Menulog Restaurant Awards - People’s Choice Competition 2019 Terms and Conditions for Restaurants
Information on how to enter the Promotion forms part of these Terms and Conditions. Entries not made in accordance with these terms and conditions will be disqualified.
Section 1: Promotion
1. Promotion: Menulog Restaurant Partners who submit the online nomination form in accordance with these Terms and Conditions will be eligible to receive consumer votes in order to go into the running to win the Major prize of Menulog Restaurant Awards People’s Choice 2019 Winner with a prize of NZD$2500. These Terms and Conditions only apply to the Menulog Restaurant Awards People’s Choice promotion as a subsection of the Menulog Restaurant Awards series. All other awards as part of this series will be awarded to Menulog Restaurant Partners at the discretion of Menulog, based on their merits as a Menulog Restaurant Partner (including, but not limited to, order volume and review scores).
These Terms and Conditions of Entry will be published on the Menulog website (www.menulog.co.nz) and will be accessible by the Competition Website (restaurantawards.menulog.co.nz) in English.
2. Promoter: The promoter is Menulog Ltd. NZBN 9429030966383, IRD 118-526-112 PWC, Level 8, 188 Quay Street, Auckland Central, Auckland 1010 New Zealand.
3. Promotion Period: Promotion Period: The Promotion will commence 11.00am on Friday, 30 August 2019 NZST and will close at 6.00pm on Friday, 4 October 2019 NZST. Phase One of the Promotional Period, where eligible entrants (see Section 2) can submit an entry (see section 3) will commence at 11.00am on Friday, 30 August 2019 NZST and close at Thursday 19 September 2019 6.00pm NZST. Phase Two of the Promotional period, where valid entries will be judged (see Section 4) will commence 11.00am on Monday, 23 September 2019 NZST and will close at 6.00pm on Friday, 4 October 2019 NZST, following which Prize Winners will be contacted on Tuesday, 8 October 2019 from 11.00am NZST (see Clause 13).
Section 2: Eligibility
4. Eligibility: To be eligible to enter the Promotion, the entrant must be an active Menulog Restaurant Partner that has processed at least 100 orders via the Menulog platform in the past 90 days before 26 August 2019.
5. Non-Eligibility: The entrant must not be:
a. affiliated with the Promoter through investments or donations; or
b. a New Zealand restaurant that is not a Menulog Restaurant Partner or operating on the Menulog platform in New Zealand.
6. Further, any missing or incorrect information or contact details provided on the entry form, or any subsequent cancellation of an entry before the conclusion of the promotion, will render that entry invalid.
Entries must not include (i) any image or voice of any other person without that person’s express consent. Entrants warrant that if any such content is included, they have obtained the express consent of the relevant person. At the request of the Promoter all entrants must procure the relevant consents from anyone featured in any way in the entry, and provide these to the Promoter; (ii) any content that contravenes any law, infringes the rights of any person or is obscene, offensive, potentially defamatory, discriminatory, indecent or otherwise objectionable or inappropriate (which includes, without limitation, any content involving nudity, malice, excessive violence or swearing); and (iii) any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists, unless the entrant is entitled to do so. If an entrant has any doubts about whether they have the right to include any content (for example, recorded music) they must not include it. By including any such content in their entry, the entrant warrants that they have the permission of the relevant copyright owner to do so and that this permission allows the Promoter to use the entry in accordance with these Conditions of Entry.
Entries must be the entrant’s original work. 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.
By submitting an entry to the Promotion, each entrant agrees to assign all rights in the entry to the Promoter and consents to the Promoter using the entry in any manner the Promoter wishes (including modifying, adapting or publishing the entry, whether in original or modified form, in whole or in part or not at all), by way of all media, without payment to the entrant (of royalties, compensation or otherwise). By submitting an entry, each entrant consents to any dealings with the entry that may otherwise infringe their moral rights in the entry. The Promoter may copy any content submitted as part of an entry, cause the content to be seen and/or heard in public, and communicate the content to the public. It may also allow third parties to do these things.
Section 3: Entry to the Promotion
7. To enter, entrants must, during Phase One of the Promotion Period go to the competition website at restaurantawards.menulog.co.nz, and register by completing the registration form in full, including a 100 words or less response and an appropriate image of the Restaurant Partner. For the avoidance of doubt, an authorised representative of the entrant, including, but not limited to, the Restaurant Owner, Restaurant Manager or Restaurant Staff may enter the promotion on behalf of the entrant.
If the Restaurant Partner image is not deemed appropriate by The Promoter, an alternate image may be provided, should the Restaurant Partner meet all eligibility criteria outlined in Clause 4, prior to being approved as a valid entrant.
When an eligible entrant completes a valid entry within Phase One of the Promotional Period as noted in Clause 3, the entrant will be approved by The Promoter and loaded to the Competition Website as a Nominee for the People’s Choice Award at the close of the Promotional Period.
At the conclusion of Phase One of the Promotional Period, all valid nominees will be displayed on the Competition Website, with Restaurant Name, Cuisine Type, Location, Specialty Dish, Dietary Specials, 100 word or less response and the submitted or provided image.
