TERMS AND CONDITIONS
1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Promotion commences at 12:00pm (AEST) on Friday 29 March 2024 and ends at 2:00pm (ACDT) on Tuesday 2 April 2024 (“Promotional Period”).
3. Entry is only open to residents of Australia (excluding Northern Territory residents) aged 18 years or over (“Eligible Entrants”).
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. To enter, Entrants must:
a. Leave a comment on the relevant post ‘tagging’ another Instagram Account; and
b. Ensure their Instagram posts are public for the duration of the competition so that Coopers Brewery can view and assess their entry.
6. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s full name, email address, age and place of residence) and to, in its sole discretion, 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.
7. Incomplete or indecipherable entries will be deemed invalid.
8. Costs associated with accessing any webpage associated with or required for this Promotion, or otherwise entering the Promotion, remain the responsibility of the Entrant and may vary depending on the internet service provider used.
9. 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.
10. Multiple entries are not permitted, and each Entrant is limited to one (1) entry, regardless of the number of comments made.
11. Entries will be deemed accepted at the time of receipt by the Promoter, and not at the time of transmission. The Promoter accepts no responsibility for late, lost or misdirected entries. Errors or omissions in entries may be accepted at the Promoter’s sole discretion.
12. This is a game of chance, and the winners will be drawn randomly from Eligible Entries. The first Eligible Entries drawn will win. The Promoter’s decision is final, and no correspondence will be entered into.
13. The draw will take place at 461 South Road Regency Park SA 5010 on Monday 1 April 2024 at 12:00pm (midday). The first (1) Entry drawn will win the prize as advertised in the Promotion. The Promoter may draw additional reserve entries and record them in order, in case an invalid entry or ineligible entrant is drawn, or a winner is otherwise unable or unwilling to collect their prize. The winner will be contacted via direct message ‘Inbox’ on Instagram to advise they have won within 24 hours of the draw.
14. There is one (1) prize to be won. The Prize consists of one (1) double pass to see Ocean Alley perform live in Adelaide at Point Malcolm Reserve, Sempahore Park, SA on Saturday 6 April 2024, valued at $223.94 RRP. The total prize pool for the promotion is $223.94 comprised of one (1) individual prize. One (1) individual winner will be selected.. The Prize is not transferable. The identifiable owner/s of the Instagram account selected as a winner must be the collector of the Prize.
15. The Promoter encourages consumers to enjoy alcohol responsibly. Legal aged consumers are advised to consider the safe drinking levels recommended in the National Health & Medical Research Council Australian Alcohol Guidelines that are available at www.nhmrc.gov.au.
16. The Prize will be emailed to the winner, once they have accepted the Prize and provided information required for delivery.
17. The Promoter’s decision is final and no correspondence will be entered into.
18. If for any reason the conduct or operation of the Promotion is interfered with or disrupted in any way by a cause outside the reasonable control of the Promoter (including by vandalism, power failures, natural disasters, acts of God, civil unrest, strikes, tampering, computer bugs or viruses or technical failures), the Promoter reserves the right, subject to any written directions of the lottery authorities, to cancel, terminate, modify or suspend or recommence the Promotion.
19. If any prize is unavailable, the Promoter, in their discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
20. Prizes are not transferable or exchangeable and cannot be taken as cash. Should the competition be cancelled or rescheduled, the prize value will not be refunded or awarded to the winners of the prize. If for whatever reason the winner(s) are unable to receive their prize, Coopers Brewery reserves the right to re-distribute the prize and award to runner-up entrants.
21. Prize values are correct as at the date of preparing these Terms and Conditions, are provided for in Australian Dollars, and include all applicable GST.
22. If Coopers Brewery is unable to contact the winner within (24) hours of the draw and Coopers Brewery has made every effort to contact them with the information provided by the entrant then Coopers Brewery will award the prize to another valid entrant.
23. 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.
24. Participation in this Promotion is considered acceptance of the following:
a. A complete release of Meta/Instagram by any entrant or participant;
b. An acknowledgement that this Promotion is in no way sponsored, endorsed or administered by, or associated with Meta/Instagram; and
c. That the information provided by each entrant is provided to the Promoter (as detailed in these Terms and Conditions) and not to Meta/Instagram respectively.
25. Participation and entry in this Promotion is conditional upon the entrant complying with all rules, regulations and guidelines set down by Meta/Instagram.
26. Entrants acknowledge that their Instagram profile photograph may be featured on the Application and/or any associated Instagram page for public viewing. Instagram membership and the use of Instagram generally are subject to the Instagram prevailing terms and conditions of use available at https://www.facebook.com/terms.php/. Entrants understand that they are providing their information to the Promoter and not to Meta/Instagram. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other internet users via Instagram. To the extent permitted by law, each Entrant agrees to indemnify, defend and forever hold harmless, Meta/Instagram and its associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by an Entrant in respect of the Entrant’s participation in the promotion. Any questions, comments or complaints about this Promotion must be directed to the Promoter and not to Meta/Instagram.
27. 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, 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.
c. Any cost associated with accessing Instagram/Facebook is the entrant’s responsibility and is dependent on the Internet service provider used.
28. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter the Promotion repeatedly is prohibited and will render all entries submitted by that entrant invalid.
29. 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.
30. Except for any liability that cannot by law be excluded, including the No 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 party event is 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. attendance at the prize event.
31. As a condition of accepting a prize, each winner may be required to 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.
32. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information 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 information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries become the property of the Promoter.
33. The Promoter is Coopers Brewery Limited (ABN 13 007 871 409) of 461 South Road, Regency Park, South Australia 5010.