Summer of Limoncelleo Spritz Competition

TERMS & CONDITIONS

1.  Information on how to enter and the prize 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 Australian residents aged 18 years or over.

3. Employees (and their immediate families) of the Promoter 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.

Promotion commences on 08/11/2024 and final entries close at 11:59pm AEDST on 31/01/2025 (“Promotional Period”).

5. To be eligible to enter, individuals must create a Manly Spirits Limoncello Spritz (using Manly Spirits Limoncello) and take a photo of their drink creation (“Photo”). Photo must be of the drink only, must include their bottle of Manly Spirits Limoncello and must not include any individuals.

6. To be eligible to enter, individuals must then enter via Facebook or Instagram and undertake the following steps:

Instagram

·Log in to their Instagram Account;

·Follow Manly Spirits Co Instagram Account https://www.instagram.com/manlyspirits/ (if not already); and then

·Post their Photo to their own Instagram account and tag Manly Spirits (@ManlySpirits).

Facebook

· Log into their Facebook Account;

·Follow the Manly Spirit Co Facebook Page https://www.facebook.com/manlyspirits (if not done so already);

·Visit the Manly Spirit Co Facebook Page and locate the promotional post featuring this promotion; and then

·As a direct comment to the promotional post, upload their Photo as a direct comment using the Facebook comment function and tag Manly Spirit Co within the caption.

7. 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.

Incomplete, indecipherable or illegible entries will be deemed invalid.

9. Multiple entries permitted, subject to the following: (a) each entry must be substantially unique; and (b) each entry must be submitted separately and in accordance with entry requirements.

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.

The judging will take place at the Promoter’s office commencing on 01/02/2025. 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 winner will be notified by direct message according to their method of entry, being Facebook Messenger or Instagram Direct Message. This is a game of skill and chance plays no part in determining the winner.  Each entry will be individually judged based on creativity, originality and presentation.

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

The best valid entry, as determined by the judges, will win a two (2) night stay at The Manly Pacific, Manly NSW, for two (2) adults in an Ocean View Room including breakfast valued at up to $1500. If the winner resides outside of NSW, the Promoter will also provide two (2) return economy class airfares from the winners nearest Australian Capital City to Sydney NSW valued at up to $2,000. Total prize is valued at up to $3,500 depending on date and point of departure. If the winner is from NSW, then the prize does not include airfares and the airfare component of the prize is not redeemable for cash, and the winner will be responsible for their own travel to and from Manly.

14. Spending money, any additional meals, insurance, transport to and from departure point, transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. Prize must be taken by 30/06/2025 and is subject to booking and flight availability. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. The winner may be required to present their credit card at time of accommodation check in.

15. 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.

16. Entry and continued participation in this promotion is subject to the licensee’s liquor serving policy. The Promoter advocates the responsible service and consumption of alcohol.

17. The Promoter encourages consumers to enjoy responsibly.  Legal aged consumers are advised to consider the safe drinking levels recommended in the National Health & Medical Research Council Australian Alcohol Guidelines that are available at https://www.nhmrc.gov.au/health-advice/alcohol#download.

18. If for any reason the winner does not take the prize (or an element of the prize) at / by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.

If the prize (or part of the 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.

Total prize pool value is up to $3,500. 

21. The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.

22. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (“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:

(a)   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, or otherwise unsuitable for publication;

(b)   their Content shall not contain viruses or cause injury or harm to any person or entity;

(c)   they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;

(d)   they will obtain full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, and the Content does not infringe the rights of any third party;

(e)   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; and

(f)    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.

Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.

23. As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees 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.

24. 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.

25. 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) to modify, suspend, terminate or cancel the promotion, as appropriate.

26. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.

27. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.

28. 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 (Cth), as well as any other implied warranties under the ASIC Act (Cth) 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.

29. 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) any tax liability incurred by a winner or entrant; or (f) use of the prize.

30. 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.

31. The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers and prize suppliers. 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://manlyspirits.com.au/pages/privacy-policy?_pos=1&_sid=0b4e6aca1&_ss=r. 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 entrant’s personal information to any entity outside of Australia.

32. Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Facebook Terms of Service, which can be viewed at https://www.facebook.com/legal/terms OR the Instagram Terms of Use, which can be found at http://instagram.com/about/legal/terms.

33. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook OR Instagram. Entrants understand that they are providing their information to the Promoter and not to Facebook OR Instagram. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook OR Instagram. Facebook OR Instagram will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.

34. The Promoter is Whittaker Distilleries Pty Ltd Trading As Manly Spirits Co (ABN 20 609 079 825) of 4B / 9-13 Winbourne Road, Brookvale NSW 2100.

ABRIDGED TERMS & CONDITIONS

PRINTED & DIGITAL

“T&Cs apply, see [INSERT URL]. AU res 18+. Ends: 11:59pm AEDT 31/1/23. Max 1 entry p/person.

The [INSERT URL] placeholder should be replaced with the direct web address for the full Terms and Conditions.

PLEASE NOTE:

1. Any changes made to the Terms and Conditions may affect the information to be included in the details above.

2. The above abridged Terms and Conditions may be shortened further if any of the above details are present in the copy of the collateral. We also assume that appropriate details on how to enter will be included in the artwork, however, please contact us if this is not the case.

3. The provision of the above abridged Terms and Conditions does not equate to legal approval of any advertising material that contains the above details. We strongly recommend that any advertising material be forwarded to our office for legal approval prior to proceeding to print/recording/publication.