Australian Competitions Club

http://jimbeam.com.au/take-a-historic-journey

Since 1795 Jim Beam has been making history delivering the world's No. 1 bourbon. Now it's your turn.

The winner of our Take a Historic Journey promotion picks up a travel prize pack worth $50,000. The $50k will be used to fund your historic journey – complete with epic adventures of your choosing – to the home of Jim Beam, Kentucky U.S.A. where, if you’ve followed the rules, there’ll be another $50k cash waiting for you.

So the more historic your proposed journey, the more likely we are to give you the cash to take it.

(Make sure you read the rules to continue with your Bucket List)
RULES:
Our rules aren’t like others – they’re designed to make sure your journey goes down in history.

The first $50k must be used to create your historic trip to the Jim Beam Distillery. $40k will be used to cover transport, accommodation, food and the fun stuff you’ll do along the way. You’ll be given $5k to spend while you’re travelling and you’ll also receive $5k worth of Jim Beam merchandise, including a camera to record all the highlights.

Just like making Jim Beam, good things take time, so we don’t want to see you just jump on a plane. When it comes to travel, think old school – trains, buses, camels? The rule is: the winner must not travel more than 9,000 air kilometres in total (hot air balloons excluded).

We want to hear why your journey will be remembered forever. What will you and your mates do that will be talked about over a cold Jim Beam? It could be surfing and snowboarding on the same day in California or finding Tokyo’s best karaoke bar. Make your trip sound amazing because this is what we’ll be judging to pick the winner.

Thank you


WIN A HISTORIC JOURNEY
PROMOTION
CONDITIONS OF ENTRY
1.
Information
on how to enter, mechanics of E
ntry and the
Travel Prize f
orm part of these
Conditions of Entry.
E
ntry into the promotion is deemed acceptance of these Conditions of Entry.
Entry is via Int
ernet
only
.
2.
The promot
ion will be conducted
in participating off
-
premise licensed outlets
Australia
-
wide
(
Participating Outlets
)
.
Entry into and continued participation in this promotion is subject always
to the Participating Outlet’s
liquor serving policy
. These Conditions of Entry apply to each
Participating Outlet except where context indicates otherwise.
ELIGIBILITY
3.
Entry is only open to residents of Australia aged
18
years or older
who
, in the event that they are
the
winner,
are able to travel
to
Loui
sville,
Kentucky,
United States of America
(
USA
)
in order to
participate in the
Travel Prize
a
s set out in Conditions
1
6
-
1
8
(
Entrants
). Persons who have been
convicted of any criminal offence, as well as the directors, management and employees (and their
immediate families) of the Promoter, its related entities, printers, suppliers, providers and
agencies whom are directly associated with the conduct of this promotion, are ineligible to enter
the promotion.
PROMOTIONAL PERIOD
4.
The promot
ion starts at 9:00
a
m (AE
S
T) on
1/5
/2013
and ends at
11:59
pm (AE
S
T) on
30/6/2013
(
Promotional Period
).
HOW TO ENTER
5.
To enter the promotion, Entrants must
, during the Promotional Period:
a.
purchase from a
Participating Outlet
any one (1) Jim Beam product (
Eligible
Purchase
)
to
receive
one (1) promotional passport
from
the Participating Outlet’s
sales staff at time of purchase
;
and
b.
access
www.jimbeam.com.au/promotions
(
Promotional Website
) and
fully and
correctly complete and s
uccessfully submit the online entry form, including providing
the Entrant’s full name, date of birth, residential address, contact telephone number,
mobile telephone number (if applicable), current and valid email address and the
Eligible Purchase’s
last 4
digits of the barcode on the receipt
.
Entrants must also
submit a ‘bucket list’ of seven (7) activities
that
they
, in the event they are
the
winner,
would participate in on
their
journey to Kentucky, USA
,
(together, an
Entry
)
.
6.
Keep receipts
and
promotion
al
passports
: Each Entrant must retain and
will
be required to
present proof of each Eligible Purchase in order to
claim
the
Travel Prize
. An Entrant may be
required to provide to the Prom
oter proof of purchase for all E
ntries made. If an Entrant is unable
to pro
vide proof of purchase for all E
ntries made within the req
uired timeframes, then all the
E
ntries of that Entrant will be ineligible and deemed invalid
.
Proof of purchase includes showing
the original and providing a photocopy of the
purchase
receipt
and providing the original
P
romotional
Passport
for each Eligible Purchase made during the Promotional Period
. Purchase
receipts must clearly specify the Participating Outlet where the Eligible Purchase was made and
that the Eligible Purchase was made dur
ing the Promotional Period but prior to
E
ntry. Promotional
Passports
must be intact and must clearly display the Eligible Purchase
’s
promotional code
utilised by the Entrant to enter the promotion.
2
7.
Multiple
Entries accepted
however e
ach
E
ntry must be based
on a separate Eligible Purchase,
must be submitted separately and must independently comply with these Conditions of Entry.
8.
Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of
transmission. Entries received will
be considered final by the Promoter. Incomplete, inaccurate,
erroneous, ineligible or incomprehensible
E
ntries will be deemed invalid. The Promoter accepts
no responsibility for late, lost or misdirected
E
ntries.
