FORTRESS FEEDBACK FORM MONTHLY DRAW - TERMS & CONDITIONS
STANDARD TERMS
1.1 Information on how to enter forms part of the terms of entry.
1.2 Entering this draw places you on the Fortress mailing list which can be opted out of at any time.
WHO CAN ENTER
2.1 Entry is open to all Australian residents aged 13 years or older, and who have visited Fortress Melbourne at 23 Caledonian Lane, Melbourne, VIC, 3000 and submitted a feedback form after their visit.
HOW TO ENTER
3.1 The Competition commences on Monday 1st August 2022 at 12:01AM (AEDT) and concludes on Tuesday 31st January 2023 (“the Competition Period”) at 11:59PM (AEDT).
3.2 The Competition can be entered by a participant at the end of their visit to Fortress Melbourne, by completing Fortress Melbourne’s ‘Fortress Feedback Form’, submitting their contact information (email address), and opting in to the monthly draw. The entry must fulfill all requirements of the Competition, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications of the Competition may be disqualified at the sole discretion of the Sponsor. You must provide the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules of the Competition, your submission may be disqualified at the sole discretion of the Sponsor.
PRIZES
4.1 There are six (6) Major Prizes to be won, each comprising of:
$100 AUD Fortress Melbourne voucher
The total prize pool amounts to: $600.00 AUD
4.2 Actual/appraised value of prizes may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution shall be permitted except for at the Sponsor’s discretion. The prize is non transferable. Substitution of the prize or transfer/assignment of the prize to others or request for the cash equivalent of the prize by the Winner is not permitted. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the Winner. Acceptance of the prize constitutes permission for the Sponsor to use the Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
4.3 Odds of Winning: The odds of winning depend on the number of eligible entries received.
4.3 In the event that any prize item is unavailable; the Promoter reserves the right to substitute a prize item of equal or greater value.
SELECTION OF PRIZE WINNERS
5.1 Each entrant who has entered the Competition over the Competition Period and registered all details in accordance with clause 3 will be entered into the prize draws.
5.2 Six (6) Draws will be conducted from the Draw pool during the Promotion Period, as follows:
On the first Friday of the month, between 9:00am and 5:00pm AEDT on:
Friday 5th August 2022 at the Promoter’s premises
Friday 2nd September 2022 at the Promoter’s premises
Friday 7th October 2022 at the Promoter’s premises
Friday 4th November 2022 at the Promoter’s premises
Friday 2nd December 2022 at the Promoter’s premises
Friday 6th January 2023 at the Promoter’s premises
The first valid entrant drawn from the relevant Draw will be contacted in accordance with the Entry Method outlined above. For the avoidance of doubt, entrants who are not deemed a Major Prize winner in a relevant Draw will remain in the Draw pool for subsequent Draws (if any).
The Winners will be notified within 7 days of the winner selection. The Sponsor shall have no liability for a Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for a Winner’s provision of incorrect or otherwise non-functioning contact information. Receipt of the prize offered in this Campaign by the Winner is conditioned upon compliance with any and all federal, state, and local laws and regulations. Any violation of these official rules by the Winner at the Sponsor’s sole discretion will result in the Winner’s disqualification as winner, and all privileges as winner will be immediately terminated.
5.3 The Promoter’s decision is final and the Promoter will not enter into correspondence regarding the result.
5.4 In order to receive prizes, Winners must be subscribed to Fortress Melbourne communications. As all prize redemptions and Winner communications are conducted via email, unsubscribing from this list will block any attempt by Fortress Melbourne to contact the Winner and may result in a redraw.
UNCLAIMED PRIZE DRAW & REDRAWS
If a Winner cannot be contacted, is ineligible, fails to claim the prize within 7 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected by a redraw. The redraw will happen on the last Friday of every month during business hours (9:00-17:00 AEDT), from the pre-existing pool or participants in Fortress Esports Pty Ltd, Level 9, 152 Elizabeth Street, Melbourne, VIC 3000. Redraw winners will be notified via email, and winnings will be published on Sponsor’s Discord server and on the Competition page.
