David Guetta Global Promotion

LSC0031 - DAVID_GUETTA_GLOBAL_PROMO 1547 Terms & Conditions ("Conditions of Entry")

Promotion:

LSC0031 - DAVID_GUETTA_GLOBAL_PROMO 1547

Promoter:

ZERO PROOF AUSTRALIA PTY LTD T/AS LYRES NON ALC SPIRIT CO ABN 97 630 554 853, Level 9, Wyndham Building, 1 Corporate Court, Bundall, QLD, Australia. Ph: (02) 8030 5552 For any inquiries regarding this Promotion, please contact the Promoter at [email protected] or on (02) 8030 5552

Promotional Period:

Start date: 29/03/24 at 09:00 am AEDT

End date: 24/05/24 at 11:59 pm AEST

Eligible entrants:

Entry is open to USA, EU, AUS, NZ, UK, Saudi Arabia and UAE residents who are at least the minimum legal drinking age prescribed by law in the country in which they are resident at the time the entry is submitted.

These Conditions of Entry are solely for the purpose of entries by redidents of USA, EU, AUS, NZ, UK, Saudi Arabia and UAE residents who are at least the minimum legal drinking age prescribed by law in the country in which they reside ("Relevant Minimum Legal Drinking Age").

How to Enter:

To enter the Promotion, the entrant must complete the following steps during the Promotional Period:

a) visit www.lyres.co/guetta, follow the prompts to the Promotion entry page; and fully complete and submit the online entry form with their personal details (first name, last name, DOB and email address);

b) select their favourite Lyre's Cocktail from the dropdown and explain in 25 words or less why you should win the Guetta experience, check the box to confirm they are at least the Relevant Minimum Legal Drinking Age, check the box to confirm they are available to travel to France from 25/06/24 to 01/07/24 (in the event of winning) and agree to receive future marketing and promotional material from Lyre’s Non-Alcoholic Spirit Co. ("Initial Entry"); and

c)

(optional)

purchase any Lyres product from any store displaying advertising for the Promotion (including online) (“Participating Venue”), keep the original purchase receipt and visit www.lyres.co/davidguetta to receive the opportunity to submit additional entries by following the instructions detailed above in clauses (a) and (b) and uploading a copy of a valid receipt of purchase of any Lyres Product from a Participating Venue (“Optional Entry”). Each additional entry must provide a substantially different answer to the promotional question. For the sake of clarity, entrants who submit more than one entry will not be judged more favourably than entrants who submit a single entry (i.e. entrants who did not make a purchase). All entrants submitting a second (or more, where permitted) entry under this optional step must retain proof of purchase of the qualifying Lyres product for each Optional Entry. The proof of purchase required is an original receipt.

Entries permitted:

Only one (1) Initial Entry permitted per person. There is no limit on the number of Optional Entries per person, but each Optional Entry must have a substantially different answer to the promotional question and a separate qualifying proof of purchase.

Major Prize is valued up to AUD$35,000 (including GST). The Major Prize is available for residents from USA, AUS, EU, NZ, UK, Saudi Arabia and UAE. The value of the Major Prize will vary depending on exact point of departure of the Major Prize Winner.

Minor Prize pool available to residents of the UK only (excluding Northern Ireland) (who upload a valid proof of purchase of any Lyres product from an Ocado store (including online) with their entry) is valued at GBP2,500 and the Minor Prize pool available to residents of AUS only (who upload a valid proof of purchase of any Lyres product from a Dan Murphy’s store (including online)) is valued at AUD$2,500.

