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Privacy Policy
Asahi Beverages - Privacy Policy (including Credit Reporting)

1Privacy Policy
  1. In this policy, the terms, “Asahi Beverages” 'we', 'us' and 'our' means Asahi Holdings (Australia) Pty Ltd (ABN 48 135 315 767) and its subsidiaries. Please read this policy carefully as it explains the way in which we manage and handle personal information, including information collected through this website (the Website). We will handle your personal information in accordance with the applicable privacy principles in Australian and New Zealand laws, including the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) and the Information Privacy Principles in the Privacy Act 1993 (NZ).
  2. We may revise this policy from time to time. We will display a notice on the Website indicating when any such revisions have been made.
  3. This policy should be read together with our Website Terms and Conditions. Together, these form the Terms of Use for this site.
  4. At Asahi Beverages, we take the protection of privacy seriously, including information about minors. We operate our websites and market our products and services in compliance with all applicable Australian and/or New Zealand laws.
  5. Persons under the age of 18 are not permitted to use our alcohol branded websites. All visitors to these websites will be required to confirm they are of legal purchase age before they can access alcohol websites.
  6. For non-alcohol websites, children under the age of 15 should have the consent of their parent or guardian before providing any personal information to us. If we determine that a person providing us with personal information is under the age of 15, we will not use or maintain his or her personal information without the consent of a parent or guardian.
  7. Please be aware that any information that is voluntarily given by a minor to Asahi Beverages on our websites or through our social media channels may in some circumstances be accessed by other parties to generate unsolicited emails or other contacts. We encourage all parents to instruct their children in the safe and responsible use of the internet.

2Who does this policy apply to and what personal information does Asahi Beverages collect and hold?
2.1Collection of personal information by Asahi Beverages
  1. This policy applies to all people who deal with Asahi Beverages. This includes customers and consumers of our products, individuals who participate in a game, promotion, survey or other feature conducted or operated by us, and individuals who use our websites. It also includes suppliers to Asahi Beverages, individuals or other entities that enter into sponsorship or other agreements with Asahi Beverages.
  2. We may also provide commercial credit to individuals and the Credit Reporting section of this policy applies in that instance.
  3. The Website provides the platform through which we can efficiently, conveniently and directly connect with the persons listed above in order to perform our various functions and activities.
  4. To carry out such activities we collect a range of personal information, including the following:
    1. name, date of birth and other identification details;
    2. contact details;
    3. financial information (such as credit card or bank account numbers);
    4. information about how you use our products and services;
    5. the personal information specified in the game, promotion, survey or other feature you are participating in; and
    6. your employment history where you apply for a job with us.
  5. We do not collect any sensitive information about individuals unless we are authorised or required by law to do so, or you have consented to us collecting that information from you for a particular purpose. If you have provided us with sensitive information for a particular purpose, we will only use it for that purpose. In particular, we will not use your sensitive information for direct marketing, unless you have previously agreed to this.
  6. You do not have to provide us with your personal or sensitive information. However, if you do not provide us with the personal information we request, we may not be able to provide you with the products, services or other assistance or participation you require.
  7. You also have the option of dealing with us anonymously or with a pseudonym. However, this only applies where it is practical for us to deal with you acting anonymously or under a pseudonym (for example, a general enquiry).
2.2Our use of Cookies
  1. We also collect data about your website usage through the use of cookies and other technologies. Cookies are information that the site sends to your browser, which are stored as small files on your hard drive. The use of cookies allows the site to record what specific pages you have visited. Websites can provide services and tailored information by using cookies together with the information provided by you.
    1. To improve the content of our websites and e-mail to enhance your experience on our websites, and to tailor the websites to individual users;
    2. To customise our products and services according to the interests of individual users;
    3. To regulate advertising so that members are not repeatedly shown the same ads, and to make adjustments so that members view ads likely to be of interest to them;
    4. To statistically analyse, compile and publish information. No personal information will be included in the end result of this process.
  2. You can adjust your browser settings to block the use of cookies or to warn that a cookie has been accepted. Most of the services provided on our websites can be accessed even if the browser blocks cookies. There may be some services that only offer limited access, or no access, if cookies are disabled.

3How do we collect and hold personal information?
  1. Generally, we endeavour to collect personal information directly from the individuals concerned where it is practical for us to do so. However, if this is not practicable, we may also collect personal information from third parties such as our related companies, credit reporting agencies, marketing and PR agencies or your representatives. We may also collect personal information by other means such as through our websites, social media sites or other publicly available sources of information.
  2. Sometimes we may also ask you to give us personal information about other people, such as your family or an authorised representative. If you provide us with this personal information, we rely on you to tell those people that you are giving their personal information to us and to provide them with a copy of this policy.
  3. We take reasonable steps to ensure the security of your personal information and have put in place reasonable security measures to prevent loss, misuse, or unauthorised access and alterations to personal information under our control. Our employees and service providers are required to maintain the confidentiality of any personal information we hold.
  4. Unfortunately, we cannot and do not guarantee that unauthorised access to your personal information will not occur
  5. It is important for you to protect against unauthorised access to your password and to your computer. Be sure to sign off when you finish using a shared computer.
  6. If we no longer require your personal information, we will take reasonable steps to destroy or alter that information so that it no longer identifies you. Any data destroyed is disposed of in an appropriate manner that protects the privacy of your information.
  7. We engage third party service providers to manage some of our business functions. While all information (including personal information) remains stored on servers in Australia and New Zealand, our offshore service providers may access this information from the Philippines. We have taken reasonable steps to ensure that your information will only be used or disclosed by our service providers in a way that is consistent with Australian and New Zealand privacy laws. If you do not consent to our offshore service providers accessing your personal information, you should not provide this to us.

4Why do we collect, hold, use and disclose personal information?
  1. We collect your personal information so that we can perform our various functions and activities.
  2. We may also provide commercial credit to individuals and the Credit Reporting section of this policy applies in that instance.
    1. verify your identify;
    2. facilitate your registration as a Website user;
    3. enable you to participate in promotions and other activities;
    4. provide you with products or services that you have requested, and to provide you with any other benefits you may subsequently be entitled to in relation to these products and services;
    5. manage and administer a product or service, including charging, billing and collecting debts;
    6. conduct checks for creditworthiness or fraud;
    7. provide you with news and information in relation to Asahi Beverages and our products and services;
    8. develop and improve products and services;
    9. promote and market to you products, services and special offers made available by us or our related companies, licensees and suppliers;
    10. maintain and develop our business systems and infrastructure, including testing and upgrading these systems;
    11. comply with our legal obligations, including for the purpose of or in connection with legal proceedings or if necessary for establishing, defending or exercising legal rights;
    12. facilitate other purposes that are notified to you prior to you giving your information to us or that are authorised or required by law;
    13. provide or facilitate related purposes to those set out above, where you would reasonably expect us to use or disclose information for that purpose;
    14. tell you about other products or services that may be of interest to you;
    15. assess your suitability for a job where you have applied for a role;
    16. consider any concerns or complaints you raise with Asahi Beverages; and;
    17. comply with our legal obligations.
      1. If you wish to opt out of the direct marketing communications we send you (including by email), please follow the unsubscribe instructions in the relevant communications, or email us at: consumerrelations@asahi.com.au.
  3. To give effect to the purposes described above, we may disclose your personal information to the following individuals and entities:
    1. our professional advisers (such as lawyers and accountants) and service providers (such as marketing and PR agencies);
    2. organisations that we have engaged to provide services or carry out other functions on our behalf (such as outsourcing contractors, marketing, telemarketing, market researchers, website usage analysts) but only to the extent it is necessary to the services they provide to us;
    3. credit providers and credit related service providers;
    4. third party service providers managing some of our business functions; and
    5. government and regulatory authorities and other organisations, or as otherwise required by or authorised under the Privacy Act.