RIGHTS GRANTED BY THE ENTRANT
By entering this content (e.g., photo, video, text, etc.), You understand and agree that the Sponsor and anyone acting on behalf of the Sponsor or its respective licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent. By entering this content, you represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, you will be disqualified at the sole discretion of the Sponsor. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, you shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Fortress Melbourne from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Fortress Melbourne may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
TERMS AND CONDITIONS
8.1 The Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Competition should virus, bug, non-authorised human intervention, fraud, or other cause beyond the Sponsor’s control corrupt or affect the administration, security, fairness, or proper conduct of the Competition. In such cases, the Sponsor may select a winner(s) from eligible entries received before and/or after the action taken by the Sponsor if appropriate. The Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Competition or website or violates these Terms & Conditions. The Sponsor has the right, in its sole discretion, to maintain the integrity of the Competition, to void entries for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Competition rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Competition may be a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek damages to the fullest extent permitted by law.
8.2 The Sponsor reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. The Sponsor reserves the right to cancel or amend the competition and these terms and conditions without notice in the event that the Master of the Map event is cancelled due to circumstances outside the promoter’s control. Any changes to the competition will be notified to entrants as soon as reasonably possible by the Promoter.
LIMITATION OF LIABILITY
9.1 By entering the Competition you agree to release and hold harmless Fortress Melbourne and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant’s participation in the Competition and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) unauthorised human intervention in any part of the Competition; (iii) electronic or human error in the administration of the Competition or the processing of entries; (iv) technical errors of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (v) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (vi) printing errors; (vii) lost, late, postage due, misdirected, or undeliverable mail.
9.2 The Competition is in no way sponsored, endorsed, administered by, or associated with Facebook, Twitter, Instagram, Snapchat, YouTube, Reddit, Pinterest, LinkedIn or any other social networks that are used to share the Competition. You understand that you are providing your information to the owner of the Competition and not to Facebook, Twitter, Instagram, Snapchat, YouTube, Reddit, Pinterest, LinkedIn or any other social networks.
USE AND DISCLOSURE OF YOUR INFORMATION
The Promoter may incorporate information from entrants in any contest in any database to be used for the purpose of its business. Upon entry into a competition, a contestant gives permission for use of personal data and this information will be retained in accordance with the Privacy Act which is available at https://www.fortress.games/privacy-policy/
DISPUTES
This Competition is governed by the laws of Australia, without respect to conflict of law doctrines. By participating in this Campaign, you agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Australia having jurisdiction. Further, in any such dispute, under no circumstances shall You be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than actual out-of-pocket expenses (i.e. costs associated with entering the Competition). You further waives all rights to have damages multiplied or increased.
WINNERS LIST
To request a copy of the winners list please contact the Sponsor. Requests must be sent within four (4) weeks of the end of the Entry Period.
ACCEPTANCE OF RULES
By participating in the Competition, You have affirmatively reviewed, accepted, and agreed to all of the Official Rules, Terms and Conditions.
STANDARD TERMS
1.1 Information on how to enter forms part of the terms of entry.
1.2 Entering this draw places you on the Fortress mailing list which can be opted out of at any time.
WHO CAN ENTER
2.1 Entry is open to all Australian residents aged 13 years or older, and who have visited Fortress Melbourne at 23 Caledonian Lane, Melbourne, VIC, 3000 and submitted a feedback form after their visit.
HOW TO ENTER
3.1 The Competition commences on Monday 1st August 2022 at 12:01AM (AEDT) and concludes on Tuesday 31st January 2023 (“the Competition Period”) at 11:59PM (AEDT).
