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Beforeyouspeak Coffee ‘Win Your Way To The 2025 Sydney Marathon’ Giveaway
Competition Terms & Conditions
Entries Close: 11:59pm 18/12/2024 AEST.
No further entries to the competition will be permitted outside of this period.
Entry Mechanism: Entry to this competition is via digital entry form submission at https://beforeyouspeakcoffee.com/pages/giveaway before the giveaway closure period of 11:59pm 18/12/2024 AEST. By submitting the digital entry form during this period, an entrant is indicating his/her/their agreement to be bound by these terms and conditions. Each unique email address or phone number submission is considered one entry, and duplicate submissions containing the same information will be excluded. The use of fake, or stolen information to enter will result in the entry being void.
PLEASE BE AWARE OF GIVEAWAY SCAMS AND FAKE ACCOUNTS. BEFOREYOUSPEAK WILL NOT ATTEMPT TO CONTACT WINNERS FROM ANY ACCOUNTS OTHER THAN OUR OFFICIAL SOCIAL MEDIA PAGES. BEFOREYOUSPEAK WILL NOT REQUEST PERSONAL OR FINANCIAL DETAILS VIA SOCIAL MEDIA AND WILL NOT REQUEST YOU CLICK ANY LINKS TO RECEIVE YOUR PRIZES VIA DIRECT SOCIAL MEDIA MESSAGE.
Entrant Eligibility: The entrant must be aged 18 years & over, and able to travel to Sydney, Australia and participate in the 2025 Sydney Marathon on the advertised, official event race dates to claim the prize.
Winner Determination: This is a game of chance. Skill plays no part in determining the Winner.
The Winner will be drawn electronically by computerised random draw by the Promoter,
Beforeyouspeak Coffee, 9/210 Robinson Road East, Geebung, QLD, Australia 4034 within three (5) business days of competition closure.
The Winners will be the first five (5) valid entries drawn, the Promoter reserves the right to draw additional reserve entries, and record them in the order drawn, in the event that an invalid entry is drawn or an Entrant drawn is ineligible.
Number Of Winners: Five (5)
Winner Notification: The Winners will be notified by telephone and/or email within five (5) business days from the draw date.
Prize: Return flights to Sydney, Australia from their nearest capital city, two nights accommodation in Sydney, one entry bib to the 2025 Sydney Marathon, a Whoop device plus a 12 month Whoop membership, and $250 worth of Beforeyouspeak Coffee product.
Marketing Consent: By entering this competition, an entrant is indicating his/her/their agreement to accept email and SMS marketing material from Beforeyouspeak Coffee.
Unclaimed Prize Redraw Date: By COB 10/01/2025 AEST
Unclaimed Prize Winner Notification: The winner of any Unclaimed Prize will be notified by telephone and/or email within two (2) business days from the Unclaimed Prize Date.
Special Conditions:
All prizes will be fulfilled directly by Beforeyouspeak Coffee PTY LTD
Return flights may be fulfilled in the form of a redeemable gift card or travel credit, and will be issued in line with average market flight prices from the winning Entrants nearest capital city when travelling economy. Flights must be used to travel to Sydney within reasonable proximity to the advertised dates in view of participating in the 2025 Sydney Marathon.
Accommodation may be fulfilled in the form of a redeemable gift card or hotel credit, and will be issued in line with advertised pricing from the establishment on the advertised dates. Accommodation must be booked within reasonable proximity to the advertised dates, in view of participating in the 2025 Sydney Marathon.
The $250 Beforeyouspeak Coffee prize pack may be fulfilled in the form of a redeemable gift card or online store credit. Any additional shipping, customs, VAT, duties, government mandated import costs, or costs imposed by local shipping carriers are the responsibility of the Winner and will not be compensated by the Promoter or Prize Issuer.
All other out of pocket expenses including meals, beverages, laundry services, spending money, transfers, transportation around the destination, additional accommodation due to flight schedules, optional excursions, tipping, passports, visas, travel insurance and all other ancillary costs are not expressly provided. The costs of obtaining any of these requirements are the responsibility of the prize winner and their chosen travel companion/s. Any additional taxes payable, airline and government charges are the responsibility of the prize winner. Airline seats are subject to availability & change.
Beforeyouspeak Coffee is not responsible for any disruption to travel or services due to border closures or enforced Government travel restriction as a direct result of any Government mandated restriction. Disruptions may result in out of pocket expenses such as additional accommodation, delays to travel or even enforced quarantine. Should travel delays happen due prior to booked and confirmed travel, the Winner will need to consult with airline and accommodation representatives to rebook the prize in line with their Terms and Conditions. Travel insurance is highly recommended by the Promoter.