Prize Description

Major Prize:

The prize is a trip to Paris for the entrant selected as the winner (the “Major Winner”) and the Major Winner’s nominated friend (aged at least the Relevant Minimum Legal Drinking Age) (the “Major Winner’s Companion”), which consists of the following:

• 2 x return economy class flights from the Major Winner's nearest capital city (if the Major Winner is a resident of AUS or NZ) or from the Major Winner’s nearest major departure point determined by the Promoter (if the Major Winner is a resident of USA, EU, UK, Saudi Arabia or UAE) to Paris, France departing on 25/06/24 and returning on 01/07/24;
• 4 x nights at a 4-star twin share accommodation for 2 people from 25/06/24 to 29/06/24;
• One-way transfer from airport to accommodation for two people;
• 2 x return standard train tickets from Paris to Blois Chambord departing on 29/06/24 and returning on 01/07/24;
• 2 x 2 nights 4 -5 star twin share accommodation for two people from 29/06/24 to 01/07/24; and
• 2 x tickets to the David Guetta show at “CHAMBORD LIVE” at Chateau de Chambord, France (including a meet & greet with David Guetta)

Number of this prize 1 (which may be won by a resident of USA, AUS, NZ, UK, EU, Saudi Arabia or UAE)

Value (per prize) Up to AUD$35,000 (including GST). The value of the Major Prize will vary depending on exact point of departure of the Major Prize Winner.

Winning Method Judging

Minor Prize:

The prize is a Live Nation gift card for each entrant selected as the winner of a Minor Prize (each a “Minor Prize Winner”).

Number of this prize

• 20 available to be won by residents of the UK only (excluding Northern Ireland) who upload a valid proof of purchase of any Lyres product from an Ocado store (including online) with their entry
• 20 available to be won by residents of AUS only (who upload a valid proof of purchase of any Lyres product from a Dan Murphy’s store (including online) with their entry

Value (per prize) AUD/NZD$250.00

• Gift cards available to be won by UK residents (excluding Northern Ireland) will be valued at GBP250 each; and
• Gift cards available to be won by AUS residents will be valued at AUD$250 each

Winning Method Judging

Prize Conditions:

Major Prize:

• This prize is for or relates to the David Guetta show at Chateau De Chambord (the “Event”). If the Major Winner is unwilling or unable to attend at the designated time for the Event, they forfeit that part of the prize and the Promoter is not obliged to substitute that part of the prize.
• Travel itinerary will be determined by the Promoter in its absolute discretion.
• The Major Winner and the Major Winner’s Companion must depart from and return to the same departure point and travel together.
• The prize is subject to, and the Major Winner and the Major Winner’s Companion must comply with, the standard terms and conditions of the participating prize provider and service provider(s), as updated from time to time. The Promoter will not be responsible for any action taken by any service provider(s) in relation to the prize, including without limitation any cancellation or refusal to provide any part of the prize.
• If for any reason the Major Winner does not, once the prize has been booked, take the prize (or an element of the prize) at the time stipulated, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash.
• The prize is subject to booking and flight availability and the Promoter reserves the right to amend the travel dates in its absolute discretion.
• Frequent flyer points will not be awarded and do not form part of the prize.
• 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, unless otherwise specified in the prize description, are not included.
• The Major Winner is responsible, at its cost, for ensuring that the Major Winner and the Major Winner’s Companion hold every permit, visa, authorization, passport and other similar document and meet any requirement required by any law, government or regulatory authority to travel to the destinations detailed in the prize. The Promoter will not be responsible for any action taken by any service provider(s), government or regulatory authority in relation to the prize, including without limitation any refusal to provide or permit access to any part of the prize.
• The Major Winner (or the Major Winner’s Companion) may be required to present their credit card at check in. The Promoter will not be responsible for any fees, costs, charges, losses or damages charged, incurred or suffered by the Major Winner (or the Major Winner’s Companion) in providing their credit card.
• The prize requires the Major Winner to contact the Promoter's agency, Home of PMG, at [email protected] in order to book travel.

