Terms and Conditions

  1. PROMOTIONAL PERIOD

    Promotion starts on 18/03/2012 and ends at 11.59pm AEST on 30/06/2012 (“Promotional Period”).

  2. HOW TO NOMINATE

    Eligible members of the public can nominate their favourite barista in Australia or an Australian barista can nominate themselves to participate in the promotion by visiting www.mycoffeemybarista.com.au, following the prompts to the competition nomination page, inputting all of the requested details including but not limited to their details and the barista’s full name (if different), coffee shop name and postcode (of where the barista works), ticking all of the relevant ‘tick boxes’ and submitting the fully completed nomination form during the Promotional Period.

    Members of the public must receive consent from each barista they wish to nominate before uploading the relevant barista’s details onto the website.

  3. The following limits are applicable to barista nominations:

    • Each barista can only be nominated once; and

    • Each person can nominate a maximum of five (5) baristas for the duration of the Promotional Period.

  4. HOW TO VOTE

    All nominated baristas will be published on the promotional website (and may be subject to verification at the Promoter’s discretion). Members of the public will be able to vote for their favourite barista/s by visiting www.mycoffeemybarista.com.au and following the prompts to vote during the Promotional Period. Once an indivdual submits a vote, to receive an entry into the next subsequent voter draw, they must follow the prompts to register by providing all of the requested details and submitting the voter entry form during the Promotional Period.

  5. The following limits on votes (and voter entries) are applicable:

    • Each person can only vote for each nominated barista once (and receive one (1) entry in respect of that barista);

    • There is a strict limit of one (1) vote/entry per barista per email address;

    • There is a strict limit of one (1) vote/entry per barista per IP address; and

    • There is a strict limit of ten (10) votes/entries per IP address for the duration of the Promotional Period. For the sake of clarity, one (1) IP address can be used a maximum of ten (10) times to submit a vote/entry in the voter element of the promotion.

  6. ELIGIBILITY

    To be eligible, all the baristas nominated must be working at a café/restaurant/bar in Australia for the duration of the Promotional Period and must be aged 18 years or over.

  7. Voting (and entry into the voter draws) is open to all Australian residents.

  8. All voters under 18 years old must have parental/guardian approval to participate and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.

  9. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to be nominated. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.

  10. BARISTA PRIZE

    The barista that receives the most valid votes nationally at the end of the Promotional Period will win the major barista prize (“Major Barista Prize”). The barista from each State/Territory (NSW, VIC, ACT, QLD, SA, NT, WA and TAS) who receives the most votes in their State/Territory (excluding the major prize winner) at the end of the Promotional Period will each win the minor barista prize (“Minor Barista Prize”). No chance is involved in the determination of winners in the barista element of the promotion.

  11. In the event of a tie for the most amount of votes nationally and/or in a particular State/Territory, the Promoter will break the tie by asking the tied entrants to provide an answer to the question: “What are your coffee aspirations and how do you intend to achieve them?” in 25 words or less. The answer judged best by the Promoter on the basis of originality and creative and literary merit will win the relevant prize. The remaining tied entrant/s will not win any prize.

  12. Major Barista Prize

    The Major Barista Prize consists of the following: (a) a coffee tour trip for one (1) adult (i.e. the winning barista) to a destination in South Asia valued at up to AU$10,000, depending on the winner’s date and point of departure; and (b) AU$1,000 awarded (in the form of a cheque) to the owner of the café or franchise (as appropriate and as determined by the Promoter) where the winning barista was employed at the time they were nominated.

  13. The coffee tour trip includes return economy airfares for one (1) adult from the winner’s nearest capital city to an airport selected by the Promoter in South Asia, seven (7) nights accommodation at a venue selected by the Promoter and at least two (2) tours of the local coffee plantations. The exact location of the tour to South Asia will be determined by the Promoter in its absolute discretion and will depend on the available tours that fall within the allocated prize value.

    Spending money, meals, taxes (excluding airline and airport taxes), insurance, passports, visas, vaccinations, transport to and from departure point, transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. The travel date for the Major Barista Prize will be determined by the Promoter in its absolute discretion and will be set within 12 months of the winner notification date. The Promoter will notify the winner of the exact travel dates once the travel dates are available and finalised. The Major Barista Prize is subject to booking and flight availability. If the winner is not available to travel at the date/time determined by the Promoter then the Major Barista Prize will be forfeited by that winner and another winner will be selected in accordance with the criteria set out in clause 10 (and clause 11 if necessary) above.