3.2 The Competition can be entered by a participant at the end of their visit to Fortress Melbourne, by completing Fortress Melbourne’s ‘Fortress Feedback Form’, submitting their contact information (email address), and opting in to the monthly draw. The entry must fulfill all requirements of the Competition, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications of the Competition may be disqualified at the sole discretion of the Sponsor. You must provide the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules of the Competition, your submission may be disqualified at the sole discretion of the Sponsor.
PRIZES
4.1 There are six (6) Major Prizes to be won, each comprising of:
$100 AUD Fortress Melbourne voucher
The total prize pool amounts to: $600.00 AUD
4.2 Actual/appraised value of prizes may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution shall be permitted except for at the Sponsor’s discretion. The prize is non transferable. Substitution of the prize or transfer/assignment of the prize to others or request for the cash equivalent of the prize by the Winner is not permitted. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the Winner. Acceptance of the prize constitutes permission for the Sponsor to use the Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
4.3 Odds of Winning: The odds of winning depend on the number of eligible entries received.
4.3 In the event that any prize item is unavailable; the Promoter reserves the right to substitute a prize item of equal or greater value.
SELECTION OF PRIZE WINNERS
5.1 Each entrant who has entered the Competition over the Competition Period and registered all details in accordance with clause 3 will be entered into the prize draws.
5.2 Six (6) Draws will be conducted from the Draw pool during the Promotion Period, as follows:
On the first Friday of the month, between 9:00am and 5:00pm AEDT on:
Friday 5th August 2022 at the Promoter’s premises
Friday 2nd September 2022 at the Promoter’s premises
Friday 7th October 2022 at the Promoter’s premises
Friday 4th November 2022 at the Promoter’s premises
Friday 2nd December 2022 at the Promoter’s premises
Friday 6th January 2023 at the Promoter’s premises
The first valid entrant drawn from the relevant Draw will be contacted in accordance with the Entry Method outlined above. For the avoidance of doubt, entrants who are not deemed a Major Prize winner in a relevant Draw will remain in the Draw pool for subsequent Draws (if any).
The Winners will be notified within 7 days of the winner selection. The Sponsor shall have no liability for a Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for a Winner’s provision of incorrect or otherwise non-functioning contact information. Receipt of the prize offered in this Campaign by the Winner is conditioned upon compliance with any and all federal, state, and local laws and regulations. Any violation of these official rules by the Winner at the Sponsor’s sole discretion will result in the Winner’s disqualification as winner, and all privileges as winner will be immediately terminated.
5.3 The Promoter’s decision is final and the Promoter will not enter into correspondence regarding the result.
5.4 In order to receive prizes, Winners must be subscribed to Fortress Melbourne communications. As all prize redemptions and Winner communications are conducted via email, unsubscribing from this list will block any attempt by Fortress Melbourne to contact the Winner and may result in a redraw.
UNCLAIMED PRIZE DRAW & REDRAWS
If a Winner cannot be contacted, is ineligible, fails to claim the prize within 7 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected by a redraw. The redraw will happen on the last Friday of every month during business hours (9:00-17:00 AEDT), from the pre-existing pool or participants in Fortress Esports Pty Ltd, Level 9, 152 Elizabeth Street, Melbourne, VIC 3000. Redraw winners will be notified via email, and winnings will be published on Sponsor’s Discord server and on the Competition page.
RIGHTS GRANTED BY THE ENTRANT
By entering this content (e.g., photo, video, text, etc.), You understand and agree that the Sponsor and anyone acting on behalf of the Sponsor or its respective licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent. By entering this content, you represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, you will be disqualified at the sole discretion of the Sponsor. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, you shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Fortress Melbourne from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Fortress Melbourne may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
TERMS AND CONDITIONS
8.1 The Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Competition should virus, bug, non-authorised human intervention, fraud, or other cause beyond the Sponsor’s control corrupt or affect the administration, security, fairness, or proper conduct of the Competition. In such cases, the Sponsor may select a winner(s) from eligible entries received before and/or after the action taken by the Sponsor if appropriate. The Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Competition or website or violates these Terms & Conditions. The Sponsor has the right, in its sole discretion, to maintain the integrity of the Competition, to void entries for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Competition rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Competition may be a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek damages to the fullest extent permitted by law.