Contact details entered incorrectly by an
E
ntrant via
the
Promotional Website
will deem an Entry invalid.
9.
If an
E
ntry is not successful because the promotional code submitted is not recognised by the
Promoter, the Entrant will be prompted
on the Promotional Website
to “try again”
.
The “try again”
m
essage will prompt the Entrant to check the
Eligible Purchase’s
promotional code and resubmit
their
Entry
in the required manner.
10.
The use of any automated E
ntry software or any mechanical, electronic or other means that
allows an Entrant to automatically
enter repeatedly is prohibited and will render all
E
ntries
submitted by that Entrant invalid.
11.
Costs associated with accessing
the
Promotional Website
remain an Entrant’s responsibility and
may vary depending on the Internet
S
ervice
P
rovider
used.
12.
Without
limiting any of the provisions of these Conditions of Entry, the Promoter requires that any
Entry fully complies with these Conditions of Entry and must not include or make reference to the
Intellectual Property Rights of any person
,
including but not limi
ted to any visible logos, drawings,
cartoons, phrases,
trademarks
, copyrighted material, mark that identifies a brand or other third
party materials, unless the Entry is submitted with the written consent of the owner of the
applicable Intellectual Propert
y Rights. An Entry submitted without obtaining such written consent
may result in the Entry becoming invalid for the purposes of this promotion and/or the Entrant
being subject to legal liability. Any Entries that contain content that the Promoter, in its
sole
discretion, considers to be offensive, inappropriate or objectionable in any way or to infringe any
Intellectual Property Rights or other rights of any person, corporation or
entity, will not be
accepted
as
a valid Entry
into the promotion. This inclu
des, but is not limited to, any Entry which
the Promoter considers to be disparaging to its products and/or services or is otherwise not in
keeping with the spirit of this promotion. The decision by the Promoter to accept or reject an Entry
is in the Promo
ter’s sole discretion and no correspondence will be entered into. Once an Entry is
submitted, Entrants acknowledge that the Entry may not be withdrawn, altered or deleted (except
as and where required by the Promoter).
13.
An Entrant may, during
the
Promotion
al Period, be requested by the Promoter to resubmit their
Entry via
the
Promotional Website if the Promoter considers the Entry submitted to be ineligible to
be accepted as an eligible Entry (
Resubmitted Entry
). The decision by the Promoter to request a
Re
submitted Entry, or to accept or r
eject a Resubmitted Entry as a valid
Entry, is in the
Promoter’s sole discretion and no correspondence will be entered into. If a Resubmitted Entry is
accepted by the Promoter, in its sole discretion, as
a valid
Entry, the
Resubmitted Entry will be
deemed to be
an
Entry
of
the Entrant. If a Resubmitted Entry is
rejected by the Promoter as a
valid
Entry, or is not received by the Promoter during the
Promotional
Period, the Entrant will not
have gained an Entry
into the promo
tion
.
JUDGING
14.
All
valid
Entries will be judged by a panel of appropriately qualified judges
by
5/7/2013
at
4 Glen
Street, Milsons Point,
NSW
2061
to determine one (1)
winner
(
Judging
). All
valid
E
ntries will be
judged on a basis of originality and creativ
e merit. This is a game of skill and chance plays no part
in determining the
winner
. The
winner
will be notified in writing
by
12/7/2013
. All reasonable steps
to notify the
winner
of the results of the
J
udging will be taken by the Promoter. Judges’ decisio
n is
final and no correspondence will be entered into.
15.
In the event
that
the Promoter cannot successfully contact the
Entrant who submitted the best
valid
E
ntry within
seven (7) days
of the Judging,
or if the Entrant is ineligible to accept or declines
t
o participate in the Travel
Prize
,
the Promoter may
,
in its sole discre
tion
,
contact the Entrant
3
whose E
ntry was judged to be the next best
valid
E
ntry in the Judging
and invite
them to
participate in the Travel
Prize
. The Promoter will continue this proce
ss until an Entrant has been
successfully contacted and
the Entrant has
confirmed their eligibility to accept and ability to
participate in the Travel
Prize
. For the avoidance of doubt, only once an Entrant has confirmed
their
eligibility to accept and
abi
lity to participate in the Travel
Prize
will the Entrant (subject to
these Conditions of Entry) be deemed the
winner
.
TRAVEL
P
RIZE
16.
The Entrant
who submitted the best
valid
Entry
will be awarded one (1) travel prize to
Louisville,
Kentucky,
USA
for the
Ent
rant
and
any number of
companion
(
s
)
(if any)
aged
18
years or older
to
be determined by the winner
and approved by the Promoter in its
sole discretion
, valued at
up to
AUD
$
100,000
.00
(
Travel
Prize
).
The
Travel Prize
comprises of
the following components
:
a.
o
ne (1)
AUD$
45
,000.00
pre
-
paid travel card
for the winner only
to cover
travel costs
and expenses
up to the
total maximum
value of
AUD$
45
,000.00
,
associated with
the
winner
and their companion(s) (if any) travelling to Louisville, Ke
ntucky, USA
,
including
,
but not limited to,
travel
,
accommodation
, meals
and beverages, room
service, spending money, transport to and from
airport departure
point, other
transfers, destination taxes including arrival and departure taxes (if applicable),
airfare
related taxes and
charges,
insurance, travel insurance,
travel agent fees
and
expenses
,
passports and visas (if applicable).
