TERMS & CONDITIONS Schedule to Terms & Conditions of Participation

Schedule to Terms & Conditions of Participation

• Activity name:  Lick Pier ‘Greetings from Lick Pier’ (“The Activity”)
• Eligible States/Territories:  Online
• Activity period:  Start:  01/09/2021 End: 30/11/2021 OR At the discretion of the Promoter
• Website address:  e9thbrewing.com/promos
• Eligible participants:  Entry to the activity is open to East 9^th Brewing (@east9thbrewing) Instagram followers that are 21 years of age or older.

Method of partaking:  To participate in The Activity, an eligible consumer uploads and shares a photo of themselves ‘in holiday mode’- ie the ‘beach towel challenge’ to Instagram and/or Facebook.  The participant must be a follower of @east9thbrewing, tag ‘#GreetingsFromLickPier’, and also tag a friend that they’d like to take on their next tropical adventure.  To be valid, the entrant profile must be viewable by all social platform users (ie- must not have ‘private profiles’).  The promoter does not encourage, nor condone the breaching of any COVID-19 restrictions.  Any prizes distributed by the promoter will be done so at after the completion of the activity period when COVID-19 restrictions allow. Participants must act within the spirit of the activity, and any ‘posts’ shared must be tasteful, lawful and without malice (including but not limited to being not defamatory, not sexist, not racist, etc).  The promoter reserves the right to use posted photos/images/quotes for promotional, full commercial, or other use (without divulging any of the confessor’s personal details) in perpetuity. The Promoter’s decisions are final and no correspondence will be entered into.    Information on how to enter form part of these terms & conditions (Terms of entry or Terms). The Terms must be read in conjunction with the Schedule. The Schedule defines the terminology used in these Terms of entry. Where there is any inconsistency between these Terms and the Schedule, the Schedule prevails.  Participation in The Activity is deemed acceptance of these

Terms of entry.

1. Information on how to enter form part of these terms & conditions (Terms of entry or Terms). The Terms must be read in conjunction with the Schedule. The Schedule defines the terminology used in these Terms of entry. Where there is any inconsistency between these Terms and the Schedule, the Schedule prevails.  Participation in The Activity is deemed acceptance of these Terms of entry.
2. Entry is open only to legal residents of Australia who satisfy the eligibility criteria. 
3. The Activity will be conducted during the Promotion period.
4. The entrants must follow the Method of partaking during the activity period to enter the Activity. Failure to do so will result in an invalid entry. The Promoter will not advise an entrant if their post is deemed invalid, or if their post will be reused for promotional use.
5. The Promoter accepts no responsibility for the operation or cancellation of the Activity whether due to omission, error, alteration, tampering, deletion, theft, destruction, and/or the disruption to any individual, network or medium, or otherwise for any reason. The Promoter is not liable for any consequences of participant error including (without limitation) costs incurred. No correspondence will be entered into.
6. To the greatest extent permitted by law, the Promoter excludes all warranties, representations or guarantees (Warranties) regarding the Activity, including any Warranties which may have been made in the course of advertising or promoting the Activity. The conduct of the Activity may involve third parties, and the Promoter makes no Warranties and disclaims all liability in connection with any such third parties, their acts or omissions. By entering the Activity, an entrant releases and indemnifies the Promoter 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 the Promoter or that the Promoter 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 Activity, except for any liability which cannot be excluded by law or which would cause any part of this clause to be void or unenforceable. 
7. If despite the foregoing clause, the Promoter incurs a liability to an entrant under any law which implies a Warranty into these Terms of entry which cannot legally be excluded, the Promoter’s liability in respect of the Promotion is limited, in the Promoter’s discretion, to either resupplying such goods or services as form part of The Activity, or paying the cost of resupplying those goods or services.
8. Without limiting any of the foregoing, in no circumstances will the Promoter have any liability 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. 
9. The Promoter may in its absolute discretion not accept a particular entry, may disqualify an entry, or cancel the entire Promotion at any time without giving reasons and without liability to any entrants. Verification is at the discretion of the Promoter, whose decision is final. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
10. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability (or that of a third party involved with the Activity) to proceed with the Activity on the dates and in the manner described in these Terms of entry, including but not limited to vandalism, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter’s obligations in respect of the Activity will be suspended for the duration of the event and, in addition, the Promoter may in its absolute discretion cancel the promotion. 
11. All entries become the property of the Promoter. As a condition of entering into this Promotion, entrants agree to assign all their rights in and to their entry and any related content to the Promoter, including any copyright or other intellectual property rights in the entry and related content, including the photo/image. Without limiting this, the Promoter may use entry content for any and all purposes including commercial purposes and the entrant is not entitled to any compensation or remuneration for such use by the Promoter. You warrant that your entry content is original, lawful and not misleading and that the Promoter’s use of such content will not infringe the rights of any third parties. The entrant agrees to indemnify the Promoter against all claims and costs by third parties arising from a breach of the warranty set out in this condition. The Promoter has no obligation to credit you as the author of any content or confession submitted and may otherwise do any acts or omissions which would otherwise constitute an infringement of any moral rights you may have as an author of content.
12. The collection and disclosure of personal information provided in connection with this promotion will be handled in accordance with the Promoter’s Privacy statement which adheres to the Privacy Act 1988 and Australian Privacy Principles.
13. The Promotion and these Terms of entry will be governed by the law of the State of Victoria. Entrants accept the exclusive jurisdiction of courts and tribunals of Victoria in connection with disputes concerning the Promotion.
14. Facebook, YouTube, Google, Instagram amongst other platforms may be used to advertise or promote the Activity. By entering the Activity, entrants agree that the Activity is in no way sponsored, endorsed or administered by, or associated with Facebook, YouTube, or Instagram; and to release Facebook, YouTube, or Instagram from all liability in relation to this Promotion.