Beforeyouspeak Coffee

7th Birthday Giveaway Terms & Conditions

Promotional Period: 

  • Start Date - 08:00am 22/07/2024 AEST 
  • End Date - 08:00am 29/07/2024 AEST

    No further entries to the competition will be permitted outside of this period.

    Entry Mechanism: Entry to this competition is achieved by submitting the required information directly at www.beforeyouspeakcoffee.com/pages/giveaway, and following @beforeyouspeakcoffee on Instagram during the giveaway periods. By submitting an entry, the entrant is indicating his/her/their agreement to be bound by these terms and conditions. Each entry must be unique to be considered, and winners must have submitted accurate contact information and be actively following @beforeyouspeakcoffee on Instagram at the time of the draw for the entry to be valid.

    Each unique entry goes into the running for all 7 (seven) prizes offered during the giveaway period, winners will be drawn in consecutive order of prizes from highest value, to lowest value until all prizes have been drawn.

    Entrant Eligibility: The entrant must be aged 18 years & over, and able to receive prizes by standard Australia Post delivery. International customers are eligible to enter, however import duties and taxes may be payable upon delivery of the prize for which Beforeyouspeak Coffee and it's giveaway partners are not liable. 

    Winner Determination: This is a game of chance. Skill plays no part in determining the Winner. 

    The Winners will be drawn electronically by computerised random draw by the Promoter, Beforeyouspeak Coffee, 9/210 Robinson Road East, Geebung, QLD, Australia 4034 within three (3) business days of competition closure. 

    The Winner will be the first valid entry drawn during the time periods noted on the entry page for each of the seven prizes being given away. The Promoter reserves the right to draw additional reserve entries, and record them in the order drawn for use in the event that an invalid entry is drawn, an entrant drawn is ineligible, or a prize cannot be delivered. 

    Number Of Winners: One (1) winner will be drawn for each available prize, with a total of seven (7) winners total.

    Winner Notification: The Winners will be notified by Beforeyouspeak Coffee  within five (5) business days from the draw date. Beforeyouspeak Coffee will endeavour to contact all prize winners to the best of their reasonable ability up until COB 30/08/2024 AEST. If no return contact is received inclusive of a valid delivery address by that date, then a re-draw will be held for the prize in question.

    Communication methods may include direct message from our official Instagram page only (@beforeyouspeakcoffee), direct email, or phone call. Beforeyouspeak Coffee is not liable for fake accounts pretending to be representatives of our brand, nor any loss that comes from sharing personal and/or payment information with fake accounts. 

    Prize: Seven (7) prizes will be offered across one (1) give aways by the promoter, as listed on the entry page. Prizes cannot be redeemed for cash or store credit, and cannot be substituted or altered by the winner in any way.

    Prize Value (AUD):

    Prize 1: $2250

    Prize 2: $1000

    Prize 3: $750

    Prize 4: $500 

    Prize 5: $300

    Prize 6: $200

    Prize 7: $100

    Unclaimed Prize Redraw Date: By COB 31/08/2025 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 Redraw Date.

    Special Conditions:

    Each of the seven (7) prizes will be fulfilled as shown on the entry page. Physical items will be shipped directly to the prize winner, some gift cards may be fulfilled digitally but this will be communicated to the winner where relevant. In the event that a prize can't be shipped or becomes unavailable, a reasonable substitution of the same value will be made in conjunction with the prize winner.

    By entering this competition, an entrant is indicating his/her/their agreement to accept email and SMS marketing material from Beforeyouspeak Coffee and affiliated giveaway partners listed on the entry page.

    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.

    All prizes will be shipped to a valid delivery address via a standard Australia Post service. Payment of any additional delivery costs, import fees, customs duties or taxes are the responsibility of the winner, refusal to pay these if required will forfeit the prize for redraw.

    Beforeyouspeak Coffee is not liable for any warranties or guarantees for any prizes gifted to winners as part of this competition. Individual queries and concerns for faulty prizes can be directed to the affiliated brand or manufacturer of the item.

    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:

    1. a) directors, management, employees, officers and contractors of:
    2. the Promoter,
    3. the Prize Supplier/s,

    iii. any related bodies corporate of the Promoter, and the Prize Supplier/s, and

    1. the agencies and companies associated with the Promoter or the Promotion; and
    2. b) a spouse, de facto spouse, partner, guardian, parent, child or sibling (whether natural or by 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 entries up to the Maximum Entries. If multiple entries are permitted, each entry must be submitted separately and each entry must be unique.