5How can you access and correct your information?
  1. Under the relevant privacy laws, you have the right to:
    1. seek access to the personal information that we collect and hold; and
    2. facilitate your registration as a Website user;
  2. If you wish to access the personal information that we hold about you, please set out your request in writing, and send it to: consumerrelations@asahi.com.au. Generally we will not charge you for lodging a request, however please note that in some instances we may charge reasonable fees to cover the administrative cost of retrieving and providing access to your personal information.
  3. If you seek access to your credit information, we will not require any charge unless you have already made a request in the previous 12 months. If you have made a request in the previous 12 months, we may request a reasonable charge for providing access.
  4. If you are of the view that personal information we hold about you is inaccurate, or out-of-date, or if you have other queries about accessing and correcting your personal information, please contact us using the contact details noted above.

6Credit Reporting
6.1Credit Reporting
  1. We may provide credit as contemplated by the privacy laws to individuals in connection with our products and services (for example, we may provide commercial credit to individuals, and conduct associated credit checks on these individuals). As a result, we may collect credit related information and credit eligibility information about you. For ease of understanding in this policy we refer to this as credit information. This section of the policy sets out how we manage your credit information.
6.2What credit information do we collect?
  1. We may collect the following types of credit information about you:
    1. identification information;
    2. basic information about your credit account and your credit history (including any missed or late repayments that you have made);
    3. details of any credit provided to you by other credit providers or details about information request we make about you to other credit reporting bodies;
    4. any credit rating or credit assessment score that we have derived or that is provided to us by a credit reporting body; and
    5. details of any credit-related court proceedings or insolvency applications that relate to you;
6.3How do we collect and hold this credit information?
  1. Please see paragraph 3 of this policy ‘How do we collect and hold personal information’.
  2. In addition to the information listed at point 3, we obtain credit information from credit reporting bodies.
6.4How do we collect and hold this credit information?
  1. We may use your credit information in the following ways:
    1. processing credit-related applications and managing credit that we provide;
    2. determining a credit assessment score for you to help us decide whether or not to provide credit to you;
    3. collecting payments that are owed to us in respect of any credit that we have previously provided to you;
    4. assessing your suitability as guarantor or communicating with a third party who acts as your guarantor
    5. participating in the credit reporting system and providing information to other credit reporting bodies;
    6. dealing with complaints or regulatory matters relating to credit or credit reporting;
    7. as required or authorised by another law; and
    8. where you otherwise expressly consent to the use of disclosure.
  2. In some cases, the people to whom we may disclose your credit information may be based outside of Australia or New Zealand – please see paragraph 3 of this policy for further information ‘How do we collect and hold Personal Information’.
6.5Access and correction to credit-related information
  1. Please refer to paragraph 5 of this policy – ‘How can you access and correct your information?’

7Making a complaint
  1. If you wish to make a complaint about how we handle your personal information or your credit information, please contact us at consumerrelations@asahi.com.au setting out your complaint in writing. We will deal with all requests for access to personal information or complaints as quickly as possible and will endeavour to get back to you within a reasonable time frame.
  2. If you have not received a response in less than 30 days or are not satisfied with our response to your complaint, you may lodge a complaint as follows:
    1. in Australia with the Office of the Australian Information Commissioner (“OAIC”) via their website at http://www.oaic.gov.au/; or
    2. in New Zealand with the Office of the Privacy Commissioner via its website at http://www.privacy.org.nz/.

8Additional information and how to contact us
  1. If you have any questions or comments about this policy, please set it out in writing, and forward it to us using the contact details below.
  2. Email:


    Telephone:
    Australia: 1800 244 054
    New Zealand: 0800 242 754
Terms of Use
Asahi Beverages Website Terms of Use

1Terms of use
  1. In these terms of use, the terms ‘Asahi Beverages’, ‘we’, ‘us’ and ‘our’ means Asahi Holdings (Australia) Pty Ltd (ABN 48 135 315 767) and its subsidiaries.
  2. These terms of use set out the terms on which you use the website of Asahi Beverages or the Asahi Beverages Group (the “Site”). By accessing and using the Site, you accept that all of these terms of use apply. If you do not agree and accept that all of these terms of use apply to your use of the Site, please exit the Site immediately and refrain from using the Site in the future.
  3. These terms of use should be read together with our Privacy Policy, which explains how we collect, use, disclose and manage your personal information.
  4. We may revise these terms of use from time to time. We will display a notice on the Site indicating when any such revisions have been made.
  5. Persons under the age of 18 are not permitted to use our alcohol branded websites. All visitors to these websites will be required to confirm they are of legal purchase age before they can access alcohol websites.
  6. For non-alcohol websites, children under the age of 15 should have the consent of their parent or guardian before providing any personal information to us. Please refer to our Privacy Policy for further information on the collection of personal information.

2Your use of the Site
  1. The Site is for your personal entertainment, information and communication only. This means that all content provided on the Site is for your non-commercial use, and you may not distribute, modify, transmit, reuse, repost or use the content of the Site for public or commercial purposes without the written permission of Asahi Beverages.
  2. You may not send any material to the Site that:
    1. infringes the intellectual property or other rights of another person;
    2. is otherwise unlawful, harmful (including any virus), threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, indecent or profane or that could be a violation of any law (including encouraging any other person to violate any law). This includes information that racially or religiously vilifies, incites violence or hatred, or is likely to insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
    3. relates to unlawful conduct;
    4. creates a privacy or security risk to any person, including by soliciting personal information from any person;
    5. solicits money from any person;
    6. is false, misleading or deceptive;
    7. contains financial, legal, medical or other professional advice;
    8. would harm, abuse, harass, stalk, threaten or otherwise offend;
    9. would reflect negatively on us, including our goodwill, name and reputation;
    10. tampers with, hinders the operation of, or makes unauthorised modifications to the Site;
    11. would breach any applicable laws; or
    12. would otherwise result in civil or criminal liability for you, us or any third party.
  3. In using the Site, you must not:
    1. violate any applicable laws, or use the Site for any purpose that is unlawful;
    2. distribute viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;
    3. use any automated system or software to extract data from this Site for commercial purposes;
    4. collect or store data about other users of the Site;
    5. engage in any other conduct that inhibits any other person form using or enjoying the Site;
  4. You agree to indemnify and hold us (including any of our directors, officers, employees and contractors) harmless from:
    1. any claim made by any third party; and
    2. any loss or damage that we may suffer,
    3. arising (directly or otherwise) out of your breach of the restrictions in this clause 2.
  5. Occasionally Asahi Beverages will post information to the Site which includes references to third parties which are not associated with or owned by Asahi Beverages. You may not use these parties’ likenesses, names, and/or properties without their express permission (to seek this permission you will need to contact these third parties directly).
  6. Any personal information (for example your name, address, telephone number or e-mail address) you submit to the Site will be used by us in accordance with the Privacy Policy. Information which is not personal (including questions, comments or suggestions) will not be covered by the Privacy Policy.

