https://www.facebook.com/SolBeerAustralia/app_124020957764832STANDARD COMPETITION TERMS AND CONDITIONS
A. Specific Conditions
Item 1 Competition Name Sol Beer Chill Out Promotion (referred to as the Competition)
Item 2 Competition Type Game of skill
Item 3 Permit N/A
Item 4 Promoter The promoter is Pinnacle Liquor Group. Level 3, 1 Woolworths Way Bella Vista. NSW 2153
Item 5 Website
www.facebook.com/solbeeraustralia Item 6 Entry Restrictions (i)
Age– Entrants must be aged 18 years and over at the time of entry. Item 7 Method of Entry The Competition can be entered online at the website via the Facebook platform.Individuals must “Like” the website on the Facebook platform page before entering. Existing fans of the page are automatically eligible.Entrants must access the promotional application on the landing page or tab of Website in the manner required.
Entrants must fill out their details and in 25 words or less explain why they deserve to go on the ultimate chill out adventure to Mexico with two friends and upload an image inspired by this answer.The image must be:
1) less than 5MG in size
2) one (1) of the following formats: jpeg, gif or png
Entrants must accept the promotion’s terms and conditions to be accepted as a valid entry.
Item 8 Competition Entry Opens 2.00pm AEDT on Friday 18th January 2013
Item 9
Competition Entry Closes 11:59pm AEDT on Monday 25th February 2013 Item 10 Competition Judged The Competition will be judged on Wednesday 27th February by 6:00pm AEDT.
Item 11 Drawing Details N/A
Item 12 Notification Date Winners will be notified by Monday, 4th March 2013 by 6:00pm AEDT.
Item 13 Notification Method Winners will be notified by email and mobile phone.
Item 14 Draw Publication Details N/A
Item 15 Prize There will be one (1) major prize winner who will win the following prize, subject to the Special Conditions, for the winner and twp guest (s) (if any):
Three adult return economy flights for the winner and two guests from the winners nearest capital city airport to Cancun in Mexico (inclusive of airfare related taxes and charges).
Transfers to and from airport to accommodation
Five nights accommodation at a minimum 4 star retreat hotel in Tulum, Mexico (twin share or similar).
Day trip to a cenote in Santa Cruz
Copy of Ministry of Sounds Chill Out Cd
Total Prize Pool valued at up to $10,000.00 There are no runner up prizes
Item 16 Unclaimed Prize Draw N/A
Item 17 Special Conditions
One entry per person permitted. Any subsequent entry after the first valid entry received is deemed invalid.
Winner and their guests (if any) must be available to travel between March and May 2013, and the prize must be taken as a package between these dates.
The winner and all guests must be aged 18 years or older as at Friday February 18th 2013.
Where flights are included in the prize, the winner and all guests must depart from and return to the same departure point.
Winner will be held responsible for any change and/or cancellation made to the flight or accommodation booking once confirmed.
B. General Terms
1. Introduction
(a) These are the General Competition Terms that govern the relationship between you and the Promoter when you enter this Competition and should be read in conjunction with the Specific Conditions in the above table to form the complete terms and conditions for this Competition (Terms and Conditions).
(b) By submitting an entry into this Competition, entrants warrant that they have read, understand and agree to be bound by these Terms and Conditions
(c) To the extent that there is any inconsistency between the Specific Conditions and the General Terms, the Specific Conditions will prevail.
2. Duration
(a) This Competition will commence at the time set out in Item 8 of the Specific Conditions and will conclude at the time set out in Item 9 of the Specific Conditions. Entries received outside of these times will not be eligible.
(b) The Promoter will not accept any responsibility for lost or late entries.
3. Entry Requirements
(a) Entrants restricted from entry in Item 6 of the Specific Conditions will not be eligible to enter the Competition and will be disqualified.
(b) The employees of the Promoter, any of its affiliate, parent or subsidiary companies, or any agencies associated with this competition are not eligible to enter the Competition.
(c) Entrants cannot be a spouse, defacto spouse, parent, child or sibling (whether full, half, step or by adoption) of any person included in 3(b).
