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Terms & Conditions


Hog’s Squad Membership Terms & Conditions

  1. By registering as a member of Hog’s Squad or by utilising any Hog Squad benefits such as your card or claiming any Hog’s Squad member benefits, you agree to enter into, and be bound by, a contract with Hogs Breath (Australia) Pty Ltd [ACN 071 132 655] (“We, Us, Our”) and your participation in the Hogs Squad program will be governed by, these Hog’s Squad Membership Terms and Conditions.
  2. You agree that you have read and accept the terms of our privacy policy located at http://www.hogssquad.com/privacypolicy including without limitation the collection, use and disclosure of personal information. You consent to us, our franchisees, licensees, and business partners contacting you from time to time, including via telephone, post, facsimile and electronic (ie. sms, email and internet) methods.

Payment

  1. To be part of Hog’s Squad, you must pay a one-off fee of $19.90 per card, which may entitle you to a lifetime membership while the Hog’s Squad Program remains active subject to these terms and conditions.

Hog’s Squad Benefits

  1. Our Hog’s Squad benefits include:
  • Swipe/scan your Hog’s Squad card anytime at any Hog’s restaurant in Australia and New Zealand when dining within the restaurant and you will be rewarded with a 25% discount off your main meal unless otherwise specified
  • Receiving one complimentary birthday voucher valid for use in the month of your birthday, in the year you receive the voucher. Voucher entitles the card holder to a free Natural Prime Rib Steak in a traditional cut size or choose your own masterpiece from our menu to equal or lesser value. Maximum value must not exceed $34.95. Offer does not include mega cut sized steaks. Offer not valid with any other offer or discount for the card holder. Limited to one complimentary birthday meal per person, per annum. You consent to us posting or emailing birthday vouchers which state your name, address, birth month and year of validity.
  • Hog’s Squad members may receive other offers and promotions during the time of their membership, including from partners of Hog’s Australia’s Steakhouse.

Kids 12 years and under

  1. Kids 12 years of age and under are eligible to hold a Hog’s Squad Card and receive:
    1. When they purchase a main meal within the restaurant, 25% off their main meal purchased from our Kids Menu, a free drink and a kid’s ice cream; and
    2. a birthday card and can only choose their free birthday meal from our Kids Menu including a drink and kids ice cream.

Hog’s Squad Conditions

  1. Hog’s Squad cards are valid for use within Australia and New Zealand Hog’s Australia’s Steakhouse restaurants only and is not valid with any other promotions, coupons, vouchers, discounts, Takeaway, home delivery, $9.90 lunch dishes or other in-store offers.
  2. Replacement cards will incur an administration cost.
  3. Discounts and benefits from the card and promotions are for each member nominated on the card only.
  4. Hog’s Squad cards joined with a unique email address will only receive a birthday card if they join more than 16 days prior to their birthday.
  5. Member benefits are personal to you and are not transferable.
  6. We do not exchange or refund member benefits for anything else including cash or gift cards.
  7. Participation is offered at our discretion and we reserve the right to revoke privileges for any reason.
  8. We reserve the right to change these terms from time to time, and you agree that each time you use our Hog’s Squad card you accept the terms and conditions, as revised.
  9. A Hog’s Squad membership entails both a physical and digital card and both items are subject to change at our discretion.
  10. Each Hog’s Squad card is limited to one person only with one unique email address and cannot be used by any person other than the member registered to the Hog’s Squad card.
  11. A person may only hold one (1) Hog’s Squad or Frequent Diner membership at any one time. We reserve the right to terminate multiple Hog’s Squad or Frequent Diner memberships held by one person.

Cancellation of your Hog’s Membership

  1. If you no longer wish to be a member of the Hogs Squad program, you can deregister your card by contacting us on 1800 464 783 (AUS) or 0800 464 783 (NZ). By deregistering your card, you will no longer be able to acquire any benefits or eligible to use any benefits.