3Material on the Site
3.1Ownership of intellectual property on the Site
  1. The Site is subject to copyright and other intellectual property rights.
  2. Unless otherwise indicated, we own or license from third parties all content on the Site. All content on the Site remains the sole property of the applicable content owner (i.e. Asahi Beverages or the third parties from which we license the content) and is protected under all relevant copyright, trade mark, and other applicable laws. Nothing you do on or in relation to the Site will transfer any intellectual property rights to you or licence you to exercise any intellectual property rights unless this is expressly stated.
  3. Asahi Beverages takes the protection of intellectual property very seriously. Please be advised that Asahi Beverages, in their sole discretion, may take all actions to enforce its intellectual property rights to the fullest extent of the law.
  4. Except as provided in these terms of use, any use or copying of the Site for any purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us at consumerrelations@asahi.com.au if you wish to seek such consent. We may revoke any consent we provide at any time and may suspend or deny your access or use of the Site without notice for any reason, including if you breach or we reasonably believe you have breached any of these terms of use.
3.2Material you send to the Site
  1. By providing us with any material that you send to the Site, you:
    1. grant us a non-exclusive, worldwide, royalty-free, perpetual, licence (including a right of sub licence) to use, copy, modify and otherwise exploit the material in any form or on any medium and for any purpose; and
    2. warrant that you have the right to grant such licence.
  2. We (or any party we nominate) are entitled to use any or all material which you send to the Site for any purpose without requesting consent from you or providing you with any compensation. Please keep this in mind when you send any data, questions, comments, suggestions, ideas or other information, material or property to the Site.
  3. You agree to indemnify and hold us (including any of our directors, officers, employees and contractors) harmless from any claim made by any third party arising out of material you send to the Site.
  4. We may, without notice to you, review, modify or remove any of the material you send to the Site in our absolute discretion including where we believe it violates these terms of use.

4Linking to this Site
  1. You must not frame this Site or represent or imply that any part of the Site belongs to anyone other than us.
  2. If we notify you that we object to the manner in which you provide links to this Site, you must immediately cease providing such links.

5Our rights
  1. The Site is provided by Asahi Beverages. We may review, edit or delete materials that any person sends to the Site, but we are not under an obligation to do this.
  2. We may cancel any registration(s) or account(s) on the Site at any time or remove any content you have sent or posted on the Site without giving any notice to you or any other person. We may do this without any liability, and for any reason whatsoever.
  3. We may change information on the Site, these Terms of Use and / or the Privacy Policy, at any time without notice. You should regularly review these Terms of Use and the Privacy Policy for any changes. Changes will be effective as soon as they are posted on the Site, and by continuing to use the Site, you agree to any changes. By providing continued access to the Site, we are providing you consideration for agreement to any changes.

6Warranties and liability
  1. We try to make the Site and its contents as reliable as possible, but inaccuracies may occur. Because of this, regardless of anything else on the Site or in these Terms of Use, use of this Site is at your own risk.
  2. The Site is provided to you on an “as is” basis, and to the fullest extent permitted by law Asahi Beverages disclaims any and all express or implied guarantees, warranties, representations, statements, terms and conditions regarding the Site.
  3. In particular, and without limiting paragraph (b), we shall not be responsible or liable for any damages due to:
    1. statements, errors or omissions on the site
    2. content infringing any third party rights
    3. viruses or other harmful components that may be transmitted to your computer
    4. your use of the Site being interrupted or any loss, corruption or interception of data sent to or from our Site which occurs outside of our computer systems
    5. linking to any other site, or
    6. any other matter regarding this Site and your use of it.
  4. We recommend that you install and use up-to-date anti-virus, anti-spyware and firewall software on your computer.
  5. Nothing in these terms of use excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any legislation which cannot lawfully be excluded or limited, including the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.
  6. We will not be liable for any failure to delay in performing any of our obligations under these terms of use if such delay is caused by circumstances beyond that party’s reasonable control.
  7. As a condition of using the Site, you agree to defend, indemnify and hold harmless Asahi Beverages and any other related party of Asahi Beverages from all damages, costs and expenses including reasonable legal fees and costs, arising out of:
    1. your use of, or activities in connection with, the Site
    2. any breach or violation of any of these Terms of Use
    3. any allegation that any material which you send to the Site or create through the Site infringes or otherwise violates the intellectual property, privacy, or other rights of a third party, or gives rise to a claim of libel or defamation, or
    4. any other matter regarding this Site and your use of it.
  8. You agree to work in cooperation with us in the defence of any such matter. We reserve our rights to assume the exclusive defence and control of any matter (at your expense) subject to indemnification by you.

7Jurisdiction
  1. We control and operate the Site from Victoria, Australia. All matters relating to the Site are governed by the laws of Victoria, Australia, without reference to any conflict or choice of law principles.
  2. You agree that any legal proceedings relating to the Site will be held in Victoria, Australia and these proceedings will be determined in accordance with Victorian law.
  3. You also agree that the courts of Victoria are an appropriate forum to hear any legal proceeding in relation to the Site
  4. Please note that we do not warrant or imply that the Site or materials on it are appropriate for use outside of Australia. Information contained in the Site concerning products or services is applicable only in Australia.
  5. If you are located outside of Australia, you are solely responsible for compliance with any applicable local laws.

8General
  1. If any part of these terms of use is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
  2. These terms of use constitute the entire agreement between us and you in relation to the Site and supersede any other communications or displays between us and you in relation to the Site.
  3. The provisions of these terms of use which by their nature survive termination or expiry of these terms of use will survive termination or expiry of these terms of use.
  4. No waiver, delay or failure by us to take any action shall constitute or be construed as a waiver of that or any other term, condition, option, privilege or right we may have.
  5. The world “including” when used in these terms of use is not a term of limitation.

9Contact us
    Mail:
    Consumer Relations Centre, Private Bag 1, Tullamarine VIC 3043

