Bundaberg Ginger Beer – Win a share of $20,000 (1,000 each week and grand prize of 10,000)
“BREW OR FALSE” PROMOTION
TERMS AND CONDITIONS
Introduction and the Promotional Period1. Instructions on how to play, claim, enter and the prizes and rewards form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions. This promotion is not valid in conjunction with any other promotion.
2. The promoter (“Promoter”) is Bundaberg Brewed Drinks Pty Ltd (ABN: 40 009 781 953), 147 Bargara Road, Bundaberg, Queensland 4670 (in Australia) and Neill, Cropper & Co. LTD, Unit C3, 4 Pacific Rise, Mount Wellington, Auckland (in New Zealand).
3. Promotion commences on 03/01/2014 and ends at 11.59pm Australian Eastern Daylight Saving Time (“AEDST”) on 13/03/2014 (“Promotional Period”). Stocks of prizes and rewards to be awarded in this promotion are strictly limited to the numbers outlined in these Terms and Conditions.
4. To be eligible to participate, eligible individuals must visit www.brewedtruth.com/brew-or-false (“Website”), provide any requested information to gain access to the Website, and then follow the prompts on screen to play one (1) or more of the challenges in the “Brew or False” game (“Brew or False Game”) during the Promotional Period. The Brew or False Game will consist of three (3) different challenges, as outlined below.
Challenge 1 – Weekly Draw and Major Draw Level
5. Participation and entry in this challenge is only open to Australian and New Zealand residents. Individuals under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the individual must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor participating in this promotion. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: 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 1st cousin.
6. In this challenge an eligible individual must follow the prompts on the Website to correctly answer (1) true or false question featured on the Website. Once an individual answers one (1) question correctly, they will be eligible to enter the Weekly Draw corresponding to their time of entry and the Major Draw (as defined below) by following the prompts on screen to provide their requested personal details (including first and last name, valid email address, age, gender and contact telephone number) (“Entry”).
7. Multiple Entries into the Weekly Draw and the Major Draw are permitted subject to the following:
Only one (1) Entry is permitted per person per day;
Only one Entry is permitted per email address per day; and
Each Entry must be submitted separately and in accordance with these Terms and Conditions.
Any person the Promoter deems (acting reasonably) to have utilised multiple identities, email addresses and/or any other details to participate in the promotion (including to Enter multiple times each day) will be disqualified at the Promoter’s discretion (and will be ineligible to claim any prize or reward).
8. Eligible individuals will also be able to receive one (1) bonus entry into the Major Draw by following the prompts on the Website to register/sign up for the Brew Crew (“Bonus Major Draw Entry”). There is a strict limit of one (1) Bonus Major Draw Entry per person and one (1) Bonus Major Draw Entry per email address.
9. There will be a draw conducted for the entries received each week of the Promotional Period (“Weekly Draws”) and for all entries received during the Promotional Period (“Major Draw”). Entries close for each draw at 11.59pm AEDST on the dates specified in the table below. Entries into the first Weekly Draw open on 03/01/2014 and entries into each subsequent Weekly Draw open as soon as entries into the previous Weekly Draw close. All draws will take place at Anisimoff Legal, Level 5, 492 St Kilda Road, Melbourne VIC 3004 at 1pm AEDST on the dates specified in the table below. Entries in each Weekly Draw will NOT be entered into any subsequent Weekly Draws, however, all entries received during the Promotional Period (including Weekly Draw winners) will be entered into the Major Draw. Weekly and Major winners will be notified by email within two (2) business days of the relevant draw and published on the Website from the dates specified in the table below.
Draw
Entries close
Draw date
Publication date
Weekly Draw 1
09/01/2014
10/01/2014
10/01/2014
Weekly Draw 2
16/01/2014
17/01/2014
17/01/2014
Weekly Draw 3
23/01/2014
24/01/2014
24/01/2014
Weekly Draw 4
30/01/2014
31/01/2014
31/01/2014
Weekly Draw 5
06/02/2014
07/02/2014
07/02/2014
Weekly Draw 6
13/02/2014
14/02/2014
14/02/2014
Weekly Draw 7
20/02/2014
21/02/2014
21/02/2014
Weekly Draw 8
27/02/2014
28/02/2014
28/02/2014
Weekly Draw 9
06/03/2014
07/03/2014
07/03/2014
Weekly Draw 10
13/03/2014
14/03/2014
14/03/2014
Major Draw
13/03/2014
14/03/2014
14/03/2014
10. The first valid entry drawn in each Weekly Draw will each win AU$1,000.00.
11. The first valid entry drawn in the Major Draw will win AU$10,000.00.
12. A draw for any unclaimed Weekly Draw or Major Draw prizes may take place on 16/06/2014 at the same time and place as the original draws, subject to any directions from a regulatory authority. Winner(s), if any, will be notified in writing within two (2) business days of the draw and their name(s) will be published on the Website on 18/06/2014.
Challenge 2 – Rewards Level
13. Participation and claims in this challenge are only open to Australian and New Zealand residents. Individuals under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the individual must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor participating in this promotion. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: 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 1st cousin.