(d) Unless specifically set out as a Special Condition in Item 17 of the Specific Conditions, no person may enter this Competition more than once and persons may not enter or participate in it on behalf of any third party.
(e) Should the Competition require the entrant to submit a photograph, audiovisual material or other material document, as a part of entry into or participation in this Competition (”Entry Materials”):
(i) any Entry Materials provided to the Promoter by an entrant as part of an entry to this Competition will not be returned to entrants.
(ii) all entrants acknowledge that the Entry Material may, at the discretion of the Promoter, be posted on the website;
(iii) all entrants hereby authorise the Promoter to use, edit and reproduce the Entry Materials;
(iv) all entrants agree that the Promoter has the right to publish and communicate to the public the Entry Materials in any media including, but not limited to, online, at all times without restriction or limitation throughout the world (including all promotional purposes);
(v) all entrants agree that the Promoter has the right to use the entrants name, likeness or other information concerning and provided by the entrant in its use of the Entry Materials;
(vi) all entrants agree to fully release the Promoter now and forever from and against all actions, suits, claims and demands which they may have against the Promoter arising directly or indirectly in respect of any infringement or violation of any personal and/or property rights of any sort (including without limitation defamation) from the use of the Entry Materials;
(vii) all entrants unconditionally waive all of their rights at any time to seek or obtain injunctive relief to prevent or restrict the Promoter’s use of the Entry Materials; and
(viii) all entrants warrant that they have obtained permission from any other persons featured in the Entry Materials for the Promoter to use the Entry Materials in any of the manners set out above.
(f) Costs to enter the Competition will depend on the method of entry and you should seek the permission of the person paying the bill before entering. The cost to enter via the Internet may vary so entrants should check with their network operator for current charges.
(g) If this Competition involves:
(i) entry via a phone call, each call is charged at no more than 55 cents (including GST) from a fixed phone. Calls may attract a higher rate from mobile or public phones; or
(ii) entry via SMS, each SMS is charged at 55 cents (including GST). To enter, entrants will need an SMS compatible mobile phone connected to a service provider that permits text messaging to the abovementioned premium SMS number. It is recommended that entrants check with their individual service provider in this regard.
(h) Entries via SMS or email are deemed to have been made at the time of receipt into the Promoter’s database not at the time of transmission by the entrant.
(i) Should the Competition involve voting, the accuracy of the polling results received and published by the Promoter is final and binding and no correspondence will be entered into.
4. How to Enter
(a) The Competition can be entered by the method set out in Item 7 of the Specific Conditions.
(b) To enter, entrants must follow any requirements including submitting entries or answering any questions set out in Item 7 of the Specific Conditions.
(c) Except where the method of entry in Item 7 is entry via SMS, all entries must include full contact details, including name, phone number and email address. Where entry is via SMS, the details to be included in each entry will be set out in Item 7.
(d) Any person who fails to provide the full information in the manner requested as part of the entry process will not be eligible for any Competition prize. Specifically, inaudible, incomplete, incomprehensible or late entries (whichever is applicable) will not be eligible and will be disqualified.
(e) Where the entry mechanism in Item 7 includes logging into a website where the entrant already has a login name and password and is not creating a new profile, the entrant will be solely responsible for ensuring that all of their contact details including but not limited to postal address are correct, and have been updated if these details have recently changed. No responsibility will be taken by the Promoter for any incorrect or out of date information.
(f) The Promoter reserves the right to disqualify any entry which in the reasonable opinion of the Promoter includes any content which may be unlawful, profane, inflammatory, defamatory to any person and/or damaging to the goodwill or reputation of the Promoter.
(g) Unless otherwise agreed, any personal or confidential information submitted to the Promoter by any person in the course of entering or being otherwise involved in this Competition such as name, address, telephone number will be treated in accordance with Clause 14(c).
(h) Any person who fails to provide the full information in the manner requested as part of the entry process will not be eligible for any Competition prize.