Termination

  1. We reserve the right at any time to give notice to:
    1. (a) Decline to issue Hog’s Squad cards or provide any Hog’s Squad membership benefits;
    2. (b) Withdraw or cancel any Hog’s Squad cards or Hog’s Squad membership benefits;
    3. (c) Reverse any Hog’s Squad member benefits;
    4. (d) Terminate your Hog’s Squad membership of the program; or
    5. (e) Terminate the Hog’s Squad program.
  1. Because, inter alia:
    1. (a) your abuse or attempt of abuse of your Hog’s Squad membership, or the benefits associated;
    2. (b) you act contrary to these terms and conditions;
    3. (c) any Hog’s Squad member benefits which are accumulated fraudulently to you or we suspect you have attempted to obtain any Hog’s Squad benefits fraudulently;
    4. (d) you use or attempted to use any Hog’s Squad benefits for another person other than the cardholder;
    5. (e) Your bankruptcy or death.
  2. Membership may be cancelled/refused to individuals by Hog’s Breath Cafe (Australia) Pty Ltd at its discretion, if Membership is deemed to be fraudulent, linked to a fraudulent Membership and/or a Member engages at any Hog’s Breath Cafe / Hog’s Australia’s Steakhouse store and/or to a Hog’s Breath Cafe (Australia) Pty Ltd or Hog’s Breath Cafe / Hog’s Australia’s Steakhouse employee in a derogatory, harmful, drunken and/or manner otherwise regarded by Hog’s Breath Cafe (Australia) Pty Ltd as highly inappropriate.
  3. On termination of your membership, we may retain your Hog’s Squad membership information for record keeping purposes and for general analysis purposes and may allocate to others members any membership.
  4. You agree that we do not need to notify you in advance or give you any reason or any action taken in connection with your membership.

Hog’s Squad Liability

  1. You acknowledge and agree that there may be:
    1. (a) A delay in issuing you with a card or non-issue to you of any Hog’s Squad member benefits;
    2. (b) Delay in, or non-replacement of a lost, stolen or damaged Hog’s Squad card;
    3. (c) Acts, errors or admissions by us in the course of providing Hog’s Squad member benefits;
    4. (d) Suspension and/or termination of the Hog’s Squad program;
  2. and to the maximum extent permitted by law, we will not be liable to you in any way for any cause in connection with such matters including, without limitation, any unused benefits at the time of your termination, in negligence, contract or otherwise, and any liability shall be limited to a refund of the membership fee.

Details & Notice

  1. Hog’s Australia’s Steakhouse may give you notice:
    • by advertisement in a newspaper circulating throughout Australia;
    • by email or sms (to the last known email address or mobile number provided), which you are taken to have received upon the sender receiving confirmation the message has been sent;
    • by the Hog’s Australia’s Steakhouse website (www.hogsbreath.com.au) or www.hogssquad.com, which you are taken to have received within 5 days of posting on the website; or
    • in writing, which you are taken to have received if issued by hand, immediately, or given by post on the earlier of the date of receipt or 3 days after it was sent via post.
  1. You must advise Hog’s Australia’s Steakhouse of any change of name, address, or other details as soon as the change occurs. Hog’s Australia’s Steakhouse is not responsible for any failure by you to notify Hog’s Australia’s Steakhouse of the change that may result in the loss of Hog’s Squad member benefits and/or any other rewards, prizes, giveaways.
  2. Written proof acceptable to Hog’s Australia’s Steakhouse must be supplied for any change of details. Changes to address can be made by contacting Hog’s Australia Steakhouse on 1800 464 783 (AUS) or 0800 464 783 (NZ) or via email to hogssquad@hbca.com.au. These terms will be construed according to and governed by the laws of Queensland and the parties submit to the exclusive jurisdiction of the courts in Queensland.

Gold Hog’s Squad Card Holders

Should you be one of our privileged original Gold Card holders and have any questions relating to terms and conditions please contact us directly hogssquad@hbca.com.au or via 1800 HOGSTER or if in NZ 0800 HOGSTER. Gold Card members are entitled to 25% off the card holders Hog-etiser, Main Meal and Dessert when dining within the restaurant. Discount for Gold Card member only. Member must present card in restaurant to receive discount. Gold Hog’s Squad cards are valid for use within Australia at Hog’s Australia’s Steakhouse restaurants only and is not valid with any other promotions, coupons, vouchers, discounts, home delivery, $9.90 lunch dishes or other in-store offers.

Refund Policy

If you are not completely satisfied with your purchase of the Hog’s Squad membership within 30 days, in addition to your rights as a consumer under the Competition and Consumer Act and other applicable Australian consumer protection laws and regulations, you may be eligible to a refund of the membership fee.

A request for refund needs to be submitted in writing to hogssquad@hbca.com.au, refunds can be requested within 30 days of receiving your Hog’s Squad card. Once your request is received and investigated a refund can be initiated on the receipt of your Hog’s Squad membership card to P O Box 8068, Cleveland, Queensland, 4163.

