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.
  1. By entering this competition, you agree and are automatically deemed to have read, understood, and accepted these terms and conditions (terms).
  1. If there is any inconsistency between these terms and anything else that refers to this competition, these terms will prevail.

 

Who Can Enter

 

  1. Entry is open to all Australian residents over the age of 16 years, 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.
  1. The Promoter reserves the right to request winners to provide proof of identity, proof of residency at the nominated prize delivery address and/or proof of entry validity or proof of registration ownership to claim a prize.
  1. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. In the event a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.

 

When to Enter

 

  1. The competition commences at 7am (AEST time) on Monday, 10 January 2022 and will close at 3pm (AEST time) on Friday 14 January 2022.
  1. Entries must be received by the Promoter prior to the competition close date and time. The time of entry will in each case be the time the online entry is received by the Promoter’s database, not at the time of transmission by the entrant.
  1. The Promoter accepts no responsibility for any late, lost, or misdirected entries due to technical disruptions, network congestion or for any other reason.

 

How to Enter

 

  1. This is a game of chance, where entrants are required to:
  • Ensure they are following @thecoffeeclubaustralia and @vegemite on Instagram;
  • ‘Like’ the Instagram post by @thecoffeeclubaustralia or @vegemite that relates to the Vegemite merch competition; and
  • Comment on the Instagram post for the specific day of the competition by tagging a friend who you’d like to try the new dishes.

 

  1. A person may submit more than one entry.
  1. The cost of accessing the promotional website or the Instagram platform, will be dependent on the entrant’s individual internet service provider.
  1. Entrants are required to take full responsibility for the content of their entry and for ensuring that their entry complies with these terms.
  1. Any entry that is made on behalf of an entrant by a third party will be invalid, unless the entrant requires the assistance of a third party to enter due to a disability.
  1. The Promoter reserves the right to:
  • disqualify any entrant who:
  • tampers with the entry process (including but not limited to entrants and households who use multiple email addresses or third-party software or applications);
  • submits an entry that is not in accordance with these terms; or
  • in the opinion of Promoter, engaged in conduct, which is fraudulent, misleading, deceptive, or generally damaging to the goodwill or reputation of the promotion and/or Promoter;
  • 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 promotion.

 

Draw and Notification

 

  1. At the end the competition, all valid entries will go into a random generator located at Level 13, 199 Grey Street, South Bank QLD 4101 and three (3) winners will be drawn.
  1. Each prize winner will be notified via comment and private message the next business day through the Instagram platform, or any other platform determined by the Promoter.
  1. If the prizewinner does not register their acceptance of the prize within 48 hours of being notified, the prizewinner will be deemed to have not accepted and forfeit their entitlement to the prize.
  1. If the prize is unclaimed after the expiry of this timeframe, the Promoter may dispose of such prize at its sole discretion and does not need to select another prizewinner.
  1. The prize will be awarded to the account holder of the Instagram account that made the valid entry.
  1. Any prize draw decisions are final and binding, no correspondence will be entered into regarding the competition result, or any other decisions the Promoter makes in connection with the promotion.
  1. Delivery of the prize will be made within 28 days of the prizewinner acknowledging acceptance of the prize and providing a valid address for delivery.

 

The Prize

 

  1. Each prize winner will receive the below prize pack consisting of:
    1. 1 x Vegemite cap;
    2. 2 x Pairs of Vegemite socks;
    3. 1 x Vegemite squeezy bottle; and
    4. 1 x The Coffee Club gift card valued at $100.00.
  1. The prize cannot be transferred, resold, exchanged, or redeemed for cash.
  1. It may be a condition of accepting the prize that the winner sign a legal release in a form determined by the Promoter in its absolute discretion.
  1. All entrants agree that if they win the prize, they will:
  • not sell or otherwise provide their story and/or photographs to any media or other organization, without the prior written consent of the Promoter;
  • comply with all the conditions of use of the prize and prize supplier’s requirements, if any;
  • receive and take the prize 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
  • be liable for all costs associated with the use of the prize, including but not limited to flights, transport, parking, insurance, transfers, spending money and accommodation, if applicable.
  1. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
  1. Where the prize includes a ticket, ticket allocation (date and seating) will be at the Promoter’s sole discretion.
  1. If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to State or Territory legislation.

 

Entrant’s Warranties

 

  1. By partaking in the promotion, the entrant:
  • consents to the collection, use and or disclosure of information provided by it for internal research, and current and future promotional, advertising and marketing activities of the Promoter, its associates and its prize sponsors, whether in Australia or overseas;
  • agrees 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;
  • consents to and authorizes 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;
  • consent to their entry becoming the property of the Promoter pursuant to the Copyright Act 1968 (Cth) or otherwise; and
  • acknowledges and agrees that the Promoter is entitled to do any of the abovementioned acts without compensation or fee, and that such consent is enduring.
  •  

Liability

 

  1. Subject to complying with all relevant State and Territory legislation, the Promoter reserves the right to amend, cancel or suspend this competition, including but not limited to circumstances where:
  • 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;
  • 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 promotion.

 

  1. The prize winner acknowledges and agrees that the Promoter is not responsible or liable for:
  • the unavailability or inaccessibility of any service whether or not caused by traffic congestion on the Internet or at any website;
  • unauthorised human intervention in any part of the competition;
  • electronic or human error which may occur in the administration of the competition;
  • any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
  • any theft, unauthorised access or third party interference;
  • 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;
  • any variation in prize value to that stated in these terms;
  • any delay, cancellation, postponement or attendance of a prize, if applicable; and
  • any tax liability incurred by a winner or entrant.

 

  1. 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 prize supplied again.

 

Statutory Warranties

 

  1. 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.

 

  1. Notwithstanding clause 32, 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 prize, promotion or competition except for any liability which cannot be excluded by law.

 

  1. 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:
  • the entrant breaching any of these terms;
  • a warranty given by the entrant proving to be untrue; or
  • any personal injury arising from or related to any wrongful or negligent act or omission by the entrant in connection with this competition.

 

Privacy

  1. The Promoter collects personal information about the entrant for the purposes of conducting this promotion. 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.
  1. All entries will be entered into a database and the Promoter may use the entrant’s names and email address for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid unless otherwise advised by the entrant.
  1. 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

  1. The Promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered.
  1. 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.

 

 

Short form T&Cs

Entry is open to Australian residents only over the age of 16 years. Promotion commences 7am on 10/01/2022 and closes 3pm on 14/01/2022. Prizes cannot be transferred, resold, exchanged, or redeemed for cash. This promotion is in no way sponsored, administered or associated with Instagram. Full T&Cs available at shop.coffeeclub.com.au/pages/terms-and-conditions-vegemite-merch-comp