Minor Prize:

• Any ancillary costs associated with redeeming the gift card are not included. Any unused balance of the gift card will not be awarded as cash. Redemption of the gift card is subject to any terms and conditions of the issuer including those specified on the gift card.
• The gift cards will be delivered by email.
• Only entrants who are residents of the UK (excluding Northern Ireland) who upload a valid proof of purchase of any Lyres product from an Ocado store with their entry will be eligible to be win one of the 20 x GBP250 Live Nation gift cards, and there is a limit of one of these gift cards to be won per eligible entrant.
• Only entrants who are residents of Australia who upload a valid proof of purchase of any Lyres product from a Dan Murphy’s store with their entry will be eligible to win any of the 20 x AUD$250 Live Nation gift cards, and there is a limit of one of these gift cards to be won per eligible entrant (excluding South Australian residents, where there is no limit as to the number of these available gift cards that can be won per eligible entrant).

Winner notification:

The Major Prize Winner will be notified by email within one (1) day of the judging (27/05/24). The Major Prize Winner will be published on the Promoter’s social media outlets and website by 03/06/24.

Each Minor Prize Winner will be contacted by email within seven (7) days of the judging.

Unclaimed Prizes:

The Major and Minor Prizes must be claimed by 10/06/24 at 12:00 pm AEST. In the event of an unclaimed prize, the Promoter may at its absolute discretion assign the prize to the entry that is judged by the judges to be the next best entry, conduct a further judging to award the prize or withdraw the prize unawarded. The Promoter is under no obligation to award any unclaimed prize.

1) In these Conditions of Entry, the term ‘Winner’ means each of the Major Prize Winner, the Winner’s Companion and Minor Prize Winner.

2) The entrant agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry and not defined in them, have the meaning given in the Schedule, unless stated otherwise.

3) The Promotion commences on the Start Date and ends on the End Date ("Promotional Period"). Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.

4) Valid and eligible entries will be accepted during the Promotional Period.

5) Employees (and their immediate family members) of agencies/companies directly associated with the conduct of this Promotion, the Promoter, businesses involved in determination of the Winner for the Promotion, businesses involved in the management of the Promotion, any organisation benefiting from the Promotion, the Promoter’s distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. "Immediate family member" 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.

6) The Promoter supports the responsible service of alcohol and encourages consumers to enjoy alcohol responsibly. Where relevant, entrants will be refused service of alcohol or provision of an alcoholic beverage if it would breach any laws, codes or policies including without limitation those of the relevant liquor licensee relating to the responsible service of alcohol. Legal aged consumers are advised to consider the safe drinking levels recommended by the regulatory authorities in the country in which they reside. Entry and continued participation in this Promotion is subject to the Participating Venue's liquor serving policy.

7) Judging:

a) The Winner will be determined by representatives of the Promoter. Each entry will be judged on the basis of the individual originality, creative merit and literacy merit of the answer provided to the promotional question.

b) The best valid entry, as determined by the judges, will win the Major Prize specified in the schedule above.

c) The next best twenty (20) valid entries, as determined by the judges, will each win the Minor Prize specified in the Schedule above.

d) The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case an invalid entry or ineligible entrant is selected.

e) The Winner will be determined by skill. Chance plays no part in determining the Winner. The judges’ decision is final and binding and no correspondence will be entered into.

8) All reasonable attempts will be made to contact each winner.

9) If any Winner chooses not to take their prize (or is unable to), or does not take or claim a prize within a reasonable time, as specified by the Promoter, or is unavailable at the designated time for the Event or at the time stipulated by the Promoter for travel, they forfeit the prize and the Promoter is not obliged to substitute the prize.

10) Entrants must keep their proof of purchase specified in the ‘How to Enter’ section for each Optional Entry as proof of purchase ("Proof of Purchase"). If an entrant fails to produce the Proof of Purchase for an Optional Entry, as and when requested by the Promoter, the Promoter has the right to invalidate the entrant's respective entry for which Proof of Purchase cannot be provided and/or all entries submitted by that entrant and/or forfeit the entrant's right to a prize. Purchase receipt(s) must clearly specify: (a) the store of purchase as an eligible store; (b) the required product/s or service/s to be purchased for entry; and (c) that the purchase was made during the Promotional Period and prior to entry.

