Terms & Conditions
Unearthing Unbelievable ("Conditions of Entry")

Promotion:

Unearthing Unbelievable

Promoter:

Lion - Beer, Spirits & Wine Pty Ltd ABN 13 008 596 370, Level 7, 68 York St, Sydney, NSW 2000, Australia. Ph: 1800 677 852

Promotional Period:

Start date: 05/04/21 at 09:00 am AEST

End date: 31/05/21 at 11:59 pm AEST, while gift stocks last

Eligible entrants:

Entry is only open to Australian residents who are 18 years and over.

How to Enter:

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

• record a video of themselves telling a ‘Furphy’ (i.e. any story) ("Video") that is no more than 2 minutes long;

• scan a QR code on any promotional advertising for this Promotion (displayed at select participating venues in Australia) to be directed to the Promotion entry form page or visit the Promotion entry form page via the link provided in promotional emails sent to select persons;

• complete the entry form with all requested personal details, upload their Video where prompted, and (optional) select the tick box to consent to receipt of marketing from Furphy; and

• the entrant will be able to select the option ‘redeem now’ or ‘save for later’, select the tick box agreeing to have read and understood and agree to the Promoter’s Privacy Policy and these Terms and Conditions and submit.

If the entrant selects the ‘’redeem now’’ option they will be then be required to select the venue where they would like to claim their free pint/schooner gift (from the list of available venues). Once a venue is selected they must then select ‘’redeem at bar – Start timer’’. Once the ‘’redeem at bar – Start timer’’ option is selected the entrant has 15 minutes to claim the free pint/schooner gift. The entrant must present the ‘’activate’’ offer screen of the offer to a bartender at the venue selected for redemption within the 15 minute window. The bartender will then select the ‘’activate’’ button to confirm the free pint/schooner gift has been awarded. If the entrant does not claim within the 15 minutes they will not be able to claim again.

If the entrant selects the ‘’save for later’’ option, they can close the webpage and return to the webpage on their compatible mobile/tablet device used to complete the entry form, and then follow the prompts as per the above to select a venue to redeem and then follow the prompts to redeem. If an entrant clears their device cache and history, the entrant will need to recomplete the entry form again.

Entrant will only be awarded the gift if the member of staff surviving them deems the entrant fit for alcohol consumption under RSA guidelines.

Videos submitted may be used for marketing purposes by the Promoter, see clause 17 for further details.

Entries permitted:

Multiple submissions permitted per person. Each entry must contain a different ‘Video’. However, there is a limit of one (1) free beer gift redemption permitted per person for entire Promotional Period (only applicable to first entry submission). Only each entry after the first will earn the entrant the chance to win the prize pack.

Winner Determination:

The prize pack winners will be determined by representatives of the Promoter. Each entry will be judged on the basis of the individual creative merit of the ‘Furphy’ Video submitted.

The best five (5) valid entries, as determined by the judges, will each win the prize pack specified in the Schedule above.

The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant.

The winners will be determined by skill. Chance plays no part in determining the winners. The judges' decision is final and binding and no correspondence will be entered into.

Prize/Offer Details:

Winner Notification:

The winners of the prize pack will be contacted by email and phone within seven (7) business days of the judging.

Unclaimed Prizes:

In the event of an unclaimed prize pack, the Promoter may at its discretion assign the prize to the entry judged the next best entry, conduct a further judging to award the prize, or withdraw the prize unawarded. The Promoter is under no obligation to award any unclaimed prize.

