Terms & Conditions
TOPGOLF “WIN A SPLENDOUR WEEKEND” PROMOTION ("Conditions of Entry")

TERMS AND CONDITIONS

1. Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

2. Entry is only open to QLD residents aged 18 years or over.

3. Employees (and their immediate families) of the Promoter, TopGolf, Lion - Beer, Spirits & Wine Pty Ltd 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.

4. Entries into the promotion open on the start date specified on promotional advertising in venue, which will be no earlier than 15/05/23 at 9:00 am AEST and close on the end date specified on promotional advertising in venue, which will be no later than 29/06/23 at close of business (“Promotional Period”).

5. 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. Valid and eligible entries will only be accepted during the Promotional Period.

6. To be eligible to enter, individuals must purchase a Byron Bay Brewery Lager from Topgolf (Cnr Roadshow Way and Entertainment Drive, Oxenford QLD 4210) during the Promotional Period. Individuals will then receive an entry form at the time of purchase, while stocks last.

7. To enter, individuals must complete the official entry form with their personal details as requested and then place it in the entry box provided at the point of purchase during the Promotional Period.

8. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per qualifying transaction regardless of the number of Byron Bay Brewery Lagers purchased in excess of one in the qualifying transaction; (b) each entry must be submitted separately and in accordance with entry requirements; and (c) a limit of one (1) entry is permitted per person per day.

9. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may 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. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.

10. Each prize will be awarded to the person named in the entry and any entry that is made on behalf of an entrant or by a third party will be invalid. 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.

11. The draw will take place at Topgolf, Cnr. Roadshow Way and Entertainment Drive, Oxenford QLD 4210 on the draw date and time advertised in the participating venue using barrel draw. Topgolf, on behalf of the Promoter, will draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The winners will be notified in writing by email within seven days of the draw. 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.

12. The first six (6) valid entries drawn will each win a double pass for three (3) days of general admission to Splendour in the Grass on 21st, 22nd and 23rd July 2023 at Ngarindjin / North Byron Parklands. Prize also includes four (4) nights glamping package for 2 people (check-in: 20/07/23; check-out: 24/07/23) including twin tent, matting, raised beds doona, pillows and linen. Total prize is valued at $2,124 each.

13. All reasonable attempts will be made to contact each winner.

14. Prize is tickets and glamping only. All other ancillary costs associated with taking the prize including but not limited travel to and from Ngarindjin / North Byron Parklands are not included and will be the responsibility of the winner and their guest. Prize is subject to the standard terms and conditions of individual prize and service providers.

15. Both the winner and their guest for the prize must be 18 years or over.

16. This prize is for or relates to Splendour in the Grass at Ngarindjin / North Byron Parklands from 21/07/23 to 23/07/23 (the “Event”). If the winner is unwilling or unable to attend at the designated time for the Event, they forfeit the prize and the Promoter is not obliged to substitute the prize.

17. In the event of war, terrorism, state of emergency, pandemic or any other kind of disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend, substitute or modify a prize, subject to any written directions from a relevant regulatory authority.

18. The Promoter encourages consumers to enjoy alcohol responsibly. Individuals will be refused service of alcohol or provision of an alcohol beverage if it would breach any laws, codes or policies including those of the relevant liquor licensee relating to the responsible service of alcohol. Legal aged consumers are advised to consider the safe drinking levels recommended in the National Health & Medical Research Council Australian Guidelines to Reduce Health Risks from Drinking Alcohol that are available at www.nhmrc.gov.au/ about-us/publications/australian-guidelines-reduce-health-risks-drinking-alcohol. Entry and continued participation in this promotion is subject to the licensee’s liquor serving policy.

19. Subject to the unclaimed prize draw clause, if for any reason a winner does not take the prize (or an element of the prize) at the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.

20. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.

21. The Splendour in the Grass double pass prizes are subject to the event venue and ticket terms and conditions, including any applicable age restriction. The Promoter and event organisers hereby expressly reserve the right to eject any winner (and/or his/her companion/s) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.

22. No entry fee is charged by the Promoter to enter the promotion.

23. Total prize pool value is $12,744. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified in writing by the Promoter.

24. 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.

25. Prizes must be claimed by 11/07/23 at 11:59 pm AEST. A draw for any unclaimed prizes may take place on 12/07/23 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners of the unclaimed prize draw, if any, will be notified in writing by email within seven days of the unclaimed prize draw.

26. Where entry is allowed by purchase or subscription, the cost of the product or service is no greater than the cost would be without the opportunity to participate in the promotion.

27. 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 Terms and Conditions, 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 Terms and Conditions or otherwise.

28. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Terms and Conditions 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).

29. 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. The Promoter reserves the right to disqualify any individual who provides false information, fails to provide information, conspires with others to gain an unfair advantage or is otherwise involved in any conduct that involved manipulating, interfering or tampering with this promotion or otherwise preventing the conduct of the promotion as intended by the Promoter.

30. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Terms and Conditions. In the event that there is a dispute concerning the conduct of the promotion, the decision of the Promoter is final and binding on each entrant and no correspondence will be entered into.

31. Unless otherwise specified, a prize is a single event for the winner (and where relevant their guest) and cannot be separated into separate events or components.

32. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (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.

33. 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 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 entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.

34. 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 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.

35. 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 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) if the Splendour in the Grass event is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) use of the prize including attendance at the prize event.

36. As a condition of accepting the prize, the winner (and their companion) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.

37. Topgolf will collect personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to the Promoter and third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://de.net.au/privacy. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter will not disclose PI to any entity outside of Australia.

38. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.

39. Lion Beer is not responsible for or connected to the Promotion other than as prize supplier.

40. The Promoter is DE BTL Pty Ltd trading as DE Advertising and Design (ABN 83 063 564 866) of Mezzanine Floor, 388 George Street, Sydney NSW 2000.