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COMPETITION TERMS & CONDITIONS

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

Competition

  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 Group Pty Ltd (Aether) and their immediate family members are not eligible to enter.
  4. The start date and time for the Competition is 1 May 2022 at 9am AEST (Start Date).
  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:
  • $1,000AUD cash;
  • Five (5) cases of the designated beer with the winning label;
  • a merchandise pack consisting of T-Shirt, Hoodie, Hat and Stubby Holder;
  • publication of the artists profile on Aether’s website and social media accounts.
  1. The prize must be taken as stated. The prize is not transferable to another person (unless agreed to by Aether) or exchangeable for other goods and services and cannot be redeemed for cash. Any element of the prize that is unused will be forfeited.
  2. Aether is not liable for any loss or damage whatsoever which is suffered, including but not limited to indirect or consequential loss, or for personal injury suffered or sustained by the winner during the course of accepting or using the prize, except for any liability which cannot be excluded by law.
  3. To enter the Competition participants must:
  • Register as an Entrant to the Competition on the Aether Portal (located at www.aetherbrewing.com.au/login/);
  • Sign a copy of these Terms;
  • Design or submit a label for the competition (Label); and
  • Upload the design in pdf, jpg or png to the Aether Portal.
  1. Entries submitted elsewhere, including on Instagram, Twitter or Facebook, will not be counted as an entry into the Competition.
  2. The Label must not have been submitted for any other competition.
  3. Entrants acknowledge and agree that all entries to the Competition must comply with the ABAC Responsible Alcohol Marketing Code found at: https://www.abac.org.au/about/thecode/
  4. If Aether determines in its sole discretion that an entry is incomprehensible, incomplete or does not comply with the ABAC Responsible Alcohol Marketing Code, Aether will, in its sole discretion, deem the entry invalid.
  5. Entrants in the Competition may enter multiple times.
  6. Aether reserves the right to require winners to provide proof of identity, proof of residency and/or proof of entry validity in order to claim the prize. Proof of identification, residency and entry considered suitable for verification is at the discretion of Aether. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered. Aether may then choose a 2nd entry as the winner of the Competition.
  7. Aether reserves the right to verify the validity of entries and to disqualify any entry which, in the opinion of Aether, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these Terms or who has, in the opinion of Aether, engaged in conduct in entering the Competition which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Competition and/or Aether. Aether reserves the right to disqualify a winner if Aether becomes aware that the winner and/or the winner’s entry is of a type described in this clause.
  8. Aether accepts no responsibility for any late, lost or misdirected entries including delays in the provision of entries due to technical disruptions, network congestion or for any other reason.
  9. Each valid entrant will be judged by the Aether Brewing art panel which includes external art mentors. The judges will select the winning entry, based on the most creative entry at the judge’s sole discretion.
  10. Aether’s decision is final and Aether will not enter into correspondence regarding the Competition result or winning entry.
  11. To the greatest extent permitted by law, Aether excludes all warranties, representations or guarantees (Warranties) regarding the Competition and any prizes, including any Warranties which may have been made in the course of advertising or promoting the Competition. The conduct of the Competition or the supply of prizes may involve third parties, and the Competition makes no Warranties and disclaims all liability in connection with any such third parties, their acts or omissions. By entering the Competition, an Entrant releases and indemnifies Aether and its related bodies corporate (including the officers, employees and agents of each) from and against all actions, penalties, liabilities, claims or demands the entrant may have against Aether or that Aether may incur for any loss or damage which is or may be suffered or sustained as a direct or indirect result of an Entrant entering or participating in the Competition or winning or failing to win a prize, or using or permitting any other person to use the prize, except for any liability which cannot be excluded by law or which would cause any part of this clause to be void or unenforceable.
  12. If despite the foregoing clause, Aether incurs a liability to an entrant under any law which implies a Warranty into these Terms of entry which cannot legally be excluded, Aether’s liability in respect of the Promotion is limited, in Aether’s discretion, to either resupplying such goods or services as form part of the Competition, or paying the cost of resupplying those goods or services.
  13. Without limiting any of the foregoing, in no circumstances will Aether have any liability to an Entrant for any loss or damage suffered which is indirect or consequential in nature, including without limitation any loss of profit, loss of reputation, loss of goodwill, or loss of business opportunity.
  14. Aether and its associated agencies and companies will not be liable for any damage in transit to or delay in transit of prizes.
  15. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders Aether’s ability to proceed with the Competition on the dates and in the manner described in these Terms, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism or pandemic, Aether may in its absolute discretion cancel, modify, suspend, delay or extend the Competition as it sees fit.
  16. Aether reserves the right in its sole discretion to disqualify any individual who Aether has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition. Aether’s legal rights to recover damages or other compensation from such an offender are reserved.
  17. If for any reason this Competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of Aether, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this Competition, Aether reserves the right in its sole discretion to take any action that may be available, and to cancel, terminate, modify, suspend or extend the competition.
  18. The prize value is correct at time of printing these Terms but no responsibility is accepted by Aether for any variation in the value of any of the prize.

