MONTY’S REWARDS TERMS AND CONDITIONS
[EFFECTIVE November 2018]

1.      Monty's Rewards Terms and Conditions

1.1 These Terms and Conditions govern the rewards program known as Monty’s Rewards. It is every Member's responsibility to read and understand them.

1.2 These Terms and Conditions are effective as at the date specified above and may be amended by ALH, from time to time in accordance with clause 4.  Any amendments to the Terms and Conditions will be available on the Website and take effect immediately at the time they appear on the Website. 

2.   Definitions

In these Terms and Conditions unless the context otherwise requires:

'ALH' means ALH Group Pty Ltd ACN 098 212 134 and its executors, administrators, successors and permitted assigns;

'ALH Staff Member' means an employee, agent or contractor of ALH, its Related Bodies Corporate or any Participating Venue;

'Australian Consumer Law' has the meaning given in the Competition and Consumer Act 2010 (Cth);

'Benefits’ means any discounts, bonuses, prize draws or other arrangements offered or available to a Member as a result of Membership, including earning and redeeming Monty's Points;

'Games' means games played on a device regulated under the Gaming Machines Act 2001 (NSW), Gaming Machine Act 1991 (Qld), Gambling Regulation Act 2003 (Vic), Gaming Machines Act 1992 (SA), Gaming Machine Act 1995 (NT) or Gaming Control Act 1993 (Tas) and which is commonly known as a 'poker machine';

‘Gift Card’ means a gift card issued to a Member as a Reward pursuant to these Terms and Conditions, which may be used for payment, towards the goods and services offered by a third party, up to the dollar value stored on the gift card;

‘Member’ means a person who is a member of Monty’s Rewards;

‘Membership’ means membership of Monty’s Rewards;

‘Monty’s Card’ means the card issued by ALH to Members in relation to their Membership;

‘Monty’s Points’ means the points awarded to Members in Monty’s Rewards pursuant to these Terms and Conditions;

‘Monty’s Rewards’ means the Membership program in relation to venues operated by ALH in accordance with these Terms and Conditions;

‘Participating Venue’ means a venue that is participating in Monty’s Rewards in the provision of the Benefits and/or Rewards in accordance with these Terms and Conditions and as listed on the Website and where the context permits, includes the operator of that venue.  Such Participating Venues may change from time-to-time and without notice other than on the Website;

‘Personal Information’ means any information or opinion (irrespective of the medium in which this is stored or kept) about Members, whether true or not, from which the identity of Members can be reasonably ascertained including without limitation:

a) details in relation to your patronage of the Venue;

b) details in relation to your use of Voluntary  Pre-Commitment;

c) details in relation to Points that you have accrued;

d) details in relation to requests you have made for Rewards (and the outcome of those requests); and

e) your personal details such as name, address, phone number, email address , date of birth and any other information provided in your Membership application form;

 

‘PIN’ means the personal identification number which is issued to the Member by ALH or nominated by the Member for verification purposes;

‘Promotional Offers’ means the ad hoc or targeted promotional offers to Members or groups of Members that may change from time to time;

'Related Bodies Corporate' has the meaning given to it in the Corporations Act 2001 (Cth);

‘Rewards’ means items, Venue Vouchers, Gift Cards, Third Party Offers, goods or services described as rewards on the Website from time to time that are available to a Member as a result of achieving certain criteria;

'Terms and Conditions' means these terms and conditions as amended from time to time;

‘Third Party Offer’ means an offer to a Member made by a third party permitted by, but not related to, ALH as an adjunct to Monty's Rewards;

‘Venue Voucher’ means a voucher issued to a Member as a Reward pursuant to these Terms and Conditions, which may be used for payment, towards food and beverages offered by a Participating Venue, up to the dollar value shown on the voucher;

‘Voluntary Pre-Commitment’ means the ability for Members to voluntarily set time and net loss limits on electronic gaming machine play under Monty's Rewards, which once reached, results in electronic notification to the Member and prevents the Member from earning any further Monty's Points as a result of subsequent electronic gaming machine play until a predetermined period of time has passed; and

 ‘Website’ means montysrewards.com.au.

