TERMS AND CONDITIONS

SEPTEMBER 2022

Welcome to the Mr Black Cocktail Competition. This competition gives at-home bartenders and cocktail enthusiasts the chance to showcase their best coffee cocktail creations made with Mr Black coffee liqueur. When we refer to the 'Competition', we are referring to the competition as described above (the Competition).

Below are the terms and conditions for the Competition. By participating in, and/or submitting an entry for, the Competition, you agree to be bound by these terms and conditions.

The organiser of the Competition is Mr Black Spirits ABN 68 165 958 190 of Level 1, 275 Clarence St, Sydney NSW 2000 (the 'Organiser(s)', 'we' 'us' or 'our'). Entries must comply with these conditions to be valid. Information on how to enter and the nature of prizes form part of these terms and conditions.

1. COMPETITION PERIOD

The Competition will commence on 28 September 2022 at 9:00AM US Pacific Time (PT) and end on 24 October 2022 at 9:00PM PT (Competition Period).

1. ELIGIBLE ENTRANTS

(a)  Entry is open to people who both:

(i)  are over the legal drinking age in their country of residence; and

(ii) reside in any of the following countries: Australia, United States, United Kingdom, New Zealand, Hong Kong, China, Taiwan, South Korea, Thailand, Singapore, France, Germany, Ireland, Norway, Netherlands, Spain, Sweden, Czech Republic, South Africa (Eligible Entrants).

(b)  This Competition is not open to:

(i)  or our officers, employees or contractors or their immediate family (and other companies associated with the promotion, and their immediate families); or

(ii) residents of Rhode Island, USA.

(c)  For the purposes of this clause, “immediate family” includes a person's spouse, ex- spouse, de-facto spouse, child, step child, adopted child, parent, step-parent, grandparent, uncle, aunt, siblings, step-siblings, or first cousin, whether or not they live in the same household.

(d) The Competition requires no purchase or payment to enter. However, Eligible Entrants are responsible for all reasonable expenses to submit an entry.

1. SUBMITTING AN ENTRY

(a) Eligible Entrants may enter the Competition by doing each of the things in paragraphs 3(a)(i) to 3(a)(v) below:

(i)  create an original cocktail recipe using hashtag #coffeecocktailchallenge where that recipe:

(A)  includes Mr Black Cold Brew Coffee Liqueur (as described on our Website) as an ingredient; and

(B)  does not contain more than 90mL of liquor (any liquid above 15% alc/vol); (the “Entry Recipe”)

(ii)  submit a post to Instagram which contains: 1

(A)  a picture of the cocktail made in accordance with your Entry Recipe;

(B)  the hashtag #coffeecocktailchallenge in the post description; and

(C)  a tag for our Instagram handle, @mrblackspirits;

(iii)  complete and submit an entry form as found on our website located at <https://mrblack.co> (Website);

(iv)  agree to receive marketing materials from us

(v)  agree to our privacy policy for your relevant jurisdiction, which can be found on our website located at https://mrblack.co

(b)  Once an entry has been submitted, no changes to or withdrawal of the entry will be permitted.

(c)  Multiple entries per Eligible Entrant are accepted if both:

(i)  these Terms and Conditions are fully complied with for each submission; and

(ii)  the multiple entries are substantially different in form and substance from one another (as determined by us in our sole and absolute discretion).

(d)  Incomplete, indecipherable or illegible entries will be deemed to be invalid. We may also disqualify entries that do not comply with these terms and conditions.

(e)  In the event two Entry Recipes are the same, the one that was submitted first in time will be the one accepted by us.

1. JUDGING

(a)  Three semi-finalists will be selected by the Mr Black judging panel, where each cocktail will be judged on:

(i)  taste;
(ii)  presentation
(iii)  creativity; and
(iv)  Simplicity – ease to make.
(together, the Criteria).

(b)  From the semi-finalists, the winner of the Competition will be decided by a public vote (Winner).

(c)  For the avoidance of doubt, the Competition is a game of skill. Chance does not play any part in determining the Winner.

(d)  The public vote will be hosted on our Instagram page accessible here <www.instagram.com/mrblackspirits> or by searching the handle @mrblackspirits. The cocktail with the highest vote under the Instagram poll (as at the conclusion of the poll) will be announced as the Winner. In the unlikely event of a tie, the Mr Black judging panel will decide the Winner.

(e)  The Winner will be notified in writing on completion of the Competition. The winning Entry Recipe (along with photos of the resultant cocktail) will be published on our Website.