14. In this challenge an eligible individual must follow the prompts on the Website to correctly answer ten (10) true or false question featured on the Website. The questions do not need to be answered correctly in consecutive order, however, they must all be answered during a single browser session. While stocks of rewards last, once an individual answers ten (10) question correctly, the individual will be able to claim a reward of a deck of Bundaberg Brewed Drinks branded playing cards valued at AU$10.00, by following the prompts on screen to provide their requested personal details (including first and last name, valid email address, postal address, age, gender and contact telephone number).
15. Rewards are strictly limited to the first 4,500 valid claims received. If stocks of rewards run out prior to the end of the Promotion Period, individuals will no longer be able to claim the reward on the Website.
16. The following limits apply to this challenge:
only one (1) claim and reward is permitted per person; and
only one (1) claim and reward is permitted per email address.
Any person the Promoter deems (acting reasonably) to have utilised multiple identities, email addresses and/or any other details to participate in the promotion (including to claim a reward multiple times) will be disqualified at the Promoter’s discretion (and will be ineligible to claim any prize or reward).
Challenge 3 – Rapid Fire Level
17. Participation and entry in this challenge is open to all visitors to the Website, subject to the following:
a) individuals under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the individual must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor participating in this promotion; and
b) employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: 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 1st cousin.
18. In this challenge, individuals must answer correctly as many true or false questions featured on the Website as possible, in a time period of sixty (60) seconds. Individuals will be allocated a score based on how many questions they answer correctly (and also how quickly they answer the questions). For the avoidance of doubt, scores will be firstly based on the number of questions answered correctly and if more than one individual answers the same number of questions correctly, they will then be ranked based on how recently the correct answers were provided. Once they complete this challenge, for their chance to win a Rapid Fire Level prize, individuals must follow the prompts on screen to register their details (by providing their first and last name, valid email address, postal address, age, gender and contact telephone number) and post their score on the leaderboard. Individuals can try and improve their score by playing the Rapid Fire Level multiple times.
19. The valid individual that achieves the highest valid score on the leaderboard each week (with each week ending at 11.59pm AEDST each Thursday from 09/01/2014 to 13/03/2014) will win the Rapid Fire Level prize.
20. For the avoidance of doubt, the leadboard will be re-set each week, with only scores achieved each week (Friday to Thursday) posted on the leaderboard and eligible to win the prize for that week. Each Rapid Fire weekly winner will be featured on a Championship Leaderboard on the Website.
21. The following limits apply to participation in this challenge:
only one (1) Rapid Fire Level prize is permitted per person;
only one (1) Rapid Fire Level prize is permitted per email address;
only one (1) Rapid Fire Level prize is permitted per postal address; and
a total of ten (10) Rapid Fire Level prizes will be awarded across the Promotional Period.
For the avoidance of doubt, once an individual has won a Rapid Fire Level prize, he/she will still be able to play the Rapid Fire game, however, they will not be eligible to register for inclusion on the leaderboard. Any person the Promoter deems (acting reasonably) to have utilised multiple identities, email addresses, postal address and/or any other details to participate in the promotion (including to claim a prize multiple times) and any person that tampers with the Brew or False Game (including but not limited to by using automated software or systems to generate a score) or otherwise tampers with the Website will be disqualified at the Promoter’s discretion (and will be ineligible to claim any prize or reward).
22. In the event that two or more individuals achieve the same top score in a particular week, then these individuals will be required to provide the Promoter with a response in 25 words or less as to why they deserve to win the prize. The answers provided will then be judged by the Promoter based on originality and creativity and the tied individual who submits the answer deemed to be the best will win the relevant weekly prize.
23. Each Rapid Fire Level prize is valued at AU$50.00 RRP and consist of a personalised 6 pack of Bundaberg Brewed Drinks (with flavours selected by the winner, subject to availability), a set of two (2) Bundaberg mason jars, a cocktail muddler and a set of ten (10) coasters. The Promoter reserves the right, in its absolute discretion, to award an alternative prize of its choice (of equivalent value) if the winner is not from Australia or New Zealand.
24. Unless stated otherwise, following notification of their win, each Rapid Fire Level winner must supply the Promoter with a photo of themselves and a name to be included on the personalised label of the 6 pack of the Bundaberg Brewed Drinks. The Promoter reserves the right to refuse to print any photos or names which, in the Promoter’s eyes, are obscene, offensive or otherwise unacceptable for use. If the winner fails to provide a photo or provides a photo that the Promoter deems to be unacceptable for use, the Promoter will supply a generic 6 pack cartons of the winner’s flavour of choice. Each winner warrants to the Promoter that the photo supplied is an original work of the winner that does not infringe the rights of any third party and agrees to indemnify the Promoter against all costs and claim by third parties arising from a breach of this warranty. Each winner licenses the Promoter to reproduce/use the supplied photo on the relevant pack and publish the photo on the Website (on the leaderboard and any other location on the Website) and agrees to the Promoter modifying and editing/cropping the photo as needed for printing/publication purposes. Winners agree not to assert any moral rights in relation to the intended use/publication and warrant that they have the full authority to grant these rights.
