“LEMON, LIME AND ANGOSTURA BITTERS REINVENT AN ICON BARTENDER COMPETITION”

TERMS AND CONDITIONS

PARTICIPATION 

  1. Information on how to enter the “Lemon, Lime and Angostura Bitters Reinvent An Icon Bartender Magazine Competition” (Competition) and the Prizes form part of these Terms and Conditions. By participating in the Competition, Entrants (as defined below) agree to be bound by these Terms and Conditions. 
  1. The Competition is conducted by Proximo Australia Pty Ltd (ABN 64 125 895 561), of Unit 1, 11 Packard Avenue, Castle Hill NSW 2154 (Promoter).
  1. Entry is only open to Australian residents aged 18 years or over who are employed as bartenders and are able to take both components of the prize (Entrants). Employees (and their immediate families) of the Promoter or any of its related corporations or any of their agencies associated with this Competition are ineligible to enter. For clarity, the winners must confirm and be able to attend each components of the prize, unless otherwise permitted in the absolute discretion of the Promoter.
  1. The Competition commences on 12.01am AEST from Monday 2nd July and closes at 11.59pm AEST on 1 August 2018 (Competition Period).

ENTRY TO THE COMPETITION

  1. To enter the Competition, Entrants must, during the Competition Period under take the following steps:
  1. create an original drink containing Angostura aromatic bitters. The drink must be: (i) non-alcoholic; (ii) prepared so as to be served as a long drink (namely served in what would be typically considered a long glass); (iii) be refreshing and easy to drink; and (iv) be easy and quick to make;
  2. prepare the recipe, including details of the ingredients and the method of making the drink. The recipe should contain only generic names without refence to any third party’s intellectual property (e.g. use ‘lemon squash’ instead of any brand name);
  3. take a photograph of how the drink would be presented to a consumer; 
  4. send an email with the subject line: “Angostura Bitters Bartender Competition” to tmah@proximospirits.com, together with their full name, address, mobile phone number and the name of the venue at which they are employed. The email must also include a copy of the recipe, and the photograph of the drink as an attachment (Entry).
  1. An Entrant may only submit one entry as part of the Competition.
  1. For the avoidance of doubt, we will not accept Entries which are incomplete, illegible, indecipherable or which are generated by computers or other automated means.
  1. The Promoter must receive all Entries during the Competition Period. Entries received before the start of the Competition Period or after the close of the Competition Period will not count towards the Competition and will be regarded as invalid. Records of the Promoter are final and conclusive as to time of receipt. 
  1. Entrants can only enter in their own name. The Promoter reserves the right, at any time, to verify the validity of Entries and Entrants (including an Entrant’s identity, place of employment, 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 Competition. 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.
  1. 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.

JUDGING AND PRIZES

  1. All Entries received during the Competition Period will be individually judged based on the originality and creative merit of the Entry submitted. The judges may select additional reserve entries, which they determine to be the next best, and record them in order of merit, in case of an invalid Entry or ineligible Entrant. Winners will be notified by phone and email on 7th August 2018.
  1. This is a game of skill and chance plays no part in determining the winners.  
  1. There are a total of three (3) prizes to be won as part of the Competition.
  1. The best three (3) valid entries, as determined by the judges, will each win the following prize, which comprises two (2) components:
  1. component one (1): is one (1) ticket only to attend the 2018 Bar Awards to be held in Sydney on Tuesday 18th September 2018.  This component of the prize includes a ticket only for the winner. This component of the prize does not include flights, accommodation, spending money or any other ancillary costs associated with taking this component of the prize. This component of the prize must be taken to coincide with the event and the Promoter will not be responsible should the winner be unable or not take this prize when ; and
  2. component two (2): is the chance to attend a Bartender Magazine photoshoot promoting the winner’s winning Entry and appear in the October 2018 print edition of Bartender Magazine. All winners must be able and willing to travel to Sydney on either w/c 20th or 27th August 2018. The Promoter will notify all winners of the exact dates of the photoshoot at the time of prize notification.  Winners (excluding WA residents) will  be required to travel and return to their closest capital city on the same day. The Promoter will provide return economy airfares for all winners to attend the photoshoot in Sydney, NSW on the aforementioned dates. This component of the prize does not include accommodation (except in the case of a WA winner, in which case the accommodation will be for one (1) night at a place to be determined in the absolute discretion of the Promoter), or any other ancillary costs associated with taking the prize; 
  1. Prize values, if any are stated, are accurate as at the commencement date of the Competition. Any variation after that date is beyond the Promoter’s control. All costs, fees, charges or expenses associated with the prize(s), which are not specified in these Terms and Conditions, are the responsibility of the winner(s).
  1. The winners will be notified by email.
  1. If for any reason a winner does not take the prize (or an element of a prize) in the week commencing 20th August 2018 or 28th August 2018 (as determined by the Promoter) and   18th September 2018 to coincide with the 2018 Bar Awards, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash. 
  1. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified. 
  1. If a prize (or an element of a prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that element of the prize) with another prize of equal value and/or specification.
  1. If any prize(s) remain unclaimed by 10th August 2018 then the Promoter will revert back to the reserve entries as outlined in clause 11 and award any unclaimed prize(s) to the next best Entrant(s).

