TERMS AND CONDITIONS - WIN YOUR HEIGHT IN BEER PROMOTION

Promoter: FOUND. Goods Co Pty Ltd
ABN: 81 627 489 838
Promoter Address: 399 Hay Street, Subiaco WA 6008
Promotion Period: A four (4) week period at each Participating Retailer, commencing on the date advertised by that Participating Retailer
Major Prize Draw: Following the conclusion of each Participating Retailer's Promotion Period
Promotion: "Win Your Height in Beer"

1. GENERAL

1.1 These Terms and Conditions ("Terms") govern the FOUND. Goods Co Pty Ltd - Win Your Height in Beer Promotion ("Promotion").

1.2 The Promotion is conducted by FOUND. Goods Co Pty Ltd ("Promoter") in conjunction with participating liquor retailers ("Participating Retailers").

1.3 The Promotion will be conducted as a series of retailer-specific promotions. At each Participating Retailer, the Promotion commences at the opening of trade on the commencement date advertised by that Participating Retailer and continues for four (4) weeks, closing at the end of trade on the final day of that four-week period ("Promotion Period").

1.4 By entering the Promotion, each entrant acknowledges that they have read, understood and agreed to be bound by these Terms.

1.5 Instructions on how to enter, promotional advertising, entry forms, point-of-sale material and other promotional material relating to the Promotion form part of these Terms. In the event of any inconsistency, these Terms prevail to the extent permitted by law.

1.6 The Promotion is a game of chance. The winner will be selected by random draw and no skill is required to enter.

2. ELIGIBILITY

2.1 Entry is open to Australian residents who are 18 years of age or older at the time of entry.

2.2 The Promoter and/or Participating Retailer may require a winner to provide satisfactory proof of age and identity before the prize is released.

2.3 Acceptable identification may include a valid Australian driver's licence, passport or other government-issued photographic identification acceptable to the Promoter or Participating Retailer.

2.4 The following persons are not eligible to enter:

(a) employees of the Promoter;
(b) employees of any Participating Retailer involved in the Promotion;
(c) employees of any company, subsidiary or associated entity of the Promoter or Participating Retailer;
(d) agents, contractors or suppliers directly involved in the development or administration of the Promotion;
(e) sponsors directly involved in the Promotion; and
(f) the immediate family members of any person identified in clauses 2.4(a) to 2.4(e).

2.5 For the purposes of these Terms, "immediate family" includes a spouse or partner, parent, child, sibling, grandparent, grandchild and any person ordinarily residing in the same household.

2.6 The Promoter reserves the right to verify the eligibility of any entrant and may disqualify any entrant who cannot satisfactorily establish their eligibility.

3. METHOD OF ENTRY

3.1 To enter, an eligible entrant must, during the Promotion Period:

(a) purchase eligible FOUND. products from a Participating Retailer; and
(b) complete the official Promotion entry form or provide the required details on the reverse of the qualifying sales receipt, as directed by the Participating Retailer.

3.2 Only purchases of eligible FOUND. products made at a Participating Retailer during that retailer's Promotion Period qualify for entry.

3.3 Each completed and valid entry will be entered into the Major Prize draw for the Participating Retailer at which the qualifying purchase was made.

3.4 Subject to any applicable liquor licensing requirements or conditions imposed on the Promotion, an entrant may submit multiple entries during the Promotion Period.

3.5 Each entry must contain the information requested by the Promoter, including the entrant's full name, valid telephone number and email address where requested.

3.6 Entries that are illegible, incomplete, damaged, altered, duplicated, forged, mechanically reproduced or otherwise invalid may be rejected at the Promoter's discretion.

3.7 The Promoter accepts no responsibility for lost, late, damaged, illegible or misdirected entries.

3.8 Proof of purchase may be required by the Promoter at any time.

3.9 The Promoter reserves the right to verify any entry and to disqualify any entrant where the Promoter reasonably believes that the entrant has breached these Terms or has engaged in fraudulent, misleading, deceptive or improper conduct.

4. PERSONAL INFORMATION AND MARKETING

4.1 By entering the Promotion, entrants consent to the Promoter and/or Participating Retailer collecting and using the personal information provided for the purposes of:

(a) administering the Promotion;
(b) contacting entrants in connection with the Promotion;
(c) verifying an entrant's eligibility;
(d) administering and arranging collection of any prize; and
(e) sending marketing and promotional communications.

4.2 Personal information will be handled in accordance with the Promoter's applicable privacy obligations and privacy policy.

4.3 An entrant may withdraw their consent to receive future marketing communications by following the unsubscribe instructions contained in the relevant communication.