3. Membership

3.1 Membership is only available to Australian residents who are aged 18 years or over.   Membership is only open to individuals and not corporations or other entities. Employees of ALH, its Related Bodies Corporate, or Participating Venues may become Members or continue Membership if permitted by and in accordance with the applicable ALH policy from time to time.

3.2 A person may apply to become a Member by completing a Monty’s Rewards Membership application form (either via the Monty’s Rewards app or a physical form). By signing or electronically submitting the Monty's Rewards Membership application form each Member acknowledges that they have read, understood and agree to be bound by these Terms and Conditions.

3.3 A person's Membership becomes effective from the time a Monty’s Card or in-app barcode has been issued at which time the Member offer constituted by the application shall be deemed accepted by ALH and the Member will thereby, without more, be bound by these Terms and Conditions.  

3.4 A person who has applied to become a Member under clause 3.2 (whether that person has applied via a physical form or in the Monty's Rewards app) will not be entitled to a Monty's Card until that person presents an acceptable form of original identification to a member of staff at a Participating Venue.  Acceptable forms of identification are detailed in clause 3.5.

3.5 Acceptable forms of identification include a current driver’s licence or learner permit, current passport, proof-of-age card, Keypass (in all States or Territories other than NSW and WA), or foreign driver's licence if such documents contain a photo of the person to whom it is issued and indicate by reference to the person's date of birth or otherwise that the person has attained the age of 18.

3.6 Membership is granted and maintained at the discretion of ALH.

3.7 ALH may exclude or suspend any person from participation in Monty’s Rewards.

3.8 The Member undertakes to notify ALH as soon as possible, through a Participating Venue, of any change of name, address or other identifying details and present appropriate identification as required to validate such change.

3.9 Members that are excluded or self-excluded from any Participating Venue may have their Membership suspended or terminated.

4. Changes to Monty’s Rewards

4.1 ALH may make any changes to Monty’s Rewards from time to time, including without limitation, the Terms and Conditions and associated Benefits, Rewards or Voluntary Pre-Commitment features, by publishing those changes on the Website. Any such changes will not be effective until the expiry of at least 30 days after the date they are first published on the Website.

4.2 ALH may, at any time, cancel Monty's Rewards in whole or in part or suspend it for any reason by giving notice of the cancellation or suspension on the Website. Any such cancellation or suspension will not be effective until the expiry of at least 90 days after the date on which the notice is first published on the Website. Upon cancellation, any Monty's Points which have not been redeemed will immediately and automatically be deemed surrendered by the Member and cancelled.

4.3 If ALH:

(a) makes a change to Monty’s Rewards pursuant to clause 4.1 that is likely to have a materially detrimental effect on Members; or

(b) cancels or suspends Monty’s Rewards pursuant to clause 4.2,

ALH will notify affected Members via email or post.

5. Monty's Cards

5.1 A person is only entitled to one Membership number and is permitted only one Monty's Card or in app barcode displaying that number.

5.2 All Monty's Cards remain the property of ALH and must be returned to an ALH Staff Member on request.

5.3 Without prejudice to clause 3.3, each use of a Member's Monty's Card or in app barcode is deemed acceptance of these Terms and Conditions.

5.4 It is the sole responsibility of the Member to protect their Monty's Card and take precautions against loss or unauthorised use.

5.5 A Monty's Card or in app barcode issued to a Member may only be used by that Member for the purposes of their Membership.  The Member must not give their Monty's Card or in app barcode to another person or Member for any purpose whatsoever. An ALH Staff Member may require a person to produce identification satisfactory to that ALH Staff Member for the purposes of verifying that a Monty's Card or in app barcode is being used by the relevant person to whom it was issued and such person must immediately comply with such request.

5.6 Members must notify ALH as soon as is reasonably practical, through a Participating Venue, of any damage, loss or theft of their Monty's Card.  ALH may replace a damaged, lost or stolen Monty's Card at its discretion subject to the relevant Member satisfying ALH's identification requirements.