The
winner
will
develop a
precise
itinerary
and budget with
a representative of the Promoter and an agent nominated by
the Promoter
prior to travel
.
A
ll travel
costs and
expenses
paid for
with
the travel card
must be pre
-
approved by the Promoter in its sole discretion
. Any unused value on the
pre
-
paid travel card
once the winner and their companion(s) (if any) have taken the
Travel Prize and returned
to the Australian capital city airport closest to the winner’s
ordinary residential address will
be
the winner
’
s
to spend in their discretion
. The travel
card is subject to its prevailing terms and conditions of use, including expiry date, and
is
not repla
ceable if lost, stolen or damaged
.
It is a condition of participation in the
Challenge that at least
AUD$40,000.00
of the travel card must be used to create a
trip to Louisville, Kentucky, USA. All travel expenses must be arranged through the
Promoter's no
minated agent. Any amount beyond
AUD$40,000.00
remaining on the
travel card may be used by the winner at their sole discretion
;
b.
one (1)
Jim Beam
merchandise and
media pack
,
containing items
selected by the
Promoter
in its sole discretion,
valued at up to
AUD$
5,000
.00
; and
c.
if the winner and
all of
their companion(s) (if any) undertake
the challenge
to
make
their
own way to Louisville, Kentucky, USA via
checkpoints anywhere in the world
(
Checkpoints
)
as
determined
by the Promoter in its sole discretion prio
r to travel
(
Challenge
), and the winner and
all of
their companion(s) (if any) comp
l
ete the
Challenge
in the manner required and to a reasonable standard as determined by the
Promoter in its
sole and
reasonable discretion
,
AUD$50,000.00
cash
will be provid
ed
to the
winner
only
as one (1) lump sum
payable
by EFT to an account nominated by
the
winner
in writing. The payment will be made
by
12/2
/2014
.
Account details will be
requested from the
winner
by the Promoter at the time of
winner
notification
,
and must
be provided
by the winner
within the timeframe nominated by the Promoter
in its sole
discretion
,
otherwise the
AUD$50,000.00
cash payment will be forfeited
.
It is a
condition of participation in the Challenge that t
he winner and
all of
their companion(s)
(if any) must not travel more than
11 hours by
air via a recognised carrier
during the
ir
participation in the
Challenge
.
Other modes of transport must be used to make it the
rest of the way.
17.
As a condition of accepting and participating in the Travel
Priz
e
, the
winner
and their
companion(s)
(if any)
acknowledge and agree:
a.
that they
may be required
to agree to a code of conduct and/or
sign a
legal
release or
releases in the form determined by the Promoter in its
sole
discretion prior to
participating in
th
e
Travel Prize
;
4
b.
that they
may
be required to participate in the Travel Prize in accordance with any
rules
of engagement
determined by the Promoter in its sole discretion and provided to
the
winner
and their
companion(s)
(if any)
prior to travel
(
Rules
);
c.
that they
may be required to undergo a police check and any other background
checks reasonably required by the Promoter (at the cost of the Promoter), so that the
Promoter may assess
, in its sole discretion,
the suitability of the
winner
and their
companio
n(s)
(if any) to participate in the
Travel Prize;
d.
that the Promoter or its agents may film, photograph and record the
winner
and their
companion(s)
(if any)
during the course of their participation in the Travel
Prize
and
that such footage will be the pr
operty of the Promoter and may be edited;
e.
that the Promoter and its external media partners may use the
winning Entry and the
winner
’s and their
companion
(
s
)’
(if any)
names, likeness, images and/or voices
(including photograph, film or recording of the
same)
from (but not limited to) their
participation in the
Travel Prize
,
in any media for an unlimited period without further
notification, compensation or remuneration for the purpose of promoting
,
publicising
or marketing
this
p
romotion (including the
Tr
avel
Prize and any outcome
)
and/or
promoting any products or services manufactured, distributed and/or supplied by the
Promoter. The
winner
and their
companion(s)
(if any)
agree that
the
y
will participate in
all reasonable promoted activities in relation t
o the promotion as requested
by the
Promoter and its agents;
f.
that
they may be required to document the Travel Prize
on
the
Promotional Website
,
any other social media platform of the Promoter and/or
on their personal social media
platforms
,
which may incl
ude
Facebook, Twitter, Instagram, YouTube, Google+
,
Pinterest, tumblr and/or Flickr
,
as required by the Promoter in its sole discretion,
for
public viewing for an unlimited period of time
.
Use of social media
platforms
generally
is subject to the prevailin
g terms and conditions of use
of the social media
platform
.
The promotion is in no way sponsored, endorsed or administered by, or associated
with
,
any social media
platform
.
The
winner
and their
companion(s)
(if any)
are solely
responsible and l
iable for t
he content of their posts
and any other information they
transmit to other Internet users. To the extent permitted by law,
the
winner
and their
companion(s)
(if any)
agree to indemnify, de
fend and forever hold harmless any
and
all
social media
platform
s
(
a
nd
their
associated agencies and companies
)
used in
conjunction with this promotion
, against any and all losses, actions, claims, costs,
expenses and damages (of any natu
re) which may be incurred by the
winner
and
their
companion(s)
(if any)
in respect of
the
winner
’s
and their
companion
(
s
)’
(if any)
participation in the
Travel Prize
. Any questions, comments or complaints about the
promotion must be directed to the Promoter and not to
any social media
platform
used in conjunction with this promotion
.