8.2 The Sponsor reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. The Sponsor reserves the right to cancel or amend the competition and these terms and conditions without notice in the event that the Master of the Map event is cancelled due to circumstances outside the promoter’s control. Any changes to the competition will be notified to entrants as soon as reasonably possible by the Promoter.
LIMITATION OF LIABILITY
9.1 By entering the Competition you agree to release and hold harmless Fortress Melbourne and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant’s participation in the Competition and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) unauthorised human intervention in any part of the Competition; (iii) electronic or human error in the administration of the Competition or the processing of entries; (iv) technical errors of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (v) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (vi) printing errors; (vii) lost, late, postage due, misdirected, or undeliverable mail.
9.2 The Competition is in no way sponsored, endorsed, administered by, or associated with Facebook, Twitter, Instagram, Snapchat, YouTube, Reddit, Pinterest, LinkedIn or any other social networks that are used to share the Competition. You understand that you are providing your information to the owner of the Competition and not to Facebook, Twitter, Instagram, Snapchat, YouTube, Reddit, Pinterest, LinkedIn or any other social networks.
USE AND DISCLOSURE OF YOUR INFORMATION
The Promoter may incorporate information from entrants in any contest in any database to be used for the purpose of its business. Upon entry into a competition, a contestant gives permission for use of personal data and this information will be retained in accordance with the Privacy Act which is available at https://www.fortress.games/privacy-policy/
DISPUTES
This Competition is governed by the laws of Australia, without respect to conflict of law doctrines. By participating in this Campaign, you agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Australia having jurisdiction. Further, in any such dispute, under no circumstances shall You be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than actual out-of-pocket expenses (i.e. costs associated with entering the Competition). You further waives all rights to have damages multiplied or increased.
WINNERS LIST
To request a copy of the winners list please contact the Sponsor. Requests must be sent within four (4) weeks of the end of the Entry Period.
ACCEPTANCE OF RULES
By participating in the Competition, You have affirmatively reviewed, accepted, and agreed to all of the Official Rules, Terms and Conditions.
FORTRESS FEEDBACK FORM MONTHLY DRAW
Promoter: Fortress Australia (ABN 14 627 286 104) of Level 4, 152 Elizabeth Street, Melbourne VIC 3000 (Fortress)
Website: https://www.fortress.games/
Competition Period: The Competition commences at 9.00am AEST on the first day of each month and ends at 8.00pm AEST on the last day of each month, until the Promoter determines, in its absolute discretion, that the monthly competitions will end by removing the Feedback from the Fortress website after 9:00pm AEST on the last day of a month
Draw Date & Time: Winners will be judged on the first Friday of the next month, every month until the end of the Competition Period
Entry Restrictions: Entrants must be Australian residents aged 13 years of age or older and who have visited Fortress Melbourne at 23 Caledonian Lane, Melbourne, VIC, 3000 OR Fortress Sydney at Level 2, 28 Broadway, Chippendale, NSW, 2008 and submitted a feedback form after their visit. If those entry conditions aren’t met, the entry will be deemed invalid.
Relevant States: All Australian States and Territories
Entry Method: To enter the Competition, during the Competition Period, entrants must:
access the entry form through the Competition link on either:
the feedback email automatically sent upon completion of an eligible online order. OR via a QR code presented on coasters made available at the bar; OR via other approved advertising means communicated by Fortress from time to time; (together the Feedback Platform); and successfully complete and submit feedback via the Feedback Platform; and include their full name and valid email address in the entry form.
