Terms & Conditions

Terms and Conditions

1. Application of Terms and Conditions

1.1. This promotion (“Promotion”) is conducted by Okami Distribution Pty Ltd ACN 614 594 731 of 24 Cleeland Road, Oakleigh South VIC 3167 (“Promoter”).
1.2. Entry into the Promotion is deemed acceptance of these Terms and Conditions.
1.3. All times and dates specified in these Terms and Conditions are times and dates in Melbourne, Australia.
1.4. Subject to these Terms and Conditions all Okami restaurants in Australia are participating in the Promotion (“Okami Restaurants”).

2. Details of Promotion

2.1. This Promotion consists of multiple periods with the relevant dates set out as follows:

2.2. The prizes available for the Promotional Period 15 September 2023 to 14 October 2023 and 15 October 2023 to 14 November 2023 on the Drawing Date and Time are (each a “Prize” and collectively “Prizes”  in respect of those Promotional Periods):

2.2A. The prizes available for the Promotional Period 15 November 2023 to 14 December 2023 on the Drawing Date and Time are (each a “Prize” and collectively “Prizes” in respect of that Promotional Period):

• 2.2B. The total value of the Promotion is $90,000.00.

2.3.  The Okami Dine-In Gift Vouchers are subject to the terms and conditions set out in the Okami Dine-In Gift Voucher Terms and Conditions annexed to these Terms and Conditions.

2.4. These Terms and Conditions apply to each Promotional Period and Drawing Date and Time separately and each Promotional Period consists of a separate promotion for the purposes of these Terms and Conditions.

2.5. Each Promotional Period will start at 00:01 on the Start Date and end at 23:59PM on the End Date.

2.6. The winners will be drawn for each Promotional Period on the Drawing Date and Time at 24 Cleeland Road, Oakleigh South 3167.

2.7. The winners for each Promotional Period will be notified within seven (7) days of the Drawing Date and Time (“Notification Date”).

2.8. Should it be required, a redraw will occur on the Redraw Date and Time at 24 Cleeland Road, Oakleigh South 3167.

2.9. Should it be required, the winners on a redraw will be notified within seven (7) days of the Redraw Date and Time (“Redraw Notification Date”).

3. Entry into Promotion

3.1. Entry into the Promotion is only open to all residents of Australia aged 18 or above (“Entrant”).

3.2. The directors, management, employees of the Promoter or Hola Wonder Pty Ltd, its related entities, related bodies corporate, franchisees, and their immediate family, being a spouse, ex-spouse, de-facto spouse, child, stepchild (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin, are ineligible to enter the Promotion.

3.3. Entrants must complete the following process (“Entry Process”) during each Promotional Period:

3.3.1. Dine in at an Okami Restaurant (“Entry Restaurant”);

3.3.2. Have paid for, or have another person pay for, an all you can eat menu or a la carte option for the Entrant;

3.3.3. Scan the QR code provided by staff at the Entry Restaurant on the Entrant’s mobile device;

3.3.4. Complete the form produced on the Entrant’s mobile device at the Entry Restaurant by scanning the QR code at the Entry Restaurant (“QR Form”), including providing the Entrant’s:

3.3.4.1. Full name;

3.3.4.2. Date of Birth in order to confirm that the Entrant is over the age of 18;

3.3.4.3. Post code;

3.3.4.4. Email address;

3.3.4.5. Mobile number;

3.3.4.6. GPS location at the time of completion of the form;

3.3.4.7. Consent to being contacted by the Promoter in respect of the Promotion;

3.3.4.8. Consent to the Promoter sending marketing material to the Entrant’s email address;

3.3.4.9. Feedback on the dining experience at the Entry Restaurant; and

3.3.4.10. Completion of a marketing survey.

3.4. Any Entry which is incomplete or indecipherable will be deemed invalid at the Promoter’s discretion.

3.5. Each Entrant is entitled to one (1) entry (“Entry”) for each instance of the Entrant completing the Entry Process and each Entrant may enter the Promotion for each Promotional Period as many times as they dine in an Okami Restaurant during that Promotional Period.

3.6. An Entry shall only be eligible for the draw for the Promotional Period which the Entry Process is completed for and shall not be eligible for any other Promotional Period.

3.7. The Promoter may, but is not obliged to, send an email or SMS to the Entrant confirming the Entry into the Promotion. Any such email or SMS is not conclusive as to the validity of the Entry and the Entry remains subject to these Terms and Conditions.

3.8. The Promoter may, but is not obliged to, send marketing material in relation to the Promotion and to Okami Restaurants to the Entrant. The Entrant may opt out of such marketing material as provided for in such material and this will not affect the validity of the Entry.

3.9. The Promoter may refuse any Entry at their discretion where the Entry fails to comply with these Terms and Conditions, including but not limited to:

3.9.1. Any completions of the QR Form beyond the first for any single instance of the Entry Process; and

3.9.2. Where the GPS location provided in the QR Form is not the Okami Restaurant at which the Entrant dined.

3.10. Purchases of products apart from the all you can eat or a la carte option are not eligible for this Promotion. Purchases of take away, online orders or delivery orders via any delivery platform are not eligible for this Promotion.

