Aperol Australian Open Competition Terms & 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. Entry is only open to Sydney, Melbourne, Brisbane and Perth metropolitan residents aged 18 years or over.
3. Employees (and their immediate family and/or those living in the same household) of the Promoter and Campari Australia Pty Ltd 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 at time AEDST on Friday 16 December 2016 and ends at 11.59pm AEDST on Monday 9 January 2017 (“Promotional Period”).
5. To enter, individuals must complete the following steps during the Promotional Period:
Take an original and creative photograph representing the theme ‘Summer Moment with Aperol Spritz’. The photo must include an Aperol Spritz.
Upload the photograph to the entrant’s personal Instagram page and include the hashtags #AperolSpritzSummer and #TULAperolSpritz and the tag @aperolspritzau in the caption
6. All persons depicted in photographs must be 18 years or over. Entrants must seek prior permission from any individual(s) depicted in photographs.
7. 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. However, each entrant can only win once.
8. Incomplete or indecipherable entries will be deemed invalid.
9. The judging will take place at Urban List Pty Ltd, Studio 41, 8 Hill Street, Surry Hills NSW 2010 on Tuesday 10 January 2017 commencing at 10.00am AEDST.
10. Two (2) winning entries will be selected for the Major Prizes. 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.
11. Major Prizes: The two (2) best valid entries, as determined by the judges, will win the Major Prizes. The Major Prizes are:
First Major Prize
2 x tickets to the Australian Open Men’s final being held on Sunday 29 January 2017 at Rod Laver Arena - Melbourne Park, Olympic Boulevard, Melbourne, Victoria 3001
1 x $2,000 Flight Centre Voucher (to be used towards flights and accommodation to attend the 2017 Australian Open in Melbourne, Victoria)
1 x $100 pre-paid voucher for food and beverages redeemable only at Club Aperol at Garden Square, Melbourne Park Melbourne, Victoria 3001, during the 2017 Australian Open
Second Major Prize
2 x tickets to the Australian Open Women’s final being held on Saturday 28 January 2017 at Rod Laver Arena, Melbourne Park, Melbourne
1 x $2,000 Flight Centre Voucher (to be used towards flights and accommodation to attend the 2017 Australian Open in Melbourne, Victoria)
1 x $100 pre-paid voucher for food and beverages redeemable only at Club Aperol at Garden Square, Melbourne Park, Melbourne, Victoria, during the 2017 Australian Open
The Major Prizes are valued up to $2,800 each. Total prize pool valued up to $5,600.
12. Note: winners will be required to arrange their own flights and accommodation to attend the 2017 Australian Open.
13. Additional costs such as transfers to and from airport departure points, transfers to and from accommodation to Australian Open venue, insurance, items of a personal nature, additional spending money and all other ancillary costs are not included.
14. The prize must be taken on the dates nominated. If, for any reason a winner does not take their prize (or an element of their prize) on the nominated dates, then the prize (or that element of the prize) will be forfeited.
15. The Promoter reserves the right to provide a substitute prize of the same value in the event that the original prize cannot be honoured, or at the sole discretion of The Promoter.
16. The winner’s will be notified on Instagram by commenting on their entry post to advise they have won, on 10th January 2016. The winner’s must acknowledge acceptance of and claim their prize by direct messaging The Urban List Sydney via Instagram (https://www.instagram.com/urbanlistsyd/) and provide his/her email address and mobile number. This must be received by The Urban List Sydney no later than 12.00pm AEDST on Friday 13 January 2017.
17. If for any reason a winner does not acknowledge accept of and claim their prize by 12.00pm AEDST on Friday 13 January 2017, the prize will be forfeited.
18. 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.
19. The winner’s contact details will be provided to Campari Australia Pty Ltd who will liaise directly with the winners to arrange collection of their prize.
20. This is a game of skill and chance plays no part in determining the winners. Each entry will be individually judged based on the originality and creative merit of the Content submitted, and how well the Content characterises the theme of the promotion. Men's and women's final tickets will be allocated at our discretion.
21. The Promoter’s decision is final and no correspondence will be entered into.
22. The Promoter and Campari Australia Pty Ltd reserve the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence).
23. 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.
24. If there is a dispute as to the identity of an entrant, the Promoter and Campari Australia Pty Ltd reserve the right, in their sole discretion, to determine the identity of the entrant.
25. If a winner of a prize is under the age of 18 years, the prize will be forfeited by that entrant, and the next best entry will be awarded.
26. Entrants warrant to the Promoter that each entry and any other Content submitted in their entry is an original creative work of the entrant that does not infringe the rights of any third party. All Content must comply with and is subject to the provisions contained in Clause 29. Entries that contain prohibited or inappropriate content, or are otherwise in breach of these Terms and Conditions will not be eligible to win.
27. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
28. Entrants agree that they are fully responsible for the Content they submit. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove any Content without notice for any reason whatsoever.
29. Entrants warrant and agree that: (a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter and/or Campari Australia Pty Ltd 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 or depicts or encourages underage or excessive consumption of alcohol or otherwise unsuitable for publication; (b) they will obtain prior consent from any person or property that appears in their Content; (c) they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein; (d) their Content shall not contain viruses or cause injury or harm to any person or entity; and (e) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity, alcohol marketing and the access or use of others' computer or communication systems.
Without limiting any other terms herein, the entrant agrees to indemnify the Promoter and/or Campari Australia Pty Ltd for any breach of the above terms.
30. In the event of war, terrorism, state of emergency or disaster, the Promoter and/or Campari Australia Pty Ltd reserve the right to cancel, terminate, modify or suspend the promotion, or suspend or modify a prize.
31. As a condition of entering this promotion, each entrant licenses and grants the Promoter and Campari Australia Pty Ltd, 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 agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights
32. As a condition of accepting a prize, each winner must sign any legal documentation in the form required by the Promoter, Campari Australia Pty Ltd and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
33. Entrants consent to the Promoter and Campari Australia Pty Ltd 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 Campari Australia Pty Ltd. Entrants also consent to being contacted by the Promoter and/or Campari Australia Pty Ltd to discuss the possibility of further promotional activity on social media pertaining to this promotion (including photograph, film and/or recording of the same)
34. Entrants agree to have their email address added to The Urban List and Campari Australia’s email lists.
35. 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 Campari Australia Pty Ltd, 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.
36. Any cost associated with accessing an Instagram account is the entrant’s responsibility.
37. 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.
38. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and Campari Australia Pty Ltd (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.
40. This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. Entrants understand that they are providing their information to the Promoter and Campari Australia Pty Ltd, and not to 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 Instagram. 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 the prize), except for any liability which cannot be excluded by law.
42. All entries become the property of the Promoter.
43. 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.
44. This promotion is governed by the laws of New South Wales and all parties submit to the exclusive jurisdiction of the courts in New South Wales.
45. The Promoter is Urban List Pty Ltd (ABN 56 349 266 482), Studio 41, 8 Hill Street, Surry Hills, NSW 2010, telephone (07) 3252 7515.