“MAD MEX BIG BURRITO FAST X” PROMOTION

 

TERMS AND CONDITIONS

1. Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

 

2. Entry is only open to NSW, VIC, QLD, WA and ACT residents aged 13 years or over.

 

3. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.

 

4. Employees (and their immediate families) of the Promoter 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.

 

5. Entries into the promotion open on 01/05/23 and close at 10:00PM AEST on 31/05/23 (“Promotional Period”).

 

6. To be eligible to enter, during the Promotional Period, entrants must either:

 

(a) spend (in a single transaction) $25 or more (which must include the purchase of at least one (1) Mad Mex Big Burrito) at any Mad Mex restaurant; OR

 

(b) spend (in a single transaction) $29.90 or more on Mad Mex products (including at least one (1) Mad Mex Big Burrito) via Uber Eats,

 

(each a “Qualifying Transaction”).

 

For clarity, Qualifying Transactions made via Uber Eats do not include delivery fees, priority fees, service fees or driver tips.

 

7. Upon completing a Qualifying Transaction, to enter entrants must, during the Promotional Period, complete the following steps:

 

· download the Mad Mex mobile application (the “App”) if not done so already. The App is available to download for free from the App Store and Google Play;

· register for a Mad Mex account on the App if not done so already by following the prompts and inputting the requested details (including but not limited to full name, a valid email address, postal address, mobile phone number and date of birth), setting a password and agreeing to the terms of use and privacy policy as indicated;

· once registered and logged in, entrants must locate the QR code on their Mad Mex Big Burrito purchased in their Qualifying Transaction;

· entrants must then either press the “Promotional Button” on the App home screen OR go to the “Redeem a Reward” section of the App and then enter the unique code found on the wrapper of their Mad Mex Big Burrito; and then

· submit the fully completed entry form via the App.

 

8. Once their entry form has been submitted, the entrant will receive an online message acknowledging their entry and informing them that: (a) they have been awarded one

(1) initial entry into the Major Draw (defined below); and (b) if they have won an Instant Prize (defined below) and if so, details on how to claim their prize.

 

9. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per Qualifying Purchase (regardless of the number of Mad Mex Big Burritos purchased in that transaction in excess of one (1)); (b) each entry must be submitted separately and in accordance with all entry requirements.

10. Entrants must retain a copy of their Qualifying Purchase receipt as proof of purchase. Failure to produce the proof of purchase when requested may, in the absolute discretion of the Promoter, result in invalidation of an entrant’s entry and forfeiture of any right to a prize. The Qualifying Purchase receipt must clearly specify the store of purchase and that the purchase was made during the promotional period but prior to entry.

 

11. 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 reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. 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. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

 

12. 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.

 

13. Incomplete or indecipherable entries will be deemed invalid.

 

Instant Prize

 

14. The instant prizes available for this promotion are outlined in the table below (each an “Instant Prize”):

 

Instant Prize Maximum Quantity Available Prize RRP Total Prize Value

Guac 3,000 $2.00 $6,000

Free corn chips and

guac 2,000 $4.00 $8,000

Can of drink 2,000 $3.50 $7,000

Buy one get one free burritos 1,000 $12.90 $12,900

Extra Corn chips and

guac 1,250 $4.00 $5,000

Extra Guac 1,250 $2.00 $2,500

Loyalty double stamps 1000 $2.00 $2,000

Churros x Double

Churros 1,000 $5.90 $5,900

Small naked burrito 200 $10.90 $2,180

Small burrito 145 $10.90 $1,580.50

Cinema gift voucher for

two (2) General

Admission movie tickets 100 $40.00 $4,000

Merch Pack 50 $50.00 $2,500

Uber Pass 2 $156.00 $312

 

Major Draw

 

15. There will be one (1) draw conducted at the end of the promotion for all valid entries received (the “Major Draw”). The Major Draw will take place at Anisimoff Legal, Suite 5, Erina Plaza 210 Central Coast Highway Erina NSW 2250 at 9:30am AEST on 08/06/23, in the presence of an independent scrutineer. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The winner will be notified in writing by email within seven (7) days of the Major Draw and their name will be published on the App from 15/06/23.

 

16. The Promoter’s decision is final and no correspondence will be entered into.

 

17. The first valid entry drawn in the Major Draw will win a trip to Cancun, Mexico valued at up to $12,200.00 depending on the date and winner’s point of departure (the “Trip”). Trip is for two (2) people and includes:

· Two (2) return economy airfares from the winner’s nearest Australian capital city to Cancun, Mexico;

· Return private airport to hotel transfers;

· Five (5) nights’ accommodation in at least a four (4) star hotel;

· Racing, zipline, tour and ATV experience in the Rivera Maya Jungle (“Rivera Maya Jungle Experience”); and

· $1,000 spending money (paid by electronic funds transfer (“EFT”) to the winner’s nominated Australian bank account).

 

18. The next two (2) valid entries drawn in the Major Draw will each win $1,000 which will be paid to these winners via EFT.

 

19. The Trip does not include extra spending money, meals, taxes (excluding airline and airport taxes), insurance, passports, visas, vaccinations, transport to and from departure point, additional transfers, items of a personal nature, in-room charges and all other ancillary costs. Trip is subject to exclusions and/or block out periods and subject to booking and flight availability. Trip not available during any Mexican or Australian public holiday or national holiday periods or during the period of 12/12/23 to 27/01/24 (inclusive) or other peak periods. Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the Trip. All elements of the Trip are subject to availability. Trip is subject to the standard terms and conditions of individual prize and service providers. Trip winner may be required to present their credit card at time of accommodation check in. The winner and their companion are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation. Trip winner and their companion must depart from and return to the same departure point and travel together.