If you paid by credit or debit card, refunds will be sent to the card-issuing bank within three (3) business days of receipt of the returned Hog’s Squad card at P O Box 8068, Cleveland, Queensland, 4163.
Please contact your bank for any further questions regarding to your refund.

 


Frequent Diner Card Membership Terms and Conditions

  1. By activating your Frequent Diner Card you confirm you have reviewed, understood and agree to our Frequent Diner Membership Terms and Conditions.
  2. We reserve the right to change these terms from time to time, and you agree that each time you use our Frequent Diner Card you accept the terms and conditions.
  3. Participation is offered at the discretion of Hog’s Breath Cafe, management reserves the right to revoke privileges for any reason.
  4. Membership to Hog’s Breath Cafe Frequent Diner Program is no longer available.
  5. The Frequent Diner Cards are not debit, credit or charge cards, are not transferable and remain the property of Hog’s Breath Cafe.
  6. Frequent Diner Cards are not valid for use in conjunction with any other offer, promotion or discount, including $9.90 lunch dishes and items available for Takeaway & Delivery.
  7. Replacement cards will incur an administration cost.
  8. Discounts from the card and promotions are for members only.
  9. Frequent Diner Card is valid for use within Australia and New Zealand Hog’s Breath Cafe restaurants only and is not valid with any other promotions, coupons, vouchers, discounts or in-store offers.
  10. Our Frequent Diner Card benefits are:
    • Show your Frequent Diner Card anytime at any Hog’s Breath Cafe in Australia and New Zealand when dining within the restaurant and you will be rewarded with a 25% discount off your main meal unless otherwise specified.
    • Receive one complimentary birthday voucher valid for use in the month of your birthday. Voucher entitles the card holder to a free Natural Prime Rib Steak in a traditional cut size or choose your own masterpiece from our menu to equal or lesser value.  Maximum value must not exceed $34.95.  Offer does not include mega cut sized steaks.  Offer not valid with any other offer or discount for the card holder. Limited to one complimentary birthday meal per person, per annum.  Birthday Voucher valid for one use only.You consent to us posting or emailing birthday vouchers which state your name, address, birth month and year of validity.
  11. Frequent Diner Card’s activated with a unique email address will only receive a birthday card if they activate more than 16 days prior to their birthday.
  12. You consent to us, our franchisees, licensees, and business partners contacting you from time to time, including via telephone, post, facsimile and electronic (ie. sms, email and internet) methods.
  13. Frequent Diner may receive other offers and promotions during the time of their membership.
  14. From time to time Hog’s Breath Cafe may send you offers from partners of Hog’s Breath Cafe.
  15. Each Frequent Diner Card is limited to one person only with one unique email address and cannot be used by any person other than the member registered to the Frequent Diner Card.
  16. A person may only hold one (1) Frequent Diner membership at any one time. We reserve the right to terminate multiple Frequent Diner memberships held by one person.
  17. Government email addresses can filter out junk mail. If you register with a government email address you may not be able to receive promotion emails from Hog’s Breath Cafe including your birthday voucher.
  18. Membership may be cancelled/ refused to individuals by Hog’s Breath Cafe at its discretion, if membership is deemed to be fraudulent, linked to a fraudulent membership and/or a member engages at any Hog’s Breath Cafe restaurant and/or to a Hog’s Breath Cafe or Hog’s Breath Cafe employee in a derogatory, harmful, drunken and/or manner otherwise regarded by Hog’s Breath Cafe as highly inappropriate.