5. MAJOR PRIZE

5.1 There will be a Major Prize winner per Participating Retailer.

5.2 The Major Prize is the winner's height in eligible FOUND. Goods Co Pty Ltd beer.

5.3 For the purpose of calculating the Major Prize, one carton of eligible beer is deemed to have a height of 27 centimetres when stacked.

5.4 The number of cartons awarded will be calculated by reference to the winner's measured height, subject to the maximum prize limit specified in these Terms.

5.5 The prize will consist of a mixture of eligible FOUND. beer products, which may include:

(a) FOUND. EASY;
(b) FOUND. SUPER; and
(c) FOUND. CALI-VEZA;

subject to availability and the Promoter's determination.

5.6 The maximum Major Prize is eight (8) cartons of 16 x 375mL cans.

5.7 Accordingly, the maximum prize height represented by the Promotion is 216 cms.

5.8 The final number and type of cartons awarded will be determined by the Promoter in accordance with these Terms.

5.9 The prize cannot be exchanged for another product, transferred to another person, substituted for another prize or redeemed for cash.

5.10 The prize must be accepted as awarded.

5.11 The Promoter reserves the right, where an advertised prize or component of the prize becomes unavailable for reasons beyond its reasonable control, to substitute a prize or component of equivalent value, subject to applicable law.

6. PRIZE COLLECTION

6.1 The Major Prize winner must be 18 years of age or older and must provide satisfactory photographic identification before any alcohol prize is released.

6.2 The Major Prize will be available for collection from the Participating Retailer at which the winning entry was submitted, unless otherwise determined by the Promoter.

6.3 The prize will be distributed progressively, with one (1) carton of 16 x 375mL cans available for collection every fortnight, commencing after the winner has been notified.

6.4 Collection will continue at a maximum rate of one (1) carton per fortnight until the winner has collected the total number of cartons comprising their Major Prize entitlement.

6.5 The total number of cartons available to the winner will not exceed eight (8) cartons.

6.6 The winner may be required to provide photo identification and other information reasonably requested by the Participating Retailer prior to each collection.

6.7 All collection and supply of alcohol is subject to applicable Western Australian liquor laws, licence conditions and responsible service of alcohol requirements.

6.8 The Promoter and Participating Retailer reserve the right to refuse supply where legally required to do so, including where appropriate identification is not provided or where the person seeking to collect the prize is not legally entitled to receive liquor.

6.9 The prize must not be sold, on-sold or transferred by the winner.

7. MAJOR PRIZE DRAW

7.1 A separate Major Prize draw will be conducted for each Participating Retailer following the conclusion of that retailer's Promotion Period, at a time and date determined by the Promoter and communicated through the applicable promotional channels.

7.2 For each Participating Retailer, one (1) valid entry will be selected at random from all eligible entries received by that retailer during its Promotion Period.

7.3 The draw will be conducted by the Promoter or its authorised representative.

7.4 The decision of the Promoter in relation to the draw and the eligibility of entries is final, subject to any rights available to an entrant under applicable law.

7.5 No correspondence will be entered into concerning the outcome of the draw except where required by law.

8. NOTIFICATION OF WINNER

8.1 The winner will be contacted using the telephone number and/or email address provided on their entry.

8.2 The Promoter will make reasonable attempts to contact the winner following the draw.

8.3 If the winner cannot be contacted by telephone by the Tuesday following the draw, the Promoter may contact the winner by email using the email address provided on the entry.

8.4 If the winner does not respond to the Promoter within seven (7) days after the date the email notification is sent, the winner will be deemed to have forfeited the prize.

8.5 If a prize is forfeited, the Promoter may conduct a further random draw from the remaining valid entries for the relevant Participating Retailer to select a replacement winner, subject to applicable law.

8.6 The replacement winner will be subject to the same eligibility and verification requirements contained in these Terms.

9. PUBLICITY AND USE OF IMAGE

9.1 By entering the Promotion, each entrant acknowledges that, subject to applicable law, the Promoter and Participating Retailer may publish the winner's name for the purpose of announcing the Promotion winner.

9.2 The winner may be required to participate in reasonable publicity associated with the Promotion, including photographs, video recordings, interviews or other promotional activities.

9.3 The winner agrees that the Promoter and Participating Retailer may use the winner's name, image, likeness and/or voice obtained in connection with the Promotion for reasonable promotional and marketing purposes relating to the Promotion and the Promoter's products.

9.4 Such material may be used in promotional material, social media, websites, digital advertising, print media and other reasonable promotional channels.

9.5 The Promoter will not be required to pay the winner any additional fee for such reasonable promotional use.

10. RECORDING OF COMMUNICATIONS

10.1 To the extent permitted by applicable law, entrants acknowledge that communications with the Promoter or Participating Retailer in connection with the Promotion may be recorded, monitored or otherwise documented for legitimate administrative, compliance, quality assurance or dispute-resolution purposes.