    Telephone Toll Free:
    Australia: 1800 244 054
    New Zealand: 0800 242 754

Ordering Service Terms and Conditions
Ordering Service Terms and Conditions
  1. The Asahi Premium Beverages ordering service ('Service') is a service provided by Asahi Premium Beverages Pty Ltd (ABN 49 077 568 480) ('us', 'we', 'our') for Asahi Premium Beverages customers ('you'), via the Asahi Premium Beverages website or any replacement website we notify to you from time to time (“Site”).
  2. Your access to and use of the Service is subject to these terms, our website Terms of Use and our Privacy Policy ('Terms;).
  3. We recommend that you carefully read these Terms before you use the Service. If you do not agree to these Terms, you should not use the Service.
  4. These Terms operate in addition to any terms of trade you have agreed with us (for example, when you applied to become a Asahi Premium Beverages account holder or any agreement for the supply of products). Those other terms are incorporated by reference into these Terms. If there is any inconsistency between these Terms and the other terms, the other terms prevail to the extent of the inconsistency.
  5. Changes to these Terms
  6. From time to time, we may need to change these Terms to reflect our changing business. We may also need to change these Terms if we are required by law, for security reasons or for technical or infrastructure reasons.
  7. Without limiting the rights in clause 20 and 21 of these Terms, we may change the Terms at any time by posting the changed Terms on the Site and by emailing a notice to you stating that a change has occurred. Continuing to use the Service after our notice to you will be deemed acceptance of the amended terms and conditions.
  8. Registration
  9. You may not use the Service unless and until you have registered with us as a user of the Service.
  10. When you register, we will give you a username and password to access the Service. You may be asked to change your username and password when you first access the Service and at subsequent intervals.
  11. You are responsible for keeping your username and password secret, and (if you are not an individual) for ensuring that it is only disclosed to your authorised representatives. You are also responsible for all transactions carried out via the Service using your username and password.
  12. Use of the Service
  13. You may use the Service to order Asahi Premium Beverages products from the product list on the Site ('Product List').
  14. Information about products
  15. We will use reasonable efforts to ensure that we have in stock the products shown in the Product List. However, we do not guarantee the availability of any products, and we will not be liable for any loss, damage or costs incurred by you or any other person if we are unable to provide you with products shown in the Product List.
  16. We will use reasonable efforts to include in the Product List up-to-date pictures of our products. However, at times, the pictures in the Product List may differ from the products actually supplied to you.
  17. Some products may have a minimum order requirement. If so, we will use all reasonable efforts to specify this in the Product List.
  18. Ordering
  19. You are responsible for correctly entering all requested order information. If incorrect information is entered, it may result in you receiving and being liable to pay for unwanted products. If you need to make changes to or cancel your order before it has been delivered, contact us on 1800 090 378 and we can discuss options with you.
  20. You may be issued with an order confirmation or receipt for orders you place via the Service. Issue of an order confirmation or receipt does not mean that your order has been accepted by us or that we will be able to complete the order in whole or in part. Orders will not be binding on us until we have delivered the order to your nominated address and you have accepted the order by signing the delivery docket.
  21. Acceptance or Rejection of an Order
  22. We reserve the right to accept or reject your order for any reason.
  23. If your order is accepted by us at one of our licensed premises (see clause 18), a separate binding agreement will arise between you and us at the time of acceptance with respect to that order of products. That agreement will incorporate these Terms and any additional offer terms or promotions notified to you, or that you are aware of, at or before acceptance of your order.
  24. Restricted Products
  25. All orders that we accept for liquor products are only accepted, processed and distributed by us from, and are transmitted from, one of our licenced premises. Orders and any acceptance or agreement concerning those orders are subject to our obligations under the various liquor licensing Acts in the jurisdictions in which we operate and our obligations to comply with responsible service of alcohol obligations.
  26. By accepting these terms and conditions and you:
    1. acknowledge that it is against the law to sell or supply alcohol products to, or obtain alcohol products on behalf of, a person under the age of 18 years; and
    2. warrant that you are over 18 years of age and are not obtaining alcohol on behalf of a person under the age of 18 years.
    Pricing
  27. You must pay us the price for the products within 28 business days from the date of our statement to you. The price is exclusive of applicable taxes (including GST) unless expressly stated otherwise. Subject to clause 21, we may vary the price for the products in the following circumstances
    1. in accordance with changes to our published price list;
    2. to reflect an increase in the cost of supplying the products to you; or
    3. in accordance with the cumulative movement in the CPI of the preceding 12 months.
  28. If the price variation referred to in clause 20 results in a material price increase (being one where the average increase is more than 10% of the current price for all products you order from us under these Terms) you have the option to terminate these Terms by giving us written notice. We may not be able to provide the Service to you if you do not accept these Terms.
  29. In addition to the price for the products, we may charge a container deposit levy for products supplied for sale in any State or Territory that has a container deposit scheme. If applicable, we will notify you of the relevant container deposit levy that will apply to products supplied under these Terms
  30. Dispatch and carriage
  31. We will use all reasonable efforts to supply the quantity of products ordered, by the agreed delivery date. If we are unable to do so, we will work with you to minimise the impact to your business.
  32. Title to products will not pass to you until you have paid for them in full. However, risk will pass to you when the products are delivered to you.
  33. We reserve the right to take possession of and to dispose of products as we see fit at any time until you have paid for the products in full. You authorise us to access and enter your land and premises in order to exercise these rights. For the purposes of determining which of the products in your premises have been paid in full, you and we agree that operating inventory will be treated on a first in, first out basis.
  34. Authorised receipt of products and liquor licence
  35. Products are supplied on the condition that you have a current liquor licence which permits the purchase and acceptance of the products to the premises directed. You must notify us if your liquor licence is suspended or cancelled or the supply of the products will not comply with your licence. You agree to provide proof of your licence on request. We are entitled to not supply products where you do not provide proof (or we have reason to believe) that supply of the products will not comply with your licence.
  36. We are entitled to assume that any person at your delivery address that takes delivery of products is authorised by you to do so. You must ensure that any person taking delivery of products from us is over the age of 18 years. You acknowledge that liquor licensing requirements apply to the delivery of alcohol and we are unable to deliver to premises which are declared to be restricted areas or premises or to persons who are under 18 years of age or deemed to be unsuitable. We are entitled to and may request evidence that the person accepting the products is 18 years or older, and may refuse to deliver the products if the person receiving the products is unable or unwilling to provide satisfactory evidence of proof of age.
  37. Payment
  38. Payment on account – On delivery, we will provide you with a tax invoice specifying the total price for your ordered products including any applicable credits, taxes, service and delivery fees. You must pay all invoices by the date specified on the invoice.
  39. Online payment – You may pay for the products online using a credit card. You authorise us to debit the amount that is payable for an accepted order from your nominated credit card. If we are unable to process your payment for whatever reason, we may cancel your order and notify you of the unsuccessful transaction.
  40. You must not pay, or attempt to pay for products through fraudulent or unlawful means.
  41. Product warranties and liability
  42. We warrant that products supplied by us will, on the date of dispatch, be of merchantable quality and will comply with all applicable laws. To the extent permitted by law, we exclude our liability for any loss, damage or injury arising from any defect, or non-compliance with a condition or warranty, in products and if our liability cannot be excluded, we limit it, subject to law, to the replacement of the product.
  43. For the avoidance of doubt, nothing in these Terms exclude, restrict or modify any rights, remedies, guarantees, conditions or warranties that are implied or imposed by law that may not be excluded, restricted or modified.
  44. Service Availability
  45. The Service may be accessed via the Asahi Premium Beverages website or any replacement website we notify to you from time to time.
  46. We will use reasonable efforts to provide access to the Service 24 hours each day, seven days per week. We will use reasonable efforts to notify you in advance of any planned disruptions to the Service by way of a service notice on the Site.
  47. However, we cannot and do not guarantee the availability of the Service, and to the extent permitted by law, we will not be liable for any loss, damage or costs incurred by you or any other person if the Service is unavailable at any time.
  48. Security
  49. In addition to our obligations at law, we will use all reasonable efforts to ensure that the Service is secure and that the information you provide via the Service is kept confidential and secure.
  50. However, you acknowledge that all electronic and telephonic data transfers are potentially susceptible to interception by others. We cannot and do not guarantee that information you submit via the Service will not be monitored, read, or intercepted by others, and we will not be liable for any loss, damage or costs incurred by you or any other person if your information is monitored, read or intercepted in this way.
  51. Our liability to you
  52. To the extent permitted by law, we exclude our liability for any loss, damage or injury arising from any defect, or non-compliance with a condition or warranty, in products and if our liability cannot be excluded, we limit it, subject to the law, to the replacement of the product.
  53. For the avoidance of doubt, nothing in these Terms exclude, restrict or modify any rights, remedies, guarantees, conditions or warranties that are implied or imposed by law that may not be excluded, restricted or modified.
  54. You must indemnify us against any claim, loss, liability, cost or expense which may be incurred or sustained by us in connection with.
    1. third party claims; and
    2. product recalls,
    3. except to the extent that we have caused or contributed to the loss
    Confidentiality
  55. These Terms, the Product List, and any pricing information (howsoever described) is our confidential information ('Confidential Information'). However, Confidential Information does not include: information which is or becomes generally available in the public domain (other than through a breach of confidence); or information rightfully received by you from a third person who is under no obligation of confidentiality in relation to the information and who has not obtained that information either directly or indirectly as a result of a breach of any duty of confidence owed to us.
  56. You acknowledge and agree that you must:
    1. not disclose the Confidential Information to any person except as permitted under clause 43;
    2. use or reproduce the Confidential Information only for the purposes of these Terms; and
    3. take all steps reasonably necessary to secure the Confidential Information against theft, loss or unauthorised disclosure.
  57. You may disclose the Confidential Information:
    1. to persons acting on your behalf who need to know the Confidential Information for the purposes of these Terms and subject to you taking reasonable steps to ensure that person is fully aware of the confidential nature of the Confidential Information before the disclosure is made;
    2. if required by law, provided you have given us prior notice where practicable; or
    3. with our prior written consent.
    Termination
  58. Either party may terminate or suspend these Terms immediately by notice in writing to the other party if:
    1. the other party breaches any material term of these Terms and the breach is not remedied within ten (10) business days of receipt of notice of the breach; or
    2. the other party becomes bankrupt, goes into liquidation, is under external administration or any other event which is indicative of insolvency.
  59. In addition to the circumstances described in clause 44, we may also terminate or suspend these Terms immediately by notice in writing to you if you:
    1. bring into disrepute our name, reputation, products or interests in a way that materially prejudices us; or
    2. you endanger our employees by engaging in conduct that would reasonably be considered as aggressive or threatening; or
    3. you transfer or dispose of these Terms without our prior written consent.
  60. If the Service or your access to the Service is terminated or suspended in accordance with clause 44 or 45, you will still be responsible for any fees and charges you incurred in relation to the Service before the termination or suspension date.
  61. We may stop making the Site or the Service (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the products that have been ordered are no longer available or we are prevented from supplying the products, in which case, we will notify you and will refund to you all valid payments received by us for those products.
  62. Intellectual Property
  63. We and our licensors own all intellectual property rights relating to the Site or the Service, including all intellectual property rights in any pictures, catalogues, trade marks and other content appearing on the Site. This content is provided for reference purposes only and must not be copied or otherwise reproduced without our prior written permission.
  64. General
  65. We and you are independent contractors and no agency, partnership, joint venture or employment relationship is intended or created by these Terms.
  66. If any of these Terms are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.
  67. If we do not act in relation to a particular breach by you of these Terms, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches.
  68. These Terms (and your dealings with us) are governed by the law in force in the State of Victoria, Australia. You and we each submit to the non-exclusive jurisdiction of the courts of that State.
  69. Returns and Refunds
  70. You can return the products or make a claim for a refund if:
    1. you believe that Goods we charged you for were not provided; or
    2. there is a fault or defect with the products you have purchased.
  71. Any returned products will be refunded using the same method of payment and price as the original transaction and must:
    1. be returned within 28 days of purchase;
    2. be unopened;
    3. be in a re-saleable condition; and
    4. be returned as full cartons.
  72. Call us on 1800 090 378 and our representative will assess your request to return the products. Products may be accepted for return at our absolute discretion.
Zero Your Bill National Business Incentive
Zero Your Bill National Business Incentive
Terms and Conditions
Promoter