The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.
The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
The competition and these terms and conditions will be governed by Australian law and any disputes will be subject to the exclusive jurisdiction of the courts of Australia.
The winner agrees to the use of his/her/their name in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current Australian data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
Entry into the competition will be deemed as acceptance of these terms and conditions.
This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Instagram or any other Social Network. You are providing your information to Beforeyouspeak Coffee PTY LTD only and not to any other party.
Terms and Conditions
Entry into the Promotion
1 The Schedule above and all other entry instructions and prize information published by the
Promoter form part of these Terms and Conditions. Each Entrant agrees and acknowledges that
they have read these Terms and Conditions (and Schedule) and that entry into the Promotion
constitutes acceptance of these Terms and Conditions (and Schedule).
2 Entry is not open to:
iii. any related bodies corporate of the Promoter, and the Prize Supplier/s, and
marriage or adoption) of any person set out in clause 2a).
3 Entries must be received by the Promoter during the Promotional Period. All entries are deemed to be received at the time of receipt by the Promoter, not the time of transmission by the Entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
4 Entrants may submit one entry only, all duplicate entries will be void.
5 Any and all entries that are made using any automated entry means, computer entry service or any other mechanical or electronic means that allows an individual to automatically enter
repeatedly are invalid and will be rejected by the Promoter.
6 All entries to the Promotion may be subject to verification by the Promoter. Entrants must, within seven (7) days of being asked and at the Promoter’s cost, allow the Promoter to inspect and copy any documents that the Promoter may request establishing eligibility to enter the Promotion, including but not limited to receipts, evidence of age, residence and identity. The Promoter may decide in its sole discretion which documents are considered suitable for establishing eligibility to enter or win. If a Winner cannot provide suitable proof of eligibility to the Promoter’s satisfaction, they forfeit their Prize in whole and no substitute or compensation will be offered.
7 The Promoter may, at its absolute discretion, declare any or all entries made by an Entrant to be invalid if the Entrant:
appear to be illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in
any way; or
process; or
fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the
Promotion or Promoter.
Entry material
8 Entries must be submitted in accordance with the Entry Method and must not be: incomplete;
incomprehensible; unlawful or capable of violating any law or giving rise to a civil action; obscene; defamatory or libellous; threatening or harassing; pornographic or contain nudity; hateful; offensive; incite or be capable of encouraging conduct that would be considered a criminal offence; and in violation of the terms and conditions of the relevant social media platform used to enter the Promotion.
9 Entrants warrant that their entry is their own order, it is not copied in any manner from any other order, and it does not infringe the copyright, moral rights, trade mark rights or any other rights of any third party.
10 All entries immediately become and remain the property of the Promoter. The Promoter reserves the right to use, reproduce, distribute, prepare derivative works of and display the entry material (and authorise others to do the same) for the purposes of conducting and promoting the Promotion, awarding the Prize and advertising and marketing the Promoter or the Promotion
and/or future promotions on all media now known or later devised, in perpetuity.
11 By entering the Promotion, Entrants consent to any use of their entry by the Promoter which may otherwise infringe an Entrant’s moral rights in the entry material, including (without limitation), exercising any of the rights in the entry material without identifying the Entrant, and using the entry material in any way that the Promoter sees fit, even if it results in derogatory treatment of the entry material (as defined in the Copyright Act 1968 (Cth)).
12 Each Entrant warrants that:
these Terms and Conditions;
Entrant
The Winner
13 There will be only five (5) winners determined from all valid and eligible entries received during the Promotional Period in accordance with the Winner Determination. The Winners will receive the Prize.
14 The Winner will be notified in accordance with the Winner Notification and the Winners name
(first initial and surname) and State/Territory of residence may be published in announcements made by Beforeyouspeak Coffee at the closure of the promotion.
15 All reasonable attempts will be made to contact the Winner. Subject, where relevant, to any
direction given under the relevant State/Territory permit regulations, if a Prize is:
that Prize will be awarded to the next valid entry drawn. The winner of the Unclaimed Prize will
be notified in accordance with the Unclaimed Prize Winner Notification and the Unclaimed Prize
Winner’s name (first initial and surname) and State/Territory of residence may be published in announcements made by Beforeyouspeak Coffee at the closure of the promotion.