GENERAL

  1. All of the Promoter’s decisions are final and no correspondence will be entered into.
  1. Without limiting any other provision herein, winners consent to the Promoter using their Content (including Entry), name, likeness, image and/or voice (including any photograph, film and/or recording of the same), in any media, for an unlimited period and without remuneration, for the purpose of promoting this Competition (including any outcome), the Promoter and any products manufactured, distributed and/or supplied by the Promoter.
  1. If this Competition 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,  fraud, war, terrorism, state of emergency or natural disaster), the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any Entrant; or (b) to modify, suspend, terminate or cancel the Competition, as appropriate.
  1. Any cost associated with entering the Competition is the Entrant’s responsibility.
  1. The Promoter assumes no responsibility for: (a) any error, omission, interruption, or delay in the operation or transmission of any communication sent to (or by) the Promoter or any Entrant; (b) any theft, destruction or unauthorised access to, or alteration of such communications; (c) any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Competition; or (d) any incorrect or incomplete information which may be communicated in the course of administering this Competition (whether as a result of one of the foregoing causes or otherwise).
  1. Caution: any attempt to cause damage to any website or the information on any website associated with this competition or to otherwise undermine the fair and legitimate operation of this competition may be a violation of criminal and civil laws. The promoter reserves 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.
  1. Any documentation associated with a prize, are void if lost, stolen, forged, mutilated or tampered with in any way.
  1. Each Entrant agrees that they are fully responsible for any materials they submit via the Competition including but not limited to their Entry, captions, images, videos or comments (Content). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
  1. they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, promote illegal acts or otherwise unsuitable for publication; 
  2. their Content shall not contain viruses or cause injury or harm to any person or entity; 
  3. the Content is the original work of the Entrant that does not infringe the rights of any third party; 
  4. they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; 
  5. they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems; and
  6. the Content does not contain any commercial content that promotes (other than the Promoter’s) any product or service or reference any third party names, logos, service marks, trade marks, copyrights, trade names or trade dress. 
  1. As a condition of entering this Competition, each Entrant: 
  1. licenses and grants the Promoter, its related bodies corporate and their agencies a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their Entry (which shall include Content) 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; and
  2. consents, freely and voluntarily, to Content to which copyright attaches being changed, copied, edited, added to, taken from, published without attribution, adapted and/or translated, in any manner or context by Promoter and any person authorised by Promoter to do so, for any purpose, notwithstanding that such conduct may amount to derogatory treatment of the Content within the meaning of the Copyright Act 1968 (Cth).
  1. Without limiting any other terms herein, the Entrant agrees to indemnify the Promoter and all its related bodies corporate, contractors and personnel for any from and against all losses, damage, claims, costs or expenses (including reasonable legal fees) that any of them may suffer as a result of any breach of clause 28 or 29 of these Terms and Conditions.
  1. 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 related corporations or their relevant officers, employees and agents) exclude all liability (including negligence), for any personal injury, loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of the Competition or the prize.
  1. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its related corporations or their respective officers, employees and agents) are not responsible for and 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: 
  1. any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); 
  1. any theft, unauthorised access or third party interference; 
  2. 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; 
  3. any variation in prize value to that stated in these Terms and Conditions; 
  4. any tax liability incurred by a winner or Entrant; or 
  5. taking/use of a prize.
  1. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such personal 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 entrants providing their personal information. The Promoter will collect, store, use and disclose personal information as set out in its Privacy Policy, which can be viewed at https://proximospirits.com/privacy. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the personal information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their personal information, 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 entrant’s personal information to any entity outside of Australia without the entrant’s permission.
  1. The laws in force in New South Wales apply to this Competition to the exclusion of any other law.  Entrants submit to the exclusive jurisdiction of the courts of New South Wales.