Terms and Conditions

  1. Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  2. Entry is only open to Australian residents aged 18 years or over.
  3. Although the Snow Machine event is open to individuals aged 18 years or over, due to liquid licensing rules in Japan, individuals under the age of 20 will not be allowed to consume alcohol.
  4. Employees (and their immediate families) of the Promoter, and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
  5. Promotion commences on 06/02/2024. Entries close 11:59pm AEDT on 13/02/2024 (“Promotional Period”).
  6. Incomplete or indecipherable entries will be deemed invalid.
  7. To enter, individuals must complete the following steps during the Promotional Period:
    • Follow @minus.196 and @snowmachinefest on Instagram;
    • Locate the Promoter’s promotional post on Instagram; and
    • Like the post and tag a friend who you would like to take with you to Snow Machine and outline in 25 words or less, “Which act at Snow Machine are you most excited to see and why?”

    For clarity, entrants’ profiles must be set to public.

  8. Only one (1) entry permitted per person.
  9. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
  10. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
  11. The judging will take place at Liquid Ideas, Lv 1, 351 Crown St, Surry Hills NSW 2010 on 14/02/2024 by 11:00am AEDT. The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant. The winners will be notified by Instagram direct message. Winners must respond to this direct message within 72 hours of the message being sent in order to be a valid winner. If a winner does not respond within this timeframe, their prize will be forfeited and be awarded to a reserve winner. For clarity, the reserve winner will have 72 hours to respond to the direct message else they will forfeit their prize.
  12. This is a game of skill and chance plays no part in determining the winners. Each entry will be individually judged based on originality, literary and creative merit of the answer provided to the promotional question.
  13. The Promoter’s decision is final and no correspondence will be entered into.
  14. The two best valid entries as determined by the judges will each win a trip to Snow Machine 2024 in Hakuba, Japan for two (2) adults valued at up to $18,601.95 (depending on date and point of departure). Prize includes:
    • 2 x VIP tickets to Snow Machine 2024 in Hakuba, Japan;
    • 2 x return economy airfares from each winner’s nearest capital city to Tokyo, Japan;
    • Return private airport transfers from Tokyo Airport to accommodation near Tokyo Station for two (2) adults;
    • 2 x nights’ accommodation in a minimum 3 star Hotel in Tokyo (double or twin share), made up of one (1) night on arrival in Tokyo before the Snow Machine event and one (1) night after the Snow Machine event on departure from Tokyo;
    • 2 x return Shinkansen tickets from Tokyo to Nagano including reserved seating in ordinary class;
    • Return private transfers from Nagano Station to Snow Machine Festival in Hakuba, Japan;
    • 5 x nights’ in a minimum 3 star accommodation at Snow Machine Hakuba 2024 (double or twin share);
    • AU $1,000 spending money in the form of physical VISA Gift Cards;
    • 4-day Snow Machine lift pass;
    • 4-day Snow Machine ski/board hire;
    • 1 x Suntory -196 Double Lemon Snowboard; and
    • International travel insurance, including snow activities cover (subject to all travellers having no pre-existing medical conditions and being under 59 years of age).
  15. Additional spending money, meals, taxes (excluding airline and airport taxes), additional insurance, passports, visas, vaccinations, transport to and from departure point, additional transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. The winners must select a travel companion aged of 18 years or over. The winners and their travel companions must finalise the prize booking within 5 days of the date that they successfully claimed the prize and were verified as the valid winner. Frequent flyer points will not form part of the prize. The winner and their travel companion must depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter. Prize is subject to the standard terms and conditions of individual prize and service providers. The winner may be required to present their credit card at time of accommodation check in. Trip is scheduled to take place between 25/02/24 and 03/03/24, subject to flight availability. Each winner and their companion must travel together on the same flights and stay at the same property. No compensation or alternative travel plans will be arranged should the prize winners and/ or their travel companions miss their outbound or return flights or fail to meet any check in requirements for any reason. These costs will be the responsibility and expense of the winners and travel companions. Travel itinerary will be determined by the Promoter in its absolute discretion. Should the winners wish to extend their trips, permission must be sought from the Promoter who will decide in its absolute discretion. In the event the Promoter agrees for the winners to extend, all additional expenses to extend will be at the winners’ own expenses, including any additional cost to extend their travel insurance policy by additional days, to ensure continuity of cover for the full duration of the trip.