16 The Winner is responsible for making direct contact with airline and accommodation providers, if their prize/parts of their prize is issued in the form of gift vouchers or similar credit.
General prize terms
17 The Prize value is correct and based on the recommended retail value at the Start Date of the Promotion.
18 If a Prize or any part of a Prize is unavailable for any reason, the Promoter will, in its absolute discretion, substitute the Prize with another item of no lesser retail value.
19 Unless expressly stated as being included in the Prize, all other costs and expenses associated with taking the Prize become the responsibility of Winner and their guest/s, including but not limited to:
or indirect result of taking the Prize including lost income or leave entitlements.
20 Prizes cannot be refunded or exchanged and, except as expressly permitted by these Terms and Conditions, cannot be taken as a monetary payment.
21 Prizes may be transferred at the Promoter’s sole discretion. If the Promoter exercises its discretion to allow a Winner to transfer their Prize, the transfer will be on the condition that the transferee accepts these Terms and Conditions and the Promoter may require such acceptance in writing at its absolute discretion.
22 All aspects of the Prize must be taken together as a package. Prizes including an expiration period must be redeemed before expiration. If for any reason a Winner does not (or is unable to) redeem their Prize or an element of their Prize before the expiration time stipulated by the Promoter upon providing the prize to the Winner, they forfeit their Prize or that element of their Prize and no compensation or substitute will be offered.
23 The Promoter/service provider reserves the right to refuse to allow an Entrant/Winner and/or their guest/s to take part or continue to take part in any aspects of the Promotion or Prize, for any inappropriate behaviour (including intoxication), if the relevant person does not or is not able to comply with any requirements normally associated with the particular activity or if the Promoter determines, based on the advice of an appropriate and relevant medical professional, that the relevant person is not sufficiently healthy or fit so as to safely participate in the Promotion or Prize.
24 The Prize may not, without the prior written consent of the Prize Supplier and the Promoter, be resold or offered for resale at a premium (including via online auction sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services. If a Prize is sold or used in breach of this condition, the Promoter or the Prize Supplier/s may, at their absolute discretion, withdraw the Prize. Where a Prize has been withdrawn in accordance with this clause, no refund, substitute or compensation will be offered and the Winner and any person who has purchased or otherwise bears that ticket will be refused entry.
25 If the Winner/s are under the age of 18, their entry will become void and the prize will be forfeited to be re-drawn by the advertised re-draw date.
26 The Winner should seek independent financial advice at the Winner’s sole expense regarding any tax implications relating to the Prize or acceptance of the Prize.
27 The Prize cannot be used in conjunction with any other discounts or special offers.
28 Each Prize will be awarded to the person named in the winning entry as drawn in accordance with the Winner Determination.
29 Each Prize will be awarded in the Promoter’s sole discretion. The Promoter may invalidate any prize claim where the Winner has breached these Terms and Conditions or otherwise failed to comply with any requirement under these Terms and Conditions.
30 It is a condition of accepting the Prize/s that the Winner may be required to sign a legal release or releases in a form determined by the Promoter and/or Prize Supplier in their absolute discretion.
Holiday prize terms
31 Where a Prize includes international or domestic travel, the Winner and any guest/s must ensure that they have valid documentation for travel, including but not limited to valid passports and visas,which meet the requirements of immigration and other government authorities at every destination. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be the sole responsibility of the Winner and their guest/s. If the Winner or any guest/s are refused entry to any destination for any reason or prior to their departure from Australia are not granted any necessary entry visa, they forfeit the Prize and no compensation or substitute will be offered.
32 Winner/s and any guest/s are responsible for any amendment fees issued by airlines or suppliers once booking is confirmed and ticketed.
33 Airline tickets are available on the regular scheduled services of each airline and are subject to seasonal embargoes. Flight itinerary may have to be adjusted depending on the airlines’ departure city and their current flight schedule.
34 Frequent Flyer points are not available for any of the flights included in the Prize unless otherwise allowed at the discretion of the Prize supplier.
35 At the discretion of the Prize supplier, The Winner may be required to travel at a mandated time, to receive their flight and accommodation inclusion. The Winner may be required to depart from and return to the same capital city airport in their home country, being the capital city airport that is closest to the Winner’s place of residence. The Winner will be responsible for transport to and from their residence to the Winner’s nearest capital city airport in line with the terms set out by the Prize supplier.