4. Draw

4.1. The Prizes shall be drawn in descending order of value.

4.2. The winner of a Prize (“Winner”) will be the Entrant of the Entry (“Winning Entry”) selected at random via an electronic draw from all entries received during the Promotion Period at the Drawing Date and Time by Hola Wonder Pty Ltd.

4.3. An independent scrutineer will oversee the conduct of the draw and any redraw where the total value of the prizes in the draw or redraw exceed $10,000.

4.4. Each Entrant shall only be eligible to win one Prize and the Winner shall not be eligible to participate in any subsequent draws in respect of the same Promotion Period.

4.5. The Promotion is a game of chance and skill plays no part in determining the winner.

4.6. Where the Winner or the Winning Entry fails to comply with these Terms and Conditions Hola Wonder Pty Ltd may, but does not have to, deem the Entry invalid and Hola Wonder Pty Ltd may revert to any Reserve Winners in the order that they were drawn.

4.7. In respect of the Cash Prize:

4.7.1. Hola Wonder Pty Ltd may but is not required to also select at random via an electronic draw any number of winning reserve entries in sequential order (“Reserve Winners”) at the Drawing Date and Time.

4.7.2. The Winner will be notified by the contact details provided by the Entrant in the QR Form completed for the winning Entry within seven (7) days of the draw by Hola Wonder Pty Ltd.

4.7.3. The Winner’s name will be published on the Publication Date:

4.7.3.1. Published on promotions.okamirestaurant.com.au for at least 28 days;

4.7.3.2. Published on social media platforms, including but not limited to Facebook, Instagram, X (formerly known as Twitter), WeChat and TikTok; and

4.7.3.3. Published by marketing emails sent out by or on behalf of the Promoter.

4.7.4. Hola Wonder Pty Ltd will make all reasonable efforts to identify and contact the Winner but if the Winner cannot be readily identified within a reasonable period of no less than 14 days then Hola Wonder Pty Ltd may substitute the Winner for one of the Reserve Winners in the order that they were drawn.

4.7.5. Where no Reserve Winners are drawn or remain, Hola Wonder Pty Ltd may arrange a redraw to occur at the Redraw Date and Time subject to any legal direction from a government authority.

4.7.6. Winners of any redraw will be notified by the contact details provided by the Entrant in the QR Form completed for the winning Entry by Hola Wonder Pty Ltd and their name will be published on the Redraw Publication Date:

4.7.6.1. Published on promotions.okamirestaurant.com.au for at least 28 days;

4.7.6.2. Published on social media platforms, including but not limited to Facebook, Instagram, X (formerly known as Twitter), WeChat and TikTok; and

4.7.6.3. Published by marketing emails sent out by or on behalf of the Promoter.

4.8. In respect of all other Prizes the Winner will be notified by the email provided by the Entrant in the QR Form completed for the winning Entry within seven (7) days of the draw by Hola Wonder Pty Ltd.

5. Prize

5.1. In respect of the Cash Prize:

5.1.1. In order for the Winner to accept a Prize, the Winner must (“Acceptance Requirements”):

5.1.1.1. Provide to Hola Wonder Pty Ltd valid identification which matches the QR Form of the winning Entry;

5.1.1.2. Provide to Hola Wonder Pty Ltd the Winner’s details for provision of the Prize;

5.1.1.3. Agree to:

5.1.1.3.1. Participate in and cooperate with all reasonable media requests by the Promoter, including but not limited to being interviewed and photographed;

5.1.1.3.2. Grant to the Promoter of a perpetual and non-exclusive licence to use such footage and photographs in any media, including social media, for the purposes of promoting Okami Restaurants worldwide and the Entrant will not be entitled to any fee for such use; and

5.1.1.3.3. Not sell or otherwise provide their story or photographs to any media or other organisation.

5.1.2. In the event that there is a dispute as to the identity of the Winner, Hola Wonder Pty Ltd may at its absolute and sole discretion determine the Winner.

5.1.3. The Winner may be required by the Promoter or Hola Wonder Pty Ltd to sign eligibility forms or legal releases in a form determined by the Promoter in its absolute discretion.

5.1.4. Upon acceptance of a Prize by the Winner, the Winner must deal directly with Hola Wonder Pty Ltd as the distributor of the Prize.

5.1.5. Subject to the Winner’s compliance with these Terms and Conditions Hola Wonder Pty Ltd will transfer the Prize to the Winner as soon as reasonable practicable after receipt of the Acceptance Requirements and in any case within 1 month of the draw.

5.1.6. The Promoter may at its absolute discretion deem a Winner’s Entry invalid at any time, including after announcing the Winner, if it is discovered that the Winner or the Winner’s Entry did not comply with these Terms and Conditions.