Asahi Beverages Pty Ltd (ABN 51 004 243 994), 58 Queens Bridge Street, Southbank VIC 3006.


Who can enter?

Only Australian residents who:

  1. are aged 18 or over; and
  2. are a principal of a business (Business) invited to enter the competition.

Who can't enter?

Directors, officers, management and employees (and their immediate families) of:

  1. the Promoter; and
  2. the agencies, companies or participating premises associated with this competition (apart from Businesses).

Competition Period

Purchase Period: 12.01am (AEST) on 01/06/2021 to 11.59pm (AEST) on 30/06/2021.

Activation Period: 12.01am (AEST) on 01/07/2021 to 11.59pm (AEST) on 31/07/2021.


Qualifying Purchase

Any eligible Zero Sugar SKU's delivered during the Purchase Period, as listed below:

The following SKU's will be worth 5 entries:

  • Schweppes Lemonade Zero Sugar 600ml;
  • Mountain Dew Zero Sugar 600ml;
  • Sunkist Zero Sugar 600ml;
  • Solo Zero Sugar 600ml.

All other SKU's will be worth 1 entry:

  • Pepsi Max 600ml;
  • Pepsi Max Vanilla 600ml;
  • Pepsi Max Mango 600ml;
  • Pepsi Max Creaming Soda 600ml;
  • Gatorade No Sugar Berry, Glacier Freeze and Orange 600ml;
  • G-Active Berry, Mango & Lemon 600ml;
  • Cool Ridge 600ml or 750ml and Cool Ridge Sparkling Water 500ml; and
  • Red Bull Zero 250ml and Red Bull Sugar Free 250ml.

Entry instructions

To enter, a Business must:

  1. during the Purchase Period make a Qualifying Purchase from the Promoter in accordance with the instructions specified by the Promoter; and
  2. during the Activation Period:
    1. range the agreed Zero Sugar SKU's;
    2. have fridge set to planogram; and
    3. display (and keep on display throughout the Activation Period) and agree to any advertising material supplied by the Promoter for the activation.

Once the Promoter determines that you have successfully fulfilled the requirements listed above, your Business will receive an entry into the draw.

A representative of the Promoter will attend your Business and complete an audit to see if it has successfully fulfilled all of the requirements listed above. If the Promoter is not satisfied that it has, you may be disqualified in the Promoter's discretion.

Qualifying Purchase products must be used for resale by the Business.


How many winners will there be and how will they be chosen?

There will be 27 winners determined in respect of this competition – 3 per Customer Group 1 and 2 per Customer Group 2.

The Customer Groups are as follows:

Customer Group 1:

  • Belgravia Leisure;
  • Concept Eight;
  • Emirates Leisure;
  • Wendy's;
  • Motio Play;
  • Sandwhich Chefs; and
  • YMCA.

Customer Group 2:

  • Lord of the Fries;
  • Mrs Fields; and
  • Spud Bar.

A draw will be held at 10am (AEST) on 05/08/2021 at Gadens Lawyers, Level 13 447 Collins Street, Melbourne, VIC 3000 .

The first 3 valid entries drawn randomly in each draw from the entries received during the Competition Period for the relevant Customer Group 1 will win a prize.

The first 2 valid entries drawn randomly in each draw from the entries received during the Competition Period for the relevant Customer Group 2 will win a prize.

The Promoter may arrange to draw additional reserve entries in a draw and record them in order, in case a winning entry/entrant is deemed invalid or a prize is unclaimed (Reserve Entrants).


What can I win?

There are 27 prizes available – 3 per Customer Group 1 and 2 per Customer Group 2.

Each prize is a credit on your Business Account of any Zero No Sugar SKU's delivered during the Purchase Period (as determined by the Promoter) for the winning Business, valued up to $1,000.


Who will the prize go to?

The prize will be awarded to the principal of the winning Business for the benefit of the winning Business.

Where a Business has multiple principals and those principals disagree about who is the entrant (or if there is confusion for any reason), the Promoter may decide which of them wins the prize. The Promoter's decision is final in this regard.

Total prize pool:

The total prize pool is up to $27,000.


How many times can I enter?

There is no limit on the number of entries a Business can receive/submit, provided each entry is submitted in accordance with these Terms and Conditions.


How and when will the winner/s be informed?

Winners and their participating Businesses will be notified:

  • by phone; and
  • in writing

within five days of determination by their relevant Business Group Head Office.

Winning Businesses will have their name and state/territory of residence published on

https://www.albconnect.com.au/storefront/sga/en/AUD/promotion-winners on 16/10/2021


Unclaimed prize/s

Prize claim date: 5pm (AEDT) on 05/11/2021.

Unclaimed prize determination: 12pm (AEDT) on 08/11/2021 at the same location as the original draw.

If a prize has not been accepted or claimed by the prize claim date above or if, after making all reasonable attempts, the winner can't be contacted (or a winner does not contact the Promoter) by the prize claim date above, the relevant entry/ies will be discarded and the Promoter will re-award the relevant prize/s to Reserve Entrant/s and/or carry out an unclaimed prize draw at the date, time and place stated above to randomly distribute the prize. Any winning Businesses will be informed:

  • by phone; and
  • in writing

within two days of determination.

If any prize remains un-won at the end of this promotion, or if a prize winner cannot be found, that information will be published on the

https://www.albconnect.com.au/storefront/sga/en/AUD/promotion-winners on 03/12/2021


Collection and use of your personal information

If you are a winner, you and your Business must take part in all publicity, photography and other promotional activity as the Promoter requires, without any compensation. You/your Business consent to the Promoter using your name, indicia and image in any promotional or advertising activity.

