“JIM BEAM BACKYARD BAR” PROMOTION TERMS AND CONDITIONS
Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
The Promoter is Beam Suntory Australia Pty Ltd (ABN 85 003 953 357) of Level 18, 100 Pacific Highway, North Sydney, NSW 2060 (“Promoter”). Telephone: 02 8977 9700.
Entry is only open to Australian residents aged 18 years or over who can take the prize as offered. The prize involves installation of a 1.9m (wide) x 1.2m (deep) x 2.3m (high) structure at the winner’s nominated residential address. If the winner resides in a location where the installation of the prize cannot be carried out, such as a rental property or an apartment, the Promoter may, in its absolute discretion, allow the winner to nominate an alternate address for the installation to take place, subject to any additional owner approvals required.
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 at 12:01am AEDST on 19/03/2021 and closes at 11:59pm AEST on 30/04/2021 (“Promotional Period”).
To enter, individuals must complete the following steps during the Promotional Period:
Visit http://www.jimbeampromotions.com.au/backyardbar, follow the prompts to the promotion entry page, input the requested details (including their full name, age, email address, full address with no PO boxes);
When prompted, respond in 25 words or less to the promotional question “Why they should win the Jim Beam Backyard Bar”;
Mark the mandatory check boxes confirming that (a) should they be deemed a winner, they are able to take the prize as offered and that they have a suitable residential address for installation of the prize; (b) the residential address provided will be used as the delivery address for the prize if selected as a winner; and (c) the residential address provided has sufficient space to assemble and house a structure that is 1.9m (wide) x 1.2m (deep) x 2.3m (high); and then
Submit the fully completed entry form.
This is a game of skill and chance plays no part in determining the prize winners.
Only (1) entry is permitted per person. Multiple entries are not permitted.
Incomplete or indecipherable entries will be deemed 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.
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.
Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. There are no additional costs charged by the Promoter to enter the promotion.
The judging will take place on 03/05/2021. Each entry will be individually judged based on literary and creative merit of the answer provided to the promotional question. Liquid Ideas are engaged as the prize judges on behalf of the Promoter. 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 in writing via email.
The best valid entry, as determined by the judges, will win the major prize valued at $20,080. The major prize consists of the following:
1x bespoke Jim Beam Backyard Bar measuring at 1.9m (wide) x 1.2m (deep) x 2.3m (high);
1x bar fridge;
1x Bluetooth sound system;
4x bar stools;
1x Jim Beam & Cola 10 pack; and
1 x Jim Beam White Label 700mL bottle.
The major prize will be delivered and installed by a company of the Promoter’s choosing, at the winner’s nominated residential address as provided as part of their entry. Entrants must reside in a property that has a garden or suitable space with which to build the Jim Beam Backyard Bar measuring at 1.9m (wide) x 1.2m (deep) x 2.3m (high). Once a winner has been chosen, they will become the owner of the Jim Beam Backyard Bar and the Jim Beam Backyard Bar will be regarded as a fixture on their property. Failure to confirm dimensions of garden space when requested may, in the absolute discretion of the Promoter, result in invalidation of an entrant’s entry and forfeiture of any right to the prize. Prize does not include electricity connection costs. In the event the winner, for whatever reason, does not have a nominated address suitable for installation of the prize, they will be deemed ineligible and the prize will be awarded to an alternate prize winner. Liquid Ideas will prepare and/or organise any council approvals, applications or permits that may be required to install the Jim Beam Backyard Bar. Any ongoing costs associated with maintaining the Jim Beam Backyard Bar once completed will be the responsibility of the winner.
The next best twenty-seven (27) valid entries, as determined by the judges, will each win a first runner up prize valued at $585. Each runner up prize consists of the following:
1x Bondi Bar full set;
1x Jim Beam branded bar mat;
1x Jim Beam & Cola 10 pack; and
1 x Jim Beam White Label 700mL bottle.
The next best one hundred (100) valid entries, as determined by the judges, will each win a second runner up prize valued at $330. Each runner up prize consists of the following:
1x Jim Beam branded cooler;
1x Jim Beam & Cola 10 pack; and
1 x Jim Beam White Label 700mL bottle.
No re-direction of a prize will be accepted unless specified otherwise in writing. Entrants are responsible for providing full and accurate details at the time of entry and the Promoter will not be responsible for any costs associated in locating the prize if details provided by an entrant were inaccurate.
Winners must allow up to two weeks for processing and delivery of the prize from the date of winner notification/verification.
The Promoter’s decision is final and no correspondence will be entered into.
Entrants must contact Liquid Ideas at [email protected] or 02 9667 4211 for all inquiries.
If for any reason a winner does not take / redeem the prize at the time stipulated by the Promoter, then the prize will be forfeited.
A prize will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion. The verification tests and procedures shall be determined by the Promoter in its absolute discretion.
If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification.
Total prize pool value is $68,875. Prizes are not transferable or exchangeable and cannot be taken as cash, unless otherwise indicated by the Promoter.
All additional costs not expressly stated, but which may be incurred in acceptance and use of a prize, are the responsibility of the winner. No compensation will be payable if the winner is unable to accept or use any part of a prize as stated for whatever reason. Any part of a prize that is not taken for any reason is forfeited. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought.
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 www.nhmrc.gov.au. Entry and continued participation in this promotion is subject to the licensee’s liquor serving policy.
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 any Content without notice for any reason whatsoever. Entrants warrant and agree that:
they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, 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;
their Content shall not contain viruses or cause injury or harm to any person or entity;
they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
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;
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
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.
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.
Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are the winner of the prize (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.
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.
Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
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.
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 the winner or entrant; or (f) use/taking of a prize.
An entry and any copyright subsisting in an entry irrevocably becomes, at time of entry, the property of the Promoter, and may be used in future marketing materials including (but not limited to) social media posts, digital marketing materials, and internal documents.
As a condition of accepting a major prize, the winner 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.
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, prize suppliers and, as required, to Australian regulatory authorities. 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://www.jimbeam.com/privacy. Unless the Entrant has expressly opted in, PI will not be used for any form of marketing or promotion not associated with this “Jim Beam Backyard Bar” promotion. 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 PI 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 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. Unless otherwise indicated by the Promoter, the Promoter may disclose PI to entities outside of Australia (see the Promoter’s Privacy Policy for details).
