Zarraffa’s Coffee – Trade Promotion

Schedule of Details

This Schedule sets out the details of Zarraffa’s Coffee #MyZarraffasXmas Trade Promotion 2018.

This Schedule must be read together with the Terms and Conditions of Entry (which follow this Schedule).

 

Promotion The trade promotion described in this Schedule
Promotion Name Zarraffa’s Coffee #MyZarraffasXmas Trade Promotion 2018
Game Type This Promotion is a game of skill
Promoter Zarraffa’s
Store Location(s) Not Applicable
Zarraffa’s Zarraffa’s Franchising Pty Ltd ABN 73 093 874 250
of T3, 124 Distillery Rd, Eagleby, QLD 4207
Promotion Period Promotion commences on Tuesday, 4 December 2018 at 10:00 am AEST and ends on Monday, 31 December 2018 at 11:59 pm AEST
Eligible Person(s) Permanent residents of the Relevant State(s). Minors are not eligible to enter this Promotion.
Relevant State(s) Queensland (QLD), New South Wales (NSW) and Western Australia (WA)
Permit Number(s) Not applicable
Eligible Purchase No purchase is required to enter the Promotion. However, for the purpose of the Terms and Conditions of Entry, a valid Online Entry will be considered an Eligible Purchase.
Entry Procedure To enter the Promotion each Eligible Person must submit an Online Entry, as follows:

  • follow Zarraffa’s Instagram Account “@zarraffas_coffee”; and
  • post a creative image to Instagram using the hashtag “#MyZarraffasXmas”. The image must:
    • be inspired, original and creative;
    • contain any of Zarraffa’s authorised merchandise (including takeaway cups), signage, mascot or other branding;
    • incorporate reference to the festive season;
    • demonstrate creativity and association with Zarraffa’s brand; and
  • tag “@zarraffas_coffee” in the image caption (“Online Entry”).

To be a valid Online Entry, each Eligible Person must:

  • ensure the image is correctly uploaded on Instagram at least for the duration of the Promotion and until the Unclaimed Prize Redraw date;
  • ensure that the privacy settings on their Instagram account is set to “public”. For the avoidance of doubt, images uploaded by a private Instagram account holder will not be considered a valid Online Entry;
  • follow Instagram, Inc’s Terms of Use, as amended from time to time. The Instagram, Inc’s Terms of Use (as amended from time to time) may be subject to additional policies and condition not set or determined by Zarraffa’s; and
  • completely release Instagram, Inc from all liabilities arising from or otherwise related to the Promotion.
Social Media Acknowledgement The Promotion is in no way endorsed, partnered, sponsored or otherwise administered by Instagram, Inc. The Promoter is not associated with Instagram, Inc. The Promoter is using Instagram Inc’s social media platform for promotional purposes only.
Submission of Online Entry By submitting an Online Entry, the Eligible Person:

  • permits Zarraffa’s to contact them via their Instagram profile account;
  • agrees to grant Zarraffa’s a license to use the image with the hashtag “#MyZarraffasXmas”. The Eligible Person agrees to grant an irrevocable, perpetual, worldwide, non-exclusive, transferable and assignable licence to Zarraffa’s with respect to the image; and
  • agrees that they will receive the prize as identified in the Prize Details, which is intended to be treated as being one (1) coffee per day for a year.
Multiple Entries Yes
Prize Details The Promotion Winner noted in the Draw Details will receive:

  • Eight (8) x $200.00 (including GST) Zarraffa’s Coffee® gift cards; and
  • One (1) x $42.50 (including GST) Zarraffa’s Coffee® gift card.

Please note that the gift cards are subject to additional terms and conditions including the redemption date requirement.  The gift cards must be redeemed within three (3) years from the date of issue.

Zarraffa’s considers the prize of “a years supply of Zarraffa’s Coffee” to be “A Coffee a Day for a Year” at the Preparation Date, calculated as one (1) standard tall size hot beverage per day (QLD metro pricing – $4.50) for 365 days (amount calculated at Preparation Date, but subject to changes).