5.2. In respect of all other Prizes:

5.2.1. The Prize will be sent to the email address provided in the QR Form for the Winner’s Entry.

5.2.2. In the event that the email address provided is incorrect or the Prize cannot be delivered to or received at the email address for any reason Hola Wonder Pty Ltd and the Promoter will be under no obligation to contact the Winner or provide a replacement for the Prize.

5.2.3. The Promoter may at its absolute discretion deem a Winner’s Entry invalid at any time, including after sending the Prize in which case the Prize may be invalidated, if it is discovered that the Winner or the Winner’s Entry did not comply with these Terms and Conditions.

5.3. The Winner should seek independent financial advice in relation to any tax implications resulting from the Prize.

5.4. The Prize may not be transferred or exchanged.

5.5. Where a Prize is unavailable for any reason, the Promoter reserves the right to substitute the Prize with a product of equal or greater value, subject to any applicable legislation.

5.6. The Promoter’s decision is final and the Promoter will not enter into correspondence regarding the result.

6. General

6.1. The Promoter may vary these Terms and Conditions at its discretion, subject to any applicable legislation or any legal direction from a government authority.

6.2. The Promoter reserves the right at any time to verify any Entry and to disqualify any Entry or Entrant who submits an Entry that the Promoter has reason to believe:

6.2.1. Has breached these Terms and Conditions;

6.2.2. Attempts to tamper with the Entry Process in any way;

6.2.3. Attempts to use any automated entry software or any other mechanical or electronic means to allow an Entrant to submit QR Forms repeatedly;

6.2.4. Engaged in any unlawful or other improper misconduct which can jeopardize the fair and proper conduct of the Promotion.

6.3. The Promoter reserves its rights to seek damages or compensation from which Entrant who breaches these Terms and Conditions.

6.4. A failure by the Promoter to enforce any of its rights under these Terms and Conditions at any time does not constitute a waiver of those rights.

7. Limitation of Liability

7.1. Subject to regulatory approval, where for any reason outside the reasonable control of the Promoter, including but not limited to epidemic, vandalism, power failures, tempests, natural disasters, Acts of God, technical failures the Promoter may in its absolute discretion cancel, terminate, suspend, or modify the Promotion.

7.2. Nothing in these Terms and Conditions limits, excludes, modifies or purports to do so to any statutory guarantees as provided by the Competition and Consumer Act or similar consumer protection laws.

7.3. Except for any liability that by law cannot be excluded, the Promoter excludes all liability including negligence for any direct or indirect injury, loss or damage , whether direct, indirect, special or consequential arising in any way out of or in relation to:

7.3.1. The Promotion;

7.3.2. Any tax liability incurred by any Entrant or Winner;

7.3.3. The draw for the Winner;

7.3.4. The acceptance, participation or use of the Prize.

7.4. Where the law does not allow any limitation or exclusion provided under these Terms and Conditions but allows a maximum limitation or exclusion then the limitation or exclusion in these Terms and Conditions shall be read to be the maximum limitation or exclusion allowed by law.

8. Privacy

8.1. The personal information collected (“Personal Information”) as part of this Promotion may be disclosed by the Promoter to any related parties, including franchisees, agents, contractors, service providers and any regulatory authorities as required.

8.2. The Promoter may for an indefinite period use the Personal Information for promotional, marketing, research, publicity and profiling purposes, including sending emails, SMS and telephone calls.

NSW Authority No. TP/02913

ACT Permit No. TP 23/01727

SA Permit No. T23/1340

Okami Dine & Win Gift Voucher Terms and Conditions

1. 1. This Gift Voucher is issued by Okami Distribution Pty Ltd ACN 614 594 731 (“Issuer”).
   2. This Gift Voucher is valid for 30 days from the date of issue (“Validity Period”).
   3. This Gift Voucher can only be redeemed in-store for dine in all you can eat or a la carte services at all Okami physical locations across Australia during the Validity Period.
   4. This Gift Voucher cannot be redeemed for takeaway, gift cards, vouchers, online or through any delivery service, website or mobile application.
   5. This Gift Voucher must be presented digitally on a mobile device or as a printed copy during purchase.
   6. The Gift Voucher is for single use only. 
   7. This Gift Voucher is non-transferable, non-refundable, and cannot be exchanged for cash.
   8. The balance of the Gift Voucher will be stored in the system of the Issuer and will be conclusive evidence of the balance, history and expiry date of the Gift Voucher.
   9. No credit or refund will be provided if there is any unused balance on the Gift Voucher at the end of the Validity Period.
   10. Lost, destroyed or stolen Vouchers will not be replaced, transferred or exchanged for cash.
   11. This Gift Voucher shall not be used in connection with any advertising, promotion or marketing activity without the consent of the Issuer.
   12. This Gift Voucher shall not be used in a manner which implies that a person, entity, product, business or service is endorsed, sponsored or affiliated with the Issuer or with the Okami brand.