General

1. “The Promoter” is The Coffee Club Franchising Company Pty Ltd (ACN 128 563 333 trading as The Coffee Club, Level 13, 199 Grey Street, South Bank QLD 4101.

2. By entering this campaign, you agree and are automatically deemed to have read, understood, and accepted these terms and conditions (terms).

3. If there is any inconsistency between these terms and anything else that refers to this competition, these terms will prevail.

4. A Participating Store means any The Coffee Club restaurant or café in Australia offering the Extra Big Breakfast menu item, which excludes (without limitation) Charlotte Street, Ryde Eastwood, Brisbane Airport Departures, Brisbane Airport Arrivals, Brisbane Airport Plaza South and Riverlink.

Participation

5. Participation is open to all Australian residents, except employees and immediate families of the Promoter and their associated companies and agencies. Immediate family includes but is not limited to; spouse, child or step-child (whether natural or by adoption), parent, step parent, grandparent, sibling, uncle, aunt, niece, nephew.

When to Enter

6. The campaign commences at 12:01am (AEST) on Friday, 30 August 2024 and will close at 11:59pm (AEST) on Sunday 1 September 2024 (Campaign Period).

7. The Promoter accepts no responsibility for any inability for a customer to access the campaign due to technical disruptions, network congestion or for any other reason.

How to Enter

8. In order to participate in the campaign, participants must (Entry):

a. purchase, consume and finish an Extra Big Breakfast at any Participating Store (Meal); and

b. access the Promoter’s entry form, by scanning the QR code displayed and/or advertised by the Promoter during the Campaign Period; and

c. complete and submit the Promoter’s form, by providing the participants’:

i. name;
ii. email address;
iii. postal address;
iv. phone number; and
v. T-Shirt size.

9. A person must not submit more than one Entry during the Campaign Period.

10. Participants are required to take full responsibility for the content of their Entry and for ensuring that their Entry complies with these terms.

11. Any Entry that is made on behalf of a participant by a third party will be invalid, unless the participant requires the assistance of a third party to enter due to a disability.

12. The Promoter reserves the right to:

a. disqualify any participant who:

i. tampers with the Entry process (including but not limited to participants and households who use multiple email addresses or third-party software or applications);

ii. submits an Entry that is not in accordance with these terms; or

iii. in the opinion of Promoter, engaged in conduct, which is fraudulent, misleading, deceptive, or generally damaging to the goodwill or reputation of the campaign and/or Promoter;

b. moderate, monitor, delete, or reject any or all entries submitted at its sole discretion, including removing content it considers to be incomplete, indecipherable, inappropriate, offensive, unlawful, or otherwise not in the spirit of the campaign.

Delivery of T-Shirt

13. Upon the participant submitting a valid Entry in accordance with these terms, the participant will receive one (1) T-Shirt, within the Promoter’s sole discretion.

14. The T-Shirt will be delivered to the participants’ postal address submitted in accordance with clause [7(c)(iii)]. The Promoter will use reasonable endeavours to deliver the T-Shirt to the participants’ nominated postal address within six (6) weeks of the conclusion of the Campaign Period subject to any delays outside the Promoter’s reasonable control. Failure for the participant to provide a correct postal address upon submitting their Entry may result in forfeiture of the T-Shirt.

Campaign

15. All entrants agree that upon receipt of the T-Shirt, they will:

a. receive and take the T-Shirt on an “as is” basis, without warranty of any kind, express or implied (including but not limited to without any implied warranty of merchantability or fitness for a particular purpose); and

b. be liable for all costs associated with the accessing the Promoters entry form, including but not limited to internet charges associated with accessing the entry form.

16. If the T-Shirt is unavailable, for whatever reason, the Promoter reserves the right to substitute the T-Shirt (within the Promoter’s sole discretion).

Entrant’s Warranties

17. By partaking in the campaign, participants:

a. consent to the collection, use and or disclosure of information provided by it for internal research, and current and future campaigns, advertising and marketing activities of the Promoter, its associates and its sponsors, whether in Australia or overseas;

b. agree for the Promoter and its associates to contact them and send and/or provide information via telephone, mail, in person, email, SMS and any other form of communication medium;

d. consent to, and authorises the use of, their name and image in any publicity material as determined by the Promoter at its sole discretion and/or as may be required by the relevant lottery and/or gaming legislation;

e. consent to their entry becoming the property of the Promoter pursuant to the Copyright Act 1968 (Cth) or otherwise; and

f. acknowledge and agree that the Promoter is entitled to do any of the abovementioned acts without compensation or fee, and that such consent is enduring.

Liability

18. Subject to complying with all relevant State and Territory legislation, the Promoter reserves the right to amend, cancel or suspend the campaign, including but not limited to circumstances where:

a. an outside act, agent or event prevents or significantly hinders the Promoter’s ability to proceed with the competition, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, pandemic, war, act of terrorism;

b. the competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or technical failures which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this campaign.

19. The participant acknowledges and agrees that the Promoter is not responsible or liable for:

a. the unavailability or inaccessibility of any service whether or not caused by traffic congestion on the Internet or at any website;

b. unauthorised human intervention in any part of the campaign;

c. electronic or human error which may occur in the administration of the campaign;

d. any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);

e. any theft, unauthorised access or third party interference;

f. any entry 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;

g. any variation in value to that stated in these terms;

h. any delay, cancellation, postponement or attendance of a Coupon, if applicable; and

i. any tax liability incurred by a entrant.

20. These conditions do not affect, and are not intended to affect, any rights a consumer might have, which cannot be excluded under applicable consumer protection laws. To the fullest extent permitted by law, any liability of the Promoter or its servant or agents for breach of any such rights is limited to the payment of the cost of having the T-Shirt supplied again.

Statutory Warranties

21. The Promoter does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth) or any other relevant legislation which cannot be excluded, restricted, or modified.

22. Notwithstanding clause 24, to the fullest extent permitted by law, the Promoter will not be liable for any loss or damage whatsoever which is suffered, including but not limited to direct, indirect or consequential loss, or for any personal injury suffered or sustained in connection with the Coupon or campaign except for any liability which cannot be excluded by law.

23. Each entrant shall indemnify the Promoter (and their respective directors, officers, employees and agents (each an “indemnified person”) for any loss, liability, cost, damage or expense suffered or incurred by any indemnified person as a result of:

c. the entrant breaching any of these terms;

d. a warranty given by the entrant proving to be untrue; or

e. any personal injury arising from or related to any wrongful or negligent act or omission by the entrant in connection with this competition.

Privacy

24. The Promoter collects personal information about the entrant for the purposes of conducting this campaign. Any disclosure of such information will be made as required by law and in accordance with The Coffee Club’s Privacy Policy available at www.coffeeclub.com.au.

25. All entries will be entered into a database and the Promoter may use the entrant’s names and email address for future campaigns, marketing and publicity purposes in any media worldwide without notice and without any fee being paid unless otherwise advised by the entrant.

26. By entering this competition, entrants confirm that they allow their details to be used for this purpose. If entrants no longer consent to their details being used for future marketing purposes, the entrant should contact the Promoter on their details set out on its website www.coffeeclub.com.au. Any request to update, modify or delete the entrant’s details should be directed to The Promoter.

General

27. The Promoter may amend, cancel and/or suspend the campaign at any time, without notice. If the Promoter does so, the Campaign Period will automatically expire.

28. The Promoter’s decision in respect of all matters to do with the campaign will be final and no correspondence will be entered.

29. To the extent it is legally possible, this agreement is governed by the laws of Queensland, Australia, and the parties submit to the jurisdiction of the courts of Queensland, Australia.