11) The value of the prizes is accurate and based upon the recommended retail value of the prizes at the date of printing. The Promoter accepts no responsibility for any variation in the value of the prizes after that date.

12) No part of a prize is exchangeable, redeemable for cash or any other prize or transferable, unless otherwise specified in writing by the Promoter.

13) If a prize (or portion of a prize) is unavailable the Promoter reserves the right in its absolute discretion to substitute the prize (or that portion of the prize) to a prize of equal or greater value and specification, subject to any written directions of a regulatory authority that the Promoter is bound by law to comply with.

14) No entry fee is charged by the Promoter to enter the Promotion. Where entry is allowed online, there is no additional cost to enter the Promotion other than any cost paid by the entrant to access the website or social media platform of entry via their Internet service provider.

15) Each prize will be awarded to the person named in the entry and any entry that is made on behalf of an entrant or by a third party will be invalid. If there is a dispute as to the identity of an entrant or Winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or Winner.

16) Entrants' personal information will be collected by the Promoter. Personal information will be stored on the Promoter's database. The Promoter may use this information for future marketing purposes regarding its products, including contacting the entrant electronically. The Promoter will handle personal information in accordance with its privacy policy which is located at https://lyres.com.au/privacy-policy/. The Promoter collects personal information about entrants to enable them to participate in this Promotion and may disclose the entrants' personal information to third parties including its contractors and agents, prize suppliers and service providers to assist in conducting this Promotion and regulatory authorities as required by law. If the entrant does not provide their personal information as requested, they may be ineligible to enter or claim a prize in the Promotion.

17) Nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights (or other rights) under any law applicable to any entrant in the country in which they reside.

18) Entries are deemed to be received at the time of receipt into the Promoters’ database. The Promoters are not responsible for receipt of incorrect, inaccurate or incomplete information caused by an entrant or occurring during transmission. The Promoters are not responsible for any problems or technical malfunction of any telephone, telephone or computer network, or lines, servers, or telephone or internet providers, traffic congestion on any phone or computer network, or any combination thereof, whether or not under the Promoters’ control, including any injury or damage to the entrant’s, or any other person’s, handset or computer related to or resulting from participation or sending or receiving of any communication or of any materials in the Promotion.

19) For the purposes of public statements and advertisements, the Promoter may only publish the Winner's surname, initial and State/ Country or postcode of residence.

20) It is a condition of accepting the prize that the Winner may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving a prize.

21) If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier. The terms and conditions which apply to the prize at the time it is issued to the relevant Winner will prevail over these Conditions of Entry in the event of any inconsistency. To the extent permitted by law the Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.

22) If for any reason any aspect of this Promotion is not capable of running as planned, including without limitation by reason of cancellation of the Event, computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to applicable law.

23) The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant's details (including without limitation an entrant's identity, age and place of residence). In the event that the relevant Winner cannot provide suitable proof as required by the Promoter to validate their entry to the satisfaction of the Promoter in its absolute discretion, that Winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.

24) All material submitted on entry (e.g. answer(s) to a promotional question) must NOT: (a) be in breach of any laws, regulations and rights, e.g. any laws regarding intellectual property (copyright, trademarks, etc), defamation and privacy; (b) 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; or (c) contain viruses. Entrants warrant that they own or have the right to license the copyright in any entry submitted by them into this Promotion, for the purposes of this Promotion, 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 this Promotion, and that the use by the Promoter 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). Entrants must obtain prior consent from any person or from the owner(s) of any property that appears in their entry. By entering, all entrants license and grant the Promoter, 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 entry (including any portion of their entry) 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. Entrants agree 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. Entrants consent to any use of their entry that may otherwise infringe their moral rights. Entrants are responsible for all materials they submit on entry. The Promoter will not be liable for any entries, to the extent permitted by law. The Promoter reserves the right to remove, request removal or decline to publish any entry or portion of an entry for any reason whatsoever, including if in breach of these Conditions of Entry. The Promoter will have no liability to entrants if it exercises this right and entrants must comply with any request made by the Promoter pursuant to this paragraph. The entrants warrant and represents that any material sent or provided by the entrant to the Promoter will not infringe any copyright, trademarks or other intellectual property rights of any third party (including moral rights) and that the entrant has all rights to use the materials and has obtained all necessary consents to comply with any relevant privacy and/or confidentiality requirements. Entrants agree to indemnify the Promoter for any breach of these Conditions of Entry including this clause.