36 A credit card imprint or cash deposit may be required from the Winner and/or any guest/s at check in to a hotel, for all incidental charges. No additional costs including but not limited to mini bar supplies, in room dining, hotel restaurant dining, intentional or accidental damages, or pay per view television will be compensated by the Promoter or Prize supplier.
37 The Promoter and the Prize Supplier make no representation as to the safety conditions or any other conditions that may exist at any destination.
Miscellaneous prize terms
38 Voucher prizes are only valid for the period as advised by the Promoter or Prize Supplier/s and can only be redeemed in accordance with the Prize Supplier’s terms and conditions.
Publicity
39 By accepting a Prize, the Winner agrees that:
and
(Materials) for publicity and promotional purposes in any form of media, without reference
or compensation to the Winner and their guest/s or any other person;
time in any form of media;
to do the same; and
that would otherwise infringe any of their moral rights in the Materials and waive all moral
rights in the Materials.
Use of social media
40 The following terms apply to the extent that the Promotion is conducted on, advertised or promoted on a social media platform owned by a third party (Platform Operator):
endorsed or administered by, or associated with, any Platform Operator.
liabilities arising in respect of the Promotion;
to adhere to the prevailing terms and conditions of each Platform Operator;
Platform Operator;
other users of the Platform Operator; and
Promoter not the Platform Operator.
Limitation of liability
41 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 2010, as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 or similar State and Territory consumer protection laws (Non-Excludable Guarantees). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter, its associated agencies and companies and those agencies and companies associated with or involved in the Promotion (including each of their respective directors, officers, employees, servants, contractors and agents past and present) exclude all liability (including negligence), for any personal injury or death; or any loss or damage; whether direct, indirect, special or consequential (including loss of opportunity and loss of profit), arising in any way out of the Promotion or the Prize.
42 Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter, its associated agencies and companies and those agencies and companies associated with or involved in the Promotion (including each of their respective directors, officers, employees, servants, contractors and agents past and present) is not responsible for and excludes all liability (including negligence), for any personal injury or death; or any loss or damage; whether direct, indirect, special or consequential (including loss of opportunity and loss of profit), arising in any way out of:
programming associated with or used in connection with the Promotion, or by any technical
error that may occur in the course of the Promotion;
destruction, unauthorised access or third party interference;
corrupted, altered, damaged or misdirected (whether after their receipt by the Promoter) due
to any reason beyond the reasonable control of the Promoter;
43 If a Prize is to be delivered directly to a Winner by a third party supplier, the Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the Prize, any loss or damage to the Prize, any delay or failure relating to the Prize itself or failure by the third party supplier to meet any obligations in these Terms and Conditions or otherwise.
General
44 The Promoter reserves the right to take any action necessary in its sole discretion at any time, subject, where relevant, to any direction given under State/Territory permit regulations.
45 If there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and binding on each Entrant and no correspondence will be entered into.
46 Prize and participation in this Promotion may be subject to additional terms and conditions
imposed by third parties. Entrants and Winners must comply with any such additional terms and
conditions. The Promoter does not accept any responsibility and is not liable for any additional
conditions imposed on the taking of a Prize or participation in the Promotion. The terms and
conditions which apply to a Prize at the time it is issued to a Winner will prevail over these Terms and Conditions, to the extent of any inconsistency.
47 If for any reason any aspect of this Promotion is not capable of running as planned, including, without limitation, by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure, acts of God, civil unrest, strike, war, act of terrorism or any other cause beyond the control of the Promoter, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a Prize, subject, where relevant, to any direction given under the relevant State/Territory permit regulations.
48 Any attempt to cause damage to any website or the information on any website associated with this Promotion or to otherwise undermine the fair and legitimate operation of this Promotion may be a violation of criminal and civil laws. The Promoter and the Prize Supplier reserve the right to seek damages in the fullest extent permitted by law if any such attempt is made, whether that attempt results in any such damage, interference or undermining.
49 These Terms and Conditions are governed by the laws of Queensland and each of the
relevant State authorities.
50 Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
51 These Terms and Conditions and the Schedule constitute the entire terms and conditions between each Entrant and the Promoter with respect to the Promotion. The Promoter may alter, modify, or amend these Terms and Conditions and the Schedule, subject, where relevant, to the approval of the authorities that have issued permits or authorities for the conduct of the Promotion.
Privacy
52 The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1998. The Promoter will collect Entrants' personal information in connection with this Promotion and will use and handle the personal information in accordance with these Terms and Conditions and the Promoter’s Privacy Policy at https://beforeyouspeakcoffee.com/policies/privacy-policy.