18.
The
Travel Prize
must be
booked and travelled in full by
12/1/2014
or the
Travel Prize
is
forfeited.
Redemption of the
Travel Prize
is
subject to availability and may be dependent on travel class
availability, specific room category availability, the availabil
ity of any other applicable
Travel Prize
suppliers
or representatives of the Promoter, and any travel ‘blackout’ periods applying (including
but not limited to
Christmas, New Year, Easter, school holidays and public holidays).
Once
booked, a
ny extension or
variation
to the Travel Prize itinerary
will be at the cost and responsibility
of the
winner
and their
companion(s)
(if any)
. All components of the
Travel Prize
must be taken
together and when offered or are forfeited. Any element of the
Travel Prize
not
taken will be
deemed to be forfeited. The
winner
and their
companion(s)
(if any) must travel together and
depart from and return to the same departure point and participate in the
Travel Prize
together at
all times. The
winner
and their
companion(s)
(if an
y) may not accrue frequent flyer points.
Participation in the
Travel Prize
and any tickets, passes or vouchers issued as part of the
Travel
Prize
may be subject to prevailing
Travel Prize
supplier
terms and conditions of use. The
Travel
Prize
cannot be use
d in conjunction with travel discounts or special offers. All components of the
Travel Prize
are to be arranged by
a representative of the Promoter and
/or
an agent nominated by
the Promoter in its sole discretion.
5
19.
All additional costs
occurred in acceptan
ce and
participation in
the Travel Prize in excess of
AUD$
45
,000.00
are
NOT included in the
Travel Prize
and remain the sole responsibility of the
winner
and their
companion(s)
(if any).
The
winner
may be required to present a credit card at
time of accomm
odation check
-
in.
20.
The
winner
i
s solely responsible for their e
ntry and the entry of their
companion(s)
(if any)
into
Louisville,
Kentucky,
USA
,
all
Checkpoint
s (if applicable) and any
other destination
in the Travel
Prize
at their own expense, including
ensuring
that
all necessary passports are valid for six (6)
months from date of travel
, and that
visas, travel authorisations, medical advice and
recommended vaccinations and immunisations have been obtained prior to travel and, if required,
on or by a dat
e nominated by the Promoter. Failure to do so may result in the
Travel Prize
being
forfeited.
The Promoter recommends that the
winner
and their companion(s)
(if any) obtain travel
insurance before taking the
Travel Prize
.
21.
Taking the
Travel Prize
is subject
to
the Rules (if any) and
any prevailing terms and conditions of
any accommodation/transport/experience/services/transfers/travel insurance or tour providers,
and in particular, health, behaviour, age and safety requirements. The
winner
and their
companio
n(s)
(if any) must follow
the Rules (if any) and
all reasonable directions given by the
Promoter and any
Travel Prize
supplier during the course of their participation in the
Travel Prize
,
including all directions in relation to health,
age,
behaviour, saf
ety and
legal and
responsible
consumption of alcohol
.
No compensation will be payable if the
winner
or their
companion(s)
(if
any) are unable to use any element of the
Travel Prize
as stated for whatever reason, including
refusal of entry or departure into
or out of
Kentucky
, USA,
any Checkpoint (if applicable) or other
destination,
or participation in any other activities for health, age, behaviour or safety reasons.
The
winner
and their
companion(s)
(if any)
must also obey all prevailing laws and regulati
ons of
Kentucky
, USA
,
all
Checkpoint
s
(if applicable)
and any
other destination
when participating in the
Travel Prize
. If the
winner
or
their
companion(s)
(if any)
fail to participate in the
Travel Prize
in the
manner required, as stated in this condition
and in the rea
sonable opinion of the Promoter or
any
Travel Prize
supplier, the balance of the
Travel Prize
will be forfeited with no compensation
payable.
22.
Participation in
the
Travel Prize
may include car hire. Vehicle is subject to availability and
car
hire
is subject to the
car
-
rental company's normal rental terms and conditions. It is a condition that the
hirer holds
a current valid Australian driver's licence. The Promoter accepts no responsibility for
damage or mistreatment to the hire car caused by
the hirer. The Promoter will not be liable for
any additional expenses incurred by the hirer through mistreatment, illegal behaviours, or a
violation of the car hire's terms and conditions of use. All insurance, petrol, fines and damage
costs, and any ot
her related expenses, will be the responsibility of the
winner
and their
companion
(
s
) (if any)
.
23.