(i) The Promoter reserves the right to verify the validity of entries and to disqualify any entrant who tampers with the entry process, or who submits an entry/claim which is not in accordance with these Terms and Conditions or if the entrant is engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the competition. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
(j) The decision by the Promoter to accept or reject an entry is in the Promoter’s sole discretion and no correspondance will be entered into. Without limiting any of the provisions of these Conditions of entry, the Promoter requires that an entry fully complies with these conditions and must not include or make reference to any visible logos, drawings, cartoons, phrases, trademarks or other third party materials (including but not limited to any copyrighted material, trade mark, logo or mark that identifies a brand) as it could result in the entry becoming invalid for the purposes of this promotion or the entrant being subject to legal liability.
(k) The use of any automated entry software or any mechanical, electronic or other means that allows the entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
(l) Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of the Website or the information on the Website, or to otherwise undermine the legitimate operation of the competition may be a violation of criminal or civil laws and, should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest permitted by law. If the Promoter suffers any loss or incurs any costs in connection with any breach of these Conditions of Entry or any other legal obligation by an entrant, the entrant agrees to indemnify the Promoter for those losses, damages and costs.
5. Competition Judging and Drawing
(a) The decision of the judges is final and the Promoter will not enter into correspondence or communication regarding the judges’ decisions or the drawing of the Competition even where the Promoter may not have acted reasonably or where the Promoter is shown to have made a decision in error.
(b) Subject to State regulations, in the event that the Promoter becomes aware that the same person has been selected as a prize winner more than once, the Promoter will cause another name to be drawn/selected in their place.
(c) Different terms apply for games of skill and games of chance, and these are outlined in Clause 5A and 5B below.
5A. Judging
(a) This Clause 5A is only relevant where the Competition is identified in Item 2 of the Specific Conditions as a game of skill. For games of chance please see Clause 5B.
(b) The Competition will be judged by the date listed in Item 10 of the Specific Conditions at the location specified in Item 11 of the Specific Conditions.
(c) Winning entries will be selected by appropriately qualified judges on the quality and creativity of their entry submitted in accordance with Item 7 of the Specific Conditions. Where more than one judging criterion is set out in Item 7, equal weighting will be given to each of the criteria unless otherwise specified in Item 17.
5B. Drawing
(a) This Clause 5B is only relevant where the Competition is identified in Item 2 of the Specific Conditions as a game of chance. For games of skill please see Clause 5A.
(b) The Competition will be drawn at the time and on the date listed in Item 10 of the Specific Conditions at the location specified in Item 11 of the Specific Conditions.
(c) Winning entries will be drawn at random.
(d) Details of prize winners will be published in accordance with Item 14 of the Specific Conditions.
6. Prize Winner Notification
(a) Prize winner(s) will be notified by the date listed in Item 12 of the Specific Conditions.
(b) Prize winner(s) will be notified by the method listed in Item 13 of the Specific Conditions based on the details provided in the entry. All reasonable efforts will be made to contact prize winner(s).
(c) Where the Competition is a game of skill, and the Promoter is unable to contact a prize winner after reasonable efforts, the Promoter may award the prize to the entry judged to be the next best entry according to the judging criteria as judged by the original competition judges.
(d) Where the Competition is a game of chance, and the Promoter is unable to contact a prize winner after reasonable efforts or if a prize winner fails to claim a prize (other than an event-based prize as set out in Clause 9(a)(v)) within 3 months of notice being sent to the winner, the Promoter may conduct a redraw for the unclaimed or undistributed prize in accordance with Item 16 of the Specific Conditions.
7. Prizes
(a) The prize(s) for the Competition is/are as set out in Item 15 of the Specific Conditions.
(b) Where prizes are specific goods, all prize values are the recommended retail value as provided by the supplier, are in Australian dollars unless otherwise stated and are correct at the time of issue of these Terms and Conditions.
(c) Where prize values are to be confirmed after the drawing/judging date (e.g. flights, transfers, or accommodation), prize values in Item 15 are maximum value estimates only, and the Promoter will be under no obligation to provide a prize to the exact value stated, or to reimburse a prize winner where the prize is less than the estimated value.
