The Batman Relish Competition Terms & Conditions

Grill’d ‘Win a Holiday Worthy of Bruce Wayne’ Terms & Conditions

1. Entry Instructions

1.1 To enter the ‘Win a Holiday Worthy of Bruce Wayne’ competition (“Competition”), the person entering this Competition (“Entrant”) must visit grilld.com.au/batmanrelishcomp and tell respond to the following question in 25 words or less:

What Grill’d burger do you think The Batman would choose to fight his appetite after a night fighting The Riddler, & why?” (“Entry”).

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. Duration

2.1 The Competition commences at 9:00am AEDT on 24 February 2022 and ends at 11:59pm AEDT on 14 March 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 loyalty 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 Only one entry is permitted per Entrant.

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:

a) remove, edit, modify or take down in full or in part, from any communication channels or platforms, on which the Entries have been published, any Entry, including (but not limited to) any Entry that the Promoter deems, in its sole discretion, to not be in the spirit of this Competition, to be offensive or in breach of these Terms and Conditions, any legislation, regulations or by-laws;

b) verify the validity of Entries and Entrants (including an Entrant's identity, age, and place of residence). In the event that suitable proof cannot be provided to verify the validity of the Entry and Entrants, the prize will be forfeited in who and no substitute will be offered; and

c) disqualify any Entrant who submits an Entry that is not in accordance with these Terms and Conditions (or any other content guidelines notified by the Promoter during the Entry process for the Promotion) or who interferes or tampers with the Entry process or if the Entrant is engaged in any unlawful or other misconduct calculated to jeopardise the fair and proper conduct of the Competition. The Promoter's legal rights to recover damages or other compensation from such an Entrant are reserved.

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. 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 10:00am on 16 March 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 package for two (2) people to holiday at the Wolgan Valley Resort in New South Wales, including:

a) return economy flights from the Winner’s nearest capital city to Sydney;

b) return airport transfers;

c) 3 nights accommodation at Wolgan Valley Resort & Spa;

d) daily breakfast, lunch and dinner (and selected beverage inclusions);

e) 2 daily on-site activities per person from complementary activity inclusions at time of stay; and

f) use of gymnasium, tennis courts, sauna and steam room

(together, the “Prize”).

6.2 The total maximum value of the Prize is AUD$15,000 (final total subject to cost of return flights at time of booking).

6.3 Prize values are based upon the recommended retail prices at the time of printing (exclusive of GST). The Promoter accepts no responsibility for change in prize value between now and the ultimate prize redemption date.

6.4 The Winner must be ready, willing and able to receive and/or participate in the Prize as required by these terms and conditions.

6.5 Winner must participate in the Prize personally. The Prize is not transferable, refundable or redeemable for cash. The Prize must be taken as stated and no compensation will be paid if a Winner is unable to use the Prize. In the event that the Prize becomes unavailable for reasons beyond the Promoter’s control, the Promoter may substitute a Prize, or element of it, of equal or greater value.

6.6 The Prize must be taken within 12 months of the Winner being notified of their success. Travel dates must be confirmed by the Winner with the Promoter or its assigned representatives within 45 days of the Winner being notified of their success. The Prize is not available during Australian National or State/Territory public holiday periods or during the other following dates:

a) 10 April – 24 April 2022; and

b) 12 December – 27 January 2022.

6.7 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 5:00pm AEDT 16 March 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 24 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. Privacy

8.1 The Promoter will collect Entrants’ personal information in order to conduct the Competition and also in order to conduct advertisements, publications, media statements and other promotional material associated with the Competition. If the information requested is not provided, the Entrant may not participate in the Competition. The collection, use and disclosure of personal information provided in connection with this Competition is governed by the Promoter’s privacy policy, available at https://www.grilld.com.au/legal-information/privacy-policy 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.

8.2 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. General

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, the Promoter reserves the right, in its sole discretion, to modify, suspend, terminate or cancel the Competition 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 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:

a) any problems or technical malfunction (whether or not under the Promoter’s control) of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on any computer system or at any website, or any combination thereof, including (but not limited to) any injury or damage to Entrants or any other person’s property related to or resulting from participation in this Competition;

b) any incorrect or inaccurate information, either caused by users or by any of the equipment or programming associated with or utilised in connection with this Competition, or by any technical error that may occur in the course of this Competition;

c) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or third part interference or unauthorised access to or alteration of entries or entrants details;

d) any Entry that is late, lost, altered, damaged or misdirected (whether or not after receipt by the Promoter);

e) any tax liability incurred by a winner or entrant (independent financial advice should be sought);

f) participation in this Competition; or

g) cancellation of this Competition.

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 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 or its 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 Winner’s point of departure or at the resort destination that restricts the Winner from participating in the Prize, the Promoter (or its representatives) may at its discretion consult with the Winner to determine alternative dates. If the Winner (for whatever reason) is unable to take an element of the Prize on the date stipulated by the Promoter (or an alternative date agreed between the Promoter and the Winner) then the prize will be forfeited and cash will not be rewarded in lieu of the Prize.

10.2 The Winner and their companion travel at their own risk. The Winner and their companion 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 Any changes to travel, service, accommodation, or other scheduled booking once arranged, are at the sole expense of the Winner and their companion and will incur an administration fee of $250 ex GST to be settled prior to change to bookings may occur.

10.4 All applicable taxes (excluding GST) and surcharges and all additional and ancillary costs involved, including excess baggage, visas, valid passports, spending money, additional meals, items of a personal nature, in-room charges (including but not limited to room service, telephone calls and internet usage), 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 as incurred. Any additional charges from the hotel must be settled prior to departure.

10.5 The Winner is responsible for ensuring their companion complies with all terms relating to the Prize.

10.6 All included flights are economy class and may be indirect. The Winner and their companion must travel together at the same time and are responsible for arranging transport to and from their residence to their departing Australian airport.

10.7 The Winner and their companion must comply with:

a) any conditions of carriage and/or entry imposed by the relevant airline and accommodation venue, including (but not limited to) compliance with any dress codes, possession of prohibited items and intoxication regulations;

b) all rules and regulations imposed by the airline and accommodation venue, including photography restrictions and no smoking rules; and

c) all Covid-19 conditions and restrictions which may apply, including but no limited to travel hotel and events. Winner and their companion must adhere to local conditions and restrictions at the time of travel which may include mask wearing, check-in requirements and proof of vaccination.

10.8 The Winner and their companion must act in a respectable, civilised, well-behaved manner at all times while participating in the Prize. A Winner and their companion may be refused entry any time for any reason at the airline or accommodation venue’s sole discretion.