Total Prize Pool The total prize pool in this Promotion is $1,642.50 (including GST).
Promotion Winner(s) Means the Eligible Person judged and chosen based purely on skill in accordance with the Draw Details
Method of Draw This Promotion is a game of skill. Chance plays no part in determining the winner of this Promotion. The judges (comprising three (3) employees of the Promoter) will select the Promotion Winner noted in the Draw Details based purely on the creativity of all valid Online Entries received.
Draw Location T3, 124 Distillery Rd, Eagleby, QLD, 4207
Draw Date 10:00 am AEST on Wednesday, 2 January 2019
Prize Claim Date Thursday, 3 January 2019
Draw Details There will be one (1) prize as judged by the Promoter in this Promotion at the Draw Location on the Draw Date
Winner Notification The Promotion Winner will be notified within two (2) working days of the Draw Date. Unless otherwise stated, the Promotion Winner will be notified via their Instagram profile page. The Promotion Winner agrees to authenticate their identity by emailing the Promoter at <marketing@zarraffas.com> and providing the necessary contact details, including their full name, address, contact phone number, email address and any other information reasonably required by the Promoter.
Claim Instructions The Promotion Winner (upon contact from the Promoter) must confirm whether they will seek the Promotion Prize mailed/couriered to them or whether they will collect from the Promoter at the Draw Location
Publications The Australian Newspaper and/or any other newspaper required to comply with any legislation governing this Promotion
Unclaimed Period Three (3) months
Unclaimed Prize Redraw If required, the Promoter will conduct an unclaimed prize redraw at the Draw Location at 10:00 am AEST on Tuesday, 2 April 2019 (excluding any previous Promotion Winner)
Preparation Date The Schedule was prepared on Friday, 30 November 2018

 

 

Terms and Conditions of Entry

1. General

1.1 These Terms and Conditions of Entry (Terms) incorporate and must be read together with the Schedule of Details (Schedule) for the Promotion. The Schedule prevails to the extent of any inconsistencies with these Terms.

1.2 Entry into the Promotion is deemed acceptance of the Terms and the Schedule.

1.3 This Promotion is run by the Promoter, who is an authorised franchisee of Zarraffa’s (or Zarraffa’s itself).

2. Permits

The Permit Number(s) (if applicable) have been obtained by the Promoter to operate this Promotion in the Relevant State(s).

3. Interpretation

Unless the contrary intention appears:

  • any capitalised word and/or terms used in these Terms have the meaning given in the Schedule; and
  • a reference in these Terms to the word “person” includes an individual, a firm, a body corporate, a partnership, a joint venture, an unincorporated body or association, or any government agency or entity.

4. Entry

4.1 The Promotion will be conducted during the Promotion Period.

4.2 This Promotion is only open to Eligible Persons residing in the Relevant State(s) that complete an Eligible Purchase during the Promotion Period and submit their entry in accordance with the Entry Procedure (Eligible Entry).

4.3 All entries become the property of the Promoter upon submission and will not be returned to entrants.  The Promoters and/or Zarraffa’s accepts no responsibility for late, lost or misdirected entries.

4.4 Once an entry is submitted, the entrant cannot alter, delete or modify their entry.

4.5 An Eligible Entry that is:

  • not completed in accordance with these Terms;
  • not submitted in accordance with the Entry Procedure;
  • incomplete, indecipherable or illegible;
  • computer generated or generated using other automated means;
  • not received by the Promoter within the Promotion Period; or
  • submitted by persons who are:
    • Employees or Immediate Families of the Promoter, Zarraffa’s, their associated agencies and companies or any organisation or individual associated with the Promoter, Zarraffa’s and the provision of the Promotion Prize are ineligible to enter this promotion. For the purposes of this clause “Immediate Families” means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, stepparent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin; or
    • not Eligible Persons,

will be deemed invalid by the Promoter. The Promoter is not required to assess each Eligible Entry, however, winning entries may be scrutinised at the sole discretion of the Promoter and/or Zarraffa’s.

4.6 Entries must be received by the Promoter during the Promotion Period. Email and electronic entries (if allowed under the Entry Procedure) are deemed to have been received at the time of receipt into the Promoter’s and/or Zarraffa’s database and not at the time of transmission by the entrant.

4.7 If an Eligible Entry is invalid or if an entrant is unable or refuses to take part in any element of this Promotion, the Promoter reserves the right to discard that entrant’s entry and proceed as if that entrant had not entered the Promotion.

4.8 If for any reason, the Promoter becomes aware after an entrant has won the Promotion Prize that the entrant has not complied with these Terms or that their entry is otherwise invalid, that entrant will have no entitlement to the Promotion Prize, even if the Promoter has announced them as a Promotion Winner and that entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the Promotion Prize.

