Di Bella Coffee – Win a Year of Free Coffee valued at $732
Terms and conditions
TERMS AND CONDITIONS OF ENTRY FOR Di Bella Year of Coffee COMPETITION (“Promotion”)
By entering, participating and/or by clicking ‘enter’ or ‘post’ in the promotion, you are agreeing to the following terms and conditions (“Terms and Conditions”):
1. Information about the Terms and Conditions
1.1 Information on how to enter and the Prize form part of these Terms and Conditions. All entries must comply with these Terms and Conditions to be valid.
1.2 Entrants are responsible for ensuring their familiarity with the Terms and Conditions at the time of participation. The Promoter’s decision not to enforce a specific restriction (whether communicated to an Entrant or not) does not constitute a waiver of that restriction or of the Terms and Conditions generally.
1.3 All Entrants acknowledge that the Promoter can rely on these Terms and Conditions even if the Promoter only learns of a person’s ineligibility after the Promoter has awarded a Prize to the ineligible person. Return of the Prize or payment of its equivalent value to the Promoter may be required by the Promoter if this occurs.
1.4 Entries not complying with these Terms and Conditions are ineligible and the Promoter reserves its absolute right to disqualify any Entrant from the Promotion if any entries do not comply with these Terms and Conditions.
2. Entrants & Requirements
2.1 Entry is open to Australian residents aged eighteen (18) years or older (“Entrant”).
2.2 Employees of the Promoter, including all retail staff and their immediate families (including but not limited to 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 cousin) and associated agencies, providers and companies of the Promoter associated with this Promotion are not eligible to enter.
2.3 Entry to the Promotion is only open to individuals.
2.4 Entrants can only enter in their own name. The Promoter reserves the right to verify the validity of entries and Entrants (including age and place of residence) and to disqualify any Entrant who submits an Entry that is not in accordance with these Terms and Conditions or if the Entrant is engaged in any unlawful of other improper conduct which jeopardises the proper conduct of the Competition. The Promoter’s legal right to recover damages or other compensation in such instances is reserved. If the Promoter suffers loss or incurs any costs in connection with any breach of the Terms and Conditions or any other legal obligation of the Entrant, the Entrant agrees to indemnify the Promoter for those losses and damages and costs.
2.5 Individuals who meet the criteria in Clause 2 are ‘Eligible Entrants’ or ‘Entrants’.
3. Promotion Period
3.1 The Promotion commences at 7:00am (AEST) on 1 October 2017 and closes at 4:00pm (AEST) on 31 October 2017 (“Promotion Period”).
3.2 The Promoter accepts no responsibility for any entries not received for any reason during the Promotion Period.
4. How to Enter
4.1 Entry is via the Internet.
4.2 To be eligible for Entry, an Entrant must during the Promotion Period go to https://dibellacoffee.com/win-a-year-of-free-coffee, follow the link and complete their contact details on the Entry form.
4.3 An Entry is deemed to be completed upon receipt of a completed and valid Entry form.
4.4 The Promoter is not responsible for receipt of incorrect, inaccurate or incomplete information caused by an Entrant or occurring during transmission. Further, the Promoter shall not be responsible for any entries that are not received or are otherwise interfered with due to problems with communication services.
4.5 Entries are deemed to be received at the time of receipt into the Promoter’s database, not time of transmission by the Eligible Entrant.
4.6 By submitting a response, Entrants acknowledge and agree to be bound by these Terms and Conditions as posted as a link in the Facebook, Instagram or relevant social media post promoting the competition on the Page.
4.7 The use of automatic Entry software or any other mechanical or electronic means that allows an Entrant to automatically enter the Promotion repeatedly is prohibited and will render all entries submitted by the Entrant invalid.
4.8 The Entrant may not submit more than one Entry during the Promotion Period.
5. Prize Draw & Notification of Winners
5.1 At 9:00am (AEST) on Friday, 3 November 2017 (“Prize Draw Day”), the Promoter will select the winner as determined by the Promoter (in its absolute discretion and based on these Terms and Conditions) (“the Winner”) who will win the Prize.
5.2 Judging will take place at 1 Olympic Circuit, Southport in the State of Queensland.
5.3 All valid entries received during the Promotion Period will be entered into the draw, and stand a chance to win a Prize (as defined in clause 6 below).
5.4 The Winners will be determined by the Promoter using random coding in an excel spreadsheet based on data collected from Entrants from their Entries, or as otherwise determined by the Promoter in its absolute discretion.
5.5 The Winner will be contacted via email or telephone by 5:00pm (AEST) Monday, 6 November 2017 (“Date of Notice”).
5.6 The Winner will be required to contact the Promoter either by email or telephone and provide their personal details including but not limited to, their phone number, email address and postal address on or before 5:00pm (AEST) Friday, 10 November 2017 so that the Prize deliver may be arranged.
5.7 The Promoter reserves the right at any time to verify the validity of Prize claims and disqualify any Entrant who submits a Prize claim that is not in accordance with these Terms and Conditions or who tampers with the Entry process. Errors or omissions may be accepted at the Promoters discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
5.8 If there is a dispute as to the identity of an Entrant or Winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the Entrant or Winner.
5.9 In the event that the Winner is unable to be contacted, or the Winner does not contact the Promoter and/or fails to provide the information required as set out in clause 5.6 above, on or before 5:00pm (AEST) Monday, 13 November 2017 the Winner is deemed to have forfeited the Prize and the Promoter reserves the right to award the Prize to another Entrant at its sole and absolute discretion. The Prize remains the property of the Promoter until claimed by the Prize Winner.
