“Brewery Duty” is a market research program (Brewery Duty) conducted by Lion Pty Ltd (ABN 50 128 004 268) and its subsidiaries (Lion or “we” “us” or “our”).
Information on the market research activities conducted as part of Brewery Duty form part of these Terms and Conditions and can be located on breweryduty.com (the Brewery Duty Website). To the extent there is information on the Brewery Duty Website that is inconsistent, these Terms and Conditions will prevail.
Brewery Duty is only open to Australian residents aged 18 years or older (Participants).
Participants agree and acknowledge they have read these Terms and Conditions. By registering an account to participate in the Brewery Duty program, this is deemed acceptance of these Terms and Conditions.
To be eligible for selection to participate in Brewery Duty market research activities, Participants must:
become and remain a registered member of the program via the Brewery Duty Website; and
participate in the program / activities in the manner directed by the Brewery Duty Website and any related email or other correspondence from Lion, including providing all requested information within the timeframes communicated by Lion.
Participants must only register one (1) profile on the Brewery Duty Website. If there is a dispute as to the identity of a Participant, Lion reserves the right, in its sole discretion, to determine the identity of the Participant.
There is no cost involved to participate in the Brewery Duty program, other than any cost paid by the Participant to access the Brewery Duty Website via their Internet service provider and/or travel to an in-person market research activity.
Selection for Brewery Duty
The Brewery Duty program consists of a series of market research activities related to products sold and distributed by Lion and its competitors.
Participants will be selected to participate in these activities based on a criteria determined by Lion (Selection Criteria). The Selection Criteria may include the Participant’s age and product preferences among other criteria. Lion expressly reserves the right, in its sole discretion, to determine the Selection Criteria and select Participants based on the Selection Criteria.
Lion makes no representation or warranty that Participants will be selected to participate in the Brewery Duty market research activities. It is a condition of participation in the Brewery Duty program that Participants agree and acknowledge that they may not be selected to participate in these activities.
Lion will contact Participants by the method of communication nominated at the point of registration (email and / or sms) to confirm their selection to participate in a market research activity and any further steps required to accept the invitation to the activity. Invitations to Brewery Duty market research activities cannot be transferred to any individual other than the Participant who has been selected to participate in the activity.
Participation in Brewery Duty
As part of Brewery Duty market research activities, Participants may be sent alcohol products by mail to the Participants’ provided postal address., or provided with a voucher, gift card or unique code via email to redeem alcohol products.
Lion supports the responsible service of alcohol:
any alcohol products provided as part of Brewery Duty will not be distributed to any person under 18 years of age. Participants will be refused service of alcohol or provision of an alcoholic beverage if it would breach any relevant laws or codes, including those relating to the responsible service of alcohol; and
to ensure responsible consumption, only (1) Participant per nominated postal address will be eligible to receive delivered alcohol products as part of a Brewery Duty activity. If more than one selected Participant resides at the same postal address, the Participant first in time to submit their postal address will be eligible to receive the delivered alcohol products.
Lion reserves the right to refuse to allow a Participant to take part in any or all aspects of a market research activity, if Lion determines in their absolute discretion, that a Participant is not in the physical or mental condition necessary to be able to safely participate in the activity. It is a condition of participation in the market research activity that Participants may be required to sign a legal release as determined by Lion in its absolute discretion prior to their participation.
If a Participant is selected to participate in a Brewery Duty market research activity, and:
chooses not to, or is unable to participate; or
does not take steps the required to participate in the activity by the time specified by Lion,
they forfeit their right to participate in the activity, and Lion is not obliged to provide an alternative opportunity to participate in the activity.
If any part of a Brewery Duty market research activity becomes unavailable, Lion reserves the right to substitute the activity as a whole or in part, in its sole discretion.
Personal information will be collected by Lion and stored on Lion’s or its third-party technology service providers’ database. Lion may use, disclose and/or aggregate a Participant’s personal information to conduct Brewery Duty and for future marketing, profiling and analytical purposes. This includes to help identify individual preferences, personalise experiences, develop consumer insights and recommend products and services that may be of interest, including contacting the Participant electronically.
Lion may disclose the claimants' personal information to third parties including its contractors, agents, gift suppliers, service providers, social media and other online platform operators to help conduct Brewery Duty and provide personalised marketing, profiling and analytics services. If the Participant does not provide their personal information as requested, they may be ineligible to participate in Brewery Duty.
Personal information collected from claimants will not be disclosed by Lion to any entity located outside of Australia, other than to its related bodies corporate in New Zealand and the United States of America and to Lion’s technology service provider called Tealium, operating in the United States of America.
Media Release and Ownership of Intellectual Property
Participant will participate in and co-operate as required with all reasonable marketing and editorial activities related to the Brewery Duty program, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that Lion may use any such marketing and editorial material without further reference or compensation to them.