4.9 Any Eligible Entry submitted that contains or is deemed by the Promoter as containing any illegal, immoral and/or defamatory material or activity of any sort or socially unacceptable acts or activities will be immediately disqualified from this Promotion and/or reported to any relevant authority as determined by the Promoter and/or Zarraffa’s in their discretion.

4.10 By submitting an Eligible Entry, the entrant agrees to provide the Promoter and/or Zarraffa’s with a licence for the term of the copyright associated with the Eligible Entry, to use for any publicity or marketing campaign of the Promoter or its associated entities, in any media whatsoever without royalties or compensation to the entrant.

4.11 Failure by the Promoter and/or Zarraffa’s to enforce any of its rights at any stage does not constitute a waiver of those rights.

5. Multiple Entries

5.1 If the word:

  • ‘YES’ appears alongside Multiple Entries in the Schedule, then an Eligible Person may submit more than one (1) Eligible Entries in this Promotion. Each and every Eligible Entry is subject to the Entry Procedure; or
  • ‘NO’ appears alongside Multiple Entries in the Schedule, then an Eligible Person may not submit more than one (1) Eligible Entry in this Promotion. Only the first Eligible Entry received by the Promoter will be entered into the Promotion and any subsequent, additional or further Eligible Entries submitted by the same Eligible Person will not be accepted by the Promoter and shall be deemed invalid.

6. Minors

6.1 If minors (being persons under the age of 18 years at the time of submission of an entry) are eligible to enter this Promotion as noted under the Eligible Persons in the Schedule, then minors may only enter this Promotion if they have obtained their parent or guardian’s consent to enter this Promotion and who’s parent or guardian agrees to be bound by and provide such consents and indemnities as noted in these Terms on their and their minors’ behalf.

6.2 If a Promotion Winner is a person under 18 years of age, the Promotion Prize shall be awarded to their parent or guardian.

7. Promotion Prizes

7.1 The prize(s) in this Promotion are specified in the Prize Details (Promotion Prize). The prize(s) are subject to any restrictions specified in the Schedule.

7.2 The total prize pool for this Promotion is specified in the Schedule.

8. Conditions for accepting the Promotion Prize

8.1 As a condition of accepting the Promotion Prize in this Promotion, a Promotion Winner must sign any legal documentation as and in the form required by the Promoter and/or Zarraffa’s, in their absolute discretion, including but not limited to a statutory declaration confirming the Promotion Winners’ compliance with these Terms and eligibility to accept the Promotion Prize and/or a legal release and indemnity form.

8.2 The Promotion Prize must be taken as offered and cannot be varied unless authorised by the Promoter. The Promotion Prize value includes GST (unless stated otherwise) and is in Australian dollars and is correct at the Preparation Date. The Promoter accepts no responsibility for any variation in the Promotion Prize value.

8.3 The Promoter’s decision is final and no correspondence will be entered into.

8.4 The Promotion Prize (or any part of the Promotion Prize) is not transferable, exchangeable or redeemable for cash. Prizes cannot be sold to a third party including via online auctions or private sales. An unused portion of any Promotion Prize will be forfeited and no compensation will be paid in lieu of that element of the Promotion Prize.

8.5 The Promotion Prize may be subject to further terms and conditions from third parties which are beyond the control of the Promoter and/or Zarraffa’s and the Promotion Winner must accept those further terms and conditions (if applicable) as a condition of accepting the Promotion Prize.

8.6 All warranty and/or other defective claims in relation to the Promotion Prize or any component of the Promotion Prize, must be made directly with the manufacturer of the Promotion Prize only.

8.7 If requested by the Promoter, any entrant or Promotion Winner (and their companion(s), if applicable) (or if an entrant, Promotion Winner or companion is not an adult, their parent or guardian) must sign an indemnity and exclusion of liability form (provided by the Promoter and/or Zarraffa’s) in favour of all parties involved in this Promotion and/or providing any prize in this Promotion, including the Promotion Prize, prior to undertaking any specified activities forming part of the Promotion Prize, acceptance or use of any prize or the Promotion Prize itself. If any entrant, Promotion Winner, nominated companion and/or parent/guardian (if applicable) does not sign the indemnity form provided by the Promoter and/or Zarraffa’s, within the time requested by the Promoter, the relevant entrant’s or winner’s entry or claim will be deemed invalid. Where a Promotion Winner’s entry or claim is deemed invalid, the Promotion Prize will be deemed unclaimed and the Promoter has a right to re-draw the Promotion Prize in accordance with the Unclaimed Prize Redraw in the Schedule.