 

Aether Portal

  1. Entrants acknowledge and agree that access to the Aether Portal is granted solely for the purpose of the Competition.
  2. Entrants acknowledge and agree that:
  • Entrants must be over the age of eighteen (18) years of age;
  • upon being granted access to the Aether Portal by Aether (in its sole discretion) Entrants may be issued with a user-id and password;
  • Entrants are responsible for ensuring the security of your computer and maintaining the confidentiality of any issued user-id and password to the Aether Portal;
  • Entrants must not allow any other person access to your issued user-id and password and you will be responsible for all your account information (if any) and use of your account by anyone other than yourself;
  • Entrants must notify Aether immediately if you become aware of any unauthorised use of your issued user-id and/or password;
  • Entrants use of the Aether Portal is your responsibility and is entirely at your own risk and you accept full responsibility for all and any information that you transmit via your access to the Aether Portal;
  • Entrants must not use the Aether Portal in a way that breaches any of these Terms or any laws, regulations, standard or codes as enacted or modified from time to time;
  • Entrants must not modify, copy, adapt, distribute, translate or create derivative works of any kind whatsoever of any of the content on the Aether Portal;
  • the Aether Portal will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes);
  • the Aether Portal will not be error free and Aether does not guarantee that the Aether Portal will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the Aether Portal;
  • Entrants are responsible for acquiring and maintaining all equipment, services and software necessary to access the Aether Portal.

Intellectual Property

  1. The Entrant grants to Aether a worldwide, exclusive, royalty free, non-transferable licence to use the Label on its products, merchandise, branding and advertising material (including but not limited to printed material, signage, and on social media) for a period of twenty-four (24) months from the time of prize award.
  2. If after the Licence Period, Aether still wishes to use the Label, the entrant agrees to enter into a royalty style licence agreement on reasonable commercial terms.
  3. Subject to the licence granted in clause 34, Aether acknowledges that the Entrant will retain ownership of its intellectual property rights in the Label.
  4. The Entrant represents and warrants to Aether that the Entrant:
  • has the legal capacity and authority to enter into these Terms;
  • owns all intellectual property rights in the Label; and
  • use of the Label by Aether will not breach any third party’s intellectual property rights, including but not limited to copyright.
  1. The Entrant indemnifies Aether against all actions, claims, suits, liabilities, costs, expenses or demands arising out of or connected with:
  • any breach of the Terms by the Entrant;
  • use of the Aether Portal by persons other than the Entrant using the Entrant’s issued user-id or password; or
  • any conduct which is negligent or infringes the rights of any third party.

General

  1. The Entrant must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
  2. If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
  3. Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.
  4. These Terms are governed by the laws of Queensland, Australia and each party submits to the jurisdiction of the courts of Queensland, Australia.