 

20. Winner and their companion must have proof of COVID-19 vaccination in an appropriate form, if required at their own cost.

 

21. Trip must be taken within twelve (12) months from notification of winning. Travel dates must be confirmed within forty-five (45) days of notification.

 

22. Major Draw winners are responsible for providing full and accurate bank details in order to obtain the spending money. The Promoter will not be responsible for incorrect details being provided, a banking institution rejecting an EFT payment, or any costs associated with locating any lost monies.

 

23. River Jungle Maya Experience is not recommended for travellers with back problems and the weight limit for the River Jungle Maya Experience is 114 kgs (250 pounds). ATV travellers will need to have moderate physical fitness level and only adults aged 18 or over can drive their own ATV. Children (17 and under) must be accompanied by an adult.

 

24. Trip plane tickets are non-transferable (i.e. no name changes allowed). All components of the Trip must be fulfilled at the same time and winner cannot be split across different time periods. Once the Trip has been arranged, any changes to the travel, flights, accommodation or scheduling arrangements are at the expense of the Trip winner and their travelling companion. Any changes by the Trip winner made to the specified prize package (including travel extensions, additional guests, etc) will be subject to an administration fee of $250 excluding GST, which must be settled in full prior to booking confirmation.

 

25. Flights are economy class and may be indirect. The airline’s Conditions of Carriage apply to all flights. Airline, flight route and dates of travel are subject to the promoter’s absolute and final decision.

 

26. The Trip winner and their companion acknowledge the Trip involves dangerous activities that may result in injury or death, and participate at their own risk. The Trip winner their companion must: (a) attend, undergo and pass any appropriate training, briefings, required medical tests and other requirements of the Promoter and Trip organisers as determined by them in their absolute discretion; (b) not have any heart condition or history thereof, or other medical conditions that would make it dangerous to participate in any Trip activity (including but not limited to Rivera Jungle Maya Experience); (c) not be under the influence of drugs or alcohol; (d) comply with all directions of the Promoter and Trip organisers at all times; and (e) wear all safety and other equipment required. The Promoter and Trip organisers, in their absolute discretion, at all times reserve the right to: (a) prevent the Trip winner or their companion from participating in a Trip activity if, at any time, they reasonably believe that the Trip winner and their companion poses a safety risk or for any other reason; and/or (b) cancel any Trip activity if the conditions are deemed dangerous.

 

27. All travel is subject to availability at all times and may be dependent on select seat class with airlines or specific room category availability with an accommodation partner. In the event the Trip winner is under the age of 18 years, they must be accompanied by a parent/guardian and may be required to sign a legal release in a form determined by the Promoter in its absolute discretion. It is the Trip winner’s responsibility to organise transport to/from the airport departure/return point. Trip winner and travel companions must have valid travel insurance for their period of travel.

 

28. Subject to the unclaimed prize draw clause, if for any reason a winner does not take/redeem any prize (or an element of the prize) at/by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.

 

29. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.

 

30. A draw for any unclaimed Major Draw prizes or any Instant Prize that is won but remains unclaimed may take place on 10/07/23 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners, if any, will be notified by telephone and email and their names will be published on the App from 17/07/23.

 

31. Any ancillary costs associated with redeeming any voucher are not included. Any unused balance of a voucher will not be awarded as cash. Redemption of a voucher is subject to any terms and conditions of the issuer including those specified on the voucher itself.

 

General

 

32. Total prize pool value is valued up to $74,072.50

 

33. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.

 

34. 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.

 

35. In the event of war, terrorism, state of emergency, pandemic or any other kind of disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend, substitute or modify a prize, subject to any written directions from a relevant regulatory authority.

 

36. 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, including but not limited to technical difficulties, pandemic, unauthorised intervention or fraud, 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 promotion, as appropriate.

 

37. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.

 

38. Printing and quality control errors will not invalidate an otherwise valid prize claim. Unless otherwise due to fraud or ineligibility under these Terms and Conditions, all prize claims in excess of the advertised prize pool will be honoured. Any Instant Prizes that are won but remain unclaimed will be awarded in the unclaimed prize draw. Instant win game materials void if stolen, forged, mutilated or tampered with in any way.

 

39. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective 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 promotion.

 

40. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and 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: (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) if the Rivera Maya Jungle Experience is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) use of a prize.

 

41. As a condition of accepting the prize, a winner must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. In the event a winner is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf.

 

42. The Promoter collects personal information (“PI”) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.madmex.com.au/privacy-policy/. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. Unless otherwise indicated by the Promoter, the Promoter may disclose PI to entities outside of Australia (for a list of the countries, see the Promoter’s Privacy Policy), and cannot guarantee that any overseas recipient will not breach the Australian Privacy Principles. By entering the promotion entrants consent to the overseas transfer on these terms as permitted by the Australian Privacy Principles and agree that the Promoter is not liable in this regard.

 

43. The Promoter is Mad Mex Franchising Pty Ltd (ABN 99 137 854 105) of Level 2, 71 York St, Sydney 2000, telephone 02 8115 9554 (“Promoter”).

 

 

NSW Authority No. TP/ 02586 .ACT Permit No. TP23/ 00652