Ultimate Weekend Getaway Competition Terms and Conditions

TERMS AND CONDITIONS OF ENTRY FOR DI BELLA COFFEE, WIN THE ULTIMATE WEEKEND GETAWAY COMPETITION (“Promotion”)

By entering the promotion in accordance with the entry requirements below, you are agreeing to the following terms and conditions (“Terms and Conditions”):

  • 1. Information about the Terms and Conditions
    •    1.1 Information on how to enter and the Prize form part of these Terms and Conditions. All entries must comply with these Terms and Conditions to be valid.
    •    1.2 Entrants are responsible for ensuring their familiarity with the Terms and Conditions at the time of participation. The Promoter’s decision not to enforce a specific restriction (whether communicated to an Entrant or not) does not constitute a waiver of that restriction or of the Terms and Conditions generally.
    •    1.3 All Entrants acknowledge that the Promoter can rely on these Terms and Conditions even if the Promoter only learns of a person’s ineligibility after the Promoter has awarded a Prize to the ineligible person. Return of the Prize or payment of its equivalent value to the Promoter may be required by the Promoter if this occurs.
    •    1.4 Entries not complying with these Terms and Conditions are ineligible and the Promoter reserves its absolute right to disqualify any Entrant from the Promotion if any entries do not comply with these Terms and Conditions.
  • 2. Entrants & Requirements
    •    2.1 Entry is open to all Australian residents aged 18 or older (“Entrant”).
    •    2.2 Employees of the Promoter, including all retail staff and their immediate families (including but not limited to spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or cousin) and associated agencies, providers and companies of the Promoter associated with this Promotion are not eligible to enter.
    •    2.3 Entry to the Promotion is only open to individuals.
    •    2.4 Entrants can only enter in their own name. 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 is engaged in any unlawful of other improper conduct which jeopardises the proper conduct of the Competition. 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 the Terms and Conditions or any other legal obligation of the Entrant, the Entrant agrees to indemnify the Promoter for those losses and damages and costs.
    •    2.5 Individuals who meet the criteria in Clause 2 are ‘Eligible Entrants’ or ‘Entrants’.
  • 3. Promotion Period
    •    3.1 Promotion commences at 10:00am (AEST) on Friday, 19 January 2018 and closes at 11:59pm (AEST) on Wednesday, 31 January 2018 (“Promotion Period”).
    •    3.2 The Promoter accepts no responsibility for any entries not received for any reason during the Promotion Period.
  • 4. How to Enter
    •    4.1 Entry is via the Internet.
    •    4.2 To be eligible for Entry, an Entrant must during the Promotion Period place a confirmed online order of $100 or more, through dibellacoffee.com/shop (“Entry”).
    •    4.3 An Entry is deemed to be completed upon receipt of a completed and valid Entry.
    •    4.4 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.
    •    4.5 The Promoter is not responsible for receipt of incorrect, inaccurate or incomplete information caused by an Entrant or occurring during transmission. Further, the Promoter shall not be responsible for any entries that are not received or are otherwise interfered with due to problems with communication services.
    •    4.6 Entries are deemed to be received at the time of receipt into the Promoter’s database, not time of transmission by the Eligible Entrant.
    •    4.7 By submitting a response, Entrants acknowledge and agree to be bound by these Terms and Conditions.
    •    4.8 The use of 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 the Entrant invalid.
    •    4.9 Eligible Entrants may enter as many times as they wish provided they comply with these Terms and Conditions.
  • 5. Prize Draw & Notification of Winners
    •    5.1 At 10:00am (AEST) on Thursday, 1 February 2018 (“Prize Draw Day”), the Promoter will select the one (1) winner as determined by the Promoter (in its absolute discretion and based on these Terms and Conditions) (“the Winner”) who will win the Prize.
    •    5.2 Judging will take place at, 82 Abbotsford Road, Bowen Hills QLD 4006.
    •    5.3 All valid entries received during the Promotion Period will be entered into the draw, and stand a chance to win a Prize (as defined in clause 6 below).
    •    5.4 The Winner will be selected at random by the Promoter using random coding in an excel spreadsheet based on data collected from Entrants from their Entries, or as otherwise determined by the Promoter in its absolute discretion.
    •    5.5 The Winner will be contacted via email and/or telephone by 12:00pm (AEST) Friday, 2 February 2018.
    •    5.6 The Winner will be required to contact the Promoter either by email, phone or private message in Facebook, Instagram or relevant social media platform and provide their personal details including but not limited to, their phone number, email address and postal address on or before 12:00pm (AEST) Monday, 5 February 2018 so that the Prize may be arranged.
    •    5.7 The Promoter reserves the right at, any time to verify the validity of Prize claims and 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 or omissions may be accepted at the Promoters discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
    •    5.8 If there is a dispute as to the identity of an Entrant or Winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the Entrant or Winner.
    •    5.9 In the event that the Winner is unable to be contacted, or the Winner does not contact the Promoter and/or fails to provide the information required as set out in clause 5.6 above, on or before 12:00pm (AEST) Monday, 5 February 2018, 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.