Draw Criteria: Each valid entry will be individually judged by representatives of the Promoter based on the creativity, relevance, experience, originality, literary merit and suitability of the entry
Maximum Entries Per Person: Entry is limited to one entry per person per month
Prize: There is 1 prize of a Fortress gift card to the value of AU$100.00 (inclusive of GST) to be won each month, which can be redeemed for dine-in at Fortress. Gift cards are not available to redeem through third-party aggregators.
Total Prize Pool Value: AU$100.00 (inclusive of GST) each month of the Competition Period
Notification of Winners: Winners will be notified via email before the 10th of each month
Prize Claim Date & Time: The Prize must be claimed within 3 months of the voucher issue date. If a winner fails to claim the Prize by the deadline, they will no longer be eligible to receive the Prize. To claim the Prize, a winner must follow the instructions provided in the email sent by the Promoter
Prize Terms and Conditions:
1) The Promoter needs to collect the personal information of entrants, which must be submitted with an entrant’s entry, so that the Promoter can enter the entrants into the Competition. The Promoter may use personal information about entrants for related purposes, including sending entrants information (including electronically) about the Promoter (Fortress’), the Promoters offers and loyalty programs and further competitions. Fortress’ Privacy Statement can be found at https://www.fortress.games/privacy-policy/ . Personal information of entrants will be collected to enable the Promoter to administer and promote this Competition and its winners.
2) The Prize is not transferable, deferrable, exchangeable or redeemable for any other product and cannot be taken as cash.
3) The Prize is subject to the gift card terms and conditions which can be found at https://www.fortress.games/gifts/.
4) The Promoter reserves the right, at any time before awarding the Prize, to vary, postpone or cancel the Prize, including, without limitation, where in the Promoter’s opinion (as determined by the Promoter in its sole discretion):
a) a winner has not complied with the Terms and Conditions;
b) a winner does not satisfy the Competition entry requirements; and/or
c) the Promoter cannot conduct this Competition or offer the Prize for any other reason outside the Promoter’s reasonable control
5) It is a condition of accepting the Prize that a winner complies with all the conditions of use of the Prize.
6) Any costs associated with redeeming the Prize are at the sole expense of the winners.
7) Winners will receive the Prize electronically to their nominated email address.
8) The Promoter takes no responsibility for lost Prizes, any delivery failure occurring after distributing the Prize to a winner’s email address, or any delivery failure occurring due to incorrect email address details provided by a winner.
TERMS AND CONDITIONS
These Terms and Conditions and all other information provided by the Promoter to the entrant prior to entering the Competition, including the Schedule and any instructions on how to enter the Competition, form part of these Terms and Conditions. Participation in this Competition is deemed acceptance of these Terms and Conditions. Any entry not complying with these Terms and Conditions is invalid. The Schedule defines certain terminology used within these Terms and Conditions and to the extent of inconsistency between the Schedule and these Terms and Conditions, the Schedule will prevail.
Entry is only open to residents of the Relevant States who comply with the Entry Restrictions and have a valid email address and phone number. Employees (and their immediate family members) of the Promoter, participating retailers and agencies associated with this Competition are ineligible to enter. Immediate family members include 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 first cousin.
The Competition will be conducted during the Competition Period. To enter the Competition entrants must follow the Entry Method and comply with all other applicable requirements during the Competition Period. Entries must be received by the Promoter during the Competition Period. Entrants may submit up to the Maximum Entries Per Person. Multiple entries (where permitted) must be submitted separately. Automated and computer generated entries will not be accepted.
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 will 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. Incomplete or indecipherable entries will be deemed invalid.
Entries are deemed to be received at the time of receipt into the Promoter’s database. The Promoter is not responsible for receipt of incorrect, inaccurate or incomplete information caused by an entrant or occurring during transmission. The Promoter is not responsible for any problems or technical malfunction of any telephone or computer device, telephone or computer networks, or any telecommunications lines, servers, suppliers or providers, traffic congestion on any phone or computer network, or any combination thereof. The Promoter is not responsible for any injury or damage to an entrant’s telephone device, handset or computer related device, resulting directly or indirectly from participation in this Competition and/or sending or receiving any communication or materials related to or in this Competition. The Promoter has no obligation to acknowledge or return the entry to the entrant.
