the progress of their application, participation in the Local Matters program and collection of the donation cheque. That individual also agrees to be the primary point of contact for the Applicant and may be contacted by Grill’d via the email address or phone number provided.
Privacy
35. All applications become the property of Grill’d. Grill’d collects personal information in order to conduct Local Matters and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, suppliers and regulatory authorities. Participation is conditional on providing this information.
36. All information collected regarding Applicant will be stored on Grill’d’s cloud-based servers in Sydney as part of our Customer Relationship Management (CRM) system.
37. Unless you opt out on the application form, Grill’d may use the information provided for an indefinite period for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Applicant.
38. Personal information will be handled in accordance with the Grill’d privacy policy available at www.grilld.com.au/privacy-poli...
General
39. Information on how to participate in Local Matters and the rewards available form part of these Terms and Conditions. Participation in or registration for Local Matters is deemed acceptance of these Terms and Conditions.
40. Grill’d reserves the right, at any time, to verify the validity of applications and Applicants (including an Applicant’s identity and eligibility) and to disqualify any Applicant who submits an application that is not in accordance with these Terms and Conditions or who interferes with the application or review processes. Errors and omissions may be accepted at Grill’d’s discretion. Failure by Grill’d to enforce any of its rights at any stage does not constitute a waiver of those rights.
41. If there is a dispute as to the identity of an Applicant, Grill’d reserves the right, in its sole discretion, to determine the identity of the Applicant.
42. Applicant license and grant Grill’d, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display the name of the Local Community Group, the name of the Local Community Projects (if applicable) and the Blurb (collectively, “Content”) for any purpose in any media, without compensation, restriction on use, attribution or liability. The Applicant licenses Grill’d to use the Content in any media for an unlimited period for any reason including but not limited to in conjunction with Local Matters and for future promotional, marketing or publicity purposes. The Applicant consents to any use of the Content which might otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth). Grill’d may edit, remove or refuse to publish any Content without notice for any reason whatsoever. Applicants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights. Applicants warrant and agree that:
(a) the Content is an original literary work of the Applicant that does not infringe the rights of any third party;
(b) they will not submit any Content that is unlawful, fraudulent, inappropriate, objectionable or unacceptable;
(c) they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein;
(d) they are fully responsible for the Content they submit in their application;
(e) if the application is submitted online, the Content will not contain viruses or cause injury or harm to any person or entity;
(f) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.
Without limiting any other terms herein, the Applicant agrees to indemnify Grill’d from and against all costs and claims by third parties arising from a breach of this warranty.
43. The Applicant consents to Grill’d using their name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting Local Matters (including any outcome) and promoting Grill’d products.
44. The use of any means to disrupt or interfere with the integrity of the voting system is strictly prohibited and may result in any Local Community Group that Grill’d reasonably believes is involved to be disqualified from further participation or receiving any donation.
45. Any cost associated with accessing the website is the Applicant’s responsibility and is dependent on the Internet service provider used.
46. Liability for any tax arising out of participation in Local Matters is the sole responsibility of the Applicant. Applicants should seek independent financial advice in this regard.
47. 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 2010 (Cth), as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 (Cth) 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, Grill’d (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.
48. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Grill’d (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 Grill’d’s control);
(b) any theft, unauthorised access or third party interference;
(c) any application or claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by Grill’d) due to any reason beyond the reasonable control of Grill’d;
(d) any tax liability incurred by a participant.
49. Grill’d reserves the right, in its absolute discretion, to modify, suspend, terminate or cancel the Local Matters program.
50. Grill’d’s decisions in relation to all aspects of Local Matters are final and no correspondence will be entered into.