  19. Hog’s Breath Cafe reserves the right to terminate our Frequent Diner Member program at any time by giving you at least 30 days prior written notice in which case you will cease to be able to use and/or participate within our Frequent Diner program and Hog’s Breath Cafe shall have no further liability.
  20. Except as provided in any law which cannot lawfully be excluded or modified by agreement, Hog’s Breath Cafe does not accept any liability whatsoever, including for negligent acts and omissions, with respect to:
    • the breach of any of these terms or any term implied by law (including statute) by any person other than Hog’s Breath Cafe.
    • any Frequent Diner membership benefit or other reward, prize or giveaway;
    • any death or injury or consequential loss or damage arising from the supply of a  Frequent Diner membership benefit and/or other reward, prize, giveaway;
    • the loss, theft or destruction of our Frequent Diner Card or any other member benefit or other reward, prize, giveaway;
    • any failure, delay or inability to provide our Frequent Diner Card or other member benefit or other reward, prize, giveaway to you caused by circumstances beyond its control, including strikes or industrial disputes, acts of God, flood, weather, war or civil disturbance; and
    • any other liability, loss or damage incurred or suffered by any Member (or any other person) in connection with Hog’s Breath Cafe Frequent Diner membership.
  21. Hog’s Breath Cafe may give you notice:
    • by advertisement in a newspaper circulating throughout New Zealand;
    • by email or sms (to the last known email address or mobile number provided), which you are taken to have received upon the sender receiving confirmation the message has been sent;
    • by the Hog’s Breath Cafe website (www.hogsbreath.co.nz), which you are taken to have received within 5 days of posting on the website; or
    • in writing, which you are taken to have received if issued by hand, immediately, or given by post on the earlier of the date of receipt or 3 days after it was sent via post;
  22. Hog’s Breath Cafe may give you notice:
    • by advertisement in a newspaper circulating throughout Australia;
    • by email or sms (to the last known email address or mobile number provided), which you are taken to have received upon the sender receiving confirmation the message has been sent;
    • by the Hog’s Breath Cafe website (www.hogsbreath.com.au), which you are taken to have received within 5 days of posting on the website; or
    • in writing, which you are taken to have received if issued by hand, immediately, or given by post on the earlier of the date of receipt or 3 days after it was sent via post;
  23. You must advise Hog’s Breath Cafe of any change of name, address, or other details as soon as the change occurs. Hog’s Breath Cafe is not responsible for any failure by you to notify Hog’s Breath Cafe of the change that may result in the loss of Frequent Diner member benefits and/or any other rewards, prizes, giveaways.
  24. Written proof acceptable to Hog’s Breath Cafe must be supplied for any change of details. Changes to address can be made by completing our online form at www.hogsbreath.com.au/frequentdiner or via email to bosshog@hogsbreath.com.au.
  25. These terms will be construed according to and governed by the laws of Queensland and the parties submit to the exclusive jurisdiction of the courts in Queensland.
  26. You agree that you have read and accept the terms of our privacy policy on www.hogsbreath.com.au/privacypolicy including without limitation the collection, use and disclosure of personal information.
  27. Kids 12 years of age and under are eligible to hold a Frequent Diner Card and while dining in the restaurant receive 25% off their main meal purchased from our Kids Menu. This includes a free drink and kid’s ice cream.
  28. Kids aged 12 and under receiving a birthday card can choose their free birthday meal from our Kids Menu including a drink and kids ice cream.
  29. Membership to Hog’s Breath Cafe Frequent Diner Program is no longer available.

