The Coffee Club: Facebook and Instagram VIP Club Membership Giveaway Terms and Conditions

General

  1. “The Promoter” is The Coffee Club Franchising Company Pty Ltd (ABN 83 128 563 333 trading as The Coffee Club, Level 13, 199 Grey Street, South Bank QLD 4101.
  2. By entering this competition, you agree and are automatically deemed to have read, understood, and accepted these terms and conditions (terms).
  3. 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, 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, stepparent, 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 proof of 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 competition commences at 12:00pm (AEDST time) on 23 October 2020 and will close at 11.59pm (AEDST time) on 8 November 2020.
  2. 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, not at the time of transmission by the entrant.
  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 skill, and chance plays no part in determining the winner, where entrants are required to:
  • “like” the Facebook or Instagram post on The Coffee Club Facebook or Instagram page (available at https://www.facebook.com/tccau and @thecoffeeclubaustralia) detailing the competition, entitled “Win a VIP Membership for You and a Friend”; and
  • comment on the post in 25 words or less “who your favourite coffee buddy is and why” (the Competition Question).
  1. A person may only submit one entry.
  2. The cost of accessing the promotional website, will be dependent on the entrant’s individual internet service provider.
  3. Entrants are required to take full responsibility for the content of their entry and for ensuring that their entry complies with these terms.
  4. 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.
  5. 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. Five prizewinners will be drawn from all valid entries by a judging panel of the Promoter on Friday, 13 November 2020 at Level 13, 199 Grey Street, South Bank QLD 4101 based on the following criteria:
  • originality in answering the Competition Question (answers must not have been published previously and/or used to win prizes in any other competitions);
  • innovation in answering the Competition Question;
  • creativity in answering the Competition Question; and
  • entries complying within the 25 word limit.
  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.
  2. The prizewinners will be notified by phone, e-mail, or direct/private message (via Facebook) within 24 hours of the draw.
  3. Details of the prizewinners will be advertised in accordance with the relevant State or Territory regulations or legislation.
  4. If the prizewinner/s 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.
  5. If the prize is unclaimed after the expiry of this timeframe (or returned to sender after posting), the Promoter may dispose of such prize at its sole discretion and does not need to select another prizewinner.
  6. The prize will be awarded to the person named in the entry. However, in a dispute, will be awarded to the account holder of the entry mechanism used to submit their entry (i.e. Internet Service Provider account holder).
  7. Delivery of the prize will be made within 28 days of the prizewinner acknowledging acceptance of the prize.

The Prize

  1. The prizewinners will each receive one of five (5) double The Coffee Club VIP annual memberships (VIP Club Membership) for themselves and a friend of their choosing. The total number of memberships that are included in the prize pool is ten (10) with a total prize pool value of $225.
  2. If the winner and their friend already hold a VIP Club Membership, their current membership will be extended for an additional twelve (12) months.
  3. The prize cannot be transferred, resold, exchanged, or redeemed for cash.
  4. 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.
  5. 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.
29. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated
30. 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 prizewinner 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 or any other relevant legislation which cannot be excluded, restricted, or modified.
  2. Notwithstanding clause 30, 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:
  • 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. 
  2. 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.
  3. 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 competition is in no way sponsored, endorsed, administered by, or associated with Facebook or Instagram.
  2. The Promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered.
  3. Subject to any relevant laws, the Promoter, in its sole discretion and at any time, update, change or modify these terms, or cancel this promotion. Such change or cancellation will be effective immediately. 
  4. 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. 
  5. Any queries regarding this promotion should be directed to our Facebook Direct Message, Instagram Direct Message or feedback@coffeeclub.com.au during normal business hours.