Artist Amplifier Initiative – Terms & Conditions

Competition

These terms and conditions (Terms) govern the Aether Artist Amplifier Initiative (Competition) which is held by Aether Group Pty Ltd ACN 600 064 926 (Aether).

1. Entry into the Competition is deemed acceptance of these Terms by each Entrant. Information on how to enter the Competition forms part of the Terms.
2. The Competition is a game of skill, and chance plays no part in determining the winner.
3. Entry is open to residents of Australia only. Entrants must be eighteen (18) years or older. Employees of Aether and their immediate family members are not eligible to enter.
4. The Competition is ongoing and entries are accepted on a rolling basis.
5. Subject to clause 6, Aether will choose a winner every three (3) months from the Start Date.
6. Notwithstanding the above, Aether may elect to choose winners of the Competition on a more regular basis, at its sole discretion.
7. Winners will be announced via Aether’s Facebook page www.facebook.com/AetherBrewing/.
8. Aether may also contact the winner by phone or email.
9. The prize consists of:
   • $1,000 AUD cash;
   • Two (2) cases of the designated beer with the winning label (approx. AUD $200);
   • Three (3) mixed cases of Aether core products, which may vary depending on availability (approx. AUD $200);
   • A merchandise pack consisting of a T-Shirt, Hat and Stubby Holder (approx. AUD $200);
   • Publication of the artist’s profile on Aether’s website and social media accounts.

   Total prize value is approximately AUD $1,600 (incl. GST).

10. The prize must be taken as stated. It is not transferable, exchangeable for cash, or redeemable for other goods/services unless agreed by Aether.
11. Aether is not liable for any loss, damage or injury suffered by the winner during acceptance or use of the prize, except for liability which cannot be excluded by law.
12. To enter, participants must:
    • Register on the Aether Portal (www.aetherbrewing.com.au/login/);
    • Sign a copy of these Terms;
    • Design or submit a label (Label);
    • Upload the design (pdf, jpg, or png) to the Aether Portal.
13. Entries submitted elsewhere (Instagram, Twitter, Facebook) will not be counted.
14. The Label must not have been submitted for any other competition.
15. Entries must comply with the ABAC Responsible Alcohol Marketing Code and all applicable liquor laws, including the Liquor Act 1992 (Qld). Non-compliant entries will be deemed invalid.
16. Multiple entries per entrant are allowed.
17. Aether may require winners to provide proof of identity, residency, and entry validity. Failure to do so may result in forfeiture and selection of another winner.
18. Aether may disqualify entries containing objectionable or defamatory content, tampering, or fraudulent conduct.
19. Aether is not responsible for late, lost, or misdirected entries, including technical delays.
20. Judging is by Aether’s art panel (including external mentors) and is based on creativity. The judges’ decision is final.
21. Aether excludes all warranties and disclaims liability arising from participation in the Competition, except where liability cannot be excluded by law.
22. To the extent Aether is liable under law, liability is limited to resupplying the goods/services or the cost of resupply.
23. Aether has no liability for indirect or consequential loss (profit, reputation, goodwill, opportunity).
24. Aether is not liable for damage or delay in transit of prizes.
25. If unforeseen events prevent the Competition proceeding as planned (e.g. natural disasters, pandemics, acts of terrorism, or government restrictions), Aether may cancel, modify, or suspend the Competition.
26. Aether may disqualify entrants for unlawful or improper conduct.
27. If the Competition is compromised by viruses, fraud, tampering, or other causes, Aether may cancel, modify, or suspend it.
28. Prize value correct at publication; no responsibility for variation in value.

Aether Portal

31. Entrants may only access the Aether Portal for the purpose of this Competition.
32. Entrants acknowledge and agree that:
    • They must be over 18 years old;
    • They may be issued a user ID and password;
    • They are responsible for keeping login details secure;
    • They must notify Aether of any unauthorised use;
    • Use of the Portal is at their own risk;
    • The Portal may be unavailable for maintenance and is not guaranteed error-free;
    • Entrants are responsible for acquiring equipment/software to access the Portal.

Intellectual Property

33. The Entrant grants Aether a worldwide, exclusive, royalty-free licence to use the Label on products, merchandise, branding and advertising for 24 months from award.
34. If Aether wishes to continue using the Label after 24 months, it will negotiate a royalty licence on reasonable terms.
35. Entrants retain ownership of their intellectual property in the Label, subject to the licence.
36. Entrants warrant that:
    • They have legal capacity to enter these Terms;
    • They own all rights in the Label;
    • Use by Aether will not infringe third-party rights.
37. Entrants indemnify Aether against claims, costs, or liabilities arising from:
    • Breach of these Terms;
    • Unauthorised use of login credentials;
    • Negligence or third-party rights infringement.

General

38. Entrants may not assign or sublicense rights under these Terms.
39. If any provision is invalid or unenforceable, it will be read down or severed without affecting the rest.
40. Each party must do what is reasonably necessary to give full effect to these Terms.
41. These Terms are governed by the laws of Queensland, Australia. Entrants submit to the jurisdiction of Queensland courts.