(d) The Promoter takes no responsibility for variations in the prize value.
(e) Subject to Clause 7(f), no prize in this Competition will be transferable or redeemable for any other prize, including but not limited to cash, and an entrant will not be given cash in lieu of any prize.
(f) If a prize referred to in this Competition becomes unavailable for any reason the Promoter reserves the right to substitute a similar item of similar value, including in its sole discretion, providing the prize winner with cash to the value of any prize.
(g) Any tax payable as a result of a prize being awarded or received will be the responsibility of the winner. Winners should seek independent financial advice prior to accepting a prize if this is a concern.
8. Awarding the Prize
(a) Prize collection may be required for games of skill only. For games of chance, the Promoter will arrange all prize delivery (except where the prize is a motor vehicle, in which case delivery or collection of the prize will be determined on a case by case basis).
(b) The Promoter may require any person collecting or receiving a prize to show photograph identification and/or sign a deed declaring that they have collected or received the prize before the Promoter gives the prize over.
(c) The Promoter may require any person collecting a prize to sign a copy of these Terms and Conditions.
(d) The Promoter may at its own discretion require any prize winner to submit to a police check to verify the prize winner’s identification details.
(e) Once a prize has been collected or delivered the Promoter is not responsible for the use or distribution of any prize.
(f) All prizes are subject to availability and must be used on any dates specified in these Terms and Conditions by the Promoter and/or the prize provider. Specifically, prizes may not be valid during school holidays or other peak or seasonal times designated by the prize supplier (such restrictions will be detailed in Item 17).
(g) If a prize winner does not take any element of a prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that prize or any part of it.
(h) The Promoter will not be responsible for replacing or retrieving any prize sent to an incorrect address based on incorrect details included in an entrant’s entry, or details that have not been updated by an entrant in any online profile associated with the entrant’s entry.
(i) The Promoter will not be liable for any loss or damage whatsoever which is suffered (including but not limited to direct or consequential loss) or for personal injury suffered or sustained, as a result of taking any prize under this Competition, except to the extent that such liability cannot be excluded by law.
(j) The Promoter reserves the right to exclude any persons from the Competition on the ground of their medical condition or history, for the safety of the Promoter’s staff members or others or for any other reason, for example bringing the Promoter’s brand into disrepute. The Promoter also reserves the right to disqualify contestants if:
(i) a contestant at any stage engages in, causes or incites physical violence (e.g. punching, slapping), inappropriate, illegal, unsociable or unsafe behaviour; and/or
(ii) a prize winner is abusive, aggressive, confrontational or acts unreasonably in the Promoter’s sole discretion; and/or
(iii) the safety of any of the Promoter’s staff member is compromised.
(k) Prize winners agree to participate in any promotional activity promoting the Promoter, prize sponsors and/or the Competition at the reasonable request of the Promoter.
(l) If the winner(s) is/are allowed to bring any guests the number of guests will also be set out in the Prize description at Item 15 of the Specific Conditions (Allowed Guests).
(m) Any Allowed Guest also agrees to participate in any promotional activity promoting the Promoter, prize sponsors and/or the Competition at the reasonable request of the Promoter.
(n) For Event-based prizes, if alcohol is made available as part of the prize at the Event, then this will be provided subject to the principles of responsible service of alcohol as exercised by the staff and management of the Venue. The Venue staff and management reserve the right to refuse service of alcohol to any prize winner or Allowed Guests should they be deemed to be intoxicated.
(o) The winner(s) and any Allowed Guests are solely responsible for all insurance, applicable taxes and for any expenses or costs not specified in the Prize description.
(p) Where the winner(s) is/are under eighteen (18), any Allowed Guest(s) must include a parent or legal guardian without exception.
10. Travel and Accommodation Prizes
(a) Where Prizes involve the winner(s) travelling the winner(s) and any Allowed Guest(s) shall be required to hold a valid passport and/or other necessary travel documentation and visas. These will be required to be shown prior to collecting the prize. Winner is solely responsible for their entry and the entry of their travel companions (if any) into the destination, at their own expense, including ensuring all necessary passports, visas, travel authorisations, medical advice and recommended vaccinations and immunisations have been obtained prior to travel and, if required, on or by a date nomindated by the Promoter. Failure to do so may result in the prize being forfeited.
