TERMS AND CONDITIONS
“Brewmanity Hour”: Terms & Conditions of Participation
- 1 LEGAL AGREEMENT
- 1 These Terms and Conditions are a legal agreement between you and Brewmanity Pty Ltd ACN 607 631 372 (“We” or “Us” or “Our”).
- 2 You agree and accept that you are bound by these Terms and Conditions.
- 2 BREWMANITY HOUR
- 1 Brewmanity Hour is an event intended to encourage hoteliers and other licensees of licenced premises in Victoria (and their patrons) to participate in fund-raising for charities and other good causes.
- 2 Brewmanity Hour is scheduled to take place between 6:00 pm and 8:00 pm AEST on Friday, 23 October 2015.
- 3 We reserve the right to re-schedule or cancel Brewmanity Hour if we consider it necessary or desirable.
- 3 LIQUOR LICENCE, ETC YOU WARRANT AND REPRESENT TO US THAT:
- 1 you have the legal capacity to enter into these Terms and Conditions;
- 2 you hold a liquor licence for premises situated in Victoria that permits you to supply liquor on those licensed premises to members of the general public;
- 3 you will comply with all laws and VCGLR requirements relevant to Brewmanity Hour, including those regarding the Responsible Service of Alcohol; and
- 4 all information which you provide to us in order for you to register for and participate in Brewmanity Hour is true and correct.
- 4 PARTICIPATION YOU AGREE TO:
- 1 register as a participant in Brewmanity Hour on our Website and pay the
registration fee of either
- a) $30.00 (plus GST) at the time of registration; and purchase at least two (2) 50 litre kegs of “Brewmanity Pale Ale 141” from Australian Liquor Marketers for sale during Brewmanity Hour and pay for those kegs under the terms and conditions set by ALM;
- b) $500 (plus GST) at the time of registration and receive 2 kegs of ‘Brewmanity Pale Ale 141’ directly from Brewmanity
- 2 select either:
- (a) the Cure For MND Foundation; or
- (b) another charity/cause which is listed under the “shoutforgood.com” link on our Website, as the charity/cause to which any funds raised at your licensed premises during or relating to Brewmanity Hour are to be donated;
- 3 promote Brewmanity Hour (and donation to your selected charity/cause) to your patrons at your licensed premises both before and during Brewmanity Hour;
- 4 serve “Brewmanity Pale Ale 141” on at least one (1) tap at your licensed premises during Brewmanity Hour; and
- 5 ensure that all funds raised at your licensed premises relating to Brewmanity Hour are donated (and also donate at least $1.00 personally) via the “shoutforgood.com” link on our Website to the Cure For MND Foundation or other charity/clause within seven (7) days after the end of Brewmanity Hour. [NB. The donation of at least $1.00 personally is required in order to help track each participant’s compliance with its promises. It is hoped that each participant will choose to donate more than this minimal amount].
- 1 register as a participant in Brewmanity Hour on our Website and pay the registration fee of either
- 5 PROMOTIONAL MATERIALS:
We shall provide you with our marketing pack (including a Brewmanity Hour poster and decals for the kegs) and also promote your participation on our Website.
- 6 BAR STAFF INCENTIVE PRIZES
- 1 We are offering three (3) prizes, each prize being of dinner for eight (8) people at a premier Melbourne restaurant – up to a total value of $1,000.00 (including GST) per prize.
- 2 The prizes will be awarded to the licensees of the three (3) licensed premises which donate the largest amounts via the “shoutforgood.com” link on our
WEBSITE AS PART OF PARTICIPATING IN BREWMANITY HOUR, ON THE FOLLOWING BASIS:
- (a) A prize will be awarded to the small premises (being a licensed premises with a “red-line” floor area of 300 square metres or less) which donates the largest amount of all participating small premises;
- (b) A prize will be awarded to the large premises (being a licensed premises with a “red-line” floor area of more than 300 square metres) which donates the largest amount of all participating large premises; and
- (c) A prize will be awarded to the regional premises (being a licenced premises in Regional Victoria) which donates the largest amount of all participating regional premises.
- 3 A licensee may only be awarded one of the prizes. Hence, if a licensee is awarded a prize under clause 6.2(a) or (b) it is ineligible for a prize under clause 6.2(c) – which shall instead be awarded to next largest eligible regional premises.
- 4 If you are awarded one of the prizes, then you must use your best endeavours to ensure that the bar staff who worked at your licenced premises during Brewmanity Hour are the invitees to the dinner.
- 5 The prizes do not include any costs of travel or accommodation or any other expenses related to the dinner.
- 6 Our determination as to which participants are to be awarded the prizes is final and no correspondence will be entered into regarding our determination.
- 7 DONATIONS
- 1 The funds raised at your licensed premises must be donate using a credit card or PayPal account via the “shoutforgood.com” link on our Website.
- 2 Brewmanity will not be receiving the donations itself (and will not be issuing receipts for any donations made) – as the donations are to be made via the “shoutforgood.com” link on our Website.
- 3 Brewmanity makes no representation or warranty that: (a) any of the charities/causes available for selection by you are deductible gift recipients; (b) any donations will be tax deductible; or (c) any use of the “shoutforgood.com” link will result in the donations being received by the charity/cause selected by you; or (d) any charity/cause to which funds are donated will use those funds appropriately.
- 4 Any use by you of the shoutforgood.com link will also be subject to the terms and conditions of use of shoutforgood.com.
