2020, The Year of the Fizzer
Terms & Conditions
Promoter: Moon Dog Craft Brewery, ABN 36 145 716 945, 17 Duke Street, Abbotsford, VIC, 3067 (Moon Dog).
Contact: www.moondogbrewing.com.au, 03 9428 2307
Moon Dog is running a competition in conjunction with Nova 100 to win the prize set out in clause 5 below (Competition). By entering this Competition, the entrant agrees to, accept and is bound by these terms and conditions.
Moon Dog reserves the right to cancel, terminate, modify or suspend this Competition or amend these terms and conditions at any time.
1. Eligibility:
This Competition is open to all residents of Australia subject to the below Eligibility Criteria.
To be eligible for this Competition, the entrant must:
a) be 18 years of age or older;
b) not be an employee, director, officer or contractor of Moon Dog , Nova 100, any company connected with this Competition or any subsidiary company of the foregoing entities (Ineligible Person); and
c) not be a family member of an Ineligible Person,
(the Eligibility Criteria).
For the avoidance of doubt, Moon Dog will not accept any entries from children aged 17 or under. The winner of this Competition must be 18 years or older and agrees to present identification to confirm this on request in order to redeem the prize.
2. Competition:
a) This Competition is a game of skill.
b) Entry into this Competition is free.
c) Entrants may submit as many entries as they like in accordance with clause 3.
d) The winner of this Competition will be decided in accordance with clause 6 and will win the prize set out in clause 5.
e) Moon Dog will abide by the responsible services of alcohol guidelines in connection with this Competition.
f) All decisions made by Moon Dog in relation to any aspect of this Competition (including judgment of this Competition and alterations made to the prize) are final and binding on every person who enters. Moon Dog will not engage in any discussions in this regard.
3. How to Enter:
To enter this Competition, entrants must tell us why 2020 was a ‘fizzer of a year’ by submitting an entry at fizzerseltzer.com.au/win.
4. Promotion period:
This Competition will be running from 9am on Monday 16 November 2020 until 11.59pm on Friday 11 December 2020. Any submissions received after 11.59pm on Friday 11 December 2020 will be invalid and will not qualify for entry.
5. Prize details:
Subject to the below conditions, the winner of this Competition will win an epic New Year’s Eve party to the value of $5,000 as set out below:
a) If a Victorian winner is awarded, then the New Year’s Eve party will be hosted by Moon Dog at either Moon Dog World or Moon Dog OG, to be determined by Moon Dog in its absolute discretion in consultation with the winner. The party will include catering, entertainment, Moon Dog Fizzers and Moon Dog beer to the value of $5,000. Due to the unknown nature of possible COVID-19 or other restrictions that may be applicable at or around New Year’s Eve, Moon Dog reserves the right to move this prize to another location or date in its absolute discretion, in consultation with the winner.
b) If a non-Victorian winner is awarded, then the winner may choose one of the following options for the New Year’s Eve party:
(i) The winner may choose to use part of the $5,000 prize value on flights to Melbourne and accommodation in Melbourne, with the remaining balance to be used at a New Year’s Eve party hosted by Moon Dog at either Moon Dog World or Moon Dog OG. Depending on the remaining balance of the prize value, this may include Moon Dog supplying catering, entertainment and Moon Dog Fizzers and Moon Dog beer, to be determined by Moon Dog in its absolute discretion, in consultation with the winner. Due to the unknown nature of possible COVID-19 or other restrictions, Moon Dog will not be responsible for any failure of the winner to redeem the prize (including as a result of not being able to travel to Victoria) and reserves the right to move the party to another location or date in its absolute discretion, in consultation with the winner.
(ii) If it is not practicable for the winner to hold the party in Melbourne, Moon Dog will arrange an equivalent party, funded to the value of $5,000 (which may include Moon Dog supplying catering, entertainment and Moon Dog Fizzers and Moon Dog beer) at an alternative venue in the winner’s own state, to be determined by Moon Dog in its absolute discretion, in consultation with the winner.
