Terms & Conditions
Monsuta Sumo Suit Challenge ("Conditions of Entry")

Promotion:

Monsuta Sumo Suit Challenge

Promoter:

Endeavour Group Limited t/a Pinnacle Drinks ABN 77 159 767 843, 26 Waterloo Street, Surry Hills, NSW 2010, Australia. Ph: 1300721920

Promotional Period:

Start date: 21/10/22 at 12:00 pm AEDT

End date: 07/11/22 at 12:00 pm AEDT

Eligible entrants:

Entry is only open to Australian residents who are 25 years and over.

How to Enter (Stage 1):

To enter the Promotion, the entrant must complete the following steps during the Promotional Period:

• either:
  • Instagram Entry: ‘follow’ the @monsutabeer Instagram account (www.instagram.com/monsutabeer); OR
  • Facebook Entry: ‘like’ the Monsuta Beer Facebook Page (https://www.facebook.com/monsutabeer/); and

• visit the promotional entry form website (link promoted on the @monsutabeer Instagram and Facebook pages) and fully complete and submit the online entry form with:
  • their personal details (first name, last name, date of birth, email address, mobile number and state/territory of residence);
  • their Instagram or Facebook handle used to ‘follow’ or ‘like’ the @monsutabeer Instagram or Facebook accounts;
  • their height and weight range from options provided; and
  • select any applicable mandatory tick-boxes, including consenting to these Terms and Conditions.

Entrants also have the option on the entry form to select to enter as a team of two (2) people to compete against each other – each person will be considered an entrant for the purposes of these Terms and Conditions

Entries permitted:

Limit one (1) entry permitted per person.

Selection of Participants (Stage 2 –12 Participants per Event):

Entries will be divided into two (2) groups (i.e. either NSW or QLD) (“NSW Event Group” and “QLD Event Group”). The Promoter will determine the division of entries in its sole discretion.

Twelve (12) entrants from the NSW Event Group and QLD Event Group (twenty-four (24) entrants in total) will be selected by the Promoter (based on the Selection Criteria listed below) and awarded the opportunity to participate in the Monsuta Sumo Suit Challenge.

Provisional winners will be contacted by the Promoter and will be required to accept participation in the Monsuta Sumo Suit Challenge, by confirming in writing to the Promoter. Response must be received by the time specified by the Promoter, otherwise the provisional winner will forfeit their right to participate in the event and to any prizes.

If the winner does not reside in the same State of the Sumo Challenge event, they will be provided with a travel voucher/gift card up to the maximum value of AUD$1,000 (with the exact value of gift card/voucher provided determined by the Promoter, based on the winner’s place of residence in comparison to the event). If the winner resides in the State of the Sumo Challenge event, the winner will receive a travel voucher/gift card up to the value of $500.

Any ancillary costs associated with redeeming the travel voucher/gift card are not included. Any unused balance of the voucher/gift card will not be awarded as cash. Redemption of the voucher/gift card is subject to any terms and conditions of the issuer including those specified on the voucher/gift card.

Entrants understand that the Monsuta Sumo Suit Challenge (“Activity”) is a potentially dangerous activity that may result in injury or death, and participate at their own risk. Entrants must: (a) attend, undergo and pass any appropriate training, briefings, required medical tests and other requirements of the Promoter and Activity organisers as determined by them in their absolute discretion; (b) not have any heart condition or history thereof, or other medical conditions that would make it dangerous to participate in the Activity; (c) not be under the influence of drugs or alcohol whilst participating in the Activity; (d) comply with all directions of the Promoter and Activity organisers at all times; and (e) wear all safety and other equipment required. The Promoter and Activity organisers, in their absolute discretion, at all times reserve the right to: (a) prevent any entrant from participating in the Activity if, at any time, they reasonably believe that the entrant poses a safety risk or for any other reason; and/or (b) cancel the Activity if the conditions are deemed dangerous.

Selection Criteria: The Promoter will select entrants to participate in match ups at the Sumo Challenges. The Promoter will use a range of factors in determining participants including but not limited to: matching up to create fair fights (e.g. matching similar height/weight), and broad range of match ups (e.g differing ages, weight, height etc).

Stage 3 (Sumo Challenges):

The Monsuta Sumo Suit Challenge events are expected to take place on the following locations/times:

• NSW Event: 6pm-10pm on 01/12/22 at The Ettamogah, Cnr Merriville & Windsor Rds, Kellyville Ridge NSW 2155

• QLD Event: 6pm-10pm on 08/12/22 at 2 Kingsford Smith Dve, Albion QLD 4010

NB: The above are anticipated times/locations of the events only and may be subject to change, as determined by the Promoter.