The entrant acknowledges and agrees that the entry is not obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, and does not encourage any conduct that would be considered a criminal offence, would give rise to any civil liability, or violate any applicable law.
The entrant confirms and warrants that they have full power and authority to enter into the Competition and accept these Terms and Conditions, and hereby agrees to indemnify the Promoter from and against any and all costs and damages incurred directly or indirectly as a result of any breach of the representations and warranties made by the entrant herein or in the entry for the Competition.
All entries into this Competition are the property of the entrant. Each entrant, by entering this competition, grants the Promoter an irrevocable, perpetual, sub-licensable, worldwide gratis licence to reproduce, edit, publish, communicate and otherwise use their entry to the Competition in any manner whatsoever, including, without limitation, in further promotion of the Competition and any other commercial purposes, which may extend to, or involve use by or with, one or more third parties. If requested by the Promoter, the entrant shall complete and sign a formal licence of copyright to give effect to the foregoing.
The Promoter reserves the right to reject any entry submitted to the Competition.
To the extent necessary, the entrant hereby waives all moral rights (as defined by the Copyright Act 1968 (Cth)), including the right of attribution.
The entrant warrants the entry does not incorporate any materials which are subject to any third party proprietary rights and does not otherwise infringe on any third party’s rights. The entrant further warrants that they have the required consents and approvals from individuals appearing in the entry.
At the conclusion of the Competition Period, on the Draw Date and Time, the entries will be drawn by suitability qualified representatives of the Promoter based on the Draw Criteria.
The winner shall be determined at the central support office of the Promoter, Fortress Australia, at Level 4, 152 Elizabeth Street, Melbourne VIC 3000, and shall be notified in accordance with the Notification of Winner section of the Schedule.
The Promoters decision is final and binding upon all entrants and no correspondence will be entered into. Entrants who are not winners will not receive any notification at all. The Promoter will contact the winner in accordance with the Notification of Winner section of the Schedule to arrange for delivery and/or collection of the Prize.
The Prize must be taken as stated and no compensation will be payable if a winner is unable to use the Prize as stated. The Prize is not transferable to another person (unless agreed to by the Promoter) or exchangeable for other goods and services and cannot be redeemed for cash.
The Promoter reserves the right to request that winners provide proof of identity, proof of residency and/or proof of entry validity (for example, a phone bill or restaurant receipt for purchase requirement) in order to claim a Prize. Proof of identity, residency and/or entry validity considered suitable for verification is at the Promoter’s discretion. If a winner cannot provide suitable proof, the winner will forfeit the Prize in whole and no substitute will be offered.
The Promoter reserves the right to re-draw the Competition if any winner is unable to satisfy these Terms and Conditions. If a winner does not claim the Prize by the Prize Claim Date and Time they will forfeit the Prize
If the Prize is unavailable for any reason, the Promoter, in its discretion, reserves the right to substitute the Prize with a gift to the equal value and/or specification, subject to any written directions from a regulatory authority.
By entering the Competition, each entrant agrees that the Promoter may disclose their personal information to any applicable State and Territory lottery department and if they are a winners of the Competition may have their names published as required under any relevant lottery legislation, including publishing, or causing to be published, the winner’s names and suburb in any media, including on the Website.
If required by the Promoter, the winner agrees to participate in any promotional activities associated with the Competition and the Prize such as public appearances and photo opportunities that might be required by the Promoter. The winner agrees to the Promoter using the winner’s likeness and image for any purpose related to the Competition and the Prize. The winner grants the Promoter a perpetual and non-exclusive licence to use such footage and photographs in all media worldwide indefinitely, and the winner will not be entitled to any fee for such use.
If this Competition 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) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Competition, as appropriate.