The Promoter may collect your personal information directly or through its agents or contractors. The Promoter will use your personal information to conduct and manage the competition. The Promoter may disclose your personal information to its related companies, agents and contractors to assist in conducting this competition, communicating with you or storing data. This may include disclosures to organisations outside Australia including in places such as New Zealand and the Phillipines.

By entering, you consent to the Promoter keeping your personal information on its database to use for future marketing purposes, including contacting you by electronic messaging. By entering, you consent to receive email or SMS messages from the Promoter without any functional unsubscribe facility.

The Promoter’s Privacy Policy (see http://www.asahi.com.au/privacy) includes information about:

  1. how to seek access to the personal information the Promoter holds about you and seek correction of the information; and
  2. how to complain about a privacy breach and how the Promoter will deal with such a complaint.

Permit numbers

Authorised under:

ACT Permit No. TP21/00621.2

SA Licence No. T21/573

NSW Authority No. TP/00957.

  1. These Terms and Conditions incorporate and must be read together with the details outlined in the table above. Information about prizes and how to enter forms part of these Terms and Conditions. By entering, you accept these Terms and Conditions.
  2. Entry

  3. Your entry must be received during the Competition Period and will be deemed to be received only when received by the Promoter. Entry forms from any other competition cannot be used for this competition, and are void if copied, forged, stolen or interfered with. Where relevant, submitted entry forms are the Promoter's property. If you return a Qualifying Purchase your entry may be deemed invalid at the Promoter's discretion (unless the product is defective). If you enter using automatically generated entries or multiple phone numbers/email addresses/addresses/aliases, you may be disqualified.
  4. If you or your entry are deemed by the Promoter to breach these Terms and Conditions, including if the Promoter considers the winning Business to have a bad credit history or be a credit risk, due to breaching or having at any time breached credit arrangements with the Promoter your entry may be discarded.
  5. Prizes

  6. Prize/s and all elements of prize/s must be taken as and when offered or will be forfeited, and if forfeited, the Promoter will not be liable. Prize/s are subject to any additional terms and conditions imposed by the relevant supplier or the Promoter, including, as relevant:
    1. validity period/s;
    2. booking and availability of flights, accommodation and events;
    3. conditions of travel and conditions of entry into any event venues (including behaviour requirements and applicable dress codes);
    4. conditions of ticket validity and any restrictions on ticket on-sale or transfer;
    5. travel dates and specified travel exclusion periods;
    6. any additional fees (payable by you) relating to changes made by you/your companion to a travel/event prize after it has been booked;
    7. the requirement to obtain all necessary documents to travel to any overseas location specified, including a current and valid passport and any visas required;
    8. a requirement to present your credit card when checking in to accommodation; and
    9. a requirement that any person taking the prize that is aged under 18 years old must be accompanied by their parent or guardian at all times.
  7. You/your companion/s are responsible for all other unspecified costs related to the prize, including meals, transport, insurance (including excesses), in-room charges, additional taxes, mobile or data plans, installation costs, costs associated with ongoing use of the prize, etc. Event tickets can only be used once and will be deemed invalid if copied. The Promoter does not control entry to the relevant event location. The winner/s must keep their tickets safe and the Promoter will not replace lost or stolen tickets.
  8. The Promoter is not responsible for any dispute between you and any person with whom you choose to, or choose not to, share the prize.
  9. Where relevant, the Promoter accepts no responsibility if one or more of the events or activities awarded as part of the prize are abandoned, called off or postponed for any reason. In that case you/your companion/s forfeit your entitlement to that event/activity. Similarly, while the Promoter will make all reasonable efforts to ensure the participation of any specified celebrity/ies in the prize element/s, the Promoter and prize suppliers exclude, so far as legally permissible, all liability if for any reason the celebrity/ies do not attend the prize element/s due to circumstances beyond the reasonable control of the Promoter and prize suppliers (e.g. illness). Unless otherwise specified by the Promoter, you will not be given cash or any alternative prize as a substitute for this altered prize element.
  10. General

  11. Any failure by you or (if applicable) your companion/s to comply with the conditions imposed by the prize supplier(s) may result in the prize being cancelled or withdrawn without liability for the Promoter or the prize supplier(s).
  12. For event-based/travel prizes, you and (if applicable) your companion/s accept that some aspects of the prize may be inherently risky and that the prize may involve dangerous activities.
  13. If specified, in order to participate in the activity/activities awarded as part of the prize, you/your companion/s must comply with any applicable conditions (e.g. height, weight, health and fitness requirements). You must ensure that you/your companion/s are healthy and fit enough to take the prize. You/your companion/s must follow all requirements of the people responsible for managing the relevant activity/ies.
  14. You/your companion/s must, if required by the Promoter, sign disclaimer and release forms provided by the Promoter in favour of the Promoter and other parties before taking the prize. If you or any companion/s do not sign, your entry will be deemed invalid and you will lose any entitlement to a prize.
  15. If you or your entry are deemed by the Promoter to breach these Terms and Conditions including if the prize is on set dates and you are unable to take the prize on the relevant date/s, your entry (or at the Promoter's discretion, all of your entries) may be discarded. The Promoter may, at any time, require you to produce documentation to establish to the Promoter's satisfaction the validity of your entries (including documentation establishing your identity, age, place of residence and place of employment). Failure by the Promoter to enforce any of its rights at any stage does not waive those rights.
  16. You must not:
    1. tamper with the entry process;
    2. engage in any conduct that may jeopardise the fair and proper conduct of the competition;
    3. act in a disruptive, annoying, threatening, abusive or harassing manner;
    4. do anything that may diminish the good name or reputation of the Promoter or any of its related entities or of the agencies or companies associated with this competition;
    5. breach any law; or
    6. behave in a way that is otherwise inappropriate.
  17. If companion/s can take the prize with you, you are responsible for your companion/s and the Promoter may disqualify all entries from, and prohibit further participation in this competition by, you or any or all of your companion/s if they breach these conditions, whether or not legally bound by them.
  18. If you (or your companion/s, if applicable), in the opinion of the Promoter (and/or a medical professional, as relevant to the circumstances), are intoxicated, under the influence of alcohol or any other drug, behave aggressively or offensively, or behave in a manner which may diminish the good name or reputation of the Promoter or any of its related entities or the agencies or companies associated with this competition, is contrary to law or is otherwise inappropriate, the Promoter may cancel the prize or restrict you (and your companion/s) from participating in any elements of the prize, at its discretion.
  19. The Promoter is not liable for entries, prize claims or correspondence that are misplaced, misdirected, delayed, lost, incomplete, illegible or incorrectly submitted including failure of any third parties to forward entry forms for inclusion in the draw, where relevant.
  20. If any dispute arises between you and the Promoter concerning the conduct of this promotion or claiming a prize, the Promoter will take reasonable steps to consider your point of view, taking into account any facts or evidence you put forward, and to respond to it fairly within a reasonable time. In all other respects, the Promoter’s decision in connection with all aspects of this competition is final.
  21. Prizes cannot be transferred or exchanged nor (except where cash is specified) redeemed for cash. Without limiting any other term of these Terms and Conditions, all prizes (and elements of prizes) must be taken as and when specified, or will be forfeited with no replacement. The prize values are correct as at the date of preparing these Terms and Conditions and include any applicable GST. The Promoter is not responsible for any change in prize value. You agree that if a prize (or element of a prize) is unavailable for any reason the Promoter may provide another item of equal or higher value, subject to any necessary approval by the state/territory gaming authorities.
  22. If publication will take place, by entering, you request that your full address not be published.
  23. If this competition cannot run as planned for any reason beyond the Promoter's control, for example due to software, hardware or communications issues, unauthorised intervention, tampering, fraud or technical failure, the Promoter may end, change, suspend or cancel the competition or disqualify affected entries/entrants, subject to any necessary approval by the state/territory gaming authorities.
  24. The Promoter is not responsible for any tax implications arising from you winning a prize. You should seek independent financial advice. If for GST purposes this competition results in any supply being made for non-monetary consideration, you must follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
  25. Liability