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, participating venues, the Promoter, 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. If any entrant chooses not to take their gift/prize (or is unable to), or does not take or claim a gift/prize by the time specified by the Promoter, or is unavailable, they forfeit the gift/prize and the Promoter is not obliged to substitute the gift/prize.
6. The gift/prize will not be distributed by or to any person under 18, nor can a person under 18 dispense or collect an alcohol gift/prize. Entrants will be refused service of alcohol or provision of an alcoholic beverage gift/prize if it would breach any relevant laws or codes including those relating to the responsible service of alcohol. The Promoter supports the responsible service of alcohol.
7. No part of a gift/prize is exchangeable, redeemable for cash or any other gift/prize or transferable, unless otherwise specified in writing by the Promoter.
8. If a gift/prize (or portion of a gift/prize) is unavailable the Promoter reserves the right to substitute the gift/prie (or that portion of the gift/prize) to a gift/prize of equal or greater value and specification, subject to any written directions of a regulatory authority.
9. No entry fee is charged by the Promoter to enter the Promotion.
10. The Promoter supports the responsible service of alcohol and encourages consumers to enjoy alcohol responsibly. Entrants 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 and Medical Research Council Australian Guidelines to Reduce Health Risks from Drinking Alcohol. A full version of these Guidelines is available at https://nhmrc.gov.au/about-us/publications/australian-guidelines-reduce-health-risks-drinking-alcohol. Please refer to the GL4001 ‘Liquor promotion guidelines’ and GL4003 ‘Intoxication guidelines’ at liquorandgaming.nsw.gov.au.
11. Each gift/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.
12. Entrants' personal information will be collected by the Promoter. Personal information will be stored on the Promoter's database. The Promoter may, if the entrant selects the respective tick box on entry, 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.lionco.com/legal/privacy-policy. 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, gift/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 gift/prize in the Promotion. Personal information collected from entrants will not be disclosed to any entity located outside of Australia.
13. If a gift/prize is provided to the Promoter by a third party, the gift/prize is subject to the terms and conditions of the third party gift/prize supplier and the provision of the gift/prize is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the gift/prize at the time it is issued to the entrant 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 gift/prize, any delay or failure relating to the gift/prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.
14. 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).
15. 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 gift/prize, subject to State or Territory regulation.
16. 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 an entrant cannot provide suitable proof as required by the Promoter to validate their entry, the entrant will forfeit the gift/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 receive a gift/prize. 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 receive a gift/prize. 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.
17. All material submitted on entry (e.g. ‘Furphys’, Video(s), photo(s), image(s), drawing(s), comment(s), sound/video recording(s) and answer(s) to a promotional question) must NOT: (a) be in breach of any laws, regulations and rights, e.g. any laws regarding intellectual property (copyright, trademarks, etc), defamation and privacy; (b) be defamatory, obscene, derogatory, pornographic, sexually inappropriate, contain nudity, aggressive, violent, abusive, harassing, threatening, objectionable or discriminate/vilify any section of the community with respect to race, ethnicity, nationality, religion, origin, sexual preference, mental illness, disability or gender or unsuitable for publication; or (c) contain viruses. Entrants warrant that they own or have the right to license the copyright in any entry submitted by them into this Promotion, for the purposes of this Promotion, that no rights have been granted to any third party in respect of any such entry which would prevent the entry being used as contemplated by this Promotion, and that the use by the Promoter of any such entry will not breach any laws or infringe the rights of any person (including without limitation with respect to privacy, intellectual property and defamation). Entrants must obtain prior consent from any person or from the owner(s) of any property that appears in their entry. By entering, all entrants license and grant the Promoter, its affiliates and sub-licensees an exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (including any portion of their entry) 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. Entrants further agree, upon request by the Promoter, to assign all of their rights, title and interest (including copyright) in and to their entry to the Promoter and to sign any legal documentation to confirm such assignment. Entrants agree that their entry is their original work and does not infringe the rights of third parties, or that they have obtained full prior consent from any person who has jointly created or has any rights in the aforementioned material. Entrants consent to any use of their entry that may otherwise infringe their moral rights. Entrants are responsible for all entries they submit on entry. The Promoter will not be liable for any entries, to the extent permitted by law. The Promoter reserves the right to remove, request removal or decline to publish any entry or portion of an entry for any reason whatsoever, including if in breach of these Terms and Conditions. The Promoter will have no liability to entrants if it exercises this right and entrants must comply with any request made by the Promoter pursuant to this paragraph.The entrant warrants and represents that any material sent or provided by the entrant to the Promoter will not infringe any copyright, trademarks or other intellectual property rights of any third party (including moral rights) and that the entrant has all rights to use the materials and has obtained all necessary consents to comply with any relevant privacy and/or confidentiality requirements. Entrants agree to indemnify the Promoter for any breach of the Terms and Conditions including this clause.
18. 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 gift/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.
19. 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 gift/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).
20. 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.
21. 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 gift/prize or acceptance of the gift/prize.
22. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.