8.8 Subject to the approval process required by any relevant gaming or lotteries authority, in the event that any prize item or the Promotion Prize is unavailable despite the Promoter’s reasonable endeavours to procure within Australia, the Promoter reserves the right to substitute a different prize item of equal or greater value or in its discretion substitute for a cash amount being equal to the value of the prize item, subject to any written directions from any relevant regulatory, judicial or government authority.

9. Conditions where Promotion Prize includes travel (i.e. air travel) or accommodation

9.1 Conditions may apply where a Promotion Prize includes:

  • travel by any means (such as air, bus or train and whether domestic or international); or
  • accommodation,

such travel or accommodation (where applicable) being provided by a Travel Provider.

9.2 The Promoter has the right to determine any Travel Provider at its sole discretion, and may as a condition of such determination require the Promotion Winner to travel on certain days/dates including blackout periods which include (but are not limited to) Christmas, New Year, public holidays, and school holidays in the departure or arrival city/country.

9.3 Unless otherwise specified:

  • all additional expenses associated with the travel by the Promotion Winner and any travelling companion(s) including spending money, meals, taxes, insurance, passports, visas, vaccinations, transport to and from departure points, transfers, items of a personal nature, in-room charges, and all other ancillary costs are not included in the Promotion Prize. Travel insurance and other insurances are not included as part of the Promotion Prize. The Promoter highly recommends that the Promotion Winner and any travelling companion(s) take out travel insurance and other relevant insurances;
  • the Promotion Winner and any travelling companion(s) must:

(i) travel at the same time;

(ii) depart from the same airport, which must be the primary airport of the Relevant State(s) capital city (or such other regional airport as determined by the Promoter in its discretion);

(iii) arrange at their own costs any transport to and from the airport.

9.4 The Travel Provider may impose its own conditions of carriage or conditions of stay on the Promotion Prize (which it may amend or substitute at its sole discretion from time to time).

9.5 The Promoter and/or Zarraffa’s:

  • is not responsible for the cancellation, delay or rescheduling of any part of the Promotion Prize or any costs incurred by the Promotion Winner or any travelling companion(s) as a result (including but not limited to accommodation costs), which will be the sole responsibility of the Promotion Winner;
  • makes no representations as to the safety conditions or other issues that may exist at any destination and offers no advice in relation to international travel, such information should be obtained from government and local consular offices (as appropriate).

10. Promotion Draw

10.1 The prize draw(s) (if applicable) will be conducted in accordance with the Draw Details. The Promotion Prize on offer in this Promotion will be awarded to the Eligible Entry or Eligible Entries (as applicable), selected in accordance with the Method of Draw.

10.2 Where the Method of Draw is noted in the Schedule as an ‘Electronic Draw System’ the Promoter gives notice that Promotion winner will be selected via the Electronic Draw System licensed to the Promoter from a third party and having the following approvals:

  • South Australia – Approval Number 959; and
  • New South Wales – Approval Number 525.

10.3 Promotion Winner(s) will be notified in accordance with the Notification of Winners as specified in the Schedule.

10.4 The Promoter, Zarraffa’s and the companies and agencies associated with this Promotion may at their discretion (or if required to comply with various legislation governing this Promotion) publish the name and State or Territory of Promotion Winner(s) in the Publications and/or any other newspaper and/or trade or industry publication and/or website(s) and/or social media page(s).

10.5 The notification in accordance with clause 10.3 to Promotion Winner(s) may include instructions as to how the Promotion Winner is to claim the Promotion Prize and establish his/her entitlement to it. Eligible Entrants may be required to verify their identify as the Promotion Winner of a prize draw, in accordance with clause 11. The Promoter reserves the right in its sole discretion to verify the validity of entries and to disqualify any entrant, Eligible Entry and/or voter if applicable, who tampers with the entry (or voting process), or who submits an entry or Eligible Entry which is not in accordance with these Terms, or who the Promoter has reason to believe has breached any of these Terms, or has engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

10.6 If a Prize Claim Date is set in the Schedule, the Promotion Prize is not available for delivery or collection (in accordance with the Claim Instructions) until this date.