6. Monty's Points and Benefits

6.1 A Member may only earn Monty's Points and take advantage of Benefits as set out in the table below and as varied and/or replaced from time to time by ALH as detailed on the Website.

Points earned in a Participating Venue

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* Spend is required in a single transaction to qualify for a point. Excludes spend at outlets operated by third parties.

6.2 ALH may place a cap on the Point earning capacity of an individual Member.

6.3 Monty's Points and Benefits cannot be transferred to another Member and can only be used by the Member whose name appears on the Monty's Card or in app barcode.

6.4 Benefits are offered subject to availability.  ALH and its Related Bodies Corporate shall not be responsible for the unavailability or withdrawal of any particular Benefit.  ALH may limit the goods and services on which Monty's Points may be earned and Benefits applied.   

6.5 Particular Benefits (such as once-off Member prizes, discounts, birthday venue vouchers or other Benefits that result from a Promotional Offer as set out in clause 8) may be accompanied by and subject to terms and conditions in addition to these Terms and Conditions.

6.6 Benefits cannot be used in conjunction with any other promotional offer or discount (including supermarket discount vouchers), unless otherwise specified in the terms and conditions of a particular offer or promotional event. 

6.7 In order to earn Monty's Points or Benefits, it is the Member’s responsibility to ensure that their Monty's Card or in app barcode has been presented at the time of the transaction.

6.8 It is the Member's responsibility to check at the time of the transaction that Monty's Points have been correctly allocated to their Monty's Card or to their Monty’s Rewards app and immediately notify a Participating Venue of any discrepancies. 

6.9 ALH may adjust the Member’s Monty's Points or Benefits.

6.10 Monty's Points will expire 12 months from the date of earning those Monty’s Points, if not redeemed sooner.  When redeeming Monty’s Points, the oldest Monty’s Points will be deducted first.  

6.11 Monty's Points and Benefits cannot be re-credited once they have expired.

6.12 ALH may reverse or cancel any Monty's Points credited to a Member incorrectly or not in accordance with the Terms and Conditions.

6.13 ALH and its Related Bodies Corporate exclude and limit liability in relation to Monty's Points and Benefits pursuant to the terms of clause 14.

7. Rewards

7.1 Members may exchange Monty's Points for Rewards as set out in the table below and as varied and/or replaced from time to time by ALH as detailed on the Website.

Points redeemed at a Participating Venue

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*Points may only be redeemed for cash at Participating Venues in SA & QLD

7.2 Rewards are offered subject to change and availability.  ALH shall not be responsible for the unavailability or withdrawal without notice of any particular Rewards and may accept or reject any request to receive a Reward.

7.3 In exchanging Monty's Points for Rewards, the Members must present their Monty's Card or in app barcode to a Participating Venue and comply with any validation and identification tests required by ALH Staff Members, including, without limitation providing their name, address, date-of-birth and/or PIN.

7.4 A Member’s Monty's Points may not be combined with any other Member’s Monty's Points to claim Rewards.

7.5 Once issued, Rewards cannot be refunded, returned or exchanged for cash or replaced if lost or stolen. No change can be given on the unused portion of a Reward.

7.6 Particular Rewards, such as those which result from Promotional Offers described in clause 8,   may be accompanied by and subject to terms and conditions in addition to these Terms and Conditions.

7.7 ALH and its Related Bodies Corporate exclude and limit liability in relation to Rewards pursuant to the terms of clause 14.

8. Promotional Offers

8.1 ALH may, from time to time, make Promotional Offers to individual Members or groups of Members and to the exclusion of other Members.  Promotional Offers may include Benefits, Monty's Points and Rewards subject to the terms and conditions of the Promotional Offers.

8.2 The types of Promotional Offers ALH may make from time to time include, without limitation, offers for discounted food and beverage, venue vouchers and/or bonus Monty’s Points in exchange for the Member using their Monty’s Card or in app barcode in a certain way or entering into promotional activities such as trade promotions and bonus points games or draws. 

8.3 ALH and its Related Bodies Corporate exclude and limit liability in relation to Promotional Offers pursuant to the terms of clause 14.9.