Any cost associated with accessing the Competition websites and mobile applications, including the Website, is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated 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.
Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) 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 the Competition, 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 claim or offer 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 entrant; or (f) use of a Prize.
The Promoter and its associated agencies shall not be liable in any way if the performance of obligations hereunder is delayed or becomes impossible by reason of any Act of God, war, fire, earthquake, strike, sickness, accident, civil commotion or any other cause.
Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Terms and Conditions restricts, excludes or modifies, or purports to restrict, exclude or modify, any statutory consumer rights under any applicable law, including the Competition and Consumer Act 2010 (Cth).
The entrants acknowledge that the Promoter needs to collect the personal information in line with the Fortress Privacy Policy, as requested in the entry form to be submitted with an entry, so that the Promoter can enter an entrant into the Competition. Entrants can view this policy at LINK
These Terms and Conditions shall be governed by the law of Victoria, Australia.
STANDARD TERMS
1.1 Information on how to enter forms part of the terms of entry.
1.2 Entering this draw places you on the Fortress mailing list which can be opted out of at any time.
WHO CAN ENTER
2.1 Entry is open to all Australian residents aged 13 years or older, and who have visited Fortress Melbourne at 23 Caledonian Lane, Melbourne, VIC, 3000 and submitted a feedback form after their visit.
HOW TO ENTER
3.1 The Competition commences on Monday 1st August 2022 at 12:01AM (AEDT) and concludes on Tuesday 31st January 2023 (“the Competition Period”) at 11:59PM (AEDT).
3.2 The Competition can be entered by a participant at the end of their visit to Fortress Melbourne, by completing Fortress Melbourne’s ‘Fortress Feedback Form’, submitting their contact information (email address), and opting in to the monthly draw. The entry must fulfill all requirements of the Competition, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications of the Competition may be disqualified at the sole discretion of the Sponsor. You must provide the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules of the Competition, your submission may be disqualified at the sole discretion of the Sponsor.
PRIZES
4.1 There are six (6) Major Prizes to be won, each comprising of:
$100 AUD Fortress Melbourne voucher
The total prize pool amounts to: $600.00 AUD
4.2 Actual/appraised value of prizes may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution shall be permitted except for at the Sponsor’s discretion. The prize is non transferable. Substitution of the prize or transfer/assignment of the prize to others or request for the cash equivalent of the prize by the Winner is not permitted. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the Winner. Acceptance of the prize constitutes permission for the Sponsor to use the Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
4.3 Odds of Winning: The odds of winning depend on the number of eligible entries received.
4.3 In the event that any prize item is unavailable; the Promoter reserves the right to substitute a prize item of equal or greater value.
SELECTION OF PRIZE WINNERS
5.1 Each entrant who has entered the Competition over the Competition Period and registered all details in accordance with clause 3 will be entered into the prize draws.
5.2 Six (6) Draws will be conducted from the Draw pool during the Promotion Period, as follows:
On the first Friday of the month, between 9:00am and 5:00pm AEDT on:
Friday 5th August 2022 at the Promoter’s premises
Friday 2nd September 2022 at the Promoter’s premises
Friday 7th October 2022 at the Promoter’s premises
Friday 4th November 2022 at the Promoter’s premises
Friday 2nd December 2022 at the Promoter’s premises
Friday 6th January 2023 at the Promoter’s premises
The first valid entrant drawn from the relevant Draw will be contacted in accordance with the Entry Method outlined above. For the avoidance of doubt, entrants who are not deemed a Major Prize winner in a relevant Draw will remain in the Draw pool for subsequent Draws (if any).
The Winners will be notified within 7 days of the winner selection. The Sponsor shall have no liability for a Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for a Winner’s provision of incorrect or otherwise non-functioning contact information. Receipt of the prize offered in this Campaign by the Winner is conditioned upon compliance with any and all federal, state, and local laws and regulations. Any violation of these official rules by the Winner at the Sponsor’s sole discretion will result in the Winner’s disqualification as winner, and all privileges as winner will be immediately terminated.
