Terms and Conditions
General
1. “The Promoter” is The Coffee Club Franchising Company Pty Ltd ACN 128 563 333 trading as “The Coffee Club” of Level 13, 199 Grey Street, South Bank QLD 4101.
2. “Penrith Panthers” is the Penrith Panthers operated by National Rugby League Limited on behalf of Queensland Rugby League, New South Wales Rugby League, Country Rugby League of New South Wales, NRL Clubs and each of their respective associated, related entities and subsidiaries.
3. By entering this competition, you agree and are automatically deemed to have read, understood, and accepted these terms and conditions (terms).
4. If there is any inconsistency between these terms and anything else that refers to this competition, these terms will prevail.
Who Can Enter
5. Entry is open to all Australian residents over the age of 18 years, except employees and immediate families of the Promoter and Penrith Panthers and their associated companies and agencies. Immediate family includes but is not limited to; spouse, child or step-child (whether natural or by adoption), parent, step parent, grandparent, sibling, uncle, aunt, niece, nephew.
6. The Promoter reserves the right to request winners to provide proof of identity, proof of residency at the nominated prize delivery address and/or proof of entry validity or proof of registration ownership to claim a prize.
7. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. In the event a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.
When to Enter
8. The competition commences at 12:00AM (AEST) on Friday, 8 August 2024 and entries will close at 10:00AM AEST on Tuesday, 13 August 2024 (“Promotional Period”).
9. The competition is only available at The Coffee Club Nepean River and The Coffee Club Cranebrook (“Participating Stores”), for the Promotional Period.
10. Entries must be received by the Promoter and/or Penrith Panthers prior to the competition close date and time. The time of entry will in each case be the time the online entry is received by the Promoter’s and/or Penrith Panther’s database, not at the time of transmission by the entrant.
11. The Promoter accepts no responsibility for any late, lost, or misdirected entries due to technical disruptions, network congestion or for any other reason.
How to Enter
12. The selection of finalists is a game of change, where entrants are required to complete and submit an entry form online.
13. A person must not submit more than one entry.
14. Access to the entry form:
a. will be provided in-store at the Participating Stores during the Promotional Period, on advertising material (i.e: flyer or poster or sign) containing a QR code. Entrants will be directed to the Penrith Panthers website, and be required to provide their name, email address, telephone number and postcode to enter the competition; and
b. is subject to entrants first having The Coffee Club application (“App”) installed on their mobile phone or other suitable device and having an App account.
15. The cost of accessing the Penrith Panthers website will be dependent on the entrant’s individual internet service provider.
16. Entrants are required to take full responsibility for the content of their entry and for ensuring that their entry complies with these terms.
17. Any entry that is made on behalf of an entrant by a third party will be invalid, unless the entrant requires the assistance of a third party to enter due to a disability.
18. The Promoter reserves the right to disqualify any entrant who:
a. tampers with the entry process (including but not limited to entrants and households who use multiple email addresses or third-party software or applications);
b. submits an entry that is not in accordance with these terms; or
c. in the opinion of Promoter, engaged in conduct, which is fraudulent, misleading, deceptive, or generally damaging to the goodwill or reputation of the promotion and/or Promoter.
Finalists
19. At the end of the Promotional Period, all valid entries will go into a random generator operated by the Penrith Panthers, located at 123 Mulgoa Road, Penrith in the State of New South Wales.
20. Five (5) finalists will be drawn at random through the random generator after 10:00AM AEST on Tuesday, 13 August 2024 (Finalists). Penrith Panthers will notify the Finalists by way of a telephone call to the Finalists’ telephone numbers nominated on their entry form, by 5:00PM AEST on Tuesday, 13 August 2024.
21. To participate in the competition, the Finalists must attend in person, and gain entry to, the National Rugby League game held between the Penrith Panthers and the Melbourne Storm at the BlueBet Stadium at Mulgoa Road and Ransley Street, Penrith in the State of New South Wales on Thursday, 15 August 2024 from 8:00PM AEST (Game). If the Finalists are not members of the Penrith Panthers, the Penrith Panthers will provide the Finalist with one (1) complimentary general admission ticket to the Game, which must be used by the Finalist and cannot be used for any third party to gain entry to the Game.
22. The prize winner will be selected during, and at, the Game as follows:
a. when half-time for the Game is called within the discretion of the Penrith Panthers, the Penrith Panthers, and/or their elected representative, will call the Finalists to the Game’s field;
b. the Penrith Panthers, and/or their elected representative, will provide each present Finalist with two (2) bottles, of equal size and weight, and direct each present Finalist to run up the directed length of the Game’s field while each carrying two (2) bottles, against a light emitting diode (LED); and
c. the present Finalist who completes [20(b)] above in the quickest time, within the Penrith Panther’s and/or their elected representative’s sole discretion, will win the competition and the prize (Winner).
23. Entrants acknowledge and agree that:
a. the individual that made the valid entry, and is selected as a Finalist, must personally participate in the competition at [22] above;
b. their ability to compete in the competition, if selected as Finalists in accordance with these terms, may be subject to the Finalists consenting to any further terms and conditions required by the Penrith Panthers;
c. if they are selected as Finalists in accordance with these terms, they forfeit their ability to compete in the competition if they:
i. do not, or cannot, gain entry to the Game; and/or
ii. do not present at the Game’s field in accordance with [22] above, for any reason whatsoever.
24. The identity of the Winner may be published on www.coffeeclub.com.au and/or the Penrith Panther’s website. Any advertisement of the Winner’s identity will be in accordance with the relevant State or Territory regulations or legislation.
25. The prize will be awarded to the individual that made the valid entry, in accordance with [20] above. The selection of the Winner, in accordance with [22(c)] above is final and binding. No correspondence will be entered into regarding the competition result, or any other decisions the Promoter may make in connection with the promotion.