Gold Frequent Diner Card Holders

Should you be one of our privileged original Gold Card holders and have any questions relating to terms and conditions please contact us directly at bosshog@hogsbreath.com.au or via 1800 HOGSTER or if in NZ 0800 HOGSTER.  Gold Card members are entitled to 25%  off the card holders Hog-etiser, Main Meal and Dessert.  Discount for Gold Card member only.  Member must present card to receive discount.


 


Kids Eat Free

At participating Hog’s Australian Steakhouses only. Check with your local restaurant for days and hours of availability, and any extra conditions. 1 free kids meal per adult purchasing main meal over $20. Children must be 12 or under & ordering from Kid’s menu. All extras & sides, including extra soft drinks, are charged for. Not valid with Frequent Diner / Hog’s Squad Card or any other offer or discount. Not available with Delivery.

Find your closest Hog’s Breath Cafe.


Lunches From $9.90

At participating Hog’s Breath Cafes only. Check with your local for days and hours of availability, and any extra conditions. Not valid with Hog’s Squad / Frequent Diner Card or any other offer, discount or promotion.

Find your closest Hog’s Breath Cafe.


Gift Vouchers

Terms of Use for HOG’S Gift Vouchers (AUS & NZ):

1. By purchasing, redeeming or attempting to redeem a Gift Voucher, you accept and agree to be bound by these Terms of Use and acknowledge you have read and understood our Privacy Policy, available at http://www.hogsbreath.com.au/privacy-policy/
2. Gift Vouchers can be purchased in Australian Dollars (AUD) and New Zealand Dollars (NZD) only.
3. Gift Vouchers purchased in Australian Dollars can only be redeemed in Australian Dollars.
4. Gift Vouchers purchased in New Zealand Dollars can only be redeemed in New Zealand Dollars.
5. Gift Vouchers can be made out to any denomination up to and including the value of $500.
6. The Gift Voucher can be used for purchases at any Hog’s Breath Cafe restaurant located throughout Australia and New Zealand only.
7. The Voucher is valid for bookings made within 6 months from the date of issue unless otherwise stated on the Gift Voucher. The Gift Voucher will expire at midnight on the expiry date stated on the front of the Gift Voucher and cannot be extended.
8. If there is any credit remaining after redemption of the Gift Voucher, it can be used towards future purchases until the credit balance reaches zero, in the form of a new Gift Voucher only.
9. Any balance that remains on the Gift Voucher after the expiry date is not available for use.
10. Additional values cannot be added to existing Gift Vouchers.
11. You cannot use the Gift Voucher for the sole purpose of purchasing alcohol and/or in such a way which would result in a breach of the Liquor Licensing Laws or any other laws governing the Hog’s Breath Cafe where you use the Gift Voucher.
12. You are responsible for the use and safety of your Gift Voucher and the Gift Voucher will not be replaced if lost, stolen, altered or damaged.
13. You are liable for all transactions on your Gift Voucher, except to the extent to which there has been fraud or negligence by us or by any of our employees.
14. Gift Vouchers are non-refundable and cannot be exchanged for cash.
15. To the extent permitted by law, we reserve the right to amend these Terms of Use at any time. Changes to the Terms of Use will be available at http://www.hogsbreath.com.au/terms-conditions/
16. These Terms of Use are to be construed and enforced in accordance with the laws of Queensland, Australia. Any dispute arising from your receipt or use of the Voucher is exclusively subject to the jurisdiction of the courts of Queensland, Australia.

 


2019 Hog’s December Facebook “Competition Wednesday” Competition.

Tell us who deserves a $150 Hog’s Voucher for Christmas and why by commenting on the post in 25 words or less.

This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.

Information on how to enter and prizes form part of the Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions

Eligibility:

Entry is only open to Australian residents aged 18 years or over who have a personal Facebook account. The directors, management and employees (and their immediate families, including their children and wards, and other persons residing in their household) of the Promoter, its related entities, corporations or franchisees, printers, suppliers, providers and agencies directly associated with the conduct of this promotion are ineligible to register and participate in the promotion.

Promotional Period:

Promotion commences at 10:00am AEST on Wednesday 4th December 2019 and ends at 4:00pm AEST on Sunday 8th December 2019 (Promotional Period).

The promotion is a National Competition and will appear on all Hog’s Corporate Facebook & Restaurants Facebook pages.

To enter, Entrants must, during the Promotional Period: Tell us who deserves a $150 Hog’s Voucher for Christmas and why in 25 words or less. as a comment to the social media post.

One entry per person during the Promotional Period.

Entrants acknowledge and agree that their Content may be published on the Promoter’s website (https://www.hogsbreath.com.au) and the Promoter’s Social Media pages (Facebook, Instagram, Twitter, etc) for an unlimited period of time and paid social media advertising. The Promoter reserves the right, at any time, to refuse to publish or remove any already published Content in its sole discretion.

Entries must be submitted in the manner required and received by Promoter during the Promotional Period. Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Incomplete, inaccurate, erroneous, obscene, ineligible or incomprehensible Entries will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected Entries. Any Entries deemed inappropriate by the promoter will be removed from social media.

If judged a winner, Entrants will acknowledge and agree for Promoter to use winning response across their assets and any paid advertising or media.

Judging

Judging will take place on Monday 9th December 2019 at Hog’s Breath Cafe (Australia) Head Office 1/152 Shore Street, Cleveland QLD in order to determine the best entry during the Promotional Period. Each correct entry has an equal opportunity chance to win. This is a game of skill and chance plays no part in determining the winner.

The winner will be notified via Facebook private chat where details will be requested to claim prize and announced on Hog’s Breath Café Australia social media channels.

The winner will be notified on the day of judging (Monday 9th December 2019). A Hog’s Breath Cafe (Australia) representative will contact the winner. The winner will have three (3) business days from the time of winner notification to respond to the Promoter in order to claim their Prize. In the event a winner does not respond to the Promoter within three (3) business days, the winner will be deemed to have forfeited their Prize and the Promoter may judge additional reserve entries in order to determine a winner/s. All reasonable steps to notify the winner of the results of the Judging will be taken by the Promoter. The Promoter’s decision in relation to all aspects of this promotion is final and no correspondence will be entered into.

