TERMS & CONDITIONS

Promoter

CUB Pty Ltd (ABN 76 004 056 106), 58 Queens Bridge Street, Southbank VIC 3006.

Who can claim?

Only Australian residents who are aged 18 or over and are invited by the Promoter to participate in this promotion.

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 offer.

Offer Period 

3.00Pm (AEDT) on 20/11/2023 to 6.00pm (AEDT) on 22/12/2023.

Venue 

The offer will run at the Balter Cerveza bar located at No. 25 Martin Place, Sydney

Website 

https://www.cervezainthecity.com.au/

Claim Instructions

To claim a gift, you must, during the Offer Period:

  1. receive an invitation from the Promoter to participate in the offer and register your details including mobile phone number to agree to participate in the offer (you only have to register once);
  2. visit the Website, locate the entry page and fill out and submit the online entry form to receive a promo code by SMS; and
  3. then before 6:00pm on the Friday of the same week you received the promo code, visit the Venue and when ordering at the Venue using Mr Yum insert the promo code at checkout to claim your gift.

The promo code is valid until 11.59pm on Friday of the same week you receive the promo code.

The Promoter is not responsible if your mobile device is not sufficiently capable for using Mr Yum in Venue and claiming the gift on Mr Yum.

What gift can I claim?

Each valid claim is entitled to a gift. Each gift is 1 x 375ml Balter Cerveza beer as available in Venue, to drink in Venue.

How many times can I claim?

You can claim 1 gift per week and per code. Each claim must be submitted separately in accordance with these Terms and Conditions.

Collection and use of your personal information

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 Philippines, New Zealand, the UK and the Netherlands.

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 provided that where required by the Spam Act 2003 (Cth), the Promoter includes a functional unsubscribe facility in each direct marketing communication it sends you that you may use to opt-out of any further such communications and provided that the functional unsubscribe facility complies with the Spam Regulations 2021 (Cth). By entering, you consent to receive email or SMS messages from the Promoter without any functional unsubscribe facility if they relate primarily to the conduct of this competition.

The Promoter's Privacy Policy (see 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.

Claimants' personal information may be collected by Mr Yum. Personal information will be stored on Mr Yum's databases. Mr Yum is bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth). Mr Yum's privacy policy which is located at www.mryum.com/privacy-policy-au. Mr Yum's privacy policy contains information about how the claimant may access, update and seek correction of the personal information Mr Yum holds about them and how the claimant may complain about any potential breach by Mr Yum of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with. Personal information collected from claimants will not be disclosed to any entity located outside of Australia.

Responsible drinking

Enjoy alcohol responsibly. Consider the safe drinking levels recommended in the National Health and Medical Research Council Australian Guidelines to Reduce Health Risks from Drinking Alcohol - see: https://www.nhmrc.gov.au/health-advice/alcohol.

All advertising material will include a message regarding responsible consumption of alcohol.


  1. These Terms and Conditions incorporate and must be read together with the details outlined in the table above. Information about gifts and how to claim forms part of these Terms and Conditions. By claiming, you accept these Terms and Conditions.

Claim

  1. Your claim must be received during the Offer Period and will be deemed to be received only when received by the Promoter.

Gifts

  1. Gift/s and all elements of gift/s must be taken as and when offered or will be forfeited, and if forfeited, the Promoter will not be liable. Gift/s are subject to any additional terms and conditions imposed by the relevant supplier or the Promoter, including, validity period/s.
  2. You are responsible for all other unspecified costs related to the gift, including mobile or data plans, installation costs, costs associated with ongoing use of the gift, etc.
  3. The Promoter is not responsible for any dispute between you and any person with whom you choose to, or choose not to, share the gift.
  4. Where alcohol is available as part of a gift, it will be served in line with the responsible service of alcohol guidelines carried out by the Venue/Outlet staff and management. The Promoter is not responsible for how a Venue/Outlet conducts and executes its responsible service of alcohol guidelines. Venue/Outlet staff and management reserve the right to refuse service of alcohol to any gift winner/s or their companion/s if they are deemed to be inebriated.

General

  1. If you or your claim are deemed by the Promoter to breach these Terms and Conditions, your claim (or at the Promoter's discretion, all of your claims) 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 claims (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.

  2. You must not:

    1. tamper with the purchase process (including but not limited to manipulating the system via bots, script use, or any other means to circumvent the purchase process);
    2. engage in any conduct that may jeopardise the fair and proper conduct of the offer;
    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 offer;
    5. breach any law; or
    6. behave in a way that is otherwise inappropriate.
  3. 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 offer, is contrary to law or is otherwise inappropriate, the Promoter may cancel the gift or restrict you (and your companion/s) from participating in any elements of the gift, at its discretion.
  4. The Promoter is not liable for claims, gift claims or correspondence that are misplaced, misdirected, delayed, lost, incomplete, illegible or incorrectly submitted including failure of any third parties to forward claim forms for inclusion in the draw, where relevant.
  5. If any dispute arises between you and the Promoter concerning the conduct of this promotion or claiming a gift, 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 offer is final.
  6. Gifts 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 gifts (and elements of gifts) must be taken as and when specified, or will be forfeited with no replacement. The gift 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 gift value. You agree that if a gift (or element of a gift) 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.
  7. Printing and other quality control errors outside the Promoter's control will not invalidate an otherwise valid gift claim. Every instant win gift claim in excess of the advertised gift pool will be honoured, unless the claim is rejected due to fraud or ineligibility under these Terms and Conditions.
  8. If this offer 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, government directives, a pandemic, public health orders and the like, the Promoter may end, change, suspend or cancel the offer or disqualify affected claims/claimants, subject to any necessary approval by the state/territory gaming authorities.
  9. The Promoter is not responsible for any tax implications arising from you winning a gift. You should seek independent financial advice. If for GST purposes this offer 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.

Liability

  1. Nothing in these Terms and Conditions restricts, excludes or modifies any consumer rights under any statute including the Competition and Consumer Act 2010 (Cth).
  2. Subject to the previous paragraph, the Promoter and the agencies and companies associated with this offer 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 offer or any gift, except for any liability which under statute cannot be excluded (in which case that liability is limited to the greatest extent allowed by law).
  3. Without limiting the previous paragraph, the Promoter and the agencies and companies associated with this offer are not liable for any loss of, damage to or delay in delivery of gift/s, or for any damage that occurs to displayed gift/s (where relevant).
  4. This offer 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.