    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:

    a) fails to establish their entitlement to win the Promotion to the Promoter’s satisfaction; or
    b) fails to produce items as required by these Terms and Conditions or produces items that appear to be illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way; or
    c) appears, to the Promoter, to have tampered with, or benefited from tampering with, the entry process; or
    d) has submitted an entry that is not in accordance with these Terms and Conditions; or
    e) has, in the opinion of the Promoter, engaged in conduct in entering the Promotion which is 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, it is not copied in any manner from any other entry, 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:

    a) they have the full power and capacity to grant the rights, warranties and consents set out in these Terms and Conditions;
    b) they will fully indemnify the Promoter against any loss or damage suffered by the Promoter: if any of the warranties given by the Entrant are false;
    as a result of any breach of clauses 9 and 10 of these Terms and Conditions by the Entrant

    The Winner

    13. There will be only one winner per giveaway determined, for a total of four (4) winners across the month of December 2023, from all valid and eligible entries received during each Promotional Period in accordance with the Winner Determination. The Winner 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:

    a) not claimed by the Winner by the Unclaimed Prize Date; or
    b) forfeited for any reason,

      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 tracking and receiving their prize to their nominated address, and The Promoter is not liable for any damages that occur to the prize whilst in transit.

      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 the Winner.

      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 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.

      24. The Winner should seek independent financial advice at the Winner’s sole expense regarding any tax implications or ongoing expense relating to the Prize or acceptance of the Prize.

      25. The Prize cannot be used in conjunction with any other discounts or special offers.

      26. Each Prize will be awarded to the person named in the winning entry as drawn in accordance with the Winner Determination.

      27. 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.

      28. 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.

      Miscellaneous prize terms

      29. 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

      30. By accepting a Prize, the Winner agrees that:

      a) if requested by the Promoter, the Winner will: provide comments about the Promotion and/or a photo or audio-visual clip of themselves; and participate in any promotional activity in connection with the Promotion or the Prize;
      b) the Promoter may use their name, image, comments, photographs or audio-visual clips (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;
      c) the Promoter may use, reproduce, edit and communicate to the public the Materials at any time in any form of media;
      d) the Promoter may license, authorise or otherwise transfer the rights in the Materials to others to do the same; and
      e) the Winner unconditionally and irrevocably consents to any act or omission that would otherwise infringe any of their moral rights in the Materials and waive all moral rights in the Materials.

      Use of social media

      31. 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):

      a) each Entrant acknowledges and agrees that the Promotion is in no way sponsored, endorsed or administered by, or associated with, any Platform Operator.
      b) each Entrant releases each Platform Operator and its associated companies from all liabilities arising in respect of the Promotion;
      c) to the extent relevant to the Promotion, the Promoter agrees and each Entrant must agree to adhere to the prevailing terms and conditions of each Platform Operator;
      d) Entrants understand that they are providing their information to the Promoter and not to the Platform Operator;
      e) Entrants are solely responsible and liable for any content or information they transmit to other users of the Platform Operator; and
      f) any questions, comments or complaints about the Promotion must be directed to the Promoter not the Platform Operator.

      Limitation of liability

      32. 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.

      33. 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:

      a) any technical difficulties or equipment malfunction (whether under the Promoter's control);
      b) any incorrect or inaccurate information, caused either by users, by any of the equipment or programming associated with or used in connection with the Promotion, or by any technical error that may occur in the course of the Promotion;
      c) any delays or failures in any telecommunications services or equipment;
      d) any error, omission, interruption, deletion, defect, delay in operation or transmission, theft, destruction, unauthorised access or third party interference;
      e) any entry or prize claim that is late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted, altered, damaged or misdirected (whether after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;
      f) any variation in Prize value to that stated in these Terms and Conditions;
      g) any tax liability incurred by a Winner or Entrant;
      h) if a Prize or any part of a Prize is unavailable for any reason; or
      i) use of the Prize.

        34. 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

        35. 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.

        36. 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.

        37. 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.

        38. 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.

        39. 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.

        40. These Terms and Conditions are governed by the laws of Queensland and each of the relevant State authorities.

        41. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

        42. 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

        43. 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.