10.7 In the event that the Promotion Prize (or any Promotion Prize, if multiple) remains unclaimed for the Unclaimed Period (for any reason), a promotion redraw or redraws (depending on the number of Promotion Prizes unclaimed) will occur in accordance with the Unclaimed Prize Redraw, subject to any directions given by any relevant authority.

10.8 The Promotion Prize or some or all components of the Promotion Prize on offer under this Promotion may require shipping to the Promotion Winner, which in such case shall be mailed or couriered directly to the address submitted in the Promotion Winners’ entry, at the cost and expense of the Promoter.

10.9 The Promoter and its associated and related bodies corporate will not be liable for any damage or delay in transit to Promotion Prizes. Promotion Winner(s) should allow 28 days for delivery of their Promotion Prize.

11. Entry Verification

11.1 All entries to the Promotion may be subject to verification by the Promoter. The Promoter will reimburse an entrant for any reasonable costs incurred in complying with this condition. An entrant, including the Promotion Winner, may be requested to deliver to the Promoter (by a means determined by the Promoter) copies of any documents the Promoter may request establishing eligibility to enter or win, including evidence of age, residence or identity, the receipt of purchase for the Eligible Entry and/or, if applicable, confirmation of the Zarraffa’s Z Card® The Promoter may make one or more requests for such documents. An entrant must deliver requested copies of such documentation within seven (7) days of being asked to do so by the Promoter. At the Promoter’s request, an entrant and the Promotion Winner must also, within seven (7) days of being asked, allow the Promoter to inspect and copy the original of any such document.

11.2 The Promoter may, at their absolute discretion, declare any or all entries and/or Eligible Entries made by an Eligible Person invalid if the Eligible Person:

  • fails to establish their entitlement to enter the Promotion to the Promoter’s satisfaction; or
  • produces items that, in the Promoter’s opinion, are illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way; or
  • in the Promoter’s opinion, tampers with the Entry Procedure or process or benefits from such tampering; or
  • in the Promoter’s opinion, submits an entry which is not in accordance with these terms.

11.3 Any attempt to cause damage to any website or the information on any website associated with this Promotion, otherwise owned or utilised by the Promoter and/or Zarraffa’s or to otherwise undermine the fair and legitimate operation of this Promotion may be a violation of criminal and civil laws. The Promoter and Zarraffa’s reserve 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.

11.4 Failure by the Promoter or Zarraffa’s to enforce any of their rights at any stage does not constitute a waiver of those rights.

12. Internet Entries

12.1 Any costs associated with accessing the Promotion website are the responsibility of the Eligible Person seeking access and are dependent on the internet service provider used.

12.2 Each Eligible Person must enter their internet entries manually online using a compatible internet browser. The Promoter may reject internet entries if it reasonably forms the opinion that the online form and/or entry have been entered using automated entry means or by use of a competition entry service.

13. Privacy

13.1 In entering this Promotion, each entrant and Eligible Person will be required to provide personal information to the Promoter. All personal information will be handled by the Promoter in accordance with the Promoter’s privacy policy, see http://www.zarraffas.com/privacy-policy for full details.

13.2 If an entrant to this Promotion does not provide the personal information requested by the Promoter, they may not participate in the Promotion (except where the provision of that information is optional).

13.3 Entrants must, at the Promoter’s and/or Zarraffa’s reasonable request, participate in all promotional and editorial activity (such as publicity and photography) surrounding this Promotion or the winning of the Promotion Prize, free of charge, and they consent to the Promoter, Zarraffa’s and their related bodies corporate using their name and image in promotional material. Without limitation, entrants, including the Promotion Winner consent to being broadcast, filmed, photographed or otherwise recorded without compensation while participating in this Promotion, or in taking or using any prize, including the Promotion Prize and they consent to the Promoter and/or Zarraffa’s repeating any such broadcast, film or other recording at any time. An entrant and the Promotion Winner also consent to the Promoter and/or Zarraffa’s submitting for use such broadcast, film, photograph or other recording to the Promoter’s and/or Zarraffa’s contractors, the Promoter’s and/or Zarraffa’s contractor’s contractors and the Promoter’s and Zarraffa’s agents and related bodies corporate.

13.4 Entrants consent to the Promoter and/or Zarraffa’s using the entrant’s name, likeness, image and/or voice in the event they are a Promotion Winner in this Promotion (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter and/or Zarraffa’s both now and in the future.

