“Win 10,000 OpenTable Dining Points” – Prize Draw Official Rules
1. Introduction: The Prize Draw referenced below (“Prize Draw”) is organised by Analytical Systems Pty Ltd ABN 82 006 137 908, trading as OpenTable Australia (“OpenTable”), with registered office at Level 22, 357 Collins Street, Melbourne, Victoria, Telephone Number +61 1300 130 359.
These rules are the terms and conditions of the Prize Draw (“Rules”). By entering the Prize Draw, you agree to be bound by these Rules. If you do not agree with any of the Rules then you should not enter the Prize Draw. Failure to comply with these Rules may result in disqualification from the Prize Draw at OpenTable’s sole discretion.
2. Key Defined Terms: The capitalised terms below shall have the respective meanings set forth opposite them:
3. Eligibility: You are eligible to enter the Prize Draw if you meet the Eligibility Requirements. Employees of OpenTable or its affiliates and anyone else professionally connected with this Prize Draw, and members of their respective immediate families (to include, parent, sibling, spouse and child) are not eligible to win the Prize(s) (as defined below). Any such entries will be invalid. NO PURCHASE NECESSARY TO ENTER. VOID WHERE PROHIBITED.
4. Entry Period: The Prize Draw begins on the Start Date and will end on the End Date (“Entry Period”).
5. How to Enter: During the Entry Period, you may enter the Prize Draw via the Entry Method. Limit one (1) entry per Entry Period per social media account. Proof of sending will not be considered proof of receipt. Any use of robotic, automatic, programmed or similar entry methods will void all such entries by such methods. You must have an account on the applicable Social Media Platform(s) identified above in order to enter via such Social Media Platform. The Social Media Platform(s) identified above is/are free to join. You must abide by the terms and conditions of any Social Media Platform through which you enter the Prize Draw.
6. Winner Selection: At the close of the Entry Period, the winner(s) (“Winner(s)”) will be determined by a random drawing from among all eligible entries received. OpenTable’s decision is final and binding in all matters relating to the Prize Draw. Odds of winning depend on the actual number of eligible entries received. Potential winners will be notified by email to the email address provided or by direct message to your social media account through which you entered the Prize Draw within two days of the drawing. Depending on the nature of the Prize, the Winner’s or Winners’ names and state(s)/territory(ies) of residence may be published on OpenTable’s website. By entering this competition, each entrant requests that his or her full address not be published. To claim the Prize, a potential winner must complete and sign a “Confirmation of Eligibility and Publicity Consent” (“Consent”). If a potential winner: (1) is unreachable for three months after reasonable attempts to contact such winner; (2) does not contact OpenTable; (3) if applicable, is unable to attend; or (4) fails to complete and sign a Consent, such Winner’s entry will be deemed invalid and OpenTable may conduct another random drawing and award the Prize to an alternate entrant. Such additional drawings are subject to any requirements of the relevant Australian gaming authority. OpenTable’s computer shall be the official timekeeper for all matters related to the Prize Draw.
7. Prize: The Winner(s) will receive the Prize. The Winner(s) will not receive the difference between actual and approximate retail value. A cash equivalent or alternative prize of equal or higher value as determined by OpenTable (subject to the approval of the relevant Australian gaming authority, if required) may be given by OpenTable in its sole discretion in the event the Prize and/or its sponsor becomes unavailable for any reason. The Prize is non-transferable and non-exchangeable, except in OpenTable’s sole discretion. All taxes and other expenses, costs, or fees, including transportation, and accommodations associated with the acceptance and/or use of any Prize are the sole responsibility of the Winner(s). The Prize may also be subject to Additional Prize Conditions, if any, noted above.
8. Winners List: To receive a list of Winner(s) for the Prize Draw, email hello@OpenTable.com. Requests for results must be received within 30 days of the end of the Entry Period.
9. Conditions: By entering the Prize Draw, you hereby warrant that all the information submitted by you is true, current and complete. OpenTable reserves the right to ask for proof of age and evidence, accepted at OpenTable’s discretion, to verify the identity of an entrant at any time, and may carry out checks of any details provided.
