Promotional - Terms & Conditions

WENDY’S VIP OPENING PARTY GIVEAWAY TERMS AND CONDITIONS

Competiton

 Wendy’s  VIP Opening Party Giveaway 2025

Promoter

Promoter Wend Australia Pty Ltd (ACN 669 935 915) of Suite 2.02, Level 2, 65 Epping Road, Macquarie Park NSW 2113.

Entry Period

Start Date: 9:00am AEST Thursday, 28 August 2025
End Date: 11:59pm AEST Sunday, 12 October 2025

Entrants

Entry is open to all Australian residents aged 18 years and over and who fulfill the entry requirements and who are able to take the Prize on the specified dates.
Employees of the Promoter and their associated companies are excluded.
Additionally, the directors, managers, employees, officers, agents and contractors of the Promoter or their associated companies, and their immediate families (i.e. spouse, partner, parent, grandparent, natural or adopted child, and sibling (whether natural or adopted by a parent)) are ineligible to enter.

Limit

Maximum of 1 entry per person.

Entry Mechanic

To enter, Entrants must, during the Entry Period:
1.) visit the Competition Website: promo.wendyshamburgers.com.au/opening;
2.) complete their details in the entry form; and
3.) in 20 words or less, tell us why you’re No.1 fan of Wendy’s.

Judging Details

Judging will take place on 15 October 2025.

Judging Criteria

This is a game of skill and chance plays no part in determining the winners. Entries will be judged by the Promoter on originality and creativity.

Prize

The Prize is an invitation to attend the Red-Carpet Launch Party of Wendy’s Brisbane CBD. The event is tentatively scheduled to occur on 20 October 2025 (subject to change).

Total Prize Value

N/A

Prize Conditions

1.) The Prize does not include flights, transfers, accommodation, or any other ancillary costs. Winners are solely responsible for making their own travel arrangements to attend the event.
2.) The Prize is non-transferable, non-refundable, and not redeemable for cash. The Prize will not be substituted for other benefits or items at the request of the winner.

Notification of Winner(s)

The winner will be contacted via the information provided in the entry form (i.e. email or mobile) on 15 October 2025.

Claim Period

The winner must claim the Prize within 48 hours of receiving a notification pursuant to the Notification of Winners section above.

Unclaimed Prize Determination

If the winner does not respond within 48 hours, they will be deemed to have forfeited their Prize. In such event, an alternate winner will be selected and announced. Such alternate winner will be the Entrant with the next most original and creative entry. The alternate winner must claim their Prize within 48 hours of receiving notification that they are a winner.

Social Media

This Competition is in no way sponsored, endorsed or administered by, or associated with, TikTok or Instagram. Each entrant completely releases TikTok and Instagram from any and all liability in relation to this Competition.

1. General
1.1 The promoter of the Competition is the Promoter
1.2 By entering this Competition, Entrants agree to be bound by these Terms and Conditions. Information on how to enter and claim Prizes forms part of these Terms and Conditions.
1.3 By entering this Competition, Entrants agree to be contacted by the Promoter for the purpose of the Promoter administering the Competition.  

2. Eligibility
2.1 Entry is open only to the Entrants.
2.2 This Competition will be conducted during the Entry Period. Entries must be received by the Promoter during the Entry Period.
2.3 An entry that is eligible under this clause 2 will be known in these Terms and Conditions as an "Entry" and "Entries" will have a similar meaning.

3. Entry
3.1 To enter this Competition, Entrants must follow the Entry Mechanic, subject to the Limit. Entry is free.
3.2 Entrants must submit an Entry in accordance with the Entry Mechanic and the procedures under clauses 2 and 3.
3.3 To be eligible to win a Prize in this Competition, an Entry must not:
- (a) be incomplete or incomprehensible;
- (b) be unlawful, defamatory, abusive, insulting, threatening, obscene, inflammatory, or offensive;
- (c) use multiple or fake accounts to enter;
- (d) submit false or misleading information;
- (e) engage in spamming or mass tagging of unrelated accounts;
- (f) attempt to manipulate the Competition using bots or automation; or
- (g) harass, threaten, or violate platform community guidelines.
3.4 The Promoter reserves the right to verify the validity of an Entry and to disqualify an Entrant for tampering with the entry process or for submitting an Entry that does not, in the Promoter’s sole discretion, comply with these Terms and Conditions.
3.5 The Promoter accepts no responsibility for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected Entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise.