10.2 Where applicable law requires notice or consent before a communication is recorded, the Promoter will comply with those requirements.

11. RESPONSIBLE CONSUMPTION OF ALCOHOL

11.1 This Promotion is subject to all applicable Western Australian liquor laws and responsible promotion and advertising requirements.

11.2 The Promotion is not intended to encourage the rapid, excessive or irresponsible consumption of alcohol.

11.3 Nothing in these Terms requires or encourages an entrant to consume alcohol.

11.4 The Promoter and Participating Retailer reserve the right to modify, suspend or withdraw any part of the Promotion where reasonably necessary to comply with liquor licensing requirements, directions of a regulator, licence conditions or applicable law.

12. LIABILITY AND INDEMNITY

12.1 To the maximum extent permitted by law, the Promoter, Participating Retailers and their respective officers, employees, agents and contractors are not liable for any loss, damage, injury, death, cost or expense suffered or incurred by an entrant arising from or in connection with:

(a) participation in the Promotion;
(b) acceptance, possession or use of the prize;
(c) any failure, interruption or delay in the operation of the Promotion;
(d) any technical failure, telecommunications failure or other failure outside the reasonable control of the Promoter; or
(e) any event beyond the reasonable control of the Promoter.

12.2 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.

12.3 Subject to clause 12.2, to the maximum extent permitted by law, the Promoter excludes all liability for indirect, consequential or special loss arising in connection with the Promotion.

12.4 Each entrant releases and indemnifies the Promoter and Participating Retailer, to the extent permitted by law, from claims, losses, liabilities, costs and expenses arising from the entrant's breach of these Terms or unlawful or improper conduct in connection with the Promotion.

13. DISQUALIFICATION

13.1 The Promoter reserves the right to disqualify an entrant where the Promoter reasonably believes that the entrant:

(a) has breached these Terms;
(b) has provided false, misleading or inaccurate information;
(c) has attempted to manipulate or interfere with the entry or draw process;
(d) has engaged in fraudulent, deceptive or unlawful conduct;
(e) has submitted an entry that is not genuine or valid; or
(f) has otherwise acted in a manner that may compromise the integrity or proper conduct of the Promotion.

13.2 The Promoter may require an entrant to provide proof of identity, age, residency or purchase before confirming eligibility.

13.3 The Promoter's determination regarding eligibility is final, subject to any rights available under applicable law.

14. CHANGES, SUSPENSION OR CANCELLATION

14.1 Subject to applicable law, the Promoter reserves the right to amend, suspend, cancel or vary the Promotion or these Terms where reasonably necessary.

14.2 If the Promotion is affected by circumstances beyond the Promoter's reasonable control, including technical failure, regulatory requirements, natural disaster, industrial action, government direction or other unforeseen circumstances, the Promoter may modify or suspend the Promotion.

14.3 Any material amendment to these Terms will be made available through the applicable promotional channels.

14.4 The Promoter will not be liable for any failure to provide a prize or any component of a prize where the failure arises from circumstances beyond the Promoter's reasonable control.

15. GOVERNING LAW

15.1 These Terms are governed by the laws of Western Australia.

15.2 Each entrant submits to the non-exclusive jurisdiction of the courts of Western Australia and courts competent to hear appeals from those courts.

15.3 Nothing in these Terms limits any rights or remedies available to an entrant under applicable Australian consumer protection laws.

16. ACCEPTANCE OF TERMS

16.1 Participation in the Promotion constitutes acceptance of these Terms.

16.2 By submitting an entry, the entrant confirms that:

(a) they are at least 18 years of age;
(b) they satisfy the eligibility requirements;
(c) the information provided by them is true and accurate;
(d) they have read and accepted these Terms; and
(e) they agree to comply with all applicable requirements relating to the Promotion.

16.3 The Major Prize winner may be required to acknowledge acceptance of these Terms before the prize is released.

17. PROMOTER DETAILS

FOUND. Goods Co Pty Ltd
399 Hay Street
Subiaco WA 6008
ABN: 81 627 489 838

Promotion: Win Your Height in Beer

Promotion Period: A four (4) week period at each Participating Retailer, commencing on the date advertised by that Participating Retailer

Major Prize Draw: Following the conclusion of each Participating Retailer's Promotion Period

IMPORTANT LEGAL AND OPERATIONAL NOTE

These Terms should be read in conjunction with all applicable Western Australian liquor licensing legislation, regulations, licence conditions and requirements applying to the Promoter and Participating Retailers. Where there is any inconsistency between these Terms and a mandatory requirement imposed by law or a liquor licensing authority, the mandatory legal requirement will prevail.