Kraken Competition Terms & Conditions

“Kraken Ceramic” PROMOTION

TERMS AND CONDITIONS

1.     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.

2.     Competition open to all Sydney residents aged 18+. By entering, entrant agrees to receive offers and promotions from The Urban List.

3.     Employees (and their immediate family and/or those living in the same household) of the Promoter, Kraken Spiced Rum and The Urban List and their respective affiliates, subsidiaries, agencies and suppliers 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.

4.     The promotion commences Friday 17th November 2017 and ends at 11.59pm on Thursday 30th November 2017 (“Promotional Period”).

5.     To enter, individuals must complete the following step during the Promotional Period:

Post their most iconic black & white moment on Instagram using the hashtag #krakenceramic & tagging @urbanlistsyd @krakenrumau

6.     Incomplete or indecipherable entries will be deemed invalid.

7.     The winner selection will take place at Urban List Pty Ltd, Studio 41, 8 Hill Street, Surry Hills NSW 2010 on Friday 1st December 2017 commencing at 11.00am.  

8.     Ten (10) entries will be selected for the prize. The judge may select additional reserve entry, in case of an invalid entry or ineligible entrant.

9.     Entry criteria:

The entrant must post their most iconic black & white moment as a static image or GIF on Instagram using the #krakenceramic in the post copy and tagging @urbanlistsyd @krakenrumau

10.  Winners will be selected at The Urban List discretion based on image selection, The Urban List is looking for creativity and brand understanding. This is a game of skill and the Promoter’s decision is final and no correspondence will be entered into.

11.  Prize: Five (5) winners, will each win the below prize:

  • 2 x Kraken Limited Edition Ceramic Black Spiced Rum 700ml (Valued at $89.95 each)
  • 1x A3 Kraken limited Edition artwork by either Beastman, Mulga or Shannon Crees, at the election of The Urban List (Valued up to $3,000 each)

Total prize pool redeemed is valued up to $31,000

13.  The winners will be notified via Instagram on Friday 1st December by 5:30pm Sydney time. The winner’s must acknowledge acceptance of and claim their prize by replying to the Instagram message with their e-mail address and phone number. This must be received by The Urban List Sydney no later than 12.00pm on Monday 18th December 2017.

14.  If for any reason a winner does not acknowledge accept of and claim their prize by the date specified, the prize will be forfeited and a new winner will be selected.

15.  The Urban List shall have no liability for a winner's failure to receive notices due to winner’s spam, junk email or other security settings or for a winner’s provision of incorrect or otherwise non-functioning contact information.

16.  The Promoter, Kraken spiced rum and The Urban List reserve the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence).

17.  The Promoter 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 the 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.

18.  If there is a dispute as to the identity of an entrant, the Promoter and Kraken spiced rum reserve the right, in their sole discretion, to determine the identity of the entrant.

19.  If a winner of a prize is found to be under the age of 18 years, the prize will be forfeited by that entrant, and the next best entry will be awarded.

20.  Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.

22.  As a condition of entering this promotion, each entrant licenses and grants the Promoter and Kraken, 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  9Cntent)) 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 agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.

23.  As a condition of accepting a prize, each winner must sign any legal documentation in the form required by the Promoter, Kraken and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.

24.  Entrants consent to the Promoter and Kraken 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 or Kraken.  Entrants also consent to being contacted by the Promoter and/or Kraken to discuss the possibility of further promotional activity on social media pertaining to this promotion (including photograph, film and/or recording of the same)

26.  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 and/or Kraken, 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) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.

27.  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.

28.  Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and Kraken (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) taking/use of and/or participation in a prize.

29.  The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such 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 providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use this information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct personal information to the Promoter. The Promoters Privacy Policy is available at https://www.theurbanlist.com/sydney/privacy

30.  All entries become the property of the Promoter.

31.  The Promoter encourages consumers to enjoy alcohol 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/publications/synopses/ds10syn.htm.

32.  The Promoter is Urban List Pty Ltd (ABN 56 349 266 482), Studio 41, 8 Hill Street, Surry Hills, NSW 2010