26. Delivery of the prize will be made within 28 days [SN1] of the Winner being selected in accordance with [20(c)] above.
The Prize
27. The Winner will win one (1) Free Small Coffee every day for a year (365 days) valued up to $1,679.00[SN2] (the “Prize”).
28. The Prize will be made available through electronic coupons and/or vouchers accessible through the Winner’s App account (the “Account”). Each day a complimentary small coffee voucher (excluding syrups, upgrades and/or add-ons) will be loaded onto the Account (the “Voucher”). Each Voucher will only be valid and redeemable for 24 hours and may be redeemed by the Winner at any of the Participating Stores by presenting it at the time of payment.
29. The Prize cannot be transferred, resold, exchanged, or redeemed for cash.
30. It may be a condition of accepting the Prize that the Winner sign a legal release in a form determined by the Promoter in its absolute discretion.
31. All entrants agree that if they win the Prize, they will:
a. not sell or otherwise provide their story and/or photographs to any media or other organization, without the prior written consent of the Promoter;
b. comply with all the conditions of use of the Prize and Prize supplier’s requirements, if any;
c. receive and take the Prize on an “as is” basis, without warranty of any kind, express or implied (including but not limited to without any implied warranty of merchantability or fitness for a particular purpose); and
d. be liable for all costs associated with the use of the Prize, including but not limited to flights, transport, parking, insurance, transfers, spending money and accommodation, if applicable.
32. Each Prize must be taken as stated and no compensation will be payable if a Winner is unable to use the Prize as stated.
33. If the Prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the Prize for a prize of equal or greater value, subject to State or Territory legislation.
Entrant’s Warranties
34. By partaking in this promotion and competition, the entrant:
a. consents to the collection, use and or disclosure of information provided by it for internal research, and current and future promotional, advertising and marketing activities of the Promoter, its associates and its prize sponsors, whether in Australia or overseas;
b. agrees for the Promoter and its associates to contact them and send and/or provide information via telephone, mail, in person, email, SMS and any other form of communication medium;
e. consents to and authorizes the use of their name and image in any publicity material as determined by the Promoter at its sole discretion and/or as may be required by the relevant lottery and/or gaming legislation;
f. consent to their entry becoming the property of the Promoter and/or the Penrith Panthers pursuant to the Copyright Act 1968 (Cth) or otherwise; and
g. acknowledges and agrees that the Promoter is entitled to do any of the abovementioned acts without compensation or fee, and that such consent is enduring.
Further Conditions and Liability
35. Subject to complying with all relevant State and Territory legislation, the Promoter reserves the right to amend, cancel or suspend this competition, including but not limited to circumstances where:
a. an outside act, agent or event prevents or significantly hinders the Promoter’s ability to proceed with the competition, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, pandemic, war, act of terrorism;
b. the competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or technical failures which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion.
36. The Winner acknowledges and agrees that the Promoter is not responsible or liable for:
a. the unavailability or inaccessibility of any service whether or not caused by traffic congestion on the Internet or at any website;
b. unauthorised human intervention in any part of the competition;
c. electronic or human error which may occur in the administration of the competition;
d. any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
e. any theft, unauthorised access or third party interference;
f. 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;
g. any variation in prize value to that stated in these terms;
h. any delay, cancellation, postponement or attendance of a Prize, if applicable; and
i. any tax liability incurred by a Winner or entrant.
37. These conditions do not affect, and are not intended to affect, any rights a consumer might have, which cannot be excluded under applicable consumer protection laws. To the fullest extent permitted by law, any liability of the Promoter or its servant or agents for breach of any such rights is limited to the payment of the cost of having the prize supplied again.
38. The Promoter does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth) or any other relevant legislation which cannot be excluded, restricted, or modified.
39. Notwithstanding [38] above, to the fullest extent permitted by law, the Promoter will not be liable for any loss or damage whatsoever which is suffered, including but not limited to direct, indirect or consequential loss, or for any personal injury suffered or sustained in connection with the Prize, promotion or competition except for any liability which cannot be excluded by law.
40. Each entrant shall indemnify the Promoter (and their respective directors, officers, employees and agents (each an “indemnified person”) for any loss, liability, cost, damage or expense suffered or incurred by any indemnified person as a result of:
a. the entrant breaching any of these terms;
b. a warranty given by the entrant proving to be untrue; or
c. any personal injury arising from or related to any wrongful or negligent act or omission by the entrant in connection with this competition.
Privacy
41. The Promoter may collect personal information about the entrant for the purposes of conducting this promotion. Any disclosure of such information will be made as required by law and in accordance with The Coffee Club’s Privacy Policy available at www.coffeeclub.com.au.
42. Entrants acknowledge and agree that any collection of their personal information by the Penrith Panthers is in accordance with the Penrith Panther’s Privacy Policy available at https://www.penrithpanthers.com.au/privacy-policy.
43. All entries will be entered into a database and the Promoter and/or Penrith Panthers may use the entrant’s names and email address for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid unless otherwise advised by the entrant.
44. By entering this competition, entrants confirm that they allow their details to be used for this purpose. If entrants no longer consent to their details being used for future marketing purposes, the entrant should contact the Promoter and the Penrith Panthers on their details set out on its website www.coffeeclub.com.au and www.penrithpanthers.com.au. Any request to update, modify or delete the entrant’s details should be directed to the Penrith Panthers.
General
45. The Promoter’s decisions in respect of all matters to do with the competition will be final and no correspondence will be entered.
46. To the extent it is legally possible, this agreement is governed by the laws of Queensland, Australia, and the parties submit to the jurisdiction of the courts of Queensland, Australia.