The twelve (12) participants for each Event will be placed into pairs by the Promoter and compete in a match. All participants will only compete in one (1) match. Rules for the match will be provided to participants prior to the challenge event. The referee’s decision will be final. Each pairing will compete wearing sumo suits provided on the day. The winner of each match will be entered into the draw for the chance to win the Major Prize (trip to Okinawa, Japan). For the sake of clarity, there will be a total of twelve (12) participants who will be entered into the draw (the six (6) match winners from each Event). If a participant engages in unfair or unsportsmanlike conduct, the Promoter and/or referee may deem them ineligible for a prize, apply a penalty and/or apply any other measure it considers appropriate.

Total Prize Pool:

Up to a maximum of AUD $33,900

Prize Details:

Major Prize Conditions:

• The winner may choose the dates of travel from 15/12/22 to 15/12/23 excluding Australian school holidays and the following blackout period: 15/12/22 – 15/01/23.

• The winner’s travel companion must be 18 years or over.

• Travel itinerary will be determined by the Promoter in its absolute discretion.

• Prize is subject to the standard terms and conditions of individual prize and service providers.

• The winner and his/her travel companion must depart from and return to the same departure point and travel together.

• Subject to the terms and conditions of the participating prize provider(s), if for any reason the winner does not, once the prize has been booked, take the prize (or an element of the prize) at the time stipulated, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash.

• The prize is subject to booking and flight availability.

• Frequent flyer points will not be awarded and do not form part of the prize.

• Spending money, meals, taxes (excluding airline and airport taxes), insurance, passports, visas, vaccinations, transport to and from departure point, transfers, items of a personal nature, in-room charges and all other ancillary costs, unless otherwise specified in the prize description, are not included.

• Any ancillary costs associated with redeeming the gift card are not included. Any unused balance of the gift card will not be awarded as cash. Redemption of the gift card is subject to any terms and conditions of the issuer including those specified on the gift card.

• The winner may be required to present their credit card at accommodation check in.

• The prize requires the winner to contact the Promoter's travel agency, FCM Travel, Via Monsuta Beer in order to book travel within 4 weeks from date of winner notification.

• The winner and their travelling companion are responsible for meeting all travel and health requirements for any interstate/overseas travel. It is the responsibility of the winner and their travelling companion to check with all government health authorities regarding travel requirements and eligibility. Any fines, penalties, expenditure or inability to travel as a consequence of not meeting such requirements are the sole responsibility of the winner and their travelling companion.

• The Promoter makes no representation as to the safety, conditions or other issues that may exist at any of the destinations or events forming part of the prize (including but not limited to any lockdowns). It is the sole responsibility of winner to check government advisories and/or conditions regarding the safety and situation of any such destinations.
• If the prize cannot be provided as intended due to any COVID 19 related restrictions or guidelines, the Promoter reserves the right to award an alternative prize in lieu.

Draw Details:

• The draw will take place at Plexus, Level 4, 411 Collins Street, Melbourne VIC 3000 at 12:00 pm AEDT on 15/12/22 using computerised random selection. See details above for qualification requirements for the draw. Only 12 entrants will be included in the draw.
• The first valid entry drawn will be the winner of the Major Prize (details above).
• The draw conductor may draw additional reserve entries in case an invalid entry or entrant is drawn.
• If a draw is scheduled on the weekend or a public holiday, the draw will be conducted at the same time and location on the following business day. The Promoter will ensure each draw is open for public scrutiny and anyone may witness the draw on request. The winner of a drawn prize is determined by chance.

Winner notification:

The twenty-four (24) participants chosen by the Promoter to participate in the Monsuta Sumo Suit Challenge events will be notified via email and phone call. The provisional participant must respond in writing within the time frame specified by the Promoter to confirm they accept participation in the sumo event. If the entrant fails to do by the time specified by the Promoter, they will forfeit their right to any prize.

The draw winner will be contacted by email and phone within seven (7) days of the draw. The winner will be published on the @monsutabeer Instagram account by 22/12/22.