9. Third Party Offers

9.1 ALH may notify Members of Third Party Offers from time to time. Even though ALH may provide a Member with the notification of the Third Party Offer, Members acknowledge and agree that Third Party Offers are not provided by ALH or a Participating Venue, but by the relevant third parties.

9.2 Third Party Offers may be subject to terms and conditions of the third party supplier and may be withdrawn at any time without notice or giving reasons.  

9.3 ALH and its Related Bodies Corporate exclude and limit liability in relation to Third Party Offers pursuant to the terms of clause 14.

10. Personal Identification Number (PIN)

10.1 ALH may request a Member to select a PIN in a format required by ALH.

10.2 Members must not disclose their PIN to another person or Member.

10.3 A PIN may only be selected or reset by a Member upon presentation of appropriate identification to ALH as outlined in clause 3.5.

10.4 ALH or its Related Bodies Corporate will not be liable for any unauthorised use of Benefits or Rewards as a result of a Monty's Card or mobile phone being lost or stolen or if a PIN has become known to another person.

11. Opt-out/Surrender/ Suspension / Termination of Membership

11.1 If the Member wishes to surrender their Membership they may do so at any time by notifying an ALH Staff Member at a Participating Venue and returning their Monty’s Card or by contacting ALH using the ‘Contact Us’ form on the Website.

11.2 ALH may suspend or terminate a Member’s Membership, where it has determined that a Member has failed to comply with these Terms and Conditions, has engaged in dishonest or fraudulent activity, has been intimidating or disruptive to patrons or staff, is suffering mental incapacity, is causing or is likely to cause reputational damage to ALH and/or its Related Bodies Corporate and/or a Participating Venue or where required to do so by law.

11.3 Membership will immediately and automatically terminate upon the death of the Member.

11.4 Unless ALH determines otherwise, if a Member's Membership has been suspended, that Member will not be entitled to participate in Monty's Rewards, earn any Monty's Points, take advantage of Voluntary Pre-Commitment, take advantage of Benefits, or claim any Rewards pending further notice from ALH.  

11.5 Unless ALH determines otherwise, upon termination of a Member's Membership, any Monty's Points that have been accumulated by the Member will immediately and automatically be deemed surrendered by the Member and cancelled.

11.6 For the avoidance of doubt, if a Member’s Membership is terminated or suspended by reason of the Member becoming self-excluded pursuant to clause 3.9, ALH will afford the Member a reasonable opportunity to redeem their points at a Participating Venue (other than in the gaming room or area).

11.7 Members utilising Monty's Rewards at any Participating Venue in Victoria consent to ALH sending an opt-out notice at least once a year informing Members of their right to opt-out of Monty's Rewards.

11.8 Members utilising Monty's Rewards at any Participating Venue in Tasmania consent to ALH sending self-exclusion information, responsible gambling information and an opt-out notice informing Members of their right to opt-out of Monty's Rewards  at least once a year. 

11.9 If a Member utilising Monty's Rewards at any Participating Venue in Victoria has elected to collect their player activity statement from a Participating Venue and does not collect it within one month after the day on which notice of the availability of the statement is sent by ALH, the Member's Membership will be immediately and automatically suspended until the Member collects the statement. Written notice of such suspension will be sent to the Member.

11.10 If a Member utilising Monty's Rewards at any Participating Venue in Victoria has elected to collect their player activity statement from a Participating Venue and does not collect it within 3 months after the day on which notice of the availability of the statement is sent by ALH, the Member's Membership will be immediately and automatically terminated. Written notice of such termination will be sent to the Member.

12. Voluntary Pre-Commitment

12.1 For Members utilising Monty's Rewards at any Participating Venue other than in Victoria:

12.1.1 Members may utilise Voluntary Pre-Commitment in conjunction with their Monty's Card or in app barcode. Procedures for doing so are set out in the brochure accompanying the Monty’s Rewards application form and as varied and/or replaced from time to time by ALH as detailed on the Website.