    The winner is responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation. Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the Major Barista Prize. The winner may be required to present their credit card at time of accommodation check in. The prize is subject to the standard terms and conditions of individual prize and service providers.

  14. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify a prize, subject to any written directions from a relevant regulatory authority.

  15. Minor Barista Prize

    The Minor Barista Prize consist of AU$500 cash (awarded in the form of a cheque to the winning barista) and a Minor Barista Prize winner trophy (designed by the Promoter in its absolute discretion) valued at AU$165. Total value of each Minor Barista Prize is AU$665. A total of eight (8) Minor Barista Prizes will be awarded, one in each State/Territory.

  16. VOTER PRIZES

    Voter entries close for each draw at 11.59pm AEDST/AEST (as applicable in NSW) on the dates specified in the table below. Entries into the first draw open on 18/03/2012 and entries into each subsequent draw open as soon as entries into the previous draw close. All draws will take place at Orchard Marketing, Suite 1/285a Crown Street, Surry Hills NSW 2010 at 2pm on the dates specified in the table below. Entries in each draw will NOT be entered into any subsequent draws. Winners will be notified in writing.

    DrawEntries closeDraw date
    Draw 101/04/201204/04/2012
    Draw 208/04/201211/04/2012
    Draw 315/04/201218/04/2012
    Draw 422/04/201226/04/2012
    Draw 529/04/201202/05/2012
    Draw 606/05/201209/05/2012
    Draw 712/05/201216/05/2012
    Draw 8 20/05/201223/05/2012
    Draw 927/05/201230/05/2012
    Draw 1003/06/201206/06/2012
    Draw 1110/06/201213/06/2012
    Draw 1230/06/201203/07/2012
  17. The first valid voter entry drawn in each draw will win a $100 VISA Gift Card.

  18. Any ancillary costs associated with redeeming the VISA Gift Card are not included. Any unused balance of the VISA Gift Card will not be awarded as cash. Redemption of the VISA Gift Card is subject to any terms and conditions of the issuer including those specified on the VISA Gift Card. VISA Gift Cards cannot be used to withdraw cash.

  19. If a winner of a prize is under 18 years of age, the prize will be awarded to their parent/legal guardian on their behalf.

  20. A draw for any unclaimed voter prizes may take place on 05/10/2012 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners, if any, will be notified in writing.

  21. GENERAL

    Information on how to enter and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

  22. The Promoter reserves the right, at any time, to verify the validity of a vote/nomination/entry, a voter/entrant (including that voter’s identity, age and place of residence) or a barista nominated (including that barista’s identity, age and place of residence and employment) and to disqualify any voter/entrant who submits a nomination/vote that is not in accordance with these Terms and Conditions or who tampers with the nomination/voting process. Errors and omissions will be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

  23. Incomplete, indecipherable or illegible votes/entries/nominations will be deemed invalid.

  24. Winners will be notified in writing.

  25. The Promoter’s decision is final and no correspondence will be entered into.

  26. If for any reason a winner does not take the prize or an element of the prize at the time stipulated by the Promoter, then the prize or that element of the prize will be forfeited.

  27. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification.

  28. Total prize pool value for the game of skill element of the promotion is up to AU$16,320. Total prize pool value for the game of chance (drawn prizes) element of the promotion is $1,200.

  29. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.

  30. Entrants consent to the Promoter using the entrant’s name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.

  31. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.

  32. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.

  33. 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, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.

  34. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use or taking of a prize.

  35. As a condition of accepting a prize, each winner must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.

  36. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, and prize suppliers. Participation in this promotion is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All votes/nominations become the property of the Promoter.

  37. The Promoter is Merisant Australia Pty Limited (ABN 23 091 674 065) of Level 1, Triniti Building 3, 39 Delhi Road, North Ryde NSW 2113. Telephone: (02) 9235 8996.

    NSW Permit Number LTPS/12/1027, ACT Permit Number TP/12/532