TERMS AND CONDITIONS
1. Information on how to enter the ‘WIN 1 of 10 Southern Comfort Original Bottles in February’ Instagram & Facebook Giveaway and the prize form part of these Terms and Conditions. By participating in the Competition, Entrants (as defined below) agree to be bound by these Terms and Conditions. The Competition is not valid in conjunction with any other special, discount or promotional offer, unless indicated otherwise. The Competition is conducted by Southtrade International Pty Ltd. (ABN 46099947163), of Level 4, 15 Blue Street, North Sydney NSW 2060 (Promoter).
2. Entry is only open to Australian residents aged 18 years or over (Entrants).
(a) Southern Comfort Australia supports the Responsible Service of Alcohol. Liquor Act 2007. It is against the law to sell or supply alcohol to, or obtain alcohol for, anyone under 18. By entering the competition, you are confirming you are over the age of 18 years. We will ask for ID if you look under 25.
3. Employees (and their immediate families) of the Promoter or any of its related corporations or any of their agencies associated with this Competition are ineligible to enter.
4. The Competition commences on 13th February 2024 at 12:00pm (AEST) and closes at 11:59pm (AEST) on 29 February 2024 (Competition Period).
(a) Winners will be notified via email and must reply to the message and provide contact details to claim their prize. Winners will also need to provide photo proof of ID – either driver’s license or passport.
(b) Any prizes that are not claimed within seven (7) days of notification will be forfeited. An unclaimed prize draw will take place on 12/03/2024 if necessary.
ENTRY TO THE COMPETITION
5. To enter the Competition, Entrants must, during the Competition Period have a registered email account submitted via the Southern Comfort website
6. If there is a dispute as to the identity of an Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Entrant.
7. Entrants must reside in one of the following states or territories – NSW, VIC, TAS, QLD, WA & ACT. Competition excludes residents of the NT.
8. If any Prize(s) remain unclaimed by 12th March 2024, then the Promoter will revert back to the reserve entries and award any unclaimed Prize.
9. All of the Promoter’s decisions are final and no correspondence will be entered into.
10. CAUTION: ANY ATTEMPT TO CAUSE DAMAGE TO ANY WEBSITE OR THE INFORMATION ON ANY WEBSITE ASSOCIATED WITH THIS COMPETITION OR TO OTHERWISE UNDERMINE THE FAIR AND LEGITIMATE OPERATION OF THIS COMPETITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE EVENT THAT ANY SUCH ATTEMPT IS MADE, WHETHER OR NOT THAT ATTEMPT RESULTS IN ANY SUCH DAMAGE, INTERFERENCE OR UNDERMINING.
11. Any documentation associated with a Prize are void if lost, stolen, forged, mutilated or tampered with in any way.
12. Each Entrant agrees that they are fully responsible for any materials they submit via the Competition including but not limited to captions, images, videos or comments (Content). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
(a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 18, promote illegal acts or otherwise unsuitable for publication;
(b) their Content shall not contain viruses or cause injury or harm to any person or entity;
(c) the Content is the original work of the Entrant that does not infringe the rights of any third party;
(d) they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights;
(e) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems; and
(f) the Content does not contain any commercial content that promotes any product or service or reference any third party names, logos, service marks, trade marks, copyrights, trade names or trade dress.
13. As a condition of entering this Competition, each Entrant:
(a) licenses and grants the Promoter, its related bodies corporate and their agencies a nonexclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their Entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability; and
(b) consents, freely and voluntarily, to Content to which copyright attaches being changed, copied, edited, added to, taken from, published without attribution, adapted and/or translated, in any manner or context by Promoter and any person authorised by Promoter to do so, for any purpose, notwithstanding that such conduct may amount to derogatory treatment of the Content within the meaning of the Copyright Act 1968 (Cth).
14. 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 States and Territories of Australia (Non-Excludable Guarantees). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its related corporations or their relevant officers, employees and agents) exclude all liability (including negligence), for any personal injury, loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of the Competition or the Prize.
15. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its related corporations or their respective officers, employees and agents) are not responsible for and exclude 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 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;
(d) any variation in Prize value to that stated in these Terms and Conditions;
(e) any tax liability incurred by a winner or Entrant; or(f) taking/use of a Prize.
16. Participation in the Competition is dependent on entrants following and acting in accordance with terms applicable to the Facebook Statement of Rights and Responsibilities (which can be viewed at www.facebook.com/terms.php).
17. This Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. The information an Entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this Competition must be directed to the Promoter and not to Facebook. By entering the Competition, the Entrant releases Facebook from any and all liability to the Entrant arising in any way from the conduct of the Competition.
By submitting your details to enter this competition, you are agreeing to receive promotional communications from Southern Comfort.
19. The laws in force in Australia apply to this Competition to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.
20. Without limiting any other terms herein, the Entrant agrees to indemnify the Promoter and all its related bodies corporate, contractors and personnel for any from and against all losses, damage, claims, costs or expenses (including reasonable legal fees) that any of them may suffer as a result of any breach of these Terms and Conditions.