25) The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion or claiming a prize, the Promoter will resolve the dispute in direct consultation with the entrant. If the dispute cannot be resolved the Promoter’s decision will be final.

26) The Promoter and its associated agencies and companies will not be liable for, and the Winner indemnifies the Promoter and its associated agencies and companies from and against any claim, proceeding or action in relation to, any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, cost, fee, damage, personal injury or death which is suffered or sustained by any person (whether or not arising from any person's negligence or wilful misconduct) in connection with this Promotion or accepting or using any prize (or recommendation). For the sake of clarity, this clause will not apply to the extent the Promoter has contributed to or caused such loss, expense, damage, personal injury or death and will not apply to the extent any liability cannot be excluded by law (in which case, to the maximum extent permitted by law, the Promoter’s liability will be limited to the minimum amount allowable by law).

27) The Winner will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.

28) Unless otherwise specified, a prize is a single event for the Winner and cannot be separated into separate events or components.

29) The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.

30) Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.

31) These Conditions of Entry are governed by the laws of Queensland, Australia. The entrant submits to the exclusive jurisdiction of the courts of Queensland, Australia and any court hearing appeals from those courts.

The terms and conditions below apply in addition to the terms and conditions set out above.

Australia:

If you are an Australian resident, these additional terms will apply to you:

32) Legal aged consumers are advised to consider the safe drinking levels recommended in the National Health and Medical Research Council Australian Guidelines to Reduce Health Risks from Drinking Alcohol. A full version of these Guidelines is available at https://nhmrc.gov.au/about-us/publications/australian-guidelines-reduce-health-risks-drinking-alcohol.

33) Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including without limitation the Competition and Consumer Act 2010 (Cth).

New Zealand:

If you are a resident of New Zealand, these additional terms will apply to you:

34) Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including without limitation the Consumer Guarantees Act 1993 (NZ) and / or Fair Trading Act 1986 (NZ).

United Kingdom (UK):

If you are a resident of any part of the United Kingdom (UK), these additional terms will apply to you:

35) Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law, including without limitation the Consumer Rights Act 2015.

If you are a resident in Northern Ireland (NI), these additional terms will apply to you:

36) The entrant acknowledges that in entering the Promotion via the Optional Entry, they have not paid any premium or extra cost for a Lyres product (in addition to the normal price for such product) as a result of, or in connection with, this Promotion.

United States of America (USA):

If you are a resident of the USA, these additional terms will apply to you

37) Legal aged consumers are advised to consider moderate drinking levels recommended in USDA 2020-2025 Dietary Guidelines for Americans. A full version of these Guidelines is available at https://www.dietaryguidelines.gov/.

38) The prize does not include or contain alcoholic beverages.

39) Federal and state income taxes may apply and are the sole responsibility of the winner (and the winner’s companion), regardless of whether the prize is used in part or in whole.

40) Odds of winning depend on the number of entries received.

41) Clause 31 of the Conditions of Entry do not apply.

42) By entering, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these terms and conditions, entrant’s rights and obligations, or the rights and obligations of the Promoter in connection with the Promotion shall be governed by the laws of the State of Queensland, Australia, without giving effect to any choice of law or conflict of laws principles. By participating in the Promotion, entrants consent to the sole jurisdiction and venue of the courts located in Brisbane, Queensland, Australia.