Otherside Brewing Co. Beer your ‘Burb Instagram Promotion Terms and Conditions

Promoter

Otherside Brewing Co. (ABN 57 612 743 530), 84 McCoy Street, Myaree WA 6154.

Who can enter?

Only Australian residents who:

1.     (a)  are aged 18 or over

2.     (b)  are residents of Western Australia

Who can't enter?

Directors, officers, management and employees (and their immediate families) of:

1.     (a)  the Promoter; and

2.     (b)  the agencies, companies or participating premises associated with this competition

Competition Period

28/10/2018 to 27/1/2019

Entry instructions

To enter, you must, during the Competition Period:

1.     access the Instagram application on your smart phone or tablet and ensure your privacy settings are set to public so the Promoter can access your entry;

2.     Take a photo of you and/or your friends enjoying an Otherside beverage or beverages (the photo must only promote the Promoter's products)

3.     Post your photo to your Instagram profile.

4.     Come up with a beer name based around your suburb and put it in the post caption.

5.     Tag @Otherside_Co in the post and use the hashtag #BeerYourBurb.

How many winners will there be and how will they be chosen?

This is a game of skill. Chance plays no part in how a winner will be selected.

All entries will be reviewed and judged by the Promoter (or by appointed judge/s) based on selected criteria, e.g. creativity, originality, humour, brand suitability, etc. The Promoter reserves the right to shortlist and publicly announce entries during the judging process. Shortlisted entrants are not entitled to a prize, unless they are subsequently deemed the winner.

The entry judged to be the best will win a prize.
The Promoter may judge additional reserve entries and record them in order, in case a winning entry/entrant is deemed invalid or a prize is unclaimed (Reserve Entrants).

The entries judged to be the best each month will each win a monthly prize.

What can I win?

There is 1 prize available.

The prize is a beer brewed and labelled with your winning name and style, and a party organised and held in your suburb (or a location nearby, pending relevant approvals) by the Promoter.

The day of the party will be dependent on relative council and authority approvals, in addition to a day that allows the winner to attend.

Total prize pool

The total prize pool is $20,000.

How many times can I enter?

Multiple entries are permitted, however each entry must be based on a separate response, and must be submitted separately in accordance with these Terms and Conditions.

How and when will the winner/s be informed?

Winner/s will be announced on the Promoters social media channels after the Competition Period ends, the week after Australia Day 2019.

The winner will also be contacted via direct message on Instagram.

Unclaimed prize/s

Prize claim date: By close of business in Otherside Brewhouse on Sunday 03/02/19

If a prize has not been accepted or claimed by the prize claim date above or if, after making all reasonable attempts, the winner can't be contacted (or a winner does not contact the Promoter) by the prize claim date above, the relevant entry/ies will be discarded and the Promoter will re-award the relevant prize/s to Reserve Entrant/s and/or withdraw the prize as unawarded.

Collection and use of your personal information

If you are a winner, you and (if applicable) your companion/s must take part in all publicity, photography and other promotional activity as the Promoter requires, without any compensation. You/your companion/s consent to the Promoter using your name/s and image/s in any promotional or advertising activity.

The Promoter may collect your/your companion/s' personal information directly or through its agents or contractors. The Promoter will use your/your companion/s' personal information to conduct and manage the competition. The Promoter may disclose your/your companions' personal information to its related companies, agents and contractors to assist in conducting this competition, communicating with you/your companions or storing data. This may include disclosures to organisations outside Australia including in places such as the USA.

By entering, you consent to the Promoter keeping your personal information on its database to use for future marketing purposes, including contacting you by electronic messaging. By entering, you consent to receive email from the Promoter.

The Promoter’s Privacy Policy can be found at https://www.othersidebrewing.com.au/privacy-policy/

Responsible drinking

Enjoy alcohol responsibly. Consider the safe drinking levels recommended in the National Health and Medical Research Council Australian Guidelines to Reduce Health Risks from Drinking Alcohol – see: http://www.nhmrc.gov.au/_files_nhmrc/file/publications/synopses/ds10-alcohol.pdf. Where relevant, your participation in this competition may be subject to the liquor serving policy of businesses conducting the competition and/or providing the prize.