The
winner
and their
companion(s)
(if any) acknowledge that the
Travel Prize
may involve a
dangerous activity, which may result in injury or death, and particip
ate at their own risk. The
winner
and their
companion(s)
(if any): (a) must attend, undergo and pass any appropriate
training, briefings, safety demonstrations, required medical tests and other requirements
(including blood a
lcohol testing) of the Promoter
and/or
a
ny
Travel Prize
supplier as determined
by them in their absolute discretion; (b) must declare to the Promoter
and/or
a
ny
Travel Prize
supplier
any health
-
related issues that may affect his/her safe participation in any part of the
Travel Prize
and
obtain a written clearance from their doctor in this respect; (c) must not have any
heart condition or history thereof, or other medical conditions that would make it dangerous to
participate in any part of the
Travel Prize
; (d) must not be under the infl
uence of any drugs; (e)
may consume alcohol in moderation but must not be under the influence of alcohol during any
activities to the extent that it impairs or affects their understanding, judgment or participation in the
activities, and subject to any lim
itations of a
ny
Travel Prize
supplier
and the prevailing laws and
regulations of Kentucky, USA, all
C
heckpoints (if applicable) and any other destination in the
Travel Prize
; (f) must comply with all directions of the Promoter
and/or
a
ny
Travel Prize
suppl
ier
and relevant officials; and (g) must wear all safety and other equipment req
uired. The Promoter
and/or
a
ny
Travel Prize
supplier in their absolute discretion: (a) reserve the right to refuse to allow
the
winner
or their
companion(s)
(if any) to take pa
rt in any or all aspects of the
Travel Prize
if they
reasonably believe the
winner
or their
companion(s)
(if any) poses a safety risk or for any other
reason; and (b) may cancel the relevant component of the
Travel Prize
if the conditions are
6
deemed danger
ous. No compensation will be payable if the
winner
or their
companion(s)
(if any)
are unable to use any element of the
Travel Prize
as stated for whatever reason, including refusal
of participation in c
ertain activities for health, age, behaviour or safety
reasons.
24.
The Promoter reserves the right to disqualify the
winner
or their
companion(s)
(if any)
, prohibit the
winner
’s or
their
companion
(
s
)’
(if any)
participation in the
Travel Prize
or any component of the
Travel Prize
, or otherwise cease to provide a
ny
Travel Prize
benefit to the
winner
or
their
companion(s)
(
if any
)
,
if the
winner
or
their
companion(s)
(if any)
act in a way, or cause material to
be published, which the Promoter in its sole discretion deems to be inappropriate, aggressive,
defamatory,
offensive, or contrary to law
or the Rules (if any)
, to diminish the good name or
reputation of any
Travel Prize
supplier a
nd/
or the Promoter, its products and/or services or any of
its related bodies corporate, or is otherwise not in keeping with the spi
rit of the promotion. For the
avoidance of doubt, the
winner
can be disqualified after the
winner
is notified and published if the
winner
is found to have not acted in accordance with these Conditions of Entry. Failure by the
Promoter to enforce any of its
rights at any stage does not constitute a waiver of those rights.
25.
The Winner
acknowledges and agrees
that
, i
n the event
they
accept the
Challenge,
the award of
the
AUD$50,000.00
cash payment
is subject to the
winner
and all of their companions (if any)
c
ompleting
the Challenge
in full in the manner required and to the reasonable satisfaction of the
Promoter, in its sole and reasonable discretion. Where
the Challenge
is not completed in this way,
the
cash payment
in its entirety
will not be earned by
the w
inner
and will not be awarded by the
Promoter. The Promoter’s decision is final and no correspondence will be entered into.
26.
Total maximum
Travel Prize
value is
up to
AUD
$
100,
0
00.00
. The
Travel Prize
is not transferable
or exchangeable
and cannot be taken
as cash (unless otherwise indicated)
. The
Travel Prize
must be taken as offered and cannot be varied. The Promoter accepts no responsibility for any tax
implications that may arise from the
Travel Prize
. Independent financial advice should be sought.
The P
romoter accepts no responsibility for any variation in
Travel Prize
value. The
Travel Prize
value is the recommended retail price including GST, depending on point of departure
and
completion of the Challenge
in the manner required by the Promoter
.
C
ONTENT
OBLIGATIONS
27.
Any Entries that contain content that the Promoter, in its sole discretion, considers to be one (1) or
more of the following content types will not be accepted as
valid
Entries into the promotion:
a.
content that does not strictly comply with th
e Entry requirements as set out in these
Conditions of Entry and on
the
Promotional Website;
b.
content that contains, depicts, alludes to or promotes offensive, lewd or il
legal
behaviour or any swearing
or smoking;
c.
content that does not comply with the Alcoh
ol Beverages Advertising Code, including
but not limited to content that depicts people who appear to be intoxicated or under
the influence of drugs, content that encourages under
-
age drinking or the excessive
consumption, misuse or abuse of alcohol bevera
ges, content that challenges or dares
people to drink or sample a particular alcohol beverage (other than low alcohol
beverages) and/or contains any inducement to prefer an alcohol beverage because of
its higher alcohol content, and
content
that encourages
alcohol consumption that is in
excess
of or inconsistent with the National Health and Medical Research Council
Australia
n
Alcohol Guidelines as set out in Condition
4
3
;
d.
content that parodies, disparages or makes fun of in any way the Promoter;
e.
content tha
t is patently offensive and promotes racism, bigotry, hatred or physical
harm of any kind against any group or individual;
f.
content that harasses or advocates harassment of another person;
g.
content that exploits people in a sexual or violent manner;
h.
conten
t that contains nudity, violence, or offensive subject matter or contains a link to
an adult website;
i.
content that solicits personal information from anyone;
j.
content that provides any telephone numbers, street addresses, last names, URLs or
email address
es;
7
k.
content that promotes information that an Entrant knows is false or misleading or
promotes illegal activities or conduct that is abusive, threatening, obscene,
defamatory or libellous;
l.
