Terms and Conditions

Terms and Conditions for Capital Brewing Co. Year of Beer Competition

1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this competition is deemed acceptance of these Terms and Conditions.
2. The competition commences at 9:00 AM (AEST) on June 8, 2023, and ends at 11:59 PM (AEST) on July 9, 2023 (Competition Period).
3. Entry is only open to residents of Australia aged 18 years or over (Eligible Entrants).
4. Employees (and their immediate families) of Capital Brewing Co. and agencies associated with this competition 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.
5. To enter, Eligible Entrants must:
   a) Submit their details and preferences via this page: capitalbrewing.co/win-a-year-of-beer; OR
   b) Submit their details and preferences by engaging with the relevant Capital Brewing Co. Facebook or Instagram advertisement.
6. Capital Brewing Co. 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 to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at Capital Brewing Co.’s discretion. Failure by Capital Brewing Co. to enforce any of its rights at any stage does not constitute a waiver of those rights.
7. Incomplete or indecipherable entries will be deemed invalid.
8. If there is a dispute as to the identity of an entrant, Capital Brewing Co. reserves the right, in its sole discretion, to determine the identity of the entrant.
9. Capital Brewing Co. shall review the entries and determine, in its absolute discretion, the winning entry. The Promoter’s decision is final. The winner will be contacted via email. One prize will be awarded based on a random prize draw on August 3rd.
10. There is one (1) prize to be won. The Prize is twelve (12) cartons of either:
    10.1 Capital Brewing Co. Trail Pale Ale cans (375ml) valued at $719.88 RRP;
    10.2 Capital Brewing Co. Summit Session Ale Cans (375ml) valued at $659.88 RRP;
    10.3 Capital Brewing Co. RockHopper IPA Cans (375ml) valued at $779.88 RRP;
    10.4 Capital Brewing Co. Coast Ale Cans (375ml) valued at $695.88 RRP;
    10.5 Capital Brewing Co. Hang Loose Juice NEIPA (375ml) valued at $839.88 RRP;
    10.6 Capital Brewing Co. XPA Cans (375ml) valued at $719.88 RRP;
    10.7 Capital Brewing Co. ALC-Less cans (375ml) valued at $539.88 RRP;
    10.8 Capital Brewing Co. Mixed Case 16 Cans (375ml) valued at $779.88 RRP;
    The prize will be awarded in twelve (12) monthly installments, with each installment consisting of one (1) carton of beer. The winner can choose from the following options for each installment: Capital Brewing Co. Trail Pale Ale cans (375ml), Capital Brewing Co. Summit Session Ale Cans (375ml), Capital Brewing Co. RockHopper IPA Cans (375ml), Capital Brewing Co. Coast Ale Cans (375ml), Capital Brewing Co. XPA Cans (375ml), Capital Brewing Co. Hang Loose Juice NEIPA (375ml), Capital Brewing Co. ALC-Less cans (375ml) or Capital Brewing Co. Mixed Case 16 Cans (375ml)
    The total prize pool for this promotion is a maximum of $839.88, consisting of twelve individual cartons of beer. The prize cannot be transferred to another person. The selected winner must personally contact Capital Brewing Co. to claim their prize.
11. Once the winner accepts the prize and provides the required information as outlined in section 8, the prize will be delivered to them.
12. The decision of the Promoter is final, and no correspondence will be entertained.
    GENERAL:
13. If the conduct or operation of the Promotion is disrupted or interfered with by any cause beyond the reasonable control of the Promoter (including vandalism, power failures, natural disasters, acts of God, civil unrest, strikes, tampering, computer bugs or viruses, or technical failures), the Promoter reserves the right to cancel, terminate, modify, suspend, or recommence the Promotion, subject to any written directions from the lottery authorities.
14. If any prize is unavailable, the Promoter reserves the right, at its discretion, to substitute the prize with a prize of equal value and/or specification, subject to any written directions from a regulatory authority.
15. The prize is not transferable or exchangeable for cash. If the competition is canceled or rescheduled, the total prize value will not be refunded or awarded to the winner. In case the winner(s) are unable to receive their prize for any reason, Capital Brewing Co. reserves the right to redistribute the prize and award it to runner-up entrants.
16. If Capital Brewing Co. is unable to contact the winner within 24 hours of the draw, despite making every effort using the information provided by the entrant, Capital Brewing Co. will award the prize to another valid entrant.
17. By entering this competition, entrants consent to the Promoter using their name, likeness, image, and/or voice (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.
18. By entering this competition, entrants grant the Promoter a perpetual, irrevocable, and worldwide license to use, replicate, distribute, and commercialize the entry and any copyright subsisting in the entry. By utilizing the Capital Brewing Co. account tag on a video or photo an entrant consents to the Promoter sharing their entry on its own social media accounts, website, and other promotional materials.
19. The Promoter collects personal information about entrants for the purpose of including them in the promotion and, if applicable, awarding a prize. If the requested personal information is not provided, the entrant cannot participate in the promotion and is deemed ineligible. Entrants can access, update, or correct any personal information held by the Promoter by contacting the Promoter’s Privacy Officer at info@capitalbrewing.co. All personal information will be stored at the Promoter’s office
20. Participation in this Promotion is considered acceptance of the following:
    a) complete webform submission by any entrant or participant;
    b) That the information provided by each entrant is provided to the Promoter (as detailed in these Terms and Conditions) and not to Instagram or Facebook respectively.
21. Participation and entry in this Promotion is conditional upon the entrant complying with all rules, regulations and guidelines set down by Instagram and Facebook where relevant.
22. Instagram & Facebook membership and the use of Instagram or Facebook generally are subject to the Instagram prevailing terms and conditions of use available at https://help.instagram.com/ & Facebook prevailing terms and conditions of use available at https://www.facebook.com/help.
23. Entrants understand that they are providing their information to the Promoter and not to Instagram. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other internet users via Instagram. To the extent permitted by law, each Entrant agrees to indemnify, defend and forever hold harmless, Instagram and its associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by an Entrant in respect of the Entrant’s participation in the promotion. Any questions, comments or complaints about this Promotion must be directed to the Promoter and not to Instagram.
24. 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.
25. Any cost associated with accessing Instagram/Facebook is the entrant’s responsibility and is dependent on the Internet service provider used.
26. 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.
27. Except for any liability that cannot by law be excluded, including the No 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 party event is 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) attendance at the prize event.
28. As a condition of accepting a prize, each winner may be required to 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.
29. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to 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 information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries become the property of the Promoter.
30. The promoter is Capital Brewing Co. (ABN 71 610 788 317) of Building 3, 1 Dairy Road Fyshwick ACT 2609