The Promoter reserves the right to request verification of age, identity, residential address and any other information relevant to entry into or participation in this promotion.  Verification is at the discretion of the Promoter, whose decision is final. The Promoter reserves the right to disqualify any individual who is involved in any way in interfering or tampering with the conduct of this promotion. If such problems arise, then the Promoter may (where necessary with the approval of the relevant lottery authority) modify, cancel, terminate or suspend the promotion.

Prize

The winning entry, as determined by the judges will win one (1) Hog’s Gift Voucher valued at $150 to be redeemed at a Hog’s Breath Cafe (Australia) Restaurant within Australia.

There is only 1 x Winner, the voucher will be addressed to the nominated/deserved person that was mentioned in the winning comment.

Prizes are not transferable or exchangeable and cannot be taken as cash (unless otherwise stated). Prize must be taken as offered and cannot be varied. The Promoter accepts no responsibility for any tax implications that may arise from the Prize winnings. Independent financial advice should be sought. The Promoter accepts no responsibility for any variation in Prize value.

If any prize becomes unavailable for reasons beyond the Promoter’s control, the Promoter may substitute a prize of equal or greater value at the Promoter’s sole discretion, subject to any written directions from the relevant authorities. Winner will not be entitled to any additional compensation in the event that the prize has been substituted at equal or greater value.

The Promoter is not responsible or liable for any loss, damage or injury suffered by the winner as a result of the winner accepting and/or using a prize, except for any loss, damage or injury which is due to the negligence or wilful misconduct of the Promoter or which cannot be excluded by law.

Content

Without limiting any of the provisions of these Terms and Conditions, the Promoter requires that each Entry fully complies with these Terms and Conditions and must not include or make reference to the Intellectual Property Rights of any person including but not limited to any visible logos, drawings, cartoons, phrases, trademarks, copyrighted material, mark that identifies a brand or other third party materials (including but not limited to copyrighted material, trade mark, logo or mark that identifies a brand), unless the Entry is submitted with the written consent of the owner of the applicable Intellectual Property Rights. An Entry submitted without obtaining such written consent may result in the Entry becoming invalid for the purposes of this promotion and/or the Entrant being subject to legal liability. The decision by the Promoter to accept or reject an Entry is in the Promoter’s sole discretion and no correspondence will be entered into. Once an Entry is submitted, Entrants acknowledge that the Entry may not be withdrawn, altered or deleted (except as and where required by the Promoter). Any Entry that contains content that the Promoter, in its sole discretion, considers to be offensive, obscene, crude or inappropriate in any way or that the Promoter considers may infringe any Intellectual Property Rights or other rights of any person, corporation or entity will not be accepted as an eligible Entry into the promotion. This includes but is not limited to any Entry which the Promoter considers to be disparaging of any of its or any Prize supplier’s products and/or services or is otherwise not in keeping with the spirit of the promotion.

When an Entrant submits/uploads any Content, the Entrant, unless the Promoter advises otherwise, licenses and grants the Promoter, 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 Content for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.

Entrants agree that they are fully responsible for the Content they submit. The Promoter may remove any Content it may display in any media without notice for any reason whatsoever. Any Entries that are removed by the Promoter will not be considered eligible Entries for the purposes of this promotion. The Promoter is not responsible and excludes all liability (to the greatest extent allowable by law) for the content of any Entries submitted for the purposes of this promotion (including but not limited to any illegal, incorrect or inaccurate content and third party advertising).

Entrants warrant and agree that: (a) their Content is an original work of the Entrant and does not infringe the rights of any third party; (b) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication; (c) they will obtain prior consent from any person that appears in their Content and/or from the owner(s) of any property that appears in their Content; (d) 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; (e) their Content shall not contain viruses or cause injury or harm to any person or entity; and (f) they will comply with these Terms and Conditions and 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.

Each Entrant agrees to indemnify the Promoter against all costs and claims by third parties arising from a breach of any warranty provided by the Entrant in these Terms and Conditions.

Each Entrant consents to the Promoter using their Entry, 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 an unlimited 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. Each Entrant agrees that, in the event they are a winner, the Entrant will participate in all reasonable promoted activities in relation to the promotion as requested by the Promoter and its agents.

