. Individuals acknowledge that at the time of participating, some or all of the Prizes as detailed below may have already been won.
2. This competition (“Competition”) is conducted by Bacardi Lion Pty Limited, ABN 40103911146, of Level 8, 201 Kent Street, Sydney, NSW, 2000 (“Promoter”). Phone number: 02 8249 0300.
3. Entry to the Competition constitutes acceptance of these Terms & Conditions. All entry instructions and prize information published by the Promoter form part of these Terms & Conditions.
4. The Competition is only open to “Eligible Entrants”. An Eligible Entrant is an individual who is a resident of Australia aged 18 years or older as at time of entry, excluding any:
a) employee of the Promoter or any of its related corporations or any of their agencies, printers, suppliers, providers or participating retailers who are associated with the Competition;
b) spouse, defacto spouse, parent, child or sibling (whether natural or by adoption) of an excluded employee; and
c) person who the Promoter has previously notified is not permitted to enter the Promoter’s competitions.
5. The Competition commences at 9.00 hrs Australian Eastern Daylight Time (AEDT) on Tuesday, 12th October 2010 and closes 23.59 hrs AEDT on Thursday, 14th October 2010 (“Promotional Period”).
6. In order to enter and participate in the Competition, an Eligible Entrant must first sign up to become a member of at least one (1) of the following social networks: Facebook, Foursquare or Twitter (“Social Networks”). To become a member of one (1) of the Social Networks, the Eligible Entrant must visit
www.foursquare.com,
www.facebook.com or
www.twitter.com and in accordance with the Social Network’s directions, correctly sign up to the Social Network. A Social Network’s terms of use will apply to the Eligible Entrant’s social network membership. At the time of signing up, the Eligible Entrant will be required to create their own Social Network profile.
7. If an Eligible Entrant uses WAP and/or mobile Internet to participate in the Competition: the Eligible Entrant must be identified as having a clear relationship with the end mobile device and have the bill payer’s consent to use WAP or mobile Internet to participate in the Competition. Accessing mobile content including web-based content may incur data charges. An Eligible Entrant will need to refer to the terms of their carrier contracts for details and costs as costs vary from plan to plan. The charges for all data services will appear on the Eligible Entrant’s next mobile phone bill. All general queries relating to mobile bills should be directed to the Eligible Entrant’s mobile phone carrier.
8. Once the Eligible Entrant has signed up and created a Social Network profile, the Eligible Entrant will be required to become a fan/friend/follower (as relevant) of “Shaggy42” at www. Facebook.com/42BelowAU,
www.Twitter.com/Shaggy42BELOW or
www.Foursquare.com/user/Shaggy42BELOW (as relevant) during the Promotional Period. In order to become a fan/friend/follower (as relevant) of “Shaggy42”, the Eligible Entrant must follow the directions as provided by the Social Network. An Eligible Entrant acknowledges and agrees that as a result of becoming a fan/friend/follower (as relevant) of “Shaggy42”, the Eligible Entrant will receive messages from “Shaggy42” within the Social Network, and such messages will not contain an unsubscribe message, however the Eligible Entrant can unsubscribe from receiving messages from “Shaggy42”, and unsubscribe from the Competition, by following the directions as provided by the relevant Social Network .
9. During the Promotional Period, the Promoter will conduct five (5) challenges (“Challenges”), and offer Eligible Entrants the chance to win one (1) pair of tickets (one (1) ticket for themselves and one (1) ticket for their companion (aged 18 years and over)) to Shaggy’s birthday party on Thursday, 14th October 2010 at 7pm (AEDT) at ‘GoodGod’ (55 Liverpool St. Sydney NSW –
http://www.goodgodgoodgod.com) valued at up to $120.00 each (each, a “Prize”). There will to a total of seventy-five (75) Prizes awarded in this Competition. The time at which the Challenges will be conducted, during the Promotional Period, will be as notified to Eligible Entrants as determined by the Promoter in its absolute sole discretion. The aim of each Challenge is for the Eligible Entrant to be one (1) of the first fifteen (15) Eligible Entrants to locate Shaggy at the relevant location in order to win a Prize.