There will be one (1) entry per Menulog Restaurant Partner. Entries will be validated by The Promoter against the Menulog Restaurant partner database.
Entrants are strictly prohibited from using vote exchange mechanisms in order to influence the outcome of the Promotion. Any entrant found to be using vote exchange mechanisms will be disqualified.
This is a game of skill and chance plays no part in determining the winner. Each entry will be individually judged based on visual and creative merit. The judge’s decision will be final and no correspondence will be entered into.
Section 4: Judging
8. Judging: During Phase Two of the Promotional Period, members of the public will be invited to vote for their favourite entries (one vote per entry over the Promotional Period at a maximum of 10 votes per person. Individuals will be validated using Facebook or Google login). Voting can only be done via the Competition Website, by members of the public clicking the ‘Vote’ Button on an individual restaurant, either displayed on the map or by clicking into the Restaurant Partner’s nomination. At the conclusion of the Promotion, the top two (entries) with the most votes will be eligible to win a prize (as described in Section 5). In the event of a tie for a prize placing, representatives of the Promoter will judge the tied entries and choose the entry that is most descriptive and best represents the values of the Menulog business in serving its customers (Judging Criteria).
9. Prize Winners: The Prizes described below in Section 5 will be awarded to the entries judged as described in Clause 8.
Section 5: Prizes
10. Prize Components: The prizes are as follows:
a. Menulog Restaurant Awards People’s Choice Winner 2019 (Major Prize): NZD$2,500 prize to be paid to the Major Winner via their established Weekly Invoice Process after the Promotion Period in a timely manner. The Winner will also receive a Menulog Restaurant Awards Trophy, A Menulog Restaurant Awards Certificate and Menulog Restaurant Awards digital assets that can be used across all communication. This prize has the total retail value of NZD$2,500.
11. Prize Value: The total retail value of the Prizes to be won is valued at up to NZD$2,500. Prize values are accurate as at the commencement of the promotion.
12. Prize Conditions: The Prizes are subject to the following conditions:
a. No exchange of Prize: Prizes will be supplied as described in these Terms and Conditions of Entry. The Prize can be transferred to another person or entity at the absolute discretion of the Promoter. However, it cannot be exchanged or redeemed for cash. If for any reason, the Prize Winner cannot take any component of the Prize and it does not wish to transfer the Prize, then the Prize will be forfeited;
b. Taxes: Winners will be responsible for any tax liability associated with a Prize.
c. If a prize or element of a prize becomes unavailable, for any reason beyond the Promoter’s reasonable control, then a comparable prize or prize element of equal or greater value will be awarded in lieu.
Section 6: Prize Winners
13. Contact: The Promoter will contact each of the Prize Winners in writing and via phone within five (5) business days of the conclusion of the Promotion Period to confirm their eligibility under these terms and conditions and to confirm whether the Prize Winners wish to claim their Prize. The names of the Prize Winners will also be published on the Website from Thursday, 10 October 2019.
14. Claim of Prize: Prizes must be claimed by no later than 7.00pm NZST on Friday 29 November 2019. If the Prize Winners fail to do so by the deadline, the Prize Winners will be deemed to have forfeited their Prize.
15. Winner Publicity: In accepting a Prize, the Prize Winner agrees to participate in any publicity arrangements made by or on the behalf of the Promoter in relation to the Promotion. The Prize Winner further acknowledges that the Promoter reserves the right to publicise their name, state, country and photographs without any payment being made to them in respect of this Promotion.
Section 7: General Conditions
16. Lost, Delayed Communication: The Promoter will not be responsible for any delayed, lost or misdirected mail or any other communication.
17. Release: To the fullest extent permissible by law, each entrant in the Promotion including without limitation the Prize Winners, releases the Promoter from any claim, loss, damage, expense (including any claim for legal expenses), cost or charge sustained or in any way incurred by such entrant in connection with the Prize or their participation in the Promotion. The Promoter, its related bodies corporate, their officers, employees and agents will not be liable for any loss, damage or personal injury whatsoever (including but not limited to direct, indirect, consequential and economic loss) suffered or sustained in connection with this Promotion, the promotion of this Promotion, or the use of any Prize, except for any liability which cannot be excluded by law. Further, to the fullest extent permitted by law, the Promoter excludes liability for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the Internet or any website, or any unauthorised intervention, or any combination thereof, including any non-delivery or corruption of entries to the Promoter, injury or damage to participants' or any other person's computer related to or resulting from participation in or downloading any materials in this Promotion. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
18. Force Majeure: Subject to applicable law, the Promoter will not be responsible for any act, omission, failure or delay by the Promoter that is due to an act of God, riots, acts of terrorism, storms, fire, any labour or industrial dispute, any strike, and other acts, which are not reasonably within the control of the Promoter.
19. Disputes: In the event of a dispute, the decision of the Promoter is final and binding and no correspondence will be entered into.
20. Privacy Notice: During the course of the Promotion, the Promoter may collect personal information in relation to entrants and their representatives. This may include, but is not limited to, the names, email addresses, telephone numbers and other details provided by the entrant on the registration form. The entrant's and its representative’s personal information is collected so the Promoter is able to contact and award the Prize to the Prize Winner, to publish the results of the Promotion and to publicise the Promotion.