1. PRIZE

(a) The prize that will be given to the Winner of the Competition is our Ultimate Bartender Meets Barista Pack, which includes:

(i)  Breville Dual Boiler Espresso Machine;
(ii) Essential Cocktail Kit by Cocktail Kingdom;
(iii) Mr Black Merch Pack – includes tote, ice stamp, bottle pin and Dad Hat;
(iv)  4 x Mr Black Glassware;
(v)  Mr Black bottle and limited editions or a gift card equivalent;
(vi)  2 x Mr Black Enamel Mugs;
(vii)  Espresso martini print; and
(viii)  Spiritual Coffee Book
(the Prize).

(b)  All taxes and local government fees (excluding GST) that may be payable as a consequence of receiving the Prize are the sole responsibility of the Winner.

(c)  Unless otherwise specified in clause 5(a), the Prize is not exchangeable, transferable or redeemable for cash. The Prize will be sent to the Winner's provided delivery address at no cost to the Winner.

(d)  The Organiser is not liable for any loss or damage (even if caused by negligence) as a result of any Winner accepting and/or using the Prize, except for any liability which cannot be excluded by law.

(e)  Eligible Entrants acknowledge that the Organiser makes no promise or guarantee regarding the suitability of the Prize and that any products or services received as a consequence of winning the Prize are not the responsibility of the Organiser. If the Winner has an issue or complaint with a manufacturer or supplier of any part of the Prize, the Organiser is not responsible for resolving the issue (though they may choose to do so).

1. PRIZE SUBSTITUTION

(a)  In the event that any part of the Prize becomes unavailable for reasons beyond the Organiser's control, the Organiser may, at their absolute discretion, substitute a prize (or the relevant part of a prize) with a prize of equal or greater value.

(b)  The Prize is not redeemable for cash or credit under any circumstances, unless otherwise specified in these terms.

1. UNCLAIMED PRIZES

(a)  The Organiser will use their best endeavours to contact the Winner of the Prize using the contact details provided in their entry. However the Organiser will not be liable for the Winner's failure to receive a notification of winning if they provided incorrect contact details, their email security settings caused the notification to enter their spam or junk folder, or if they have not updated their domain or email subscription to receive the notification.

(b)  If a prize is not accepted or claimed by 1 March 2023, the Winner will no longer be entitled to the Prize, regardless of whether we send you reminders or otherwise.

(c)  If the Winner does not accept or claim a Prize in accordance with clause (b), then the Prize:

(i)  can no longer be redeemed by the Winner; and
(ii)  will be distributed to another Eligible Entrant, selected in our sole and absolute discretion.

1. USE OF ELIGIBLE ENTRANTS' PERSONAL INFORMATION

(a)  Personal information includes all of the information set out in our Privacy Policy, as well as Eligible Entrants' names, addresses, telephone numbers, emails, nominated bank account details, Entry Recipes, resultant cocktails, photos and other media submitted in connection with the Competition (Personal Information).

(b)  Personal Information will be collected and used:

(i)  for the purpose of conducting this Competition;
(ii)  for the purposes of marketing our products and services to you;
(iii)  in accordance with the purposes in our Privacy Policy.

(c)  We may be required to disclose Personal Information to third parties, including local regulatory authorities and the Organiser's agents or third-party service providers, for the purposes of conducting the Competition or for promotional and marketing purposes, including on social media (Purpose).

(d)  By entering this Competition, the Eligible Entrants consent to the use of their personal information for the Purpose (and in connection with our Privacy Policy) and that the Organiser may contact them for future marketing and material purposes without payment.

(e)  When submitting an entry, the Eligible Entrants must ensure that the relevant waivers and photo release forms are signed by anyone who appears in any Videos or images submitted in an entry.

(f)  Eligible Entrants may access, change and/or update their personal information by emailing the Organiser at <digital@mrblackspirits.co>. A copy of our Privacy Policy is available at <https://mrblack.co/au/privacy-policy/>. The Privacy Policy contains information about how individuals may access or correct personal information or make a privacy related complaint.

1. ENTRY CONTENT

(a)  Entries must be the Eligible Entrants' original work. The Organiser reserves the right to require the Eligible Entrants to verify that the entry is the Eligible Entrants' original work. If the Organiser is unable to verify that the entry is original work to their satisfaction, the entry will be deemed invalid.

(b)  Eligible Entrants warrant that their entry is not in breach of any third-party intellectual property rights. If the Eligible Entrants have engaged third party service providers for any part of the entry's content (such as videographers and photographers), the Eligible Entrants warrant that they have the necessary licences and rights to include such content in their submission for the Purpose. Entrants agree to indemnify the Organiser and their associated agencies, staff, contractors and directors against all losses, damages, claims and costs by third parties arising out of, connected to, or resulting from, a breach of the warranty set out in this clause.