General Terms and Conditions

1.     These Terms and Conditions incorporate and must be read together with the details outlined in the Otherside Brewing Co. Beer your ‘Burb Instagram Promotion Terms and Conditions above. Information about prizes and how to enter forms part of these Terms and Conditions. By entering, you accept these Terms and Conditions.

Entry

2.     Your entry must be received during the Competition Period and will be deemed to be received only when received by the Promoter. If you enter using automatically generated entries or multiple phone numbers/email addresses/addresses/aliases/social media accounts, you may be disqualified.

3.     Every entry must be your original work and not copied. You warrant that your entry does not breach any third party rights (for example, intellectual property rights) and its use by the Promoter or any other person will not breach such rights nor otherwise breach any law (for example, it is not defamatory, in contempt of court or in breach of any privacy law). Your entry must not be obscene, offensive, malicious, discriminatory, indecent or (in the Promoter's opinion) otherwise objectionable or inappropriate (for example it must not include nudity or language the Promoter deems offensive).

4.     You must not include any other person in your entry unless they have consented to you submitting it in this competition. You must not include any person in your entry who is under the age of 18 years. You must ensure your entry does not contain any virus, malware or other malicious or inappropriate computer code or material. You acknowledge that your entry and your name may be made publicly available by the Promoter (in its absolute discretion) and will be accessible to the general public to view.

5.     The Promoter may copy and amend your entry and may use (or allow others to use) your entry and any rights in relation to your entry, to publicise this competition or for any other purpose. These rights are perpetual, royalty free, world-wide, irrevocable and transferable. For example, the Promoter may publish all or any part of your entry or any amended version of it. The Promoter may also decide not to publish an entry, to cease publication of an entry, or to publish an edited entry.

6.     Where entry is via Instagram, you must follow the relevant Instagram Social Media Account up until the determination of the winner/s in order to be eligible to receive a prize.

Prizes

  1. Prize/s and all elements of prize/s must be taken as and when offered or will be forfeited, and if forfeited, the Promoter will not be liable. Prize/s are subject to any additional terms and conditions imposed by the relevant supplier or the Promoter.

  2. You/your companion/s are responsible for all other unspecified costs related to the prize, including meals, transport, insurance (including excesses), in-room charges, additional taxes, mobile or data plans, installation costs, costs associated with ongoing use of the prize, etc.

  3. The Promoter is not responsible for any dispute between you and any person with whom you choose to, or choose not to, share the prize.

  4. Where relevant, the Promoter accepts no responsibility if one or more of the events or activities awarded as part of the prize are abandoned, called off or postponed for any reason. In that case you/your companion/s forfeit your entitlement to that event/activity. Unless otherwise specified by the Promoter, you will not be given cash or any alternative prize as a substitute for this altered prize element.

  5. Where alcohol is available as part of a prize, it will be served in line with the responsible service of alcohol guidelines carried out by the Venue/Outlet staff and management. Venue/Outlet staff and management reserve the right to refuse service of alcohol to any prize winner/s or their companion/s if they are deemed to be inebriated.

General

  1. Any failure by you or (if applicable) your companion/s to comply with the conditions imposed by the prize supplier(s) may result in the prize being cancelled or withdrawn without liability for the Promoter or the prize supplier(s).

  2. For event-based/travel prizes, you and (if applicable) your companion/s accept that some aspects of the prize may be inherently risky and that the prize may involve dangerous activities.

  3. If specified, in order to participate in the activity/activities awarded as part of the prize, you/your companion/s must comply with any applicable conditions (e.g. height, weight, health and fitness requirements). You must ensure that you/your companion/s are healthy and fit enough to take the prize. You/your companion/s must follow all requirements of the people responsible for managing the relevant activity/ies.

  4. You/your companion/s must, if required by the Promoter, sign disclaimer and release forms provided by the Promoter in favour of the Promoter and other parties before taking the prize. If you or any companion/s do not sign, your entry will be deemed invalid and you will lose any entitlement to a prize.