(b) The winner and their guests will be required to provide evidence of current travel insurance cover.
(c) Unless expressly set out in Item 15 of the Specific Conditions, all additional costs not expressly stated, but which may be incurred in acceptance of the Prize, are the responsibility of the winner and guest/s (if any). Such additional costs include, but are not limited to, meals, beverages, room service, telephone calls, laundry services, spending money, transport to and from airport departure point, other transfers, taxes including arrival and departure taxes (if applicable) but excluding airfare related taxes and charges included in the Prize, insurance, travel insurance, passports and visas.
(d) A credit card imprint or cash deposit may be required from the winner(s) and/or any Allowed Guest(s) at check-in to a hotel for any incidental charges.
(e) The winner(s) indemnify/ies the Promoter against any additional costs incurred by the winner(s) and any Allowed Guest(s) in relation to any travel and/or accommodation provided as part of the Prize which the Promoter has not expressly agreed to cover, including without limitation any incidental hotel costs and costs associated with damage.
(f) The winner and their Allowed Guest(s) must not engage in any illegal or unsafe behaviour whilst travelling.
(g) The Promoter will not be responsible for any loss or damage suffered by any contestant and/or their Allowed Guest (if applicable) arising out of a failure by the contestant and/or their Allowed Guest to follow any travel advisories issued by the Australian Department of Foreign Affairs and Trade;
(h) Frequent Flyer points may not be available for any of the flights included in the prize.
(i) Obtaining time off work and/or study or related activities to participate in the Competition and/or a prize will be the sole and absolute responsibility of each entrant. Where the winner(s) is/are under eighteen (18) and in full or part time education and the Prize necessitates travel on a date that is during school hours and during a school term in the State/Territory in which the winner(s) reside(s), the winner(s) must obtain the prior written consent of his/her parent or legal guardian for the winner’s absence from school on that day.
(j) Redemption of Prize is subject to availability and may be dependent on travel class availability, specific room category availability and travel ‘blackout’ periods applying (including school holidays and public holidays). All components of the Prize must be taken together and when offered or are forfeited. The winner and guest/s (if any) must travel together and depart from and return to the same departure point. No extension or variation of the travel dates nominated by the Promoter permitted. Use of the Prize and any passes or vouchers issued as part of the Prize may be subject to prevailing prize supplier terms and conditions of use. The Prize cannot be used in conjunction with travel discounts or special offers.
(k) Taking the Prize is subject to any prevailing terms and conditions of any accommodation/transport/services/transfers/travel insurance or tour providers, and in particular, health, behaviour, age and safety requirements. No compensation will be payable if the winner, or their travel companion, are unable to use any element of the prize as stated for whatever reason, including refusal of entry or departure into or out of a destination 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.
(l) It is a condition of accepting a prize that the winner and their travel companion(s) (if any) may be required to sign a legal release or release/s in a form determined by the Promoter in its absolute discretion.
12. Intellectual Property
(a) The Promoter may record, reproduce, publish, adapt, communicate or otherwise use the entrants’ and/or prize winners’ performances, names, voices, and likeness for the purposes of creating or producing any television program or other audio, visual and/or audio-visual material and for advertising and publicity purposes in any media in perpetuity without needing to provide additional compensation.
(b) Any material, including without limitation Competition entries and images and/or audio-visual material included in Competition entries, submitted or provided by a Competition entrant, and/or prize winner in association with any Competition will become the property of the Promoter at time of entry and the Promoter may reproduce, publish, adapt, communicate, cause to be seen and/or heard in public or otherwise use any such material throughout the world in perpetuity and without needing to provide additional compensation, notification of reference to the entrant.
(c) To the extent that any entrant or prize winner holds any moral rights in the materials provided as part of the entry or created as a result of this Competition, the entrant or prize winner hereby consents to any act that, but for this consent, would be considered to breach those moral rights.
