Terms and conditions


  1. Introduction: 20 Tables, 20 Days Competitions (each, a “Competition”) are organised by Analytical Systems Pty Ltd ABN 82 006 137 908, trading as OpenTable Australia (“OpenTable”) Corporate One – Bell City, Level, 5, 84 Hotham Street, Preston, VIC, 3072, Australia 3072 +61 39480 1777.
    These rules are the terms and conditions of the Competitions (“Rules”). Information regarding prizes and how to enter forms a part of these Rules. By entering the Competitions, you agree to be bound by these Rules. If you do not agree with any of the Rules then you should not enter the Competitions. Failure to comply with these Rules may result in disqualification from the Competitions at OpenTable’s sole discretion.
  2. Eligibility: You are eligible to enter each Competition if you are a resident of New South Wales or Victoria, Australia and if you are at least 18 years of age. Employees of OpenTable or its affiliates and anyone else professionally connected with the Competitions, 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. Winners must be able to take the prize by 7 July 2016.
  3. Entry Period: The Competitions begin on 00:01 (AEST) on Monday 20 June 2016 and will end on 23:59 (AEST) on Friday 1 July 2016 (“Entry Period”).
  4. How to Enter: To enter the Competitions, during the Entry Period, entrants must visit the OpenTable Australia Facebook page (https://www.facebook.com/OpenTableAustralia) and comment on one of the official OpenTable 20 Tables, 20 Days campaign posts (the “Official Post”) with the hashtag #20tables20days. Each restaurant featured within the Official Post pertains to a separate Prize, and the entrant will need to comment on each Prize that they are entering for. By commenting as described above, entrants are entering into the Competition for the Prize related to such participating restaurant. Entries are deemed to be received at the time they posted on to the Facebook post. Use of robotic, automatic, programmed or similar entry methods will void all such entries by such methods. Only one entry, per Prize, per entrant. Entrants must have a Facebook account in order to enter via Facebook. Facebook is free to join.
  5. Winner Selection: Following the close of the Entry Period on Monday 4 July 2016, one (1) winners (each, a “Winner”) for each of the 20 Prizes will be determined by a random drawing from among all eligible entries received for that Prize Competition. OpenTable’s decision is final and binding in all matters relating to the Competitions. Odds of winning depend on the actual number of eligible entries received. To claim the Prize(s), a Winner must complete and sign an “Confirmation of Eligibility and Publicity Consent”. OpenTable’s computer shall be the official timekeeper for all matters related to the Competitions.
  6. Prize: For each Competition, OpenTable will be giving away one prize consisting of a pre-paid dinner with a chef’s choice preset menu at a participating restaurant (each a “Prize”). Approximate retail value (ARV) of each Prize varies from $80-$880, and total ARV of all prizes is $5,511 ($1,731 in NSW, $3,780 in VIC). Each Prize is scheduled for the date listed on the Facebook post, entrants must be able to attend and take the prize on that date if they are selected as a Winner.
    In the event the Prize becomes unavailable, a cash equivalent or alternative prize of equal or higher value as determined by the Promoter (subject to the approval of the relevant Australian gaming authorities if required) may be given by OpenTable in its sole discretion. Prize(s) are 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).
  7. Price Acceptance: If any Prize has not been accepted or claimed by 7 July 2016 or if, after making all reasonable attempts, the Promoter cannot contact the drawn winner (or the drawn winner does not contact the Promoter) by the Prize Claim Date and Time, the relevant winner’s entry will be deemed invalid and OpenTable will conduct such further draws as are necessary to distribute the relevant prize, subject to any requirements of the relevant Australian gaming authorities.
  8. Winner Notification: The winner(s) will be notified in accordance with this Winner Notification section of these rules. Potential winners will be notified by the direct message to their social media account. By entering this competition, each entrant requests that his or her full address not be published, but agrees OpenTable may publish their name and state/territory of residence.
  9. Winners List: To receive a list of Winners for the Competitions, email hello@OpenTable.com. Requests for results must be received by 8 October 2016.
  10. Conditions: By entering one of the Competitions, 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 to verify the identity of an entrant at any time, and may carry out checks of any details provided. Identification considered suitable for verification is at OpenTable’s discretion.
  11. Ownership of entries and intellectual property rights: All entries become the property of OpenTable and will not be acknowledged or returned. By entering one of the Competitions, 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 one of the Competitions, 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 entrants 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.
  12. 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 Competitions, the decision of OpenTable shall be final and no correspondence will be entered into.
  13. 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 one of the Competitions or of accepting any prize except where it 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 Competitions 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 Competitions 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.
  14. Use of Data: OpenTable will be collecting personal data about entrants in accordance with its privacy policy. Please review OpenTable’s privacy policy here. By participating in one of the Competitions, entrants hereby agree to OpenTable’s collection and usage of their personal information in order to administer the Competition, for marketing purposes and as described in these Rules and acknowledge that they have read and accepted OpenTable’s privacy policy. We may also collect information about you for these purposes from third party vendors. We may disclose your information to our related entities and third parties (e.g. restaurants, our affiliates, partners and service providers) including those located overseas (such as in USA and EU). For information about how you can seek to access or correct personal information we hold about you, how to complain about a privacy breach and how we will deal with a privacy complaint, please see our privacy policy. You can contact us at privacy@opentable.com.
  15. Organiser: The sponsor of the Competitions is OpenTable International Limited.
  16. Non-Affiliation: The Competitions are in no way organised, sponsored, endorsed, or associated with Facebook. Each entrant completely releases Facebook from any and all liability associated with this Competition.
  17. Governing Law: The Competitions 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.
  18. Prohibition and Disqualification: OpenTable reserves the right to permanently disqualify from any Competition or any other promotion any person they believe has intentionally violated these Rules. Any attempt to deliberately damage the Competitions 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 Competitions, 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).
  19. Modification or Cancellation of these Rules: OpenTable reserves the right to cancel, modify, or suspend the Competitions 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 9 above) any interference with the Competitions 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.
  20. Tax: OpenTable is not liable for any tax implications arising from prize winnings. Independent financial advice should be sought. Where these Competitions 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.
  21. Modification of terms and conditions: OpenTable reserves the right to modify these Rules for clarification purposes without materially affecting the terms and conditions of the Competitions and subject to the approval of the relevant Australian gaming authorities if required.

Permit Number LTPS/16/04707

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