General
25. Individuals will have an option to ‘share’ their progress in the Brew or False Game and other selected content at various levels on their social media platforms, however, this is not a condition of participation.
26. Once a prize or reward win is validated, the Promoter will dispatch the prize/reward to the address specified at the time of claim/entry.
27. Total prize and reward pool value is AU$65,500.00. All prize values are in Australian dollars.
28. The Promoter reserves the right, at any time, to verify the validity of scores, claims, entries and individuals (including an individual’s identity, age and place of residence) and to disqualify any individual who submits a claim, entry or score that is not in accordance with these Terms and Conditions or who tampers with the Website in any way, including the Brew or False Game and the claim/entry process. Errors and omissions will be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
29. Incomplete or indecipherable claims, entries or scores will be deemed invalid.
30. If there is a dispute as to the identity of an individual, the Promoter reserves the right, in its sole discretion, to determine the identity of the individual.
31. Individuals who are eligible to claim a reward will be notified in writing on screen. Individuals who win a Rapid Fire Level prize or a Weekly Draw or Major Draw prize will be notified by email.
32. The Promoter’s decision is final and no correspondence will be entered into.
33. Prizes and rewards are strictly limited to the numbers outlined above. If all rewards are claimed prior to the end of the Promotional Period, individuals will no longer be able to win rewards in respect of Challenge 2 – Rewards Level, however, they will still be able to participate in Challenge 1 – Weekly Draw and Major Draw Level and Challenge 3 – Rapid Fire Level for the duration of the Promotional Period.
34. Each prize and reward is subject to the standard terms and conditions of individual prize, reward and service providers.
35. If an individual under 18 years of age wins any prize or reward, the Promoter reserves the right to award the prize or reward to the individual’s nominated parent or guardian on the successful individual’s behalf.
36. If for any reason an individual does take/claim a prize or a reward (or an element of the prize or a reward) at/by the time stipulated by the Promoter, then the prize or reward (or that element of the prize or reward) will be forfeited.
37. If any prize or reward (or part of any prize or reward) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize or reward (or that part of the prize or reward) with a prize or reward to the equal value and/or specification, subject to any written directions from a regulatory authority.
38. Prizes and rewards, or any unused portion of a prize or reward, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
39. Any cash prizes will be awarded in the form of a transfer into the winner’s Australian or New Zealand nominated account.
40. Individuals consent to the Promoter using their name, likeness, image and/or voice in the event they claim a prize or a reward (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
41. 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 reasonable control of the Promoter, including but not limited to war, terrorism, state of emergency or disaster, technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any individual; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
42. Any cost associated with accessing the Website and playing the Brew or False Game is the individual’s responsibility and is dependent on the Internet service provider used.
43. The use of any automated software or any other mechanical or electronic means that allows an individual to automatically play the Brew or False game, submit scores or claim or enter repeatedly is prohibited and will render all scores, claims and entries submitted by that individual invalid.
44. The Promoter reserves the right to verify any scores, claims and entries where it reasonably suspects scores, claims or entries were not obtained by legitimate means and in accordance with the rules of the Brew or False Game, and to disqualify and invalidate any individual found to have breached these Terms and Conditions and/or the rules of the Brew or False Game. The exact verification procedures will be determined by the Promoter in its discretion.
45. Nothing in these Terms and Conditions limits, excludes or modifies 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 the ASIC Act or similar consumer protection laws in the State and Territories of Australia or any statutory consumer guarantees as provided under consumer protection laws in New Zealand (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
46. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any claim/entry/score that is late, lost, altered, damaged or misdirected (whether or not after its receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize/reward value to that stated in these Terms and Conditions; (e) any tax liability incurred by an individual; or (f) playing the Brew or False Game and/or use/redemption of a prize or reward.
47. As a condition of claiming a prize or reward, each individual must sign any legal documentation as and in the form required by the Promoter and/or prize or reward suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
48. The Promoter collects personal information (“PI”) in order to conduct the promotion and may, for this purpose, disclose PI to third parties, including but not limited to agents, contractors, service providers, prize and reward suppliers and as required, to Australian regulatory authorities. Claiming, entering and/or submitting a score is conditional on providing this information. The Promoter will also use and handle personal information as set out in its Privacy Policy, which can be viewed at http://www.bundaberg.com/info/legals/privacy_policy/. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may also, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the individual. Individuals should direct any request to opt out, or access, update or correct information to the Promoter and direct any complaints regarding treatment of their PI according to the Privacy Policy. All claims/entries become the property of the Promoter. PI will not be disclosed to any entity outside of Australia.
49. If an individual elects to register on the Website via Facebook, their continued participation in the promotion is dependent on following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php.
50. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Individuals understand that they are providing their information to the Promoter and not to Facebook. The information an individual provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook. Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by an individual, as a result of participating in the promotion (including taking/use of a prize/reward), except for any liability which cannot be excluded by law.
51. The laws of Australia apply to this promotion to the exclusion of any other law. Individuals submit to the exclusive jurisdiction of the courts of Australia.
NSW Permit No. LTPS/13/09922 VIC Permit No. 13/2897 ACT Permit No. TP13/04474 SA Permit No. T13/2243