(c)  Eligible Entrants' entries must not include:

(i)  any images, video or voice of any person without that person's express consent (including by ensuring that person has signed a release form) for such image, video or voice to be used by the Organiser for the Purpose;
(ii)  any content that contravenes any law; and
(iii)  any content that is obscene, offensive, potentially defamatory, discriminatory, indecent, prejudicial or inconsistent with prevailing community standards.

(d)  Eligible Entrants consent to providing an original copy of the entry content for the Organiser to edit for the purpose of shortening the content for use and publication on various social media to promote the Competition.

(e)  Eligible Entrants consent to the Organiser using their name, likeness, image and/or voice in the event that they are shortlisted as a Winner, or become a Winner in the Competition, in any media for an unlimited period of time without remuneration or compensation for the Purpose and/or promoting any services supplied by the Organiser.

(f)  By entering into the Competition, each Eligible Entrant grant to the Organiser a royalty- free, worldwide, transferrable, perpetual, non-exclusive license to reproduce, display, distribute, and create derivative works of the Entry Recipe (including any cocktails), in whole or in part, in any media or product now existing or subsequently developed, for any educational, promotional, commercial, publicity, exhibition or archival purposes. The Organiser will not be required to seek any additional approval in connection with such uses and each Eligible Entrant releases and holds harmless the Organiser for any claims to the contrary.

1. GENERAL CONDITIONS

(a) The Organiser's judging criteria and decision to award any prize to a particular entry is final and binding and no correspondence will be entered into in relation to any disputes associated with the Organiser's decisions.

(b)  The Organiser accepts no responsibility for late, lost or misdirected entries or other communications.

(c)  Should an Eligible Entrant's contact details change during the Competition Period, it is the Eligible Entrant's responsibility to notify the Organiser. A request to access or modify any information provided as part of the redemption of a prize should be directed to the Organiser.

(d)  The Organiser may at its absolute discretion request verification of any personal information of Eligible Entrants provided for the purposes of the Competition and arranging a prize, including but not limited to bank account details and passport information.

(e)  The Organiser reserves the right to disqualify any individual who breaches these terms and conditions, submits an entry that is not in accordance with these terms and conditions, or who is involved in any way in interfering or tampering with the fair and proper conduct of this Competition. Failure by the Organiser to enforce any of its rights does not constitute a waiver of those rights.

(f)  By entering this Competition, Eligible Entrants acknowledge and agree that these terms and conditions, the Competition and the consequences of receiving a prize may be subject to the terms and conditions of third-party service providers such as social media platforms, video platforms, payment providers (Third Party Terms). The Organiser will not be liable for any damage or loss suffered by the Eligible Entrants in connection with such Third Party Terms.

(g)  Participants in the Competition may have rights under the Australian Consumer Law and other similar legislation which cannot be excluded, restricted or modified by the Organiser. These terms and conditions do not exclude, restrict or limit those statutory rights in any way. However, to the maximum extent that it is permitted to do so by law, the Organiser (including its officers, employees and agents) excludes all liability whether arising in tort (including without limitation, negligence), contract or otherwise for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits) whether direct, indirect, incidental, special or consequential, arising in any way out of the Competition, including, without limitation:

(i) any technical difficulties or equipment malfunction (whether or not under the Organiser's             control);
(ii) any theft, unauthorised access or third party interference;
(iii) any entry that is late, lost, altered, damaged or misdirected (whether or not after the receipt       by the Organiser) due to any reason beyond the reasonable control of the Organiser;
(iv) any variation in market value of the Prize to that stated in these terms and conditions (or on       our Website or other marketing materials);
(v) any tax implications; and/or
(vi) the Prizes, or use of the Prizes.

(h)  Eligible Entrants and the Winner of the Competition agree at all times to indemnify and hold harmless the Organiser and its officers, employees and agents (“those indemnified”) from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those indemnified where such loss or liability was caused by the Eligible Entrants and/or Winner or their officers', employees' or agents':

(i)  breach of any term of these terms and conditions; or
(ii)  negligent, fraudulent or criminal act or omission.

(i)  The Organiser will not liable for performance delays nor for non-performance due to causes beyond their reasonable control, including any decision of a government authority in relation to COVID-19. If the Competition is not capable of running as planned, the Organiser reserves the right in its sole discretion to take any action that may be available to it, and to cancel, terminate, modify or suspend the Competition, or amend these terms and conditions, unless to do so would be prohibited by law.

(j)  These terms and conditions are governed by the laws applying in New South Wales, Australia.

(k)  Notwithstanding any translated version of these terms and/or specifications that may be provided or made available to you, the English language version of this Agreement and all referenced specifications are the official versions that bind the parties. In the event of any conflict or discrepancy between any translated version of this Agreement and the English language version, the English language version will prevail. Notices, designations, determinations, and specifications made under this Agreement shall be in the English language.

(l) This competition is no way sponsored or endorsed by Meta, Instagram or Facebook.