- 8 INTELLECTUAL PROPERTY
- 1 We hold the registered trademark and business name “Brewmanity” and the domain name “brewmanity.com.au.”
2 We hold copyright over the words “Brewmanity” and “Brewmanity Hour” and all domain names, text, logos, images and other content of our Website and any promotional materials provide to you under these Terms and Conditions (except for the name and other copyright material of shoutforgood.com or of the charities/causes listed under the shoutforgood.com link).
3 You may only use our trademark, logo and words “Brewmanity” and “Brewmanity Hour” for the purposes of promoting Brewmanity Hour at your licensed premises.
4 Except as provided for in clause 8.3, you may not use our trademarks, service marks, copyright materials or other intellectual property owned by us without our prior written consent.
- 9 DISCLAIMER & LIMITATION OF LIABILITY
- 1 To the maximum extent permitted by law, we exclude all representations, warranties and implied terms regarding the conduct of Brewmanity Hour including relating to the performance of our Website, the supply of Brewmanity Pale Ale to you, the supply of promotional materials and support to you, and the performance of shoutforgood.com or of the charities/causes listed under the shoutforgood.com link. In particular, but without limitation, we exclude all representations, warranties and implied terms regarding the worthiness of any of the charities/causes listed under the shoutforgood.com link or how they may use any funds donated to them.
- 2 To the maximum extent permitted by law, we (and our officers, employees, agents and contractors) shall not be liable for any loss or damage (whether direct or indirect or consequential or economic) which may be suffered by you or any other person arising from or relating to your participation in Brewmanity Hour including, without limitation, in relation to the supply of Brewmanity Pale Ale, the use of our Website, and the making of donations to the charities/causes listed under the shoutforgood.com link. Where liability cannot be excluded, any liability incurred by us in relation to your participation in Brewmanity Hour is limited to the maximum extent permitted under the Competition and Consumer Act 2010.
- 3 Without derogating from the exclusions and limitations in clause 9.1 or 9.2, we shall not be liable to you for any damage or loss caused by any failure by us carry out our obligations under these Terms and Conditions which is due to force majeure.
- 10 INDEMNITY YOU AGREE TO INDEMNIFY US AGAINST ANY LOSS OR DAMAGE ( WHETHER DIRECT OR INDIRECT CONSEQUENTIAL OR ECONOMIC) which we may suffer as a result of your breach of these Terms and Conditions or of any other legal obligation of you or act or omission by you in relation to your participation in Brewmanity Hour.
- 11 PAYMENT TERMS
- 1 Unless otherwise stated, all prices are quoted exclusive of GST. GST will be charged on all taxable supplies made by us to you.
- 2 Unless otherwise stated, all prices quoted exclude delivery and handling charges and any other sundry costs and disbursements reasonably incurred by us. These costs will be charged in addition to the quoted prices.
- 3 Interest will be charged by us on all overdue monies at the rate of 15% per annum, calculated daily.
- 12 YOUR DATA
We will not be liable to you for any damage to or loss of any data supplied by you to us on any electronic, magnetic or machine readable form of storage or data.
- 13 ENTIRE AGREEMENT
The parties agree that these Terms and Conditions constitute the entire agreement between the parties. The parties acknowledge that they have not relied on any representations outside of these Terms and Conditions.
- 14 CONFIDENTIALITY
You must not disclose to any third parties any ideas, systems or processes communicated or made available by us to you in confidence.
- 15 PERSONAL NATURE
These terms and conditions are personal to you and you cannot delegate or assign any of your rights or obligations under these Terms and Conditions to anyone else without our prior written consent.
- 16 GOVERNING LAW
These Terms and Conditions must be interpreted so that it complies with all laws applicable in the State of Victoria. If any term or condition does not comply with any law, then that term or condition must be read down so as to give it as much effect as possible. If it is not possible to give the term or condition any effect at all, then it must be severed from the rest of these Terms and Conditions.
- 17 YOUR INFORMATION
You agree that we may retain, process and use information collected from you for the purposes of undertaking Brewmanity Hour.
- 18 DEFINITIONS & INTERPRETATION
- Unless the context indicates otherwise:
- 1 “Brewmanity Hour” means the event described in clause 2.
- 2 “GST” has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999.
- 3 “force majeure” means an act of God, war or terrorism, lightning, fire, earthquake, storm, flood, explosion, unavailability or delay in availability of equipment, raw materials or transport, labour dispute or strike, political or civil disturbances or any other cause directly and indirectly outside of our control.
- 4 “including” and similar expressions are not words of limitation;
- 5 “shoutforgood” means Shout for Good Pty Ltd;
- 6 “shoutforgood” link means the link or widget or other connection on our Website to the donation platform at shoutforgood.com;
- 7 “Regional Victoria” means those parts of the State of Victoria which are not within “Metropolitan Melbourne” (as Metropolitan Melbourne is shown on the liveinvictoria.vic.gov.au website).
- 8 “Terms and Conditions” means these terms and conditions as amended from time to time read together with any invoice or other document provided by us to you.
- 9 “VCGLR” means the Victorian Commission for Gaming and Liquor Regulation.
- 10 “we” or “us” means Brewmanity Pty Ltd ACN 607 631 372 c/- 15A Hancock Street, Southbank, Victoria 3006 “our” has a corresponding meaning.
- 11 “Website” means our website at brewmanity.com.au.
For further information, about any of the information in this statement, please contact our management at the email address [email protected]