10. Ownership of entries and intellectual property rights: All entries become the property of OpenTable and will not be acknowledged or returned. By entering the Prize Draw, entrants grant OpenTable the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, communicate to the public, perform, translate, adapt, modify, and otherwise exploit the entry and to incorporate the entry in other works in any and all markets and media worldwide in perpetuity without additional compensation, notification, permission or approval and you hereby waive all moral rights to which you may be entitled under the Copyright Act 1968 (Cth) as amended from time to time and under all similar legislation from time to time in force anywhere in the world.
By entering the Prize Draw, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators, if selected as a Winner, to the posting of such entrant’s name and/or blog user name on the OpenTable website and the use by OpenTable and its affiliates and their respective officers, directors, and employees (collectively, “Released Parties”) of such entrant’s name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use.
11. Content of entries: You must have the permission of any person that you identify or otherwise refer to in your entry. Entrants warrant that they have the sole and exclusive right to grant such rights to OpenTable and that OpenTable’s reproduction, publishing, displaying, and/or other use of the entry will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, intentional or negligent infliction of emotional distress, breach of confidence or breach of contract. If any entry contains material that is offensive, violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any entry does not comply with these Rules or meet OpenTable’s standards for any reason, as determined by OpenTable in its sole discretion, such entry may be rejected as ineligible for consideration and/or deleted. Entries must comply with all applicable laws, rules, and regulations. OpenTable shall have no obligation to copy, publish, display, or otherwise exploit the entry.
In the event of any fault, mistake, misunderstanding or dispute concerning the validity of the information supplied by the entrant, or the operation of any part of the Prize Draw, the decision of OpenTable shall be final and no correspondence will be entered into.
12. Exclusion of Liability: OpenTable does not accept responsibility for any fault, malfunction, damage, liability, loss or disappointment suffered by any entrant howsoever arising from participating in the Prize Draw or of accepting any Prize except where it is caused by the negligence of OpenTable, its employees, agents or others, to the fullest extent permitted by law (in which case that liability is limited to the minimum allowable by law). OpenTable shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of the Prize Draw due to reasons beyond OpenTable’s control, and is not responsible or liable for any expenses incurred as a consequence thereof. The failure of OpenTable to comply with any provision of these Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of OpenTable (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Rules. Nothing in these conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned.
OpenTable is not liable for any tax implications arising from prize winnings. Independent financial advice should be sought. Where this Prize Draw involves, for GST purposes, supplies being made for non-monetary consideration, entrants will follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
14. Organiser: The sponsor of the Prize Draw is Analytical Systems Pty Ltd.
15. Non-Affiliation: This Prize Draw is in no way organised, sponsored, endorsed, or associated with or by any Prize provider or Social Media Platform. You release the Social Media Platform from any responsibility it may owe you by participating in this Prize Draw.
16. Governing Law: The Prize Draw shall be governed by and construed in accordance with the laws of Victoria, Australia and you hereby submit to the exclusive jurisdiction of the courts of Victoria, Australia.
17. Prohibition and disqualification: OpenTable reserves the right to permanently disqualify from any Prize Draw or any other promotion any person they believe has intentionally violated these Rules. Any attempt to deliberately damage the Prize Draw or the operation thereof is unlawful and subject to legal action by OpenTable, who may seek damages to the fullest extent permitted by law.
OpenTable may prohibit any entrant or potential entrant from participating in the Prize Draw, if such entrant or potential entrant shows a disregard for these Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, OpenTable, or OpenTable’s agents or representatives; or behaves in any other disruptive manner (as determined by OpenTable in their sole discretion).
18. Modification or cancelation of these Rules: OpenTable reserves the right to cancel, modify, or suspend the Prize Draw or any element thereof (including, without limitation, these Rules) if required (including, without limitation, in the event of any unavailability of prizes or sponsors, insufficient or incomplete entries, any event of force majeure (described in paragraph 12 above) any interference with the Prize Draw by any entrant or third party or any reason outside OpenTable’s reasonable control). In the event of cancellation, modification, or suspension, OpenTable reserves the right to select winners in a random drawing from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted on OpenTable’s website. OpenTable reserves the right to modify these Rules for clarification purposes without materially affecting the terms and conditions of the Prize Draw and subject to the approval of the relevant Australian gaming authorities if required.