5.3 The Promoter’s decision is final and the Promoter will not enter into correspondence regarding the result.
5.4 In order to receive prizes, Winners must be subscribed to Fortress Melbourne communications. As all prize redemptions and Winner communications are conducted via email, unsubscribing from this list will block any attempt by Fortress Melbourne to contact the Winner and may result in a redraw.
UNCLAIMED PRIZE DRAW & REDRAWS
If a Winner cannot be contacted, is ineligible, fails to claim the prize within 7 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected by a redraw. The redraw will happen on the last Friday of every month during business hours (9:00-17:00 AEDT), from the pre-existing pool or participants in Fortress Esports Pty Ltd, Level 9, 152 Elizabeth Street, Melbourne, VIC 3000. Redraw winners will be notified via email, and winnings will be published on Sponsor’s Discord server and on the Competition page.
RIGHTS GRANTED BY THE ENTRANT
By entering this content (e.g., photo, video, text, etc.), You understand and agree that the Sponsor and anyone acting on behalf of the Sponsor or its respective licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent. By entering this content, you represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, you will be disqualified at the sole discretion of the Sponsor. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, you shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Fortress Melbourne from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Fortress Melbourne may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
TERMS AND CONDITIONS
8.1 The Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Competition should virus, bug, non-authorised human intervention, fraud, or other cause beyond the Sponsor’s control corrupt or affect the administration, security, fairness, or proper conduct of the Competition. In such cases, the Sponsor may select a winner(s) from eligible entries received before and/or after the action taken by the Sponsor if appropriate. The Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Competition or website or violates these Terms & Conditions. The Sponsor has the right, in its sole discretion, to maintain the integrity of the Competition, to void entries for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Competition rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Competition may be a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek damages to the fullest extent permitted by law.
8.2 The Sponsor reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. The Sponsor reserves the right to cancel or amend the competition and these terms and conditions without notice in the event that the Master of the Map event is cancelled due to circumstances outside the promoter’s control. Any changes to the competition will be notified to entrants as soon as reasonably possible by the Promoter.
LIMITATION OF LIABILITY
9.1 By entering the Competition you agree to release and hold harmless Fortress Melbourne and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant’s participation in the Competition and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) unauthorised human intervention in any part of the Competition; (iii) electronic or human error in the administration of the Competition or the processing of entries; (iv) technical errors of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (v) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (vi) printing errors; (vii) lost, late, postage due, misdirected, or undeliverable mail.
9.2 The Competition is in no way sponsored, endorsed, administered by, or associated with Facebook, Twitter, Instagram, Snapchat, YouTube, Reddit, Pinterest, LinkedIn or any other social networks that are used to share the Competition. You understand that you are providing your information to the owner of the Competition and not to Facebook, Twitter, Instagram, Snapchat, YouTube, Reddit, Pinterest, LinkedIn or any other social networks.
USE AND DISCLOSURE OF YOUR INFORMATION
The Promoter may incorporate information from entrants in any contest in any database to be used for the purpose of its business. Upon entry into a competition, a contestant gives permission for use of personal data and this information will be retained in accordance with the Privacy Act which is available at https://www.fortress.games/privacy-policy/
DISPUTES
This Competition is governed by the laws of Australia, without respect to conflict of law doctrines. By participating in this Campaign, you agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Australia having jurisdiction. Further, in any such dispute, under no circumstances shall You be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than actual out-of-pocket expenses (i.e. costs associated with entering the Competition). You further waives all rights to have damages multiplied or increased.
WINNERS LIST
To request a copy of the winners list please contact the Sponsor. Requests must be sent within four (4) weeks of the end of the Entry Period.
ACCEPTANCE OF RULES
By participating in the Competition, You have affirmatively reviewed, accepted, and agreed to all of the Official Rules, Terms and Conditions.