10. During each Challenge, “Shaggy42” may send Eligible Entrants clues, via a Social Network, as to the location of Shaggy for each Challenge. The number of clues will be determined by the Promoter in its absolute sole discretion. After sending the clues, if any, for a particular Challenge, Shaggy will provide his own location for that Challenge. In order to receive the clues and Shaggy’s location for a particular Challenge via a Social Network, the Eligible Entrant must be a fan/friend/follower (as relevant) of “Shaggy42” on a Social Network, for the duration of the Promotional Period.
11. In order to win a Prize for a particular Challenge, the Eligible Entrant must, within 30 minutes after the time at which the relevant “Shaggy42” location message is sent by “Shaggy42”, be one (1) of the first Eligible Entrants to:
a) visit the relevant location detailed in the “Shaggy42” location message (“Location”);
b) walk up to Shaggy and say the magic words: “Happy 42BELOW”; and
c) be confirmed as eligible to be awarded a Prize by representatives of the Promoter.
12. Representatives of the Promoter will, prior to awarding a Prize, in their absolute sole discretion, determine whether an Eligible Entrant who walks up to Shaggy for the relevant Challenge is eligible, by:
a) confirming the Eligible Entrant said the magic words: “Happy 42BELOW”;
b) confirming that the Eligible Entrant is a fan/friend/follower (as relevant) of “Shaggy42” on a Social Network at the time of walking up to Shaggy;
c) confirming the Eligible Entrant only walked up to Shaggy after the ‘Shout’ “Shaggy42” location message had gone out for that particular Challenge;
d) determining whether the Eligible Entrant has complied with these Terms & Conditions, including the Eligible Entrant’s compliance with Clause 11; and
e) confirming that the Eligible Entrant agrees to the Promoter’s promotional requirements as set out in Clause 14.
13. An Eligible Entrant who does not comply with the requirements of Clause12 (a), (b), (c), (d) and (e) they will be deemed ineligible to win a Prize. If an Eligible Entrant is deemed ineligible to win a Prize, representatives of the Promoter will conduct the same process detailed above in Clause 12 with the next Eligible Entrant who completes the steps in Clause 11, to determine if that Eligible Entrant is eligible to be awarded a Prize.
14. In order to accept a Prize an Eligible Entrant agrees that Representatives of the Promoter can take their photograph and/or video, and that the Promoter may use their name, likeness, image and/or voice, including any photograph, film and/or recording of them or any part thereof, (“Content”) in any media without geographical or time limitation, without further notice, reference or remuneration for the purpose of promoting this Competition, the Promoter and/or any of the Promoter’s products. In order to accept a Prize, an Eligible Entrant agrees that all rights, title, and interest, including copyright, in the Content will become the property of the Promoter upon creation. The Eligible Entrant agrees that, in the event they are a winner, the Eligible Entrant will participate in all reasonable promoted activities in relation to the Competition as requested by the Promoter.
15. The Promoter strongly encourages Eligible Entrants to use caution when approaching someone an Eligible Entrant may believe is “Shaggy42”. “Shaggy42” and representatives of the Promoter will carry identification which indicates that they are a representative of the Promoter and an Entrant should immediately request any person that they approach to show the Eligible Entrant identification confirming that they are a representative of the Promoter.
16. At all times while participating in the Competition, including during any Challenge, Eligible Entrants must not act in a way that the Promoter or its representatives reasonably determine is contrary to community standards, violent, or in a way that could cause injury or harm to other individuals or otherwise compromise the integrity of the Competition. Eligible Entrants who do not comply with this requirement, as determined by the Promoter or its representatives in their sole discretion, will be disqualified and will be not be eligible to win a Prize.
17. If representatives of the Promoter confirm that an Eligible Entrant is eligible to receive a Prize, representatives of the Promoter will record the Eligible Entrant’s details and hand over a Prize on the spot.
18. If no Eligible Entrant is able to make a valid claim for a Prize for a particular Challenge within the 30 minute period following the “Shaggy42” location message, the Promoter reserves the right, in its sole discretion, to award the Prize for that particular Challenge in the next Challenge, if any, to previous Challenge winners or Eligible Entrants.