  5. If you or your entry are deemed by the Promoter to breach these Terms and Conditions including if the prize is on set dates and you are unable to take the prize on the relevant date/s, your entry (or at the Promoter's discretion, all of your entries) may be discarded. The Promoter may, at any time, require you to produce documentation to establish to the Promoter's satisfaction the validity of your entries (including documentation establishing your identity, age, place of residence and place of employment). Failure by the Promoter to enforce any of its rights at any stage does not waive those rights.

  6. You must not:

    1. (a)  tamper with the entry process;

    2. (b)  engage in any conduct that may jeopardise the fair and proper conduct of the competition;

    3. (c)  act in a disruptive, annoying, threatening, abusive or harassing manner;

    4. (d)  do anything that may diminish the good name or reputation of the Promoter or any of its related entities or of the agencies or companies associated with this competition;

    5. (e)  breach any law; or

    6. (f)  behave in a way that is otherwise inappropriate.

18.   If companion/s can take the prize with you, you are responsible for your companion/s and the Promoter may disqualify all entries from, and prohibit further participation in this competition by, you or any or all of your companion/s if they breach these conditions, whether or not legally bound by them.

  1. If you (or your companion/s, if applicable), in the opinion of the Promoter (and/or a medical professional, as relevant to the circumstances), are intoxicated, under the influence of alcohol or any other drug, behave aggressively or offensively, or behave in a manner which may diminish the good name or reputation of the Promoter or any of its related entities or the agencies or companies associated with this competition, is contrary to law or is otherwise inappropriate, the Promoter may cancel the prize or restrict you (and your companion/s) from participating in any elements of the prize, at its discretion.

  2. The Promoter is not liable for entries, prize claims or correspondence that are misplaced, misdirected, delayed, lost, incomplete, illegible or incorrectly submitted including failure of any third parties to forward entry forms for inclusion in the draw, where relevant.

  3. The Promoter’s decision in connection with all aspects of this competition is final.

  4. Prizes cannot be transferred or exchanged nor (except where cash is specified) redeemed for cash. Without limiting any other term of these Terms and Conditions, all prizes (and elements of prizes) must be taken as and when specified, or will be forfeited with no replacement. The prize values are correct as at the date of preparing these Terms and Conditions and include any applicable GST. The Promoter is not responsible for any change in prize value. You agree that if a prize (or element of a prize) is unavailable for any reason the Promoter may provide another item of equal or higher value.

  5. If publication will take place, by entering, you request that your full address not be published.

  6. If this competition cannot run as planned for any reason beyond the Promoter's control, for example due to software, hardware or communications issues, unauthorised intervention, tampering, fraud or technical failure, the Promoter may end, change, suspend or cancel the competition or disqualify affected entries/entrants.

  7. The Promoter is not responsible for any tax implications arising from you winning a prize. You should seek independent financial advice. If for GST purposes this competition results in any supply being made for non-monetary consideration, you must follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.

Liability

  1. Nothing in these Terms and Conditions restricts, excludes or modifies any consumer rights under any statute including the Competition and Consumer Act 2010 (Cth).

  2. Subject to the previous paragraph, the Promoter and the agencies and companies associated with this competition are not liable (including in negligence) for any loss (including indirect, special or consequential loss or loss of profits), expense, damage, personal injury (including allergies, skin conditions or other reactions, as relevant), illness or death suffered in connection with this competition or any prize, except for any liability which under statute cannot be excluded (in which case that liability is limited to the greatest extent allowed by law).

  1. Without limiting the previous paragraph, the Promoter and the agencies and companies associated with this competition are not liable for any loss of, damage to or delay in delivery of prize/s, or for any damage that occurs to displayed prize/s (where relevant). Unless otherwise specified, prize/s will only be delivered to addresses in Australia.

  2. This competition is in no way sponsored, endorsed or administered by, or associated with any social media platform, including Facebook, Instagram and Twitter. You provide your information to the Promoter and not to any social media platform. You completely release any relevant social media platforms from any and all liability.