content that promotes an illegal or unauthorised copy of another
person's copyrighted
work, such as providing pirated computer programs or links to them, providing
information to circumvent manufacture
-
installed copy
-
protect devices, or providing
pirated music or links to pirated music files;
m.
content that involves the
transmission of "junk mail," "chain letters," unsolicited mass
mailing, instant messaging or "spamming";
n.
content that furthers or promotes any criminal activity or enterprise or provides
instructional information about illegal activities including, but no
t limited to, making or
buying illegal weapons, violating someone's privacy, or providing or creating computer
viruses;
o.
content that solicits passwords or personal identifying information for commercial or
unlawful purposes from other users;
p.
content that
involves commercial activities and/or sales without the Promoter’s prior
written consent such as contests, sweepstakes, barter, advertising, or pyramid
schemes;
q.
content that contains any viruses, Trojan horses, worms, time bombs, cancelbots,
easter eggs
or other computer programming routines that may damage, modify,
delete, detrimentally interfere with, surreptitiously intercept, access without authority
or expropriate any system, data or personal information;
r.
content that has been used in previous market
ing materials or promotions for any
third party or where any third party has been granted use of that content for any
purpose whatsoever, including commercial purposes;
s.
content that includes an image or reference to another person that
an
Entrant has
submi
tted without that person's consent; or
t.
content that uses sexually suggestive imagery or any unfair, misleading or deceptive
content.
28.
By entering this promotion, an Entrant warrants to the Promoter:
a.
t
hat they are aged
18
years or older;
b.
that the Entry su
bmitted is original;
c.
that they have the authority and all permissions necessary to submit their Entry;
d.
that they own the content of their Entry for use and sale in any manner in any media
and in any form worldwide and have the right to assign such copyrigh
t ownership in
perpetuity to the Promoter;
e.
that their Entry does not violate the privacy rights, copyright, contract rights or other
rights (including, but not limited to, Intellectual Property Rights) of any person,
corporation or entity;
f.
in respect of E
ntries that include images or references to third parties, that the third
parties are aged 18 years or older
(except where such people appear only as part of a
natural crowd or background scene
and where there is no implication that they have
consumed alco
hol beverages);
g.
in respect of Entries that include images or references to third parties or third party
property, that they have, before submitting their Entry, obtained the required written
consents and releases from those third parties (or third party pr
operty owners) to
include such images or references in their Entry and submit that Entry into this
promotion;
h.
in respect of Entries that include images or references to third parties, that the third
party participant has been informed by the Entrant and ag
rees in writing that such
third party participant’s image or reference may be used and sold by the Promoter in
any media and in any form for an unlimited period of time without remuneration or
compensation to the third party participant for the purpose of
promoting, publicising or
marketing this promotion (including any outcome), promoting any products and
services manufactured, distributed and/or supplied by the Promoter;
i.
that their Entry does not contain content that is illegal, contrary to any Laws, ind
ecent,
obscene, threatening, discriminatory, harassing, in breach of any confidence,
defamatory, libellous, offensive or objectionable;
8
j.
that their Entry does not contain content that is contrary to the requirements or
directions of relevant Regulators;
k.
tha
t their Entry does not contain content that has been used in previous marketing
materials or promotions for any third party or where any third party has been granted
use of that content for any purpose whatsoever, including commercial purposes;
l.
that their
Entry does not contain content that contains any viruses, Trojan horses,
worms, time bombs, cancelbots, easter eggs or other computer programming routines
that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept,
access with
out authority or expropriate any system, data or personal information;
m.
that their Entry does not contain any misrepresentations or suggestion that any entity
has the approval or sponsorship of any other entity which it does not have;
n.
that during the cours
e of creating their Entry, their conduct was not illegal, contrary to
any Laws, indecent, obscene, threatening, discriminatory or harassing to any person;
and
o.
that the Entrant agrees that their Entry may be used by the Promoter in any media
and in any form
for an unlimited period of time without remuneration or compensation
for the purpose of promoting, publicising and/or marketing this promotion (including
any outcome) and/or promoting any products and services manufactured, distributed
and/or supplied by
the Promoter and/or the Promoter generally.
29.
Each Entrant indemnifies, and must defend and hold harmless, the Promoter and its employees,
servants, agents and contractors, from and against all Losses arising from: a breach by the
Entrant of any of these C
onditions of Entry; any third party claim arising directly or indirectly from
a breach by the Entrant of any of these Conditions of Entry; a negligent, wilful or otherwise
wrongful act or omission of the Entrant; fraudulent or dishonest acts or omissions b
y the Entrant;
any breach by the Entrant of any applicable Laws; any claim by any third party (including
individuals, legal entities and governmental departments or agencies) arising directly or indirectly
as a result of the Entrant entering this promotion
; the death of, or personal injury to, any person or
any damage to, or loss or destruction of, any real or tangible personal property, to the extent
caused by any act or omission of the Entrant; and any claim or allegation that the Entrant’s Entry
infringe
s a third party’s Intellectual Property Rights or constitutes an unlawful disclosure or misuse
or misappropriation of another parties trade secret or confidential information.
30.