19. “Shaggy42” will send a message via each Social Network announcing the winner of a particular Challenge. “Shaggy42” will also send a message via each Social Network if a Prize for a particular Challenge is not awarded following expiry of the 30 minute Prize claim period. Each Challenge winner will also be published at
www.42below.com within two (2) weeks of winning a Prize.
20. Total Prize pool value is up to $9,000.00.
21. Acceptance of a Prize is subject to any prevailing terms and conditions of ‘Shaggy’s birthday party’ organisers and the venue ‘GoodGod’ (including but not limited to ground security and ticketing) and in particular, health, behaviour, age and safety requirements. No compensation will be payable if a winner, or their companion, are unable to use any element of a Prize as stated for whatever reason, including refusal of entry or ejection from the GoodGod or participation in certain activities for health, age, behaviour or safety reasons. Any part of a Prize that is not taken for any reason is forfeited.
22. Prizes are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
23. It is a condition of accepting a Prize that a Prize winner must comply with all the conditions of use of a Prize and any Prize supplier requirements.
24. If for any reason the conduct or operation of the Competition is interfered with or disrupted in any way or cannot be conducted in accordance with how the Promoter originally intended, due to reasons beyond the reasonable control of the Promoter (including by vandalism, power failures, natural disasters, acts of God, civil unrest, strikes, dangerous conditions, computer bugs or viruses, tampering, technical failures, or any technical issues with any third party platform, including a Social Network and mobile communication platforms), the Promoter reserves the right to cancel, terminate, modify or suspend or recommence the Competition, or invalidate any individual from participating in the Competition.
25. Without limiting any other provision within these Conditions, the Promoter may, in its absolute sole discretion, call off or alter any Challenge or revise the Shaggy Location, at any stage, including after the Challenge has started, if the Promoter determines that it may be dangerous or injury could result from proceeding with the original Challenge.
26. The Promoter assumes no responsibility for: (i) any technical or electrical issues that may arise in connection with the Competition, including with any third party platform such as on Social Networks; (ii) any incorrect or incomplete information which may be communicated in the course of the administering this Competition; (iii) 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; (iv) any variation in Prize value to that stated in these conditions; (v) if the Competition is cancelled, terminated, modified or suspended; and (vi) any tax liability incurred by a winner or Eligible Entrant. Individuals should obtain independent tax and financial advice. The Promoter does not guarantee that a Social Network service will be available at all times during the Promotional Period or that the Eligible Entrant will be able to access or use a Social Network service during the Promotional Period, and the Promoter will not be held responsible in this regard. CAUTION: ANY ATTEMPT TO CAUSE DAMAGE TO ANY WEBSITE OR THE INFORMATION ON ANY WEBSITE ASSOCIATED WITH THIS COMPETITION OR TO OTHERWISE UNDERMINE THE FAIR AND LEGITIMATE OPERATION OF THIS COMPETITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE EVENT THAT ANY SUCH ATTEMPT IS MADE, WHETHER OR NOT THAT ATTEMPT RESULTS IN ANY SUCH DAMAGE, INTERFERENCE OR UNDERMINING.
27. To the full extent permitted by law, the Promoter, its associated companies and agencies and all those entities’ personnel (the “Relevant Parties”) exclude all liability for any loss (including any damage, claim, injury, cost or expense) which is suffered or incurred by any Eligible Entrant in connection with the Competition or Prizes, including: (i) any indirect, economic or consequential loss; (ii) any loss arising from the negligence of a Relevant Party; (iii) any liability for personal injury or death. It is a condition of accepting a Prize in the Shaggy42 Competition, that any winner signs a participation agreement in a form determined by the Promoter.
28. The Promoter reserves the right, at any stage, to verify the validity of Eligible Entrants (including name, age and place of residence) and disqualify any Eligible Entrant who does not participate in accordance with these conditions or tampers with the entry process. Errors or omission will be accepted in the Promoter’s absolute discretion. Failure to enforce any rights of the Promoter at any stage does not constitute a waiver of those rights.
29. The Competition is in no way sponsored, endorsed or administered by Facebook, Foursquare or Twitter. Eligible Entrants understand that they are providing their information to the Promoter and not to Facebook, Foursquare or Twitter. Any questions, comments or complaints about this Competition must be directed to the Promoter and not to Facebook, Foursquare or Twitter.
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Australian Competitions Club