Due to differing COVID-19 restrictions in each state, the New Years Eve party will be hosted in a COVID-safe manner and hence the prize, including the location and date, may be varied by Moon Dog in its absolute discretion.
Moon Dog will use its reasonable endeavours to give the winner the best possible experience in line with government restrictions.
The winner agrees to Moon Dog using any photos and/or video taken at the New Year’s Eve party (either by the winner or their guests or by Moon Dog itself), which may be used in relation to Moon Dog’s publicity material, including on its website and social media pages.
Subject to any legal requirements (including restrictions on the number of people permitted in the relevant venue and/or space), the number of attendees and the guest list is to be decided by the winner, with the prize not exceeding the total value of $5,000. The winner cannot profit from the prize and tickets or alcohol cannot be on-sold.
The prize must be claimed in its entirety (as determined by Moon Dog) and not varied except as required by Moon Dog in accordance with these terms and conditions. For the avoidance of doubt, if the prize is not redeemed in its entirety, the remaining amount cannot be redeemed at another time. The prize is also not transferable, redeemable for cash or exchangeable.
6. Judging:
The winner will be selected by a panel of Moon Dog staff in their absolute discretion, who will be judging the entries based on individual merit, including by considering the humour of the entry, the level of the ’fizzer of a year’ the entrant has had, and how badly the entrant needs to kick off 2021 on the right foot.
7. Winner announcement:
a) The winner will be notified via email, phone or via social media within 7 business days of the competition ending. The winner will then have 3 days to respond. If the winner does not respond within this time, the winner forfeits the prize, which may then be given to the runner up or re-offered as a prize in a future promotion, at Moon Dog’s absolute discretion.
b) The winner agrees to their name being published on the Fizzer Seltzer Facebook, Instagram and website before 24 December 2020.
8. Force Majeure:
Moon Dog will not be responsible or liable for any loss, cost or damage arising out of any act, omission, failure or delay by Moon Dog or other party which is due to an act of god, riots, acts of terrorism, storms, fire, adverse weather conditions, natural disasters, epidemics, quarantines, any labour or industrial dispute, any strike, and other acts which are not reasonably within the control of Moon Dog.
9. Release:
a) Subject to clause 9b) and to the fullest extent permitted by law, Moon Dog, its agencies and employees, will not be liable for any death, injury, damages, expenses (including any claim for legal expenses) or loss whatsoever (whether indirect or consequential) to persons or property in connection with this Competition, including as a result of participation in this Competition, variation to these terms and conditions, accepting or using any prize, alteration to any prize, and non-receipt of any prize.
b) The winner of this Competition has rights under the Australian Consumer Law and other similar legislation which cannot be excluded, restricted or modified by Moon Dog. These terms and conditions do not exclude, restrict or limit those statutory rights in any way.
10. Rights to entries:
On submitting an entry, the entrant:
a) grants Moon Dog a worldwide, non-exclusive, royalty-free, perpetual licence to use, copy, reproduce, modify, adapt, publish, distribute, commercialise and otherwise deal with all content and materials submitted as part of the entry for any purpose, including promotional, marketing and/or publicity purposes; and
b) consents to Moon Dog dealing with this content and material in any way that may otherwise infringe the moral rights of the entrant.
The entrant warrants that their entry is not in breach of any third party intellectual property rights.
11. Privacy Notice:
a) Moon Dog will collect personal information of the entrant for the purpose of conducting its business and this Competition. Moon Dog will not disclose the personal information of the entrant to third parties without their permission. Please see the Privacy Policy available at www.moondogbrewing.com.au/privacy-statement for further information in relation to the collection and use of personal information by Moon Dog.
b) The winner agrees to Moon Dog’s use of their name, town of residence and photograph in relation to Moon Dog’s publicity material, including on its website and social media pages.