Unclaimed Prizes:

Draw prize must be claimed by 16/02/23 at 12:00 pm AEDT. In the event of an unclaimed draw prize, the prize will be redrawn on 17/02/23 at 12:00 pm AEDT at Plexus, Level 4, 411 Collins Street, Melbourne VIC 3000. The winner of the redraw will be notified by email and phone within seven (7) days of the redraw. The winner will be published on the @monsutabeer Instagram account by 24/02/23.

Further Conditions:

1. The entrant agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise.
2. The Promotion commences on the Start Date and ends on the End Date ("Promotional Period"). Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
3. Valid and eligible entries will be accepted during the Promotional Period.
4. Employees (and their immediate family members) of agencies/companies directly associated with the conduct of this Promotion, the Promoter, businesses involved in determination of winner/s for the Promotion, businesses involved in the management of the Promotion, any organisation benefiting from the Promotion, the Promoter’s distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. "Immediate family member" 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.
5. All reasonable attempts will be made to contact each winner.
6. If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize by the time specified by the Promoter, or is unavailable at the time stipulated by the Promoter for travel, they forfeit the prize and the Promoter is not obliged to substitute the prize.
7. Entry and continued participation in the Promotion is dependent on the entrant following and acting in accordance with Facebook Statement of Rights and Responsibilities (http://www.facebook.com/terms....) and the Instagram Terms of Use, (http://instagram.com/legal/ter...). This Promotion adheres to the terms and conditions set out in the Facebook promotion guidelines which can be found at: http://www.facebook.com/promot... and the Instagram promotion guidelines which can be found at: http://help.instagram.com/1793.... Any questions or comments regarding the Promotion must be directed to the Promoter, not to Facebook and Instagram. The entrant releases Facebook and Instagram and their associated companies from all liabilities arising in respect of the Promotion. Entrants acknowledge that the Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook and Instagram.
8. The value of the prizes is accurate and based upon the recommended retail value of the prizes (inclusive of GST) at the date of printing. The Promoter accepts no responsibility for any variation in the value of the prizes after that date.
9. No part of a prize is exchangeable, redeemable for cash or any other prize or transferable, unless otherwise specified in writing by the Promoter.
10. If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or that portion of the prize) to a prize of equal or greater value and specification, subject to any written directions of a regulatory authority.
11. No entry fee is charged by the Promoter to enter the Promotion. Where entry is allowed online, there is no additional cost to enter the Promotion other than any cost paid by the entrant to access the website or social media platform of entry via their Internet service provider.
12. 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.
13. Entrants' personal information will be collected by the Promoter. Personal information will be stored on the Promoter's database. The Promoter may use this information for future marketing purposes regarding its products, including contacting the entrant electronically. The Promoter is bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and its privacy policy which is located at https://www.endeavourgroup.com.... The Promoter's privacy policy contains information about how the entrant may access, update and seek correction of the personal information the Promoter holds about them and how the entrant may complain about any potential breach by the Promoter of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with. The Promoter collects personal information about entrants to enable them to participate in this Promotion and may disclose the entrants' personal information to third parties including its contractors and agents, prize suppliers and service providers to assist in conducting this Promotion and to the State and Territory lottery departments as required under the relevant lottery legislation. If the entrant does not provide their personal information as requested, they may be ineligible to enter or claim a prize in the Promotion. Personal information collected from entrants will not be disclosed to any entity located outside of Australia.
14. For the purposes of public statements and advertisements, the Promoter may only publish the winner's surname, initial and State/Territory or postcode of residence.
15. The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of a prize, if the Promoter determines in their absolute discretion, that a winner is not in the physical or mental condition necessary to be able to safely participate in or accept the prize. It is a condition of accepting the prize that a winner and their travel companion may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving a prize. If a winner or travel companion is under the age of 18, a nominated parent or legal guardian of the winner or travel companion will be required to sign the legal release on the winner or travel companion's behalf.
16. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.
17. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
18. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to State or Territory regulation.
19. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant's details (including an entrant's identity, age and place of residence). In the event that a winner cannot provide suitable proof as required by the Promoter to validate their entry, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.
20. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion or claiming a prize, the Promoter will resolve the dispute in direct consultation with the entrant. If the dispute cannot be resolved the Promoter’s decision will be final.
21. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence or wilful misconduct) in connection with this Promotion or accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
22. The entrant will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.
23. Unless otherwise specified, a prize is a single event for the winner (and their guest) and cannot be separated into separate events or components.
24. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.
25. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.
26. Authorised under: NSW Authority No. TP/01951; ACT Permit No. TP 22/01945; SA Permit No. T22/1605.