1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. These Terms & Conditions apply to the “Follow Omnia and Subscribe to Win a $250 Dining Experience” promotion and prize draw promoted by LK Hospitality Pty Ltd trading as Omnia Bistro & Bar ABN 38 992 903 904 of 625 Chapel Street, South Yarra, VIC 3141 (“Omnia” or the “Promoter”).
3. If you are an Eligible Person and satisfy all Entry Requirements then subject to these Terms & Conditions, you will be entered into the prize draw, to win a $250 dining experience at Omnia (“Prize Draw” or the “Promotion”).
4. Entries into the promotion open at 10:00am (AEDT) on [insert day and date] and close at 11:59pm (AEDT) on 31 December 2022 (“Promotion Period”).
Eligibility and Entry
5. Entry to the Promotion is ONLY open to individuals who:
a. are permanent Australian Residents aged 18 years or older and reside in the Australian State of Victoria. For the purposes of these Terms & Conditions, “Australian Residents” means a person who resides in Australia at the start of the Promotion Period and who holds Australian citizenship or holds an Australian permanent residency visa. Employees of the Promoter and its related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth)) (“Related Body Corporate”) or immediate families of the aforementioned employees are ineligible to enter. For the purposes of these Terms and Conditions, “immediate family” means any of the following: spouse, ex-spouse, defacto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin (“Eligible Persons”); and
b. during the Promotion Period,
i. follow @omniabistro on Instagram or Facebook AND
ii. subscribe to the LK Hospitality database by:
A. entering your name, email, mobile phone number and birthday (day and month only, optional) at www.omniabistro.com.au via the “Join the Omnia Family” pop-up that displays when the website is launched; or
B. completing your name, email, mobile phone number and birthday (day and month only, optional) on a “Join the Omnia Family” card and submitting the card to a staff member at a LK Hospitality venue.
(collectively “Entry Requirements”).
6. Multiple entries into the Promotion are not permitted. Entrants can only enter in their own name. When an Eligible Person satisfies the Entry Requirement in paragraph 5 above, that Eligible Person will be entered into the Promotion. For the avoidance of doubt, the maximum number of entries for each Eligible Person who has satisfied the Entry Requirements during the Promotional Period is one (1) entry into the Promotion per Eligible Person.
7. The use of automatic entry software, mechanical or electronic devices that allows an individual to automatically enter the Promotion is prohibited and may render all entries submitted by that individual invalid.
8. The total allocated prize pool for the Prize Draw is AU$500 (inclusive of GST).
9. The Promoter accepts no responsibility for any tax implications that may arise from prize winnings. All taxes which may be payable as a consequence of receiving the prize are the sole responsibility of the winner. Any additional expenses involved are at the winners’ expense. Independent financial advice should be sought.
10. There will be two (2) draws conducted for this promotion. Entries close for each draw at 11:59pm AEDT on the dates specified in the table below. All draws will take place at the premises of LK Hospitality Pty Ltd, Level 13, 10 Queens Road Melbourne 3004 or at the Promoter’s premises, 625 Chapel Street, South Yarra 3141 at 11:00am AEST / AEDT on the dates specified in the table below. The Promoter may draw additional reserve entries and record them in case an invalid or ineligible entrant is drawn. Entries in each draw will NOT be entered into any subsequent draws.
Entries Close: 30 May 2022
Draw date: 2 June 2022
Entries Close: 30 Nov 2022
Draw date: 5 December 2022
11. In the event that the prize becomes unavailable for reasons beyond Omnia’s control, Omnia may at its discretion substitute the prize for an alternative prize, subject to any written directions from a regulatory authority.
12. Allocation of the prize to the winner is final and binding and no correspondence will be entered into.
13. The winner will be notified by phone and/or email via the contact details supplied by the Eligible Person to Omnia when subscribing to the Omnia and LK Hospitality customer database. The winner will be notified within two (2) working days after the winner is drawn and the Winner’s name will be published on Omnia’s Instagram account (@omniabistro).
14. If the winner does not satisfy these Terms and Conditions or cannot be contacted within a reasonable timeframe in accordance with all requirements of all State and Territory regulatory authorities, the entry will be invalidated, and a further entry drawn within 30 business days of the relevant draw date in order to distribute the unclaimed prize. All non-winning entries from the relevant draw will be included in the unclaimed prize draw. The winner of the unclaimed prize draw will be notified in writing (via the contact details supplied by the Eligible Person to Omnia when subscribing to Omnia and LK Hospitality’s customer database at the Omnia website) within two (2) working days of the draw and the winner’s name will be published on Omnia’s Instagram and Facebook accounts (@omniabistro). This will continue until a valid winning entry is drawn.
15. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual 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 misconduct, calculated to jeopardise fair and proper conduct of the promotion. 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 such an offender are reserved.
16. Incomplete or indecipherable entries will be deemed invalid.
17. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
Redemption and Use of Prize
18. The prize is not transferable or redeemable for cash, any alternative form of credit or able to be exchanged.
19. It is a condition of accepting and participating in the prize that a winner may be required to sign a legal release or release(s) in a form determined by the Promoter in its absolute discretion.
20. The winner consents to the Promoter using their name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media or publication for an unlimited period without remuneration for the purpose of promoting this Promotion (including any outcome), and promoting LK Hospitality and/or for compliance with the requirements of a relevant regulatory authority.
21. The Promoter assumes no responsibility for any failure to receive an entry in the Promotion or for inaccurate information by any person or for any loss, damage, or injury as a result of technical or telecommunications problems, including security breaches. If such problems arise, then the Promoter may modify the Promotion.
22. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings, and images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
23. As a condition of entering this promotion, each entrant licenses and grants the Promoter and 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 their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
24. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for a reasonable period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter in connection with the promotion.
25. 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 entrant; or
b. subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
26. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
27. 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, the Promoter (including its respective officers, employees and agents) 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 the promotion.
28. Except or any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) are 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 the Promoter’s control);
b. any theft, unauthorised access or third-party interference;
c. any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;
d. any variation in prize value to that stated in these Terms and Conditions;
e. any tax liability incurred by a winner or entrant; or
f. taking of the prize/attendance at the prize event.
31. The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Melbourne, Victoria Australia.