  26. Nothing in these Terms and Conditions restricts, excludes or modifies any consumer rights under any statute including the Competition and Consumer Act 2010 (Cth).
  27. Subject to the previous paragraph, the Promoter and the agencies and companies associated with this competition are not liable (including in negligence) for any loss (including indirect, special or consequential loss or loss of profits), expense, damage, personal injury (including allergies, skin conditions or other reactions, as relevant), illness or death suffered in connection with this competition or any prize, except for any liability which under statute cannot be excluded (in which case that liability is limited to the greatest extent allowed by law).
  28. Without limiting the previous paragraph, the Promoter and the agencies and companies associated with this competition are not liable for any loss of, damage to or delay in delivery of prize/s, or for any damage that occurs to displayed prize/s (where relevant). Unless otherwise specified, prize/s will only be delivered to addresses in Australia.
  29. This competition is in no way sponsored, endorsed or administered by, or associated with any social media platform, including Facebook, Instagram and Twitter. You provide your information to the Promoter and not to any social media platform. You completely release any relevant social media platforms from any and all liability.
Zero Your Bill Retail State Incentive
Zero Your Bill Retail State Incentive
Terms and Conditions
Promoter

Asahi Beverages Pty Ltd (ABN 51 004 243 994), 58 Queens Bridge Street, Southbank VIC 3006.


Who can enter?

Only Australian residents who:

  1. are aged 18 or over; and
  2. are a principal of a business (Business) invited to enter the competition.

Who can't enter?

Directors, officers, management and employees (and their immediate families) of:

  1. the Promoter; and
  2. the agencies, companies or participating premises associated with this competition (apart from Businesses).

Competition Period

Purchase Period: 12.01am (AEST) on 01/06/2021 to 11.59pm (AEST) on 30/06/2021.

Activation Period: 12.01am (AEST) on 01/07/2021 to 11.59pm (AEST) on 31/07/2021.


Qualifying Purchase

Any eligible Zero Sugar SKU's delivered during the Purchase Period, as listed below:

The following SKU's will be worth 5 entries:

  • Schweppes Lemonade Zero Sugar 600ml;
  • Mountain Dew Zero Sugar 600ml;
  • Sunkist Zero Sugar 600ml;
  • Solo Zero Sugar 600ml.

All other SKU's will be worth 1 entry:

  • Pepsi Max 600ml;
  • Pepsi Max Vanilla 600ml;
  • Pepsi Max Mango 600ml;
  • Pepsi Max Creaming Soda 600ml;
  • Gatorade No Sugar Berry, Glacier Freeze and Orange 600ml;
  • G-Active Berry, Mango & Lemon 600ml;
  • Cool Ridge 600ml or 750ml and Cool Ridge Sparkling Water 500ml; and
  • Red Bull Zero 250ml and Red Bull Sugar Free 250ml.

Entry instructions

To enter, a Business must:

  1. during the Purchase Period make a Qualifying Purchase from the Promoter in accordance with the instructions specified by the Promoter; and
  2. during the Activation Period:
    1. range the agreed Zero Sugar SKU's;
    2. have fridge set to planogram; and
    3. display (and keep on display throughout the Activation Period) and agree to any advertising material supplied by the Promoter for the activation.

Once the Promoter determines that you have successfully fulfilled the requirements listed above, your Business will receive an entry into the draw.

A representative of the Promoter will attend your Business and complete an audit to see if it has successfully fulfilled all of the requirements listed above. If the Promoter is not satisfied that it has, you may be disqualified in the Promoter's discretion.

Qualifying Purchase products must be used for resale by the Business.


How many winners will there be and how will they be chosen?

There will be 21 winners determined in respect of this competition – 3 per state.

The states are as follows:

  • NSW/ACT;
  • VIC;
  • TAS,
  • QLD,
  • SA,
  • WA; and
  • NT. (each, a State)

There will be 7 draws conducted – 1 per State.

The draws will commence at 12pm (AEST) on 05/08/2021 at Gadens Lawyers, Level 13, 447 Collins Street, Melbourne, Victoria 3000.

The first 3 valid entries drawn randomly in each draw from the entries received during the Competition Period for the relevant State will win a prize.

The Promoter may arrange to draw additional reserve entries in a draw and record them in order, in case a winning entry/entrant is deemed invalid or a prize is unclaimed (Reserve Entrants).


What can I win?

There are 21 prizes available – 3 per State.

Each prize is a credit on your Business account of any eligible Zero No Sugar SKU's delivered during the Purchase Period (as determined by the Promoter) for the winning Business, valued up to $300.

The prize will be credited to the winning Business' account within 28 business days of the Competition Period ending.


Who will the prize go to?

The prize will be awarded to the principal of the winning Business for the benefit of the winning Business.

Where a Business has multiple principals and those principals disagree about who is the entrant (or if there is confusion for any reason), the Promoter may decide which of them wins the prize. The Promoter's decision is final in this regard.

Total prize pool:

The total prize pool is $6,300.


How many times can I enter?

There is no limit on the number of entries a Business can receive/submit, provided each entry is submitted in accordance with these Terms and Conditions.


How and when will the winner/s be informed?

Winners and their participating Businesses will be notified:

  • by phone; and
  • in writing

within two days of determination by an Asahi Representative.


Unclaimed prize/s

Prize claim date: 5pm (AEDT) on 08/11/2021.

Unclaimed prize determination: 12pm (AEDT) on 09/11/2021 at the same location as the original draw.

If a prize has not been accepted or claimed by the prize claim date above or if, after making all reasonable attempts, the winner can't be contacted (or a winner does not contact the Promoter) by the prize claim date above, the relevant entry/ies will be discarded and the Promoter will re-award the relevant prize/s to Reserve Entrant/s and/or carry out an unclaimed prize draw at the date, time and place stated above to randomly distribute the prize. Any winning Businesses will be informed:

  • by phone; and
  • in writing

within two days of determination.

If any prize remains un-won at the end of this promotion, or if a prize winner cannot be found, that information will be published on the

https://www.albconnect.com.au/storefront/sga/en/AUD/promotion-winners on 08/12/2021


Collection and use of your personal information

If you are a winner, you and your Business must take part in all publicity, photography and other promotional activity as the Promoter requires, without any compensation. You/your Business consent to the Promoter using your name, indicia and image in any promotional or advertising activity.

The Promoter may collect your personal information directly or through its agents or contractors. The Promoter will use your personal information to conduct and manage the competition. The Promoter may disclose your personal information to its related companies, agents and contractors to assist in conducting this competition, communicating with you or storing data. This may include disclosures to organisations outside Australia including in places such as the USA, the UK, India and Germany.

By entering, you consent to the Promoter keeping your personal information on its database to use for future marketing purposes, including contacting you by electronic messaging. By entering, you consent to receive email or SMS messages from the Promoter without any functional unsubscribe facility.