  16. The winners and their travel companions will each be required to fully complete a travel insurance application form provided by the Promoter and may also be required to undergo medical tests as required by the Promoter’s nominated travel insurer, in order to redeem the travel insurance element of the prize. Any person found guilty of insurance fraud or failure to honestly and accurately disclose all relevant insurance information at the time of applying for a travel insurance policy or when making a claim forfeits any rights or entitlements to the travel insurance element of the prize. Travel insurance will be provided by the Promoter’s nominated travel insurer, and subject to approval by the travel insurer. In the event that the Promoter’s nominated travel insurer refuses to issue insurance to the winners and travel companions, the winners forfeit that travel insurance element of the prize. Travel insurance is subject to the terms and conditions issued by the Promoter’s nominated travel insurer, including but not limited to any limitations on the covered amount.
  17. In the event of war, terrorism, state of emergency, government lockdown, pandemic, or any other kind of disaster or unforeseeable event beyond the Promoter’s reasonable control, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend, substitute or modify a prize, subject to any written directions from a relevant regulatory authority.
  18. The winners and their travel companions are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and other travel documentation (including, without limitation, proof of COVID-19 vaccination in an appropriate form, if required) at their own cost.
  19. If for any reason a winner does not take / redeem the prize (or an element of the prize) at/by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
  20. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification.
  21. The Snow Machine 2024 element of the prize is subject to the event venue and ticket terms and conditions, including any applicable age restriction. The Promoter and event organisers hereby expressly reserve the right to eject the winners (and/or their companions) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.
  22. Total prize pool value is $37,203.90.
  23. Prizes, or any unused portion of the prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
  24. Any ancillary costs associated with redeeming the gift cards are not included. Any unused balance of the gift cards will not be awarded as cash. Redemption of the gift cards is subject to any terms and conditions of the issuer including those specified on the gift cards.
  25. All transactions conducted overseas using the Visa Gift Cards provided will be converted into Australian dollars. Transactions will either be converted directly into Australian dollars or will be first converted from the currency in which the transaction was made into US dollars and then converted to Australian dollars by Visa Worldwide PTE Ltd (“Visa”). The conversion rate used is either: a) a rate selected by Visa from a range of wholesale rates for the applicable processing date, which may vary from the rate Visa receives; or b) the government-mandated rate in effect for the applicable processing date. In these circumstances, 3.5% of the total amount of each transaction will be deducted from your gift card at the same time you make a transaction on your gift card in a currency other than Australian dollars, or you make a transaction on your gift card in any currency (including AUD) that is processed by a card scheme or financial institution or billed by the merchant outside of Australia. This fee includes an amount payable by us to Visa as a processing fee. The fee is a percentage (3.5%) of the converted AUD amount of the transaction.
  26. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
    1. they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
    2. their Content shall not contain viruses or cause injury or harm to any person or entity;
    3. they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
    4. the Content is the original artistic and literary work of the entrant that does not infringe the rights of any third party;
    5. they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
    6. they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.
  27. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.

  28. As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
  29. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
  30. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
  31. Any cost associated with accessing the promotional post on Instagram is the entrant’s responsibility and is dependent on the Internet service provider used.
  32. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act (Cth), as well as any other implied warranties under the ASIC Act (Cth) or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
  33. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) if the Snow Machine 2024 event is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) use / taking of a prize.
  34. The Promoter collects personal information (“PI”) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.beamsuntory.com/en/privacy-policy. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. Unless otherwise indicated by the Promoter, the Promoter may disclose PI to entities outside of Australia (for a list of the countries, see the Promoter’s Privacy Policy), and cannot guarantee that any overseas recipient will not breach the Australian Privacy Principles. By entering the promotion entrants consent to the overseas transfer on these terms as permitted by the Australian Privacy Principles and agree that the Promoter is not liable in this regard.
  35. The Promoters are Beam Suntory Australia Pty Ltd (ABN 85 003 953 357) of Level 18, 100 Pacific Highway, North Sydney, 2060 and Falcona Events Pty Ltd (ABN 40 632 135 285) of Level 5, 2-12 Foveaux St, Surry Hills, 2010.