4. Judging
4.1 Each valid Entry will be judged in accordance with the Judging Details and the Judging Criteria. The Prize(s) will be awarded to the valid Entry/Entries that best meet the Judging Criteria. The judges’ decision is final, and no correspondence will be entered into.
4.2 Each entrant warrants and agrees that: (i) the entrant has created the Entry themselves; (ii) the entrant will not submit material in their Entry that is copyrighted or otherwise subject to third party proprietary rights, unless the entrant is the owner of those rights; (iii) the Entry has not been previously published in any other medium or forum; (iv) the entrant will not submit material that is unlawful, obscene, defamatory, derogatory, threatening, pornographic, sexually inappropriate, violent, abusive, harassing, hateful, racially, religiously or ethnically offensive, or encourages, evidences or indicates conduct that would be considered a criminal offence, give rise to civil liability or violates any law; (v) the Entry will not contain viruses or cause injury or harm to any person or entity; and (vi) the entrant has not granted rights to their Entry to any other person which are inconsistent with the rights granted to the Promoter.
4.3 Entries that are found to have been derived from third party work will be considered invalid and, if awarded a Prize, that Prize must be returned to the Promoter. Without limiting the generality of other conditions, the Promoter reserves the right to take legal action against anyone found to have breached this condition. The Promoter reserves the right in its sole discretion to: (i) not consider any Entry which is not in accordance with the Terms and Conditions; and (ii) disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition. The Promoter’s legal rights to recover damages and other compensation are reserved.
4.4 Each entrant acknowledges and agrees that the Promoter (and each of its assignees and licensees) has the right, in its absolute discretion, to display, distribute, edit, adapt, amend, copy, use, commercialise, translate, publish, broadcast and communicate to the public, the Entry (or any part thereof) in any media, at any time, without any further consultation, reference, payment or any other compensation to the entrant.
4.5 By entering this Competition each entrant consents to the Promoter (and each of its assignees and licensees) doing or omitting to do anything which may infringe any and all moral rights of the entrant including to edit, alter and reproduce the Entry, and that such consents have been obtained to the full extent permitted under the Copyright Act 1968 (Cth).
4.6 Each Prize winner must, at the Promoter’s request, participate in all promotional activity (such as publicity and photography) surrounding the winning of the Prize, free of charge, and they consent to the Promoter using their name and image in promotional material in any medium throughout the world.
4.7 Incomplete Entries and/or Entries that, in the Promoter’s judgment, contain offensive, defamatory or otherwise objectionable or inappropriate material or that infringe any third party rights will be invalid and not eligible to win a Prize.
4.8 If an entrant is unable to or refuses or fails to take part in any element of this Competition, or a winning Entry is deemed not to comply with these Terms and Conditions, the Promoter reserves the right to discard that entrant’s Entry and proceed as if that entrant had not entered the Competition.

5. Prizes
5.1 The winner(s) will be notified in accordance with the Notification of Winner(s). Winner(s) must claim their Prize within the Claim Period.
5.2 The Promoter may require the winner(s) to verify their entry and provide proof of purchase (if applicable), identity, age and/or residence. Proof considered suitable for verification is at the Promoter’s sole discretion.
5.3 The Promoter may, in its sole discretion, disqualify any or all entries from, and prohibit further participation in this Competition by, any person who fails to provide adequate identification to the satisfaction of the Promoter, or who tampers with or benefits from the manipulation of, or tampering with, the entry process or the operation of the Competition or acts in violation of these Terms and Conditions, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.
5.4 If, due to any reason whatsoever, the Promoter becomes aware after an entrant has won a Prize that the entrant has not complied with these Terms and Conditions, the entrant will have no entitlement to the Prize, even if the Promoter has announced them as a winner and that entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the Prize.
5.5 No alternative Prize will be provided, and no compensation will be payable, if the Entrant is unable to access or use
their Prize.
5.6 In the event of a Prize not being accepted or claimed, the Prize may be distributed in accordance with the Unclaimed Prize Determination.
5.7 The value of the Prize is the recommended retail price as provided by the supplier (inclusive  of GST).
5.8 If the Prize becomes unavailable for any reason, the Promoter, in its sole discretion, reserves the right to substitute the Prize with a prize of equal or greater value.

6. Your information
6.1 By participating in the Competition, Entrants provide consent to the Promoter to use and collect its personal information to enable the Promoter to conduct the Competition, publicise the name of the winners and where Entrants have consented to the receipt of such information, send Entrants marketing, advertising, and promotional material. The Promoter will otherwise use, collect and handle your personal information in accordance with its Privacy Policy available at https://www.wendyshamburgers.com.au/privacy-policy.
6.2 Entrants’ personal information may be disclosed to third parties who assist the Promoter in conducting this Competition, including regulatory authorities, entities which supply and deliver the Prizes to the winners, and marketing and communications agencies.
6.3 The winners’ details will be retained as required by relevant legislation and as specified in these Terms and Conditions, and the Winning Entrants’ first name and last name may be posted on the Promoters or its agents pages promoting the Competition.
6.4 Entrants can contact the Promoter by email at wendysau@flynnrg.com.au to request access to, or corrections of, the Entrant’s personal information held by the Promoter.

7. General
7.1 The Promoter’s decision in relation to all aspects of this Competition is final and no correspondence will be entered into.
7.2 By entering this Competition and collecting a Prize, the winners acknowledge and accept that travel and any other activities compromising the Prize are inherently dangerous and may result in death, injury, incapacity, damage to property or other losses.  Entrants participate in this Competition, and use the Prizes, at their own risk.
7.3 The Promoter, its related bodies corporate and the suppliers, agencies and other companies involved in this Competition assume no responsibility for any error, omission, interruption, defect, delay in operation or transmission, or loss or damage to data.
7.4 If this Competition is not capable of running as planned for any reason (including as a result of technical failures, fraud or causes beyond the Promoter’s control), the Promoter may, in its sole discretion, cancel, suspend or change the Competition and re-commence it on similar terms, subject to any directions by regulatory authorities.
7.5 The Promoter accepts no responsibility for any tax implications that may arise from the Prize winnings. Independent financial advice should be sought.  
7.6 To the fullest extent permitted by law, the Promoter, its related bodies corporate and their respective officers, directors, employees and agents exclude liability for all loss (including loss of data, unauthorised access to data and consequential loss), damage, expenses, death or personal injury suffered or incurred arising out of, or in connection with, this Competition (including in relation to participation in this Competition and use of the Prizes).
7.7 Nothing in these Terms and Conditions seeks to limit, exclude or modify, or purports to limit, exclude of modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010.
7.8 These Terms and Conditions are governed by the laws of the State of New South Wales.

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