13.5 In addition to the Promoter’s privacy policy, it is expressly noted that the Promoter and/or Zarraffa’s will:

  • disclose entrant’s personal information to its contracted third parties and agents to assist in conducting this Promotion and to communicate with entrant’s and with State and Territory lottery departments; and
  • publish and retain the Promotion Winners’ names and other relevant details as required under any relevant legislation.

14. Promoter’s Liability

14.1 The Promoter and/or Zarraffa’s accept no responsibility for any tax implications that may arise from the prize winnings on offer in this Promotion. Independent financial advice should be sought. Where the operation of this Promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrant’s agree to follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.

14.2 The Promoter and/or Zarraffa’s will not be liable for any loss or damage or for any personal injury sustained as a result of any use of any of the Promotion Prize (or any other prize) awarded via this Promotion. To the extent permitted by law, the Promoter and/or Zarraffa’s is not liable for any loss suffered to person or property by reason of any act or omission, deliberate or negligent, by the Promoter, Zarraffa’s or its employees or agents or their related bodies corporate, in connection with the arrangement for the supply, or the supply, of goods and services by any person to the Promotion Winners and, where applicable, to any persons accompanying the Promotion Winners.

14.3 The Promoter and/or Zarraffa’s does not take any responsibility for the Promotion Prize awarded in this Promotion from being lost, stolen, damaged, or destroyed in transit to the Promotion Winner(s).

14.4 The Promoter and/or Zarraffa’s will not be liable for any loss or damage or for any personal injury sustained as a result of taking the Promotion Prize.  The Promoter and/or Zarraffa’s make no representations or warranties as to the quality, suitability, fitness for purpose or merchantability of any goods or services offered as prizes, including the Promotion Prize.  To the extent permitted by law, the Promoter and/or Zarraffa’s is not liable for any loss suffered to persons or property by reason of any act or omission, deliberate or negligent, by the Promoter, Zarraffa’s or its employees or agents or their related bodies corporate, in connection with the arrangement for the supply, or the supply, of goods and services by any person to the Promotion Winner and, where applicable, to any persons accompanying the Promotion Winner.

14.5 If for any reason the conduct or operation of this Promotion is interfered with or disrupted in any way (including by fraud, unauthorised intervention, vandalism, power failures, natural disasters, acts of God, civil unrest, strikes, computer bugs or viruses, tampering or technical failures), the Promoter and/or Zarraffa’s reserves the right to cancel, terminate, modify or suspend or recommence this promotion, subject to the approval of any Australian State or Territory Government bodies regulating this Promotion. If the Promotion is not capable of being run as planned, for reasons outlined above, the Promoter and Zarraffa’s will not be liable for any loss or damage of any kind to entrants arising out of any resultant action taken by the Promoter and/or Zarraffa’s.

14.6 Nothing in these conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act (2010) in Australia, 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 and Zarraffa’s (including its officers, employees, agents and related bodies corporate) 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 this Promotion.

14.7 To the full extent permitted by law, the Promoter and Zarraffa’s, their associated companies and agencies and all those entities’ personnel (the “Relevant Parties“) exclude all liability for any loss (including any damage, claim, injury, cost or expense) whatsoever, which is suffered or incurred by any entrant and/or Promotion Winner arising out of or otherwise in connection with this Promotion or the Promotion Prizes awarded in this Promotion, including:

  • any indirect, economic or consequential loss;
  • any loss arising from or contributed to by the negligence of a Relevant Party;
  • any liability for personal injury or death; and
  • use of a prize awarded under this promotion, including the Promotion Prize.

14.8 If other entities are conducting the Promotion in conjunction with the Promoter and/or Zarraffa’s, Zarraffa’s is not liable for any error made by the other entity when communicating details of the Promotion, the entry process, the prize draw, the prize, determination of the Promotion Winner and promoting the Promotion.

14.9 The Promoter may at its absolute discretion prohibit an entrant’s participation in this Promotion, cancel or suspend a prize or cease to provide any prize to a Promotion Winner if the entrant or Promotion Winner or any companion(s) are, in the reasonable opinion of the Promoter and/or Zarraffa’s, under the influence of alcohol or drugs, behaving aggressively, disruptively, or in a manner which may diminish the good name and reputation of the Promoter and/or Zarraffa’s or its products and brands, or are engaging in conduct that is misleading, deceptive, contrary to law or is otherwise inappropriate.

14.10 No responsibility will be taken for unsuitable, lost, deleted, late or misdirected entries. The Promoter and/or Zarraffa’s is not responsible for technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times.