Participation in Brewery Duty market research activities may involve Participants providing quotes or products reviews (Participant Materials). Participant Materials must not:
be in breach of any laws, regulations and rights, e.g. any laws regarding intellectual property (copyright, trademarks, etc), defamation and privacy; or
be defamatory, obscene, derogatory, pornographic, sexually inappropriate, contain nudity, aggressive, violent, abusive, harassing, threatening, objectionable or discriminate/vilify any section of the community with respect to race, ethnicity, nationality, religion, origin, sexual preference, mental illness, disability or gender or unsuitable for publication.
Participants warrant that they own or have the right to license the copyright in any Participant Materials submitted by them as part of the Brewery Duty program, for the purposes of these market research activities, that no rights have been granted to any third party in respect of any such entry which would prevent the entry being used as contemplated by the Brewery Duty program, and that the use by the of any such entry will not breach any laws or infringe the rights of any person (including without limitation with respect to privacy, intellectual property and defamation). Participants must obtain prior consent from any person or from the owner(s) of any property that appears in their entry. By registering an account and participating in the Brewery Duty program, all Participants license and grant Lion, its affiliates and sub-licensees an exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their the Participant Materials (including any portion of their Participant Materials) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
Participants further agree, upon request by Lion, to assign all of their rights, title and interest (including copyright) in and to the Participant Materials to Lion and to sign any legal documentation to confirm such assignment. Participants confirm that their entry is their original work and does not infringe the rights of third parties, or that they have obtained full prior consent from any person who has jointly created or has any rights in the aforementioned material. Participants consent to any use of their entry that may otherwise infringe their moral rights. Lion will not be liable for any Participant Materials, to the extent permitted by law. Lion reserves the right to remove, request removal or decline to publish any Participant Materials or portion of an Participant Materials for any reason whatsoever, including if in breach of these Terms and Conditions. Lion will have no liability to entrants if it exercises this right and entrants must comply with any request made by Lion pursuant to this paragraph. Participants warrant and represent that any material sent or provided by the entrant to Lion will not infringe any copyright, trademarks or other intellectual property rights of any third party (including moral rights) and that the Participant has all rights to use the materials and has obtained all necessary consents to comply with any relevant privacy and/or confidentiality requirements. Participants agree to indemnify Lion for any breach of the Terms and Conditions included in this clause.
To the extent participation in Brewery Duty market research activities involves goods and/or services provided by a third party, the goods and/or services are subject to the terms and conditions of the third-party supplier and the provision of the goods and/or services is the sole responsibility of the third party and not Lion. The terms and conditions which apply to these goods and/or services at the time they are issued to the Participant will prevail over these Terms and Conditions, to the extent of any inconsistency. Lion accepts no responsibility or liability for any delay or failure by the third party to deliver goods and/or services, any delay or failure relating to the products itself or failure by the third party to meet any of its obligations in these Terms and Conditions or otherwise.
Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Terms and Conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
If for any reason any aspect of the Brewery Duty program is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any other cause beyond the control of Lion, Lion may in its sole discretion cancel, terminate, modify or suspend the Brewery Duty program or market research activities.
Lion reserves the right, at any time, to verify Participant’s details (including a Participant’s identity, age and place of residence). In the event that a Participant cannot provide suitable proof as required by the Lion to confirm their eligibility to participate, the Participant will be excluded from the Brewery Duty program. Incomplete or indecipherable Participant information will, at Lion’s sole discretion, cause the Participant to be ineligible to participate in Brewery Duty market research activities.
Lion reserves the right to disqualify any Participant from the program or an activity, in its sole discretion:
who provides false information, fails to provide information, conspires with others to gain an unfair advantage or is otherwise involved in any conduct that involved manipulating, interfering or tampering with the Brewery Duty program or otherwise preventing the conduct of the Brewery Duty market research activities as intended by Lion; and
in the event of non-compliance with these Terms and Conditions.
In the event that there is a dispute concerning the conduct of the Brewery Duty program or a market research activity, Lion will resolve the dispute in direct consultation with the Participant. If the dispute cannot be resolved Lion’s decision will be final.
Lion and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence or wilful misconduct) in connection with the Brewery Duty program or accepting or using, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
Failure by Lion to enforce any of its rights at any stage does not constitute a waiver of these rights.
Lion reserves the right to make any changes and corrections to these Terms and Conditions and/or the Brewery Duty program, and will notify Participants of any changes to these Terms and Conditions and/or the Brewery Duty program by email from time to time.
If any provision of these Terms and Conditions are held void, unenforceable or illegal, that provision will be severed, and the rest of these Terms and Conditions will have full force and effect.
These Terms and Conditions are governed by the laws of New South Wales, Australia, and any disputes arising out of these Terms and Conditions are subject to the exclusive jurisdiction of the courts of New South Wales, Australia.