By entering this promotion,
Entrant
s
absolutely and unconditionally assign to t
he Promoter (and
agree to use their best endeavours to procure any relevant third parties to absolutely and
unconditionally assign to the Promoter) all right, title and interest in all Intellectual
Property Rights
in their
Entry
.
Each
Entrant
must, upon re
quest by the Promoter, execute all documents and
perform all acts necessary to vest all Intellectual Property Rights in their
Entry in the Promoter.
Each
Entrant
expressly consents pursuant to the moral rights provisions in the
Copyright Act 1968
(Cth) to
the Promoter having an unfettered right to treat
their
Entry in any manner at its sole
discretion, to alter the
ir
Entry in any manner and to the Promoter not attributing authorship of the
ir
Entry to the
Entrant
.
31.
All right, title and interest in all Intel
lectual Property Rights in
the Promotional Website and
all of
the Promoter’s brands, logos, trading
names, products and/or services
will remain or be vested in
the Promoter. Participation in this promotion by an Entrant will not under any circumstances be
taken to constitute a transfer, assignment or grant of any ownership rights in any of the Promoter’s
brands, logos, trading names and products and/or services. The Promoter, on a case by case
basis and to the extent required, grants to each Entrant a non
-
e
xclusive licence for the
Promotional Period
to use
the Promoter’s brands, logos, trading names and products and/or
services solely for the purpose, and to the extent necessary, to enable each Entrant to use
the
Promotional Website in the manner require to
submit their Entry.
32.
Entrants are solely responsible and liable for the content of their Entries and any other information
they transmit to other Internet users. The Promoter may delete or request the deletion of any
content posted on
the
Promotional Websi
te
and any of its social media platforms
in accordance
with
their
prevailing terms and conditions of use. The Promoter is not responsible and excludes all
liability (to the greatest extent allowable by law) for the content of any Entries submitted for the
purposes of this promotion (including but not limited to any illegal, incorrect or inaccurate content
or third party advertising).
9
33.
A Regulator or any member of the public may wish to submit a notice, request, direction,
complaint or instruction (
Notificat
ion
) to the Promoter in respect of any Entry. Except for
Regulators, Notifications must be submitted to the Promoter in accordance with the process
advised by the Promoter on
the
Promotional Website
to
marketi
ng@beamglobal.com
. If, during
the Promotional Period, the Promoter receives a Notification in respect of any Entry, the Promoter
will consider the issues raised in the Notification and determine, in its sole discretion, whether the
relevant contribution s
hould be removed. The Entrant acknowledges and agrees that the
Promoter may, without any liability, take any steps necessary in order to respond or comply with a
Notification (to the extent the Promoter is legally authorised and obliged to do so) to ensure
compliance with any relevant Laws and/or the requirements of a Regulator and may take these
steps at any time and without further notice to the Entrant.
GENERAL
34.
Entrants can only enter in their own name. Entrants who provide incorrect, misleading or
fraud
ulent information are ineligible to partic
ipate in the promotion and all E
ntries of an Entrant
who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information
may, at the discretion of the Promoter, be deemed invalid. The Pro
moter reserves the right to
request the Entrant produce (within the requested time) appropriate photo identification or other
documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the
Entrant’s identity, age, residentia
l address, eligibility to enter and claim the
Travel Prize
(including
proof of Eligible Purchase)
and any information submitted by the Entrant in entering the
promotion, before issuing the
Travel Prize
and/
or as and when required during participation in th
e
Travel Prize
. If the documentation required by the Promoter is not received by the Promoter (or its
nominated agent) or an Entrant or
E
ntry has not been verified or validated to the Promot
er’s
satisfaction then all the E
ntries of that Entrant will be ine
ligible and deemed invalid.
35.
The Promoter reserves the right to
request the
winner’s
companion(s)
(if any) produce (within the
requested time) appropriate photo identification or other documentation (to the Promoter’s
satisfaction, at its sole discretion) i
n
order to confirm the
companion
(s)’
(if any) identity and age
before issuing the
Travel Prize
and/
or as and when required during participation in the
Travel
Prize
.
36.
The Promoter reserves the right to verify the validity of any and all
E
ntries and reserves
the right
to disqualify any Entrant for: (a) tampering with the
E
ntry process; (b) submitting an
E
ntry which is
not in accordance with these Conditions of Entry; or (c) if the Entrant is engaged in any unlawful
or other improper misconduct calculated to je
opardise the fair and proper conduct of the
promotion. The Promoter’s legal rights to recover damages or other compensation from such an
offender are reserved. The
Travel Prize
will only be awarded following any
winner
and/or
promotional code validation an
d verification that the Promoter requires in its sole discretion.
37.
Any attempt to cause malicious damage or interference with the normal functioning of
the
Promotional Website
or the information on
the
Promotional Website
,
or to otherwise undermine
the leg
itimate operation of this promotion
,
may be a violation of criminal and civil laws and should
such an attempt be made, whether successful or not, the Promoter reserves the right to seek
damages to the fullest extent permitted by law. If the Promoter suffer
s loss or incurs any costs in
connection with any breach of these
C
onditions of
E
ntry or any other legal obligation by an
Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.
38.
If the
Travel Prize
or element of the
Trave
l Prize
becomes unavailable, for any reason beyond the
Promoter’s reasonable control, then a comparable prize or prize element of equal or greater
value
will be awarded in lieu
.
39.
