1. Information on how to enter and the prizes, form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. The Promoter is Hungry Jack’s Pty Limited (ACN 008 747 073) 6/100 William Street Woolloomooloo NSW 2011
3. Entry is only open to Australian residents aged 14 years or over. Employees (and their immediate families) of the Promoter or any companies in the Promoter’s group of companies and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto 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 1st cousin.
4. Promotion commences at 3/12/2019 and closes at 30/01/2020 (Promotional Period).
5. 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 to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
6. Incomplete, indecipherable or illegible entries will be deemed invalid.
7. Multiple entries are not permitted.
8. Winners will be announced on the Hungry Jack’s Facebook/Instagram/TikTok.
How to Enter
9. To enter, entrants must, within the Promotional Period, post a video of them dancing to the Tropical Whopper song to a public Instagram, Facebook or TikTok account, using hashtag #TropicLikeItsHot and tagging @hungryjacksau (Instagram/TikTok) or @hungryjacks (Facebook only) (the Entry).
10. By entering, the entrant warrants that the Entry:
a. is original and not copied, and was created by the entrant;
b. does not breach the intellectual property rights of any person;
c. does not include (or link to) any content that contravenes any law, infringes the rights of any person or is obscene, offensive, discriminatory, indecent or otherwise objectionable or inappropriate. Without limitation, entrants must not include (or include a link to) any content that involves malice, swearing or which may be defamatory or in contempt of court;
d. does not include (or link to) any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists (Copyright Content), unless the entrant is entitled to do so. If an entrant has any doubts about whether they have the right to include (or link to) any Copyright Content in their Entry, they must not include it. By including any Copyright Content in their Entry, the entrant warrants that they are entitled to do so; and
e. contains no viruses or other computer code or material embedded in it which may have a negative impact on the Promoter’s website, this competition or any network or third party computer systems.
11. All Entries become the property of the Promoter. Each entrant irrevocably and perpetually assigns all copyright and any other intellectual property rights in their Entry, including, without limitation, moral rights, to the Promoter. The winners acknowledge that the Promoter intends to (but is under no obligation to) feature some of the winning Entries in future Hungry Jack’s campaigns. For this purpose the winner agrees to forward the original copy of the Entry to the Promoter (due to resolution requirements). The winners will not receive any form of remuneration or right of attribution in relation to their winning entry.
12. This promotion is a game of skill; chance plays no part in determining the winners. The winners will be selected based on creativity, originality and whether or not the video complies with Terms and Conditions.
13. Winning entries may be re-posted to @hungryjacksau according to the entry mechanism throughout the Promotional Period.
14. Judging will take place at the Promoter’s address, of 6/100 William Street Woolloomooloo NSW 2011
15. Up to 1,000 winners will be selected and will be announced before promotional period ends.
16. The Promoter’s decision is final and no correspondence will be entered into.
17. The winner will also receive a private message via Instagram, TikTok or Facebook with instructions on how to confirm acceptance of their prize. If a winner does not accept their prize within 14 days of receipt of the private message, the winner forfeits the prize and the Promoter may, at its discretion, award the prize to the next most original and creative Entry. The new winner must confirm acceptance of the prize within 7 days of receiving notification via private message.
18. The entrants with the most original and creative Entry submitted during the Promotional Period, according to the judges, will each win The Grand Prize:
a) One Free Tropical Whopper – redeemable via digital voucher on the Hungry Jack’s App only.
19. The Promoter reserves the right to refuse to allow a winner and/or his/her companions to take part in any or all aspects of the Grand Prize if it determines in its absolute discretion that a winner and/or his/her companions are not in the mental or physical condition necessary to be able to safely participate in the Grand Prize, or if they pose a risk to the safety and wellbeing of any other attendees.
20. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
21. The winner must have a registered account on the Hungry Jack’s App and provide the email address used to register in order to claim the voucher.
22. The winners must allow up to 14 days for the digital voucher to be redeemable in the Hungry Jack’s App from point of notification.
23. Offer valid one time only and at participating Hungry Jack’s restaurants. Not to be used in conjunction with any other offer. Valid for 4 weeks from date of issue.
24. Winners will be chosen by the Company each week, selected from all complete entries via social media.
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, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
26. The Promoter may (but is not obliged to) at any time reject or disqualify or invalidate any Entry that it considers (in its sole judgment) infringes these terms and conditions. The Promoter will have no liability to entrants in that regard. If this occurs in respect of a winning Entry, the Promoter reserves the right to award the prize to the next best most original and creative Entry.
27. Any cost associated with accessing Instagram, Facebook or TikTok is the entrant’s responsibility and is dependent on the Internet service provider used.
28. 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 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.
29. 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.
30. Except for any liability which cannot be excluded by law the Promoter: Is not responsible for any problems or technical malfunction of any 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 participants or any other person’s property related to or resulting from participation in this Promotion; accepts no responsibility for 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 Promotion, or by any technical error that may occur in the course of this Promotion; and accepts no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access.
31. To the fullest extent permitted by law (including the Competition and Consumer Act 2010 (Cth)) and without limiting any other conditions of entry, the Promoter may, in its discretion, terminate, modify or suspend this promotion. All entrants participating in this promotion at the point of termination, modification or suspension of the promotion will be notified by a post on the Promoter’s Social Media channels. In the event of modification or suspension of the promotion, the entrant may choose to terminate their participation in the promotion at no cost.
32. Except for any liability that cannot be excluded by law, the Promoter (including their 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, including, but not limited to, where arising out of the following: (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, winner’s companions or entrant; or (f) attendance at the Grand Prize.
33. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought.
34. As a condition of accepting the Grand Prize, the winners and his/her companions must sign any legal documentation as and in the form required by the Promoter in their absolute discretion, including but not limited to a legal release and indemnity form.
37. The Promotion is in no way sponsored, endorsed, administered by, or associated with TikTok, Instagram or Facebook. Any questions, comments or complaints regarding the Promotion should be directed to Hungry Jack’s.
38. When entering the Promotion, you are providing your information to the Promoter and not to Instagram, TikTok or Facebook.
39. The laws of NSW apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of NSW.