The Coffee Club: “35th Birthday” Competition Terms and Conditions

General
  1. The Promoter: 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. Participating Store/s: Any The Coffee Club restaurant or café in Australia, excluding Charlotte Street and Ryde Eastwood.
  3. By entering this competition, you agree and are automatically deemed to have read, understood, and accepted these terms and conditions (terms).
  4. 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 18 years who are signed up to The Coffee Club Rewards App database with their registered email address (Registered Email), 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 stepchild (whether natural or by adoption), parent, step-parent, grandparent, sibling, uncle, aunt, niece, nephew.
  2. 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 registration ownership to claim a prize.
  3. 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 promotion opens at 9:00am AEST on 31 October 2024 and closes at 11:59pm AEST on 21 November 2024 (Promotional Period). The Promoter reserves the right to end the Promotional Period early, without notice, if the Prizes are exhausted and/or become unavailable.

  2. To participate, entrants must have downloaded ‘The Coffee Club Rewards App’ (App) and have a valid, active account in the App (Account). For further details regarding the App, please visit https://www.coffeeclub.com.au/loyalty.

  3. 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, whereby: a. At the later of the time entrants download the App and activate their Account, or the commencement of the Promotional Period, entrants will receive a coupon in their App (Initial Coupon). b. Entrants must make a purchase in-store at any Participating Store, and scan the Initial Coupon at the time of purchase. c. Upon completion of [11(b)], entrants will receive a further coupon in their App, detailing the Prize the entrant has won (Coupon). Coupons may take up to one (1) hour to generate in the App. d. Entrants must then scan the Coupon at any Participating Store to redeem the entrant’s Prize.

  2. An entrant is only entitled to redeem one (1) Coupon during the Promotional Period.

  3. The cost of accessing the App, promotional website, and/or complying with these terms will be the responsibility of the entrant.

  4. Entrants are required to take full responsibility for their Coupon and for ensuring that their entry complies with these terms.

  5. 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.

  6. The Promoter reserves the right to: a. Disqualify any entrant who: i. Tampers with the entry process (including but not limited to entrants 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. iii. 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. 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 promotion.

Draw and Notification
  1. The Prizes attributed to each Coupon will be randomly generated, via computer generation by the Promoter. The pool of entrants eligible to be randomly selected to win an Enamel Coffee Mug will be limited to entrants whose record of transactions stored in their App demonstrate that 100% of their transactions are conducted at the same Participating Store.
  2. The Prizes may either be instantly redeemed in-store at Participating Stores (subject to availability) or sent by the Promoter to entrants by way of registered post.
  3. If the Prizes are not available to be redeemed in-store, the qualifying entrant will receive: a. An email from the Promoter, requiring the entrant to complete and submit a form to the Promoter, detailing the qualifying entrant’s: i. Name. ii. Registered Email. iii. Postal Address. iv. Telephone Number. v. T-Shirt size (if applicable). b. Their Prize by way of registered post from the Promoter to their postal address nominated in accordance with [19(a)] herein. Prizes will be posted by the Promoter within six (6) weeks of the end of the Promotional Period, subject to any delays outside of the Promoter’s reasonable control.
  4. Entrants are required to take full responsibility to ensure their nominated postal address is correct. The Promoter will not be liable for any errors contained in the completed and submitted Form.
  5. If entrants do not claim their Prize with the Promoter in accordance with these terms by the end of the Promotional Period, they will be deemed to have forfeited their entitlement to their Prize.
  6. The Prize will be awarded to the owner of the Registered Email that scanned the valid Coupon.
  7. Any Prize draw decisions are final and binding and no correspondence will be entered into.
The Prize
  1. The entrants have the chance to win the following Prizes, in accordance with these terms (Prize/s):
Prize Maximum Number of Prize Winners (278,153 in total) Total Value of Prizes Prize Value (if applicable)
Breville Barista Express (2024) Coffee Machine 3 $2,247.00 $749.00
Enamel Coffee Mug 2,400 $12,960.00 $5.40
Three Stories Tote Bag 250 $3,105.00 $12.42
1989 T-Shirt 500 $8,065.00 $16.13
1989 Coffee Prices 200,000 $440,000.00 $2.20
Free Hash Brown 30,000 $123,000.00 $4.10
Free Slice of Birthday Cake 10,000 $65,000.00 $6.50
$5 Eggs on Toast 20,000 $178,000.00 $8.90
$5 Bowl of Chips 15,000 $43,500.00 $2.90

  1. The total Prize pool value is approximately AUD $875,877.00.

  2. The “1989 Coffee Prices” Prize entitles the Prize winners to one (1) small hot coffee, at the cost of $2.40. Surcharges apply for upgrades, extras, add-ons, syrups, and specialty milks.

  3. The “$5 Eggs on Toast” Prize entitles the Prize winners to one (1) “Eggs on Toast” menu item, at the cost of $5.00. Surcharges apply for upgrades, extras, add-ons, syrups, and specialty milks.

  4. The “$5 Bowl of Chips” Prize entitles the Prize winners to one (1) “Bowl of Chips” menu item at the cost of $5.00. Surcharges apply for upgrades, extras, add-ons, syrups, and specialty milks.

  5. The “1989 Coffee Prices”, “Free Hash Brown”, “Free Slice of Birthday Cake”, “$5 Eggs on Toast”, and “$5 Bowl of Chips” Prizes can only be redeemed in-store at Participating Stores.

  6. All entrants agree that if they win a Prize, they will: a. Not sell or otherwise provide their story and/or photographs to any media or other organization, without the prior written consent of the Promoter. b. Comply with all the conditions of use of the Prize and Prize supplier’s requirements, if any. c. 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). d. 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.

  7. Each Prize must be taken as stated and no compensation will be payable if a winner is unable to use the Prize as stated.

  8. 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.

Provision and Delivery of Prizes
  1. It may be a condition of accepting a Prize that Prize winners sign a legal release in a form determined by the Promoter in its absolute discretion.
  2. The Prizes (or any unused portion of the Prize) cannot be transferred, resold, exchanged, or redeemed for cash. No part of the Prize will be renewed, replaced, or exchanged if the Prize winners are unable to use the Prize for any reason.
Entrant’s Warranties
  1. By partaking in the promotion, the entrant: a. 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. b. 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. c. Consents to and authorizes the use of their name, likeness, voice, 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, without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed, and/or supplied by the Promoter. d. Consents to their entry becoming the property of the Promoter pursuant to the Copyright Act 1968 (Cth) or otherwise. e. 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: 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 promotion.

  2. The Prize winners acknowledge and agree 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. Unauthorized human intervention in any part of the competition. c. Electronic or human error which may occur in the administration of the competition. d. Any technical difficulties or equipment malfunction (whether or not under the Promoter’s control). e. Any theft, unauthorized access, or third-party interference. f. Any entry, prize, 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. g. Any variation in prize value to that stated in these terms. h. Any delay, cancellation, postponement, or attendance of a prize, if applicable. i. Any tax liability incurred by a winner or entrant.

  3. 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 servants 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.
  2. Notwithstanding [39] herein, 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.
  3. 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: a. The entrant breaching any of these terms. b. A warranty given by the entrant proving to be untrue. c. 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 ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers, and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.coffeeclub.com.au/privacy-policy. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research, and profiling purposes, including sending electronic messages or telephoning the entrant, without notice and without any fee being paid unless otherwise advised by the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update, or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. By entering this competition, entrants confirm that they allow their PI 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 into.
  2. 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.

NSW Authority No. TP/03920
ACT Permit No. TP 24/02430