    •    5.10 If a Prize is won by an Eligible Entrant who does not claim their Prize by 12:00pm (AEST) Monday, 5 February 2018, a replacement Winner will be selected from all remaining Eligible Entries received in the Promotion.
  • 6. Prize
    •     6.1 The Winner will receive a gift voucher for Spicers Retreats (“Prize”).
    •     6.2 The total Prize is valued at $1,500 (inclusive of all taxes, fees and GST).
    •     6.3 The Prize is to be taken ‘as is’ and without any kind of warranty or customisation.
    •     6.4 If the Prize or 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 part thereof) with a Prize to the equal value and or specification, subject to any discretion from a State and/or Territory regulatory authority where necessary.
    •     6.5 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 Winner. If for any reason a Winner does not take a Prize (or any portion of that Prize) by the time stipulated by the Promoter, the Prize (or any unused portion of that Prize) will be forfeited.
    •     6.6 Once the Prize has left the Promoter’s Head Office, the Promoter takes no responsibility for any damage or loss that may occur.
  • 7. Privacy Policy
    •     7.1 The Promoter’s privacy policy can be read at https://www.rfg.com.au/index.php/privacy.
    •     7.2 Any personal information collected from the Entrant will be used by the Promoter for direct marketing purposes only and will not be disclosed or on-sold to other promoters.
    •     7.3 By submitting your Entry into this Promotion you are accepting the Terms and Conditions herein and you are expressly consenting to the Promoter using your personal information to send to you any direct marketing by any method available to the Promoter.
  • 8. Costs and expenses
    •     8.1 Any costs associated or arising in connection with winning a Prize or, with accessing the promotion website or 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.
    •     8.2 Any tax liability arising as a result of accepting any Prize is the responsibility of the Winner.
  • 9. Intellectual Property
    •     9.1 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 manufactured, distributed and/or supplied by the Promoter.
    •     9.2 All entries become property of the Promoter. By entering this Promotion, each Entrant is taken to consent to the Promoter using the Entrant’s personal information to administer the Promotion, announce the Winner and disclose the Entrant’s personal information to organisations that assist the Promoter with administering the Promotion and announcing the Winner, and to third parties as required by law (including authorities that regulate this Promotion, as the case maybe). The Promoter is bound by the National Privacy Principles, in the Privacy Act 1988 (Cth) and by entering this Promotion, the Entrant is taken to consent to the Promoter’s privacy policy.
    •     9.3 The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional upon providing this information. It is a condition of Entry that the Entrant agrees to be entered into the database. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing publicity, research and profiling purposes, including sending electronic messages, sending newsletters and other promotional offers or telephoning the Entrant. Entrants should direct any requests to opt out, access, update or correct information to the Promoter, in writing.
    •     9.4 All personal details of Entrants will be stored at the office of the Promoter. Upon the Entrant’s request, all information provided will be removed from our active database. To request for these details to be removed, Entrants should direct any requests to the Promoter, in writing. Information will be removed as soon as reasonably possible in accordance with applicable laws.
  • 10. No liability
    •     10.1 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 exclude all liability (including negligence) for any personal injury, or any loss or damage (including loss of opportunity) whether directly, indirectly 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 part interference;
      •        (c) any Entry or Prize claim that is late, lost, altered, damaged, or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the control of the Promoter;
      •        (d) any tax liability incurred by the Winner or any Entrant; and
      •        (e) taking of and redemption of the Prize.
    •     10.2 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 which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter reserves the right, in its absolute discretion to take any action that may be available to it, including, but not limited to cancelling, terminated, modifying or suspending this Promotion.
    •     10.3 The laws of Australia apply to this Promotion, Entrants submit to the exclusive jurisdiction of the courts of Australia.
  • 11. General Information
    •     11.1 The Promoter’s decision in relation to any aspect of these Terms and Conditions and the Promotion is final and binding on every person who enters. No correspondence will be entered into. Prizes will only be awarded following any winner validation and verification that the Promoter requires.
    •     11.2 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 the Entrant; or
      •        (b) to modify, suspend, extend, terminate or cancel the Promotion.
    •     11.3 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.
    •     11.4 A request by an Entrant to change or modify any information provided should be directed to the Promoter in writing.
  • 12. Promoter Details
    •     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 or email Trent Kelleher on 07 3252 5858 or at marketing@dibellacoffee.com.au. NSW Permit No. LTPS/18/21339