DI BELLA COFFEE COMPETITION TERMS AND CONDITIONS
An entrant is a person who satisfies the criteria set out in clauses 2.2 to 2.6 (inclusive) of these Terms and Conditions (the “Entrant”).
Entry is open to Australian residents only.
Employees of the Promoter, and their immediate families (including spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, bother, sister, step-brother, step-sister or cousin) and associated agencies, providers and companies of the Promoter associated with this Promotion are not eligible to enter.
Entry to the Promotion is only open to individuals aged 18 years or older. Entrants who are under the age of 18 must have their parent or guardians consent to enter and the parent or guardian of the Entrant must have read and is deemed to have consented to these Terms and Conditions. Parents or Guardians may be required by the Promoter to enter into a further agreement as evidence of their consent of the Entrant entering this Promotion.
The Promoter reserves the right to verify the validity of entries and Entrants (including age and place of residence) and to disqualify any Entrant who submits an entry that is not in accordance with these Terms and Conditions or if the Entrant, in the sole discretion of the Promoter, engages in any unlawful or other improper conduct which may jeopardise the proper conduct of the Promotion. The Promoter’s legal right to recover damages or other compensation in such instances is reserved. If the Promoter suffers loss or incurs any costs in connection with any breach of these Terms and Conditions or any other legal obligation of the Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.
1.6 Unless expressly stated to the contrary, multiple entries will be accepted, however each entry must fully comply with the entry requirements applicable for the Promotion.
2. Promotion Period
The Promotion commences on the times and dates stated in the relevant competition promotion Facebook post (the “Promotion Period”).
2.2 The Promoter accepts no responsibility for any entries not received for any reason during the Promotion Period.
Entry is via Facebook.
To be eligible for entry, an Entrant must, during the Promotion Period:
Visit www.facebook.com/DiBellaCoffee (“Page”);
Click ‘Post’ to submit a response so it is received during the Promotion Period (“Entry”).
Entrants acknowledge that their responses will be viewable by the public.
Any rude, defamatory, offensive, illegal, incomprehensible, incorrect or incomplete Entries (all of which will be at the absolute discretion of the Promoter), or which breach any law or infringe any third party rights, including intellectual property rights will be invalid and may be removed by the Promoter in its absolute discretion.
4. Prize Draw and Notification of Winners
On the time and date stated in the relevant competition promotion facebook post as when the winner will be selected (“Prize Draw Day”), the Promoter will randomly select the one (1) winner (in its absolute discretion and based on these Terms and Conditions) (the “Winner”) who will win a prize.
Judging will take place at 82 Abbotsford Road, Bowen Hills, QLD, 4006.
If this Promotion is a game of skill, chance or luck plays no part in determining the Winner. Each entry will be individually judged based on the creative merit of the Entry and having considerations for the Di Bella Coffee brand.
The Winner(s) will be notified via their Facebook account.
In the event that a Winner is unable to be contacted via Facebook on or before 12.01am (AEST) on the next business day after the Prize Draw Day, the Winner is deemed to have forfeited the Prize and the Promoter reserves the right to award the prize to another Entrant at its sole and absolute discretion. The prize remains the property of the Promoter until claimed by the prize winner.
The prizes are listed in the competition promotion Facebook post.
If the Prize or a part of the Prize is unavailable, for whatever reason, the Promoter, in its absolute discretion, reserves the right to substitute and or vary the Prize (or a part thereof) with a prize to the equal value and or specification, subject to any direction from a State and/or Territory regulatory authority where necessary.
The Prize or any unused portion of the Prize is not transferable or exchangeable and cannot be taken for cash. Any ancillary costs associated with redeeming the Prize are not included and must be borne by the respective Winner. If for any reason the Winner does not claim the Prize (or any portion of that Prize) by the time stipulated by the Promoter, the Prize (or any portion of it) will be forfeited.
All entry and continued participation in the Promotion is dependent on the Entrant following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php.
This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not Facebook. The information any Entrant provides will only be used for the purposes outlined in the Terms and Conditions. Any questions, comments or complaints about this Promotion must be directed to the Promoter and not to Facebook.
Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by an Entrant, as a result of participating in the Promotion except for any liability which cannot be excluded by law.
The Promoter’s decision in relation to any aspect of these Terms and Conditions and the Promotion is final and binding on every Entrant. Prizes will only be awarded following any winner validation and verification that the Promoter requires.
Entries are deemed to have been received at the time of receipt into the Promoter’s database, not time of transmission by the Eligible Entrant.
Any costs associated or arising in connection with winning a Prize or, with accessing the promotional website or Facebook page is the Entrant’s responsibility and is dependent on the internet service provider used. Eligible Entrants must submit their entries manually using an internet browser.
The Promoter reserves the right, at any time, to verify the validity of Prize claims/Entries and Entrants (including an Entrant’s identity, age and place of residence) and to disqualify any Entrant who submits a Prize claim that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
If there is a dispute as to the identity of an Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Entrant. If the Winner cannot be identified or otherwise contacted by the Promoter within a reasonable time frame, the Promoter reserves the right to select another Entrant as the Winner. Any such Winner may be notified outside of the time frame stipulated in Clauses 5.1 and 5.3 of these Terms and Conditions.
Entrants consent to the Promoter using their Entry and agree to transfer all intellectual property in their Entry to the Promoter once the Entry is made.
If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the control of the Promoter, the Promoter reserves the right, to the fullest extent permitted by law to (a) disqualify any Entrant; or (b) to modify, suspend, extend, terminate or cancel the Promotion.
Nothing in the Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under similar consumer protection laws.
A request by an Entrant to change or modify any information provided should be directed to the Promoter in writing.
Entrants consent to the Promoter using the Entrants name, likeness, image and/or voice in the event they are a Winner, in any media for an unlimited period without remuneration for the purpose of promoting this Promotion (including any outcome), and promoting products manufactured, distributed and/or supplied by the Promoter.
Any tax liability arising as a result of accepting the Prize is the responsibility of each Winner.
The use of any automatic entry software or any other mechanical or electronic means that allows an Entrant to automatically enter the Promotion repeatedly is prohibited and will render all entries submitted by that Entrant invalid.
Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees, agents and related bodies corporate) shall not be responsible for and excludes all liability (including negligence) for any personal injury, or any loss or damage (including loss of opportunity) whether direct, indirect, special or consequential, arising in any way out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their recept by the Promoter) due to any reason beyond the control of the Promoter; (d) any tax liability incurred by the Winners or any Entrant; or (e) taking of and redemption of the Prize.
If for any reason, the Promotion is not capable of being run as planned, including due to infection by computer virus, bugs, network failure, tampering, unauthorised intervention, fraud or any other causes outside the Promoters control including but not limited to war, terrorism, state of emergency, disaster or which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter reserves its right, in its absolute discretion, to take any action that may be available to it, including cancelling, terminating, modifying or suspending this Promotion.
The laws of Queensland apply to this Promotion. Entrants submit to the exclusive jurisdiction of the courts of Queensland.
The Promoter is RFGA Management Pty Ltd ACN 071 765 609 of 1 Olympic Circuit, Southport in the state of Queensland and its substitutes, successors and permitted assigns (“the Promoter’). For more information, call +61 7 5591 3242, email Di Bella Coffee Communications Executive at firstname.lastname@example.org.