(d) The Promoter may require an entrant or prize winner to execute any document necessary to give effect to 5(a), (b) and/or (c).
13. Warranties
(a) Each entrant warrants and represents to the Promoter that nothing in his/her entry / entries to this Competition infringes the rights, including copyright, of any third party and is not defamatory or obscene and does not breach any state or commonwealth law.
(b) Each entrant indemnifies the Promoter against any claim, loss or damage suffered by the Promoter as a direct or indirect consequence of a breach by the entrant of any warranty or representation contained in these Terms and Conditions.
(c) Before the prize is awarded, all winners and their guests will be required to sign an agreement to release the Promoter from and indemnify the Promoter against any loss, damage or injury arising from the use or participation in the prize, except to the extent any loss, damage or injury is due to the negligence or wilful misconduct of the Promoter.
(d) If the Promoter becomes aware that a prize winner is in breach of any warranty contained in these Terms and Conditions or made subsequently to the Promoter, the Promoter may deem that prize winner ineligible.
14. General
(a) If for any reason this Competition is not capable of running as planned as a result of any (including but not limited to) technical failures, unauthorised intervention, computer virus, mobile phone failure, tampering, fraud or any other causes beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Competition, the Promoter reserves the right (subject to State/ Territory regulations) to cancel, terminate, modify or suspend the Competition and/or any draw/s or judging related to the Competition and/or to disqualify any individual who (whether directly or indirectly) causes the same.
(b) The Promoter shall not be liable for any delay in performing or partial or total failure to perform any of its obligations to the winner(s) and/or any Allowed Guests and/or parent(s)/legal guardian(s) under these Terms and Conditions if such delay or failure is caused by circumstances beyond the Promoter’s reasonable control including without limitation delays, changes, disruptions, cancellations, diversions or substitutions howsoever caused including without limitation as a result of war, terrorist action or threatened terrorist action, strikes, hostilities, civil commotions, accidents, fire, flood or natural catastrophes or arising without limitation out of or in connection with:
(i) the activities of third party event organisers;
(ii) any form of transportation (including but not limited to flights, trains, coaches, buses, ferries, taxis or cars); and/or
(iii) by third parties providing accommodation included in the Prize.
For the avoidance of doubt, the affected prize winner(s) and/or any Allowed Guest(s) and/or parent(s)/legal guardian(s) shall be solely liable for any additional costs incurred as a result.
(c) Any personal information, including without limitation, each entrant’s name, age, address (including postcode), telephone number and/or email address (“Personal Data”) will be used:
(i) in connection with the Competition which the entrant entered;
(ii) for any purpose to which an entrant gave his/her express consent on entry
(iii) as set out in these Terms and Conditions; and
(iv) in accordance with the Promoter’s Privacy Policy.
Personal Data will not be disclosed to any third party, except for the purpose of fulfilling the Prize(s) where applicable unless an entrant gave his/her express consent to this on entry.
(d) These Terms and Conditions are to be construed according to the laws of New South Wales, Australia and are subject to the non-exclusive jurisdiction of the courts of that State.
(e) By participating in the competition, 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 contact 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 partners who may contact the entrant with special offers in this way. By entering the competition, an entrant acknowledges and agrees that the Promoter may use the Entrant’s personal information in the manner set out in this condition.
15. This competition is in no way associated, sponsored or endorsed by Facebook PTY LTD. Any questions, comments or complaints regarding the promotion should be directed to The Promoter and not to Facebook. Facebook membership, the ‘liking’ of Facebook pages, and use of Facebook generally are subject to the Facebook prevailing terms and conditions of use available at
www.facebook.com/policies. Entrants understand that they are providing their information to the Promoter and not to Facebook.
16. 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 Website (including but not limited to, member pages) in accordance with its and Facebook’s 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 purpose of this promotion (including but not limited to any illegal, incorrect or inaccurate content and third party advertising.)
16. The Promoter is
Pinnacle Liquor Group. Level 2, 1 Woolworths Way Bella Vista. NSW 2153
ABN: 77 159 767 843