If this promotion is not capable of running as planned for any reason
beyond
the reasonable
control of the Promoter
, including but not limited to war, terrorism, state of emergency or disaster
(including natural disaster), infection by computer virus, bugs, tampering, unauthorised
intervention, technical failures or anything which
corrupts or affects the administration, security,
fairness, integrity or proper conduct of this promotion, the Promoter reserves the right, in its sole
10
discretion, to cancel, terminate, modify or suspend the promotion and/or, if necessary, to provide
an al
ternative prize to the same value as the original
Travel Prize
.
40.
The Promoter, its associated agencies and companies excludes all liability (including negligence)
except for any liability that cannot be excluded by law, for any direct or indirect injury, lo
ss and/or
damage arising in any way out of the promotion. This includes, but is not limited to: (i) technical
malfunctions, delays or failures, including those resulting from accessing any materials related to
this promotion and any incorrect, inaccurate o
r incomplete information communicated in the
course of, or in connection with, this promotion as a result of any technical malfunctions, delays or
failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged
E
ntries,
Travel
Prize
claims
or the
Travel Prize
; and/or (iv) acceptance and/or use of any element of the
Travel Prize
.
41.
The Promoter collects personal information about an Entrant to include the Entrant in the
promotion and, where appropriate, award the
Travel Prize
. If
the personal information requested is
not provided, the Entrant cannot participate in the promotion and is deemed ineligible. An Entrant
also agrees that the Promoter may, in the event the Entrant is the
winner
, publish or cause to be
published the
winner
’
s
winning
Entry,
name and loca
lity in any media
. An Entrant can gain access
to, update or correct any personal information held by the Promoter by contacting the Promoter’s
Privacy Officer at:
marketing.au@
beamglobal.com
. All personal information will be stored at the
office of the Promoter. A copy of the Promoter’s Privacy Policy in relation to the treatment of
personal information collected may be obtained by contacting the Promoter.
42.
By participating in t
he promotion, an Entrant also acknowledges
that a further primary purpose for
collection of the Entrant’s personal information by the Promoter is to enable the Promoter to use
the information to assist the Promoter in improving goods and services and to co
ntact the Entrant
in the future with information on special offers or to provide the Entrant with marketing materials
via any medium including mail, telephone and commercial electronic messages (SMS (Short
Message Service), MMS (Multimedia Message Service)
, IM (Instant Messaging) and email) or any
other form of electronic, emerging, digital or conventional communications channel whether
existing now or in the future. The Promoter may share information with its Australian related
companies or promotional par
tners who may contact the Entrant with special offers in this way. By
entering the promotion, an Entrant acknowledges and agrees that the Promoter may use the
Entrant’s personal information in the manner set out in this condition.
43.
The Promoter encourages c
onsumers to enjoy alcohol in moderation. Legal aged consumers are
advised to consider the 'low risk drinking' guideline recommended in the National Health &
Medical Research Council Australian Alcohol Guidelines which states: for healthy men and
women, dri
nking no more than two (2) standard drinks on any day reduces your risk of harm from
alcohol
-
related disease or injury over a lifetime. Drinking no more than four (4) standard drinks on
a single occasion reduces the risk of alcohol
-
related injury arising f
rom that occasion. A full
version of the guidelines is available at:
http://www.nhmrc.gov.au/_files_nhmrc/file/publications/synopses/ds10
-
alcohol.pdf
. Participa
tion
in the promotion is subject to relevant liquor legislation in each applicable State or Territory,
including responsible service of alcohol. Consumers are also encouraged to visit the Australian
Government’s information site for alcohol at
www.alcohol.gov.au
.
44.
In these Conditions of Entry: “
Intellectual Property Rights
” means all present and future rights of
whatever nature anywhere in the world including, but not limited to, rights in respect of or in
connection w
ith copyright, inventions (including patents), trade marks, service marks, trade
names, domain names, designs, confidential information, trade secrets and know
-
how and similar
industrial, commercial and intellectual property rights, whether or not register
ed or registrable, and
includes the right to apply for the registration of such rights, and whether existing in Australia or
otherwise. “
Laws
” means all laws including rules of common law, principles of equity, statutes,
regulations, proclamations, ordinan
ces, by
-
laws, rules, regulatory principles and requirements,
statutory rules of an industry body, statutory mandatory codes of conduct, writs, orders,
injunctions, judgments, and Australian generally accepted accounting principles. “
Losses
” means
loss, dam
age, liability, charge, expense or cost (including all reasonable legal and other
professional costs on a full indemnity basis) of any nature or kind. “
Regulators
” means any
regulatory agency or any private entity that functions in a quasi
-
regulatory manne
r, having any
11
applicable jurisdiction and includes the Advertising Standards Bureau, the Australian Association
of National Advertisers, the Australian Communications and Media Authority, the Commonwealth
Department of Broadband, Communications and the Dig
ital Economy, the Australian Competition
and Consumer Commission, the Office of the Australian Information Commissioner, the
Classification Board, the Telecommunications Industry Ombudsman and any authority, agency or
entity that is substituted for, or tak
es over the functions of, any of those organisations.
45.
Promoter
: Beam Global (Australia) Pty Ltd (ABN 85 003 953 357) of Building 2, 49 Frenchs
F
orest Road, Frenchs Forest NSW
2086.