12.1.2 If utilised, the Voluntary Pre-Commitment will allow a Member to set a limit on:

(a)  the amount of time, in a 24 hour period determined by ALH, that the Member may play   Games using their Monty's Card or in app barcode; and/or

(b)  the Member's net loss, in a 24 hour period determined by ALH,  on Games played using their Monty's Card or in app barcode.

12.1.3 If a limit referred to in clause 12.1.2 above is reached, the Member will receive an electronic notification superimposed on the screen of the machine upon which the Game is then being played. At that time, although the Member may continue playing Games, the Member will cease to earn Monty's Points as a result of any further Games played before the commencement of trading at a Participating Venue on the next trading day.

12.1.4 If a Member has set a limit referred to in clause 12.1.2 above, any new limit set by the Member that increases the amount of time or net loss, will not take effect until commencement of trading at a Participating Venue on the next trading day.

12.1.5 If a Member has set a limit referred to in clause 12.1.2 above, any new limit set by the Member which decreases the amount of time or net loss, will take effect immediately.

12.1.6 A player activity statement regarding the Member's playing of Games under Monty's Rewards will be made available to the Member on request at a Participating Venue.  The player activity statement will be provided free of charge.

12.1.7 Each Member utilising Monty's Rewards at any Participating Venue in Tasmania consents to ALH providing player activity statements to that Member regarding the Member's playing of Games under Monty's Rewards  at least once a year. If requested by a Member, an additional copy of a player activity statement will be provided to that Member.  If the Member has not elected in their Monty's Rewards application form to receive their player activity statement by post, email or by collection at a Participating Venue, unless ALH is otherwise notified by the Member in writing, the Member will be deemed to have elected to receive their player activity statement by post.

12.1.8 ALH and its Related Bodies Corporate exclude and limit liability in relation to Voluntary Pre-Commitment pursuant to the terms of clause 14.

12.2 For Members utilising Monty's Rewards at any Participating Venue in Victoria:

12.2.1 Members may utilise Voluntary Pre-Commitment in conjunction with their Monty's Card or in app barcode. Procedures for doing so are set out in the brochure accompanying the Monty’s Rewards application form and as varied and/or replaced from time to time by ALH as detailed on the Website.

12.2.2 If utilised, Voluntary Pre-Commitment will allow a Member to set certain limits on:

(a)  the amount of time that the Member may play Games using their Monty's Card or in app barcode; and/or

(b)  the Member's maximum loss, in a certain period  on Games played using their Monty's Card or in app barcode.

12.2.3 If a limit referred to in clause 12.2.2 above is reached, the Member will receive an electronic notification superimposed on the screen of the machine upon which the Game is then being played. At that time, although the Member may continue playing Games, the Member will cease to earn Monty's Points as a result of any further Games played until the relevant period to which the limit relates has expired.

12.2.4    If a Member has set a limit referred to in clause 12.2.2 above, any new limit set by the Member that increases the amount of time or net loss will not take effect until at least 24 hours after the Member has notified ALH of the new limit.

12.2.5 If a Member has set a limit referred to in clause 12.2.2 above, any new limit set by the Member which decreases the amount of time or net loss, will take effect immediately.

12.2.6 Any Member or past Member is entitled to access all information held by ALH relating to that person's participation in Monty's Rewards by making a request at a Participating Venue. This information will be provided free of charge.

12.2.7 A player activity statement regarding the Member's playing of Games under Monty's Rewards will be made available to the Member on request at a Participating Venue.  The player activity statement will be provided free of charge. Each Member consents to ALH providing player activity statements to that Member regarding the Member's playing of Games under Monty's Rewards at least once a year. If requested by a Member, an additional copy of a player activity statement will be provided to that Member. If the Member has not elected in their Monty's Rewards application form to receive their player activity statement by post, email or by collection at a Participating Venue, unless ALH is otherwise notified by the Member in writing, the Member will be deemed to have elected to receive their player activity statement by post.

12.2.8 ALH and its Related Bodies Corporate exclude and limit liability in relation to Voluntary Pre-Commitment pursuant to the terms of clause 14.