The Promoter’s Privacy Policy (see http://www.asahi.com.au/privacy) includes information about:

  1. how to seek access to the personal information the Promoter holds about you and seek correction of the information; and
  2. how to complain about a privacy breach and how the Promoter will deal with such a complaint.
  1. These Terms and Conditions incorporate and must be read together with the details outlined in the table above. Information about prizes and how to enter forms part of these Terms and Conditions. By entering, you accept these Terms and Conditions.
  2. Entry

  3. Your entry must be received during the Competition Period and will be deemed to be received only when received by the Promoter. Entry forms from any other competition cannot be used for this competition, and are void if copied, forged, stolen or interfered with. Where relevant, submitted entry forms are the Promoter's property. If you return a Qualifying Purchase your entry may be deemed invalid at the Promoter's discretion (unless the product is defective). If you enter using automatically generated entries or multiple phone numbers/email addresses/addresses/aliases, you may be disqualified.
  4. If you or your entry are deemed by the Promoter to breach these Terms and Conditions, including if the Promoter considers the winning Business to have a bad credit history or be a credit risk, due to breaching or having at any time breached credit arrangements with the Promoter your entry may be discarded.
  5. Prizes

  6. Prize/s and all elements of prize/s must be taken as and when offered or will be forfeited, and if forfeited, the Promoter will not be liable. Prize/s are subject to any additional terms and conditions imposed by the relevant supplier or the Promoter, including, as relevant:
    1. validity period/s;
    2. booking and availability of flights, accommodation and events;
    3. conditions of travel and conditions of entry into any event venues (including behaviour requirements and applicable dress codes);
    4. conditions of ticket validity and any restrictions on ticket on-sale or transfer;
    5. travel dates and specified travel exclusion periods;
    6. any additional fees (payable by you) relating to changes made by you/your companion to a travel/event prize after it has been booked;
    7. the requirement to obtain all necessary documents to travel to any overseas location specified, including a current and valid passport and any visas required;
    8. a requirement to present your credit card when checking in to accommodation; and
    9. a requirement that any person taking the prize that is aged under 18 years old must be accompanied by their parent or guardian at all times.
  7. You/your companion/s are responsible for all other unspecified costs related to the prize, including meals, transport, insurance (including excesses), in-room charges, additional taxes, mobile or data plans, installation costs, costs associated with ongoing use of the prize, etc. Event tickets can only be used once and will be deemed invalid if copied. The Promoter does not control entry to the relevant event location. The winner/s must keep their tickets safe and the Promoter will not replace lost or stolen tickets.
  8. The Promoter is not responsible for any dispute between you and any person with whom you choose to, or choose not to, share the prize.
  9. Where relevant, the Promoter accepts no responsibility if one or more of the events or activities awarded as part of the prize are abandoned, called off or postponed for any reason. In that case you/your companion/s forfeit your entitlement to that event/activity. Similarly, while the Promoter will make all reasonable efforts to ensure the participation of any specified celebrity/ies in the prize element/s, the Promoter and prize suppliers exclude, so far as legally permissible, all liability if for any reason the celebrity/ies do not attend the prize element/s due to circumstances beyond the reasonable control of the Promoter and prize suppliers (e.g. illness). Unless otherwise specified by the Promoter, you will not be given cash or any alternative prize as a substitute for this altered prize element.
  10. General

  11. Any failure by you or (if applicable) your companion/s to comply with the conditions imposed by the prize supplier(s) may result in the prize being cancelled or withdrawn without liability for the Promoter or the prize supplier(s).
  12. For event-based/travel prizes, you and (if applicable) your companion/s accept that some aspects of the prize may be inherently risky and that the prize may involve dangerous activities.
  13. If specified, in order to participate in the activity/activities awarded as part of the prize, you/your companion/s must comply with any applicable conditions (e.g. height, weight, health and fitness requirements). You must ensure that you/your companion/s are healthy and fit enough to take the prize. You/your companion/s must follow all requirements of the people responsible for managing the relevant activity/ies.
  14. You/your companion/s must, if required by the Promoter, sign disclaimer and release forms provided by the Promoter in favour of the Promoter and other parties before taking the prize. If you or any companion/s do not sign, your entry will be deemed invalid and you will lose any entitlement to a prize.
  15. If you or your entry are deemed by the Promoter to breach these Terms and Conditions including if the prize is on set dates and you are unable to take the prize on the relevant date/s, your entry (or at the Promoter's discretion, all of your entries) may be discarded. The Promoter may, at any time, require you to produce documentation to establish to the Promoter's satisfaction the validity of your entries (including documentation establishing your identity, age, place of residence and place of employment). Failure by the Promoter to enforce any of its rights at any stage does not waive those rights.
  16. You must not:
    1. tamper with the entry process;
    2. engage in any conduct that may jeopardise the fair and proper conduct of the competition;
    3. act in a disruptive, annoying, threatening, abusive or harassing manner;
    4. do anything that may diminish the good name or reputation of the Promoter or any of its related entities or of the agencies or companies associated with this competition;
    5. breach any law; or
    6. behave in a way that is otherwise inappropriate.
  17. If companion/s can take the prize with you, you are responsible for your companion/s and the Promoter may disqualify all entries from, and prohibit further participation in this competition by, you or any or all of your companion/s if they breach these conditions, whether or not legally bound by them.
  18. If you (or your companion/s, if applicable), in the opinion of the Promoter (and/or a medical professional, as relevant to the circumstances), are intoxicated, under the influence of alcohol or any other drug, behave aggressively or offensively, or behave in a manner which may diminish the good name or reputation of the Promoter or any of its related entities or the agencies or companies associated with this competition, is contrary to law or is otherwise inappropriate, the Promoter may cancel the prize or restrict you (and your companion/s) from participating in any elements of the prize, at its discretion.
  19. The Promoter is not liable for entries, prize claims or correspondence that are misplaced, misdirected, delayed, lost, incomplete, illegible or incorrectly submitted including failure of any third parties to forward entry forms for inclusion in the draw, where relevant.
  20. If any dispute arises between you and the Promoter concerning the conduct of this promotion or claiming a prize, the Promoter will take reasonable steps to consider your point of view, taking into account any facts or evidence you put forward, and to respond to it fairly within a reasonable time. In all other respects, the Promoter’s decision in connection with all aspects of this competition is final.
  21. Prizes cannot be transferred or exchanged nor (except where cash is specified) redeemed for cash. Without limiting any other term of these Terms and Conditions, all prizes (and elements of prizes) must be taken as and when specified, or will be forfeited with no replacement. The prize values are correct as at the date of preparing these Terms and Conditions and include any applicable GST. The Promoter is not responsible for any change in prize value. You agree that if a prize (or element of a prize) is unavailable for any reason the Promoter may provide another item of equal or higher value, subject to any necessary approval by the state/territory gaming authorities.
  22. If publication will take place, by entering, you request that your full address not be published.
  23. If this competition cannot run as planned for any reason beyond the Promoter's control, for example due to software, hardware or communications issues, unauthorised intervention, tampering, fraud or technical failure, the Promoter may end, change, suspend or cancel the competition or disqualify affected entries/entrants, subject to any necessary approval by the state/territory gaming authorities.
  24. The Promoter is not responsible for any tax implications arising from you winning a prize. You should seek independent financial advice. If for GST purposes this competition results in any supply being made for non-monetary consideration, you must follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
  25. Liability

  26. Nothing in these Terms and Conditions restricts, excludes or modifies any consumer rights under any statute including the Competition and Consumer Act 2010 (Cth).
  27. Subject to the previous paragraph, the Promoter and the agencies and companies associated with this competition are not liable (including in negligence) for any loss (including indirect, special or consequential loss or loss of profits), expense, damage, personal injury (including allergies, skin conditions or other reactions, as relevant), illness or death suffered in connection with this competition or any prize, except for any liability which under statute cannot be excluded (in which case that liability is limited to the greatest extent allowed by law).
  28. Without limiting the previous paragraph, the Promoter and the agencies and companies associated with this competition are not liable for any loss of, damage to or delay in delivery of prize/s, or for any damage that occurs to displayed prize/s (where relevant). Unless otherwise specified, prize/s will only be delivered to addresses in Australia.
  29. This competition is in no way sponsored, endorsed or administered by, or associated with any social media platform, including Facebook, Instagram and Twitter. You provide your information to the Promoter and not to any social media platform. You completely release any relevant social media platforms from any and all liability.
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