6.1 The Winner will receive one (1) kilogram of blend coffee and two hundred and fifty (250) grams of single origin coffee, delivered each month, to a total of fifteen (15) kg, over a twelve (12) month period (“Prize”).
6.2 The total Prize is valued at seven hundred and thirty two dollars ($732.00) (inclusive of all taxes, fees and GST).
6.3 The Prize is to be taken ‘as is’ and without any kind of warranty or customisation.
6.4 If the Prize or part of the Prize is unavailable, for whatever reason, the Promoter, in its absolute discretion, reserves the right to substitute and or vary the Prize (or part thereof) with a Prize to the equal value and or specification, subject to any discretion from a State and/or Territory regulatory authority where necessary.
6.5 The Prize or any unused portion of the Prize is not transferable or exchangeable and cannot be taken for cash. Any ancillary costs associated with redeeming the Prize are not included and must be borne by the Winner. If for any reason a Winner does not take the Prize (or any portion of that Prize) by the time stipulated by the Promoter, the Prize (or any unused portion of that Prize) will be forfeited.
6.6 Once the Prize has left the Promoter’s Head Office, the Promoter takes no responsibility for any damage or loss that may occur.
7. Social Media
7.1 This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. Entrants understand that they are providing their information to the Promoter and not to Facebook, or Instagram or any other social media platform. The information any Entrant provides will only be used for the purposes outlined in the Terms and Conditions. Any questions, comments or complaints about this Competition must be directed to the Promoter and not to Facebook, Instagram or any other social media platform.
7.2 Facebook, Instagram or any relevant social media platform will not be liable for any loss or damage or personal injury which is suffered or sustained by any Entrant, as a result of participating in the Promotion except for any liability which cannot be excluded by law.
8.2 Any personal information collected from the Entrant will be used by the Promoter for direct marketing purposes only and will not be disclosed or on-sold to other promoters.
8.3 By submitting your Entry into this Promotion you are accepting the Terms and Conditions herein and you are expressly consenting to the Promoter using your personal information to send to you any direct marketing by any method available to the Promoter.
9. Costs and expenses
9.1 Any costs associated or arising in connection with winning a Prize or, with accessing the Promotion website or Page is the Entrant’s responsibility and is dependent on the internet service provider used. Eligible Entrants must submit their entries manually using an internet browser.
9.2 Any tax liability arising as a result of accepting any Prize is the responsibility of the Winner.
10. Intellectual Property
10.1 Entrants consent to the Promoter using the Entrants name, likeness, image and/or voice in the event they are a Winner in any media for an unlimited period without remuneration for the purpose of promoting this Promotion (including any outcome), and promoting manufactured, distributed and/or supplied by the Promoter.
10.3 The Promoter collects personal information in order to conduct the Promotion and may, for his purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australia regulatory authorities. Entry is conditional upon providing this information. It is condition of Entry that the Entrant agrees to be entered into the database. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing publicity, research and profiling purpose, including sending electronic messages, sending newsletters and other promotional offers or telephoning the Entrant. Entrants should direct any requests to opt out, access, update or correct information to the Promoter, in writing.
10.4 All personal details of Entrants will be stored at the office of the Promoter. Upon the Entrant’s request, all information provided will be removed from our active database. To request for these details to be removed, Entrants should direct any requests to the Promoter, in writing. Information will be removed as soon as reasonably possible in accordance with applicable laws.
11. No liability
11.1 Except for any liability that cannot be excluded by law, the Promoter (inclusion its officers, employees, agents and related bodies corporate) shall be responsible for and excludes all liability (including negligence) for any personal injury, or any loss of damage (including loss of opportunity) whether direct, indirect, special or consequential arising in any way out of the following:
(a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
(b) any theft, unauthorised access or third part interference;
(c) 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 control of the Promoter;
(d) any tax liability incurred by the Winner or any Entrant; and
(e) taking of and redemption of the Prize.
11.2 If for any reason, the Promotion is not capable of being run as planned, including due to infection by computer virus, bugs, network failure, tampering, unauthorised intervention, fraud or any other causes outside the Promoters control which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter reserves the right, in its absolute discretion to take any action that may be available to it, including, but not limited to cancelling, terminated, modifying or suspecting this Promotion.
11.3 The laws of Australia apply to this Promotion, Entrants submit to the exclusive jurisdiction of the courts of Australia.
12. General Information
12.1 The Promoter’s decision in relation to an aspect of these Terms and Conditions and the Promoter is final and binding on every person who enter. No correspondence will be entered into. Prizes will only be awarded following any winner validation and verification that the Promoter requires.
12.2 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 control of the Promoter, the Promoter reserves the right, to the fullest extent permitted by law to:
(a) disqualify the Entrant; or
(b) to modify, suspend, extend, terminate or cancel the Promotion.
12.3 Nothing in the Terms and Conditions limit, exclude or modify 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 similar consumer protection laws.
12.4 A request by an Entrant to change or modify any information provided should be directed to the Promoter in writing.
13. Promoter Details
The Promoter is RFGA Management Pty Ltd ACN 071 765 609 of 1 Olympic Circuit, Southport in the state of Queensland and its substitutes, successors and permitted assigns (“the Promoter”). For more information, call 07 3163 8121.
NSW Permit No. LTPS/17/18290