All right, title and interest in all Intellectual Property Rights in all of the Promoter’s brands, logos, trading names, products and/or services and the Promotional Page will remain or be vested in the Promoter. Participation in this promotion by an Entrant will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any of the Promoter’s brands, logos, trading names and products and/or services.

General

Entrants can only enter in their own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the promotion and all Entries of an Entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. 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. The Promoter reserves the right to request the Entrant produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the Entrant’s identity, age, residential address, eligibility to enter and claim a Prize, and any information submitted by an Entrant in entering the promotion, before issuing a Prize. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an Entrant or Entry has not been verified or validated to the Promoter’s satisfaction then all the Entries of that Entrant will be ineligible and deemed invalid.

The Promoter reserves the right to verify the validity of any and all Entries and reserves the right to disqualify any Entrant for: (a) tampering with the entry process; (b) submitting an Entry which is not in accordance with these Terms and Conditions; or (c) if the Entrant is engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved. Prizes will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion.

It is a condition of accepting a Prize that a winner may be required to sign a legal release or releases in a form determined by the Promoter in its absolute discretion.

If the Prize becomes unavailable, for any reason beyond the Promoter’s reasonable control, then a comparable prize of equal or greater value will be awarded in lieu.

If this promotion is not capable of running as planned for any reason, including but not limited to war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the promotion and/or, if necessary, to provide an alternative prize/s to the same value as the original Prize/s.

The Promoter, its franchisees and associated agencies and companies excludes all liability (including negligence) except for any liability that cannot be excluded by law (including any applicable Consumer Guarantee under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth)), for any direct or indirect injury, Loss and/or damage arising in any way out of the promotion. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged registrations, prize claims or prizes; and/or (iv) acceptance and/or use of a Prize.

Privacy

The Promoter collects Personal Information about an Entrant to include the Entrant in a promotion and, where appropriate, award prizes. If the Personal Information requested is not provided, the Entrant cannot participate in the promotion and is deemed ineligible. Winners will be required to confirm their Personal Information and submit any other details requested by the Promoter (which may include their ordinary postal address in Australia, if applicable) in the manner and time required, otherwise their Prize may be forfeited. Incorrect, incomplete, erroneous or ineligible details confirmed by an Entrant at time of winner notification will deem the Entrant ineligible.

An Entrant can gain access to, update or correct any Personal Information held by the Promoter by contacting the Promoter’s Privacy Officer via email: bosshog@hogsbreath.com.au or by mail at PO Box 8068, Cleveland, Queensland 4163. All Personal Information will be stored by the Promoter in accordance with the Promoter’s Privacy Policy. A copy of the Promoter’s Privacy Policy in relation to the treatment of Personal Information collected may be obtained by contacting the Promoter and is made available at https://www.hogsbreath.com.au/privacy-policy/ . These Conditions of Participation will prevail to the extent of any inconsistency between these Conditions of Participation and the Promoter’s Privacy Policy.

In these Terms and Conditions: “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth). “Intellectual Property Rights” means all present and future rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trademarks, service marks, trade names, domain names, designs, confidential information, trade secrets and know-how and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in Australia or otherwise. “Laws” means all laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles and requirements, statutory rules of an industry body, statutory mandatory codes of conduct, writs, orders, injunctions, judgments, and generally accepted accounting principles in Australia. “Losses” means loss, damage, liability, charge, expense or cost (including all reasonable legal and other professional costs on a full indemnity basis) of any nature or kind. “Personal Information” means, for the purpose of the Privacy Act 1988 (Cth) as amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012, information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not.

Promoter: Hog’s Breath Cafe (Australia), 1/152 Shore Street, Cleveland QLD. ACN 071 132 655.  Phone: 07 3488 6900.



Terms of Use

Hog’s Breath’s materials, including pages, documents, online graphics and web pages, audio and video, are protected by copyright law. Copyright of Hog’s Breath materials resides with Hog’s Breath. Apart from any fair dealing for the purposes of private study, research, criticism or review, as permitted under copyright legislation, no part may be reproduced or re-used for any commercial purposes whatsoever without written permission.

Enquiries may be directed by email or by writing to the:

Manager Marketing

Hog’s Breath Cafe (Australia) Pty Ltd
PO BOX 8068
Cleveland Q 4163

 

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