13. Privacy 

13.1 By becoming a Member, Members agree that ALH may collect, use and disclose Members' Personal Information in accordance with the Privacy Policy at alhgroup.com.au/privacy.html. It is each Member's responsibility to read the Privacy Policy. If persons do not provide all or some of the Personal Information that is requested, ALH may refuse Membership.13.2 To contact ALH in relation to privacy issues please contact The Privacy Officer at ALH Group, Level 2, 10 Yarra Street, South Yarra, Victoria 3141. ALH may use Personal Information collected about each Member for the purposes set out in the Privacy Policy at alhgroup.com.au/privacy.html.

13.3 ALH may disclose Personal Information collected about Members:

13.3.1 as permitted or required by law or administrative requirement of any government, regulatory or judicial agency or stock exchange;

13.3.2 to Participating Venues, its Related Bodies Corporate or program partners for the purposes referred to in the Privacy Policy at alhgroup.com.au/privacy.html; or

13.3.3 to its third party service providers, contractors, agents and advisors, for the purposes referred to in the Privacy Policy at alhgroup.com.au/privacy.html.

13.4 Generally, ALH uses systems located within Australia. However, from time to time we may send your information overseas to service or product providers or other third parties who operate or hold data outside Australia or its external territories. Where we do this, the overseas recipients are likely to be located in India and U.S.A. and we take reasonable steps to ensure that appropriate data handling and security arrangements are in place.

 13.5 Members expressly consent to receiving marketing and promotional material from ALH, its Related Bodies Corporate, program partners or any existing or prospective Participating Venue in relation to Monty’s Rewards. Members may opt-out of receiving such material by following the process advised to them in that material.

13.6 Members expressly consent to the receipt of marketing and promotional material from ALH, its Related Bodies Corporate, program partners or any existing or prospective Participating Venue by post, SMS, MMS, email or any other electronic form. ALH and its Participating Venues will comply with the Spam Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth) and any other applicable legislation in relation to the sending and their receipt of electronic commercial messages.  Members who receive direct marketing communications are entitled to opt-out of receiving any further direct marketing communications from ALH, its Related Bodies Corporate, program partners or any existing or prospective Participating Venue by following the simple, free and clear opt-out procedures outlined in the relevant direct marketing communication.

13.7 ALH's Privacy Policy contains information about how Members can complain about a breach of the Australian Privacy Principles and how ALH deals with such complaints.

14. Limitation of Liability

 14.1 To the extent that Monty's Rewards and/or anything received by a Member pursuant to these Terms and Conditions constitutes a supply of goods or services to a consumer within the meaning of the Australian Consumer Law, ALH and its Related Bodies Corporate do not exclude, restrict or modify any non-excludable obligations, terms, conditions, guarantees or warranties. In all other respects and to the extent permitted by law:

(a) ALH and its Related Bodies Corporate exclude all liability whether arising in tort (including, without limitation, negligence), contract or otherwise for any personal injury or any other loss or damage (including, without limitation, loss of opportunity, loss of profits or any other monetary loss or damage) whether direct, indirect, special or consequential, arising in any way, whether directly or indirectly, out of Monty's Rewards;

(b) ALH and its Related Bodies Corporate exclude all express and implied warranties relating in any way, whether directly or indirectly, to Monty's Rewards; and

(c) ALH and its Related Bodies Corporate limit liability to allocating to the relevant Member's Monty's Card or in app barcode the number of Points and/or Benefits which ALH considers appropriate in connection with the circumstances in which the relevant claim arose.

15. General

15.1 Unless otherwise specified where ALH or an ALH Staff Member exercises a right or discretion under these Terms and Conditions, it does so in its absolute discretion and without giving notice or reason.

15.2 If any provision of these Terms and Conditions is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these Terms and Conditions and rendered ineffective as far as possible without modifying the remaining provisions of these Terms and Conditions, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms and Conditions.

15.3 ALH's decisions in respect of Monty's Rewards are final and binding.

15.4 Any tax liabilities and other duties arising from the accumulation and redemption of Monty's Points, and the receipt of any Benefits and/or Rewards are and remain the sole responsibility of the Member.