'Sip Smith St at Home' Competition T&Cs
1) Promotion Period. Sip Smith St at Home Competition (the “Promotion”) will begin at 9:00:00 a.m. Australian Eastern Daylight Time (“AEDT”) on 22 May 2025, and will end at 5:00:00 p.m. Australian Eastern Savings Time (“AEST”) on 17 July 2025 (the “Promotion Period”). The computer system of Smith St Coffee Roasters Pty Ltd (“Smith St Coffee Roasters” or “Sponsor”) is the official timekeeping device for the Promotion.
By participating in the Promotion, you acknowledge and agree that you have reviewed, accepted and agreed to be bound by these Official Rules, and subject to these Official Rules accept the decisions of the Sponsor as final and binding in all respects. Winning a prize is contingent upon you complying with these Official Rules.
2) Conduct of Promotion. This Promotion is subject to all applicable federal, state, territorial and local laws and regulations.
This Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram, Facebook or Breville®. Those entities are not a party to the Promotion and no claim can be brought against them in connection with the Promotion.
You understand that you are providing your information to the Sponsor and not to Instagram, Facebook or Breville®.
3) Sponsor. The Promotion is sponsored by:
Smith St Coffee Roasters
184 Victoria Road
Gladesville NSW 2111
Australia
ABN 15 667 918 667
Email Address: coffee@smithstreet.coffee
4) Eligibility. The Promotion is open only to legal residents of Australia. In order to enter the Promotion, you must be at least 18 years of age, at the time of entry.
Sponsor’s:
• subsidiaries and other related entities, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies; and
• each of those entities’ respective officers, directors and employees, as well as those person’s household members (whether or not related) and immediate family members (parents, step-parents, legal guardians, children, step-children, siblings, or spouses),
are ineligible to enter the Promotion or win a Prize.
5) How to Enter. To enter the Promotion, visit https://smithstreet.coffee/pages/sip-smith-st-at-home-competition-entry directly or via the QR code provided during the Promotion Period. Follow the instructions on the website to complete and submit an entry form online (the “Entry Form”) by providing, among other things, the entrant’s first name, last name, email, a picture or video (optional only), a star rating, a review title and a review. A second entry will be available to any entrant that follows either the Smith St Coffee Roaster Facebook or Instagram page.
All Entry Forms and Submissions become the property of the Sponsor.
Upon sending a completed Entry Form containing your Submission, you will receive one (1) entry into the Promotion. Multiple entries are permitted in accordance with these Official Rules.
6) Proof of submitting an entry does not constitute proof of receipt by Sponsor. By entering the Promotion and/or submitting any Entry Form and Submission, you hereby grant to Sponsor, its successors and assigns a worldwide, non-exclusive, perpetual, irrevocable, transferable, fully paid-up, royalty-free right and license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly perform, publish, create a derivative work from, and publicly display the Submission, or any portion thereof, in any media now known or later developed and for any purpose (collectively, the “Rights”). Entrants agree that Sponsor does not have any obligation to provide any compensation or attribution to entrants for their Submission or the licenses granted under the Rights. Entrants also consent to any use of their Submission which may otherwise infringe copyright or their moral rights pursuant to any copyright laws in Australia, including the Copyright Act 1968 (Cth). Entrants warrant to the Sponsor that they have the full authority to grant the Rights. Entries will not be returned to the entrant or acknowledged.
Entries submitted by script, macro or other automated or mechanical means, entries by any means which subvert the entry process, entries mechanically reproduced or created by artificial intelligence, and entries made in any fashion other than as specified in these Official Rules are void and will be disqualified. The Entry Form and Submission must be completed by the entrant.
All entries received after the Promotion Period are disqualified. Any attempt by entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations, or any other methods, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will void entrant’s entries and that entrant may be disqualified.
For the purposes of these Official Rules, entries will be deemed to have been made by the authorized account holder of the email address submitted in connection with the Entry Form at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
7) Submission Guidelines. Submissions must be: in English, twenty five (25) words or less, the original work of the entrant, not have been previously published, not have won previous awards, not be offensive, defamatory, inappropriate, obscene, indecent, contain hate speech or anything that is illegal, as determined by Sponsor or the Promotion’s judges in their sole and reasonable discretion, and not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity.
Sponsor reserves the right to disqualify any Submission by an entrant that it determines, in its reasonable discretion, breaches the above terms, is not in keeping with Sponsor’s reputation or image or that is otherwise not in compliance with these Official Rules. Incomplete or indecipherable entries will be deemed invalid. Sponsor may require an entrant to provide proof of eligibility under these Official Rules.
8) Winner Selection. The Winner Selection will take place at 184 Victoria Road Gladesville NSW 2018, Australia on July 18th, 2025, at 10:00 a.m. AEST. This is a game of chance and skill plays no part in determining the winner. All eligible Submissions will be entered into a draw and selected at random and by judged by an authority to have meet the criteria of entry.
In the event of a dispute concerning the identity of any winner, the winner’s entry will be deemed submitted by the natural person who is the authorized holder of the email account provided in the Entry Form at the time of entry. Winners may be required to provide Sponsor with proof that they are such authorized holders of the email account provided in the Entry Form in connection with their entry into the Promotion.
9) Prize. One (1) winner chosen from all eligible entries received during the Promotion Period will win the 1st prize - The Barista Express Machine and one box of Smith St Five Flavours Pack of 250g Blend; Three (3) winners chosen from all eligible entries received during the promotion period will win the 2nd prize - one box of Smith St Five Flavours Pack of 250g Blend; Six (6) winners chosen from all eligible entries received during the promotion period will win the 3rd prize – Either a Smith St 1kg Bag of Liscia or Up Up; Thirty (30) winners from all eligible entries received during the promotion period will win the 4th prize – Your Cafe Pays for Your Favourite Coffee limited to a single cup of coffee only. A bonus prize of one free coffee per eligible entrant for the first time you can say “Simply Sip Smith Street” 10 times in 10 seconds when placing your order.
Failure to comply with the Official Rules will result in forfeiture of the Prize.
The winner(s) is solely responsible for all costs and expenses associated with acceptance and use of the Prize; including, but not limited to (unless expressly stated otherwise in these Official Rules) desired upgrades/options and ongoing service costs.
Arrangements for delivery of the Prizes will be made after winners validation. Winner of the 1st prize must provide a valid Australian driver’s license and/or proof of identity (where applicable) in order to take delivery of the Prize.
If the winner declines to take delivery of the 1st Prize (or a portion of it) within a period specified by the Sponsor, the Prize (or that portion of the Prize) will be forfeited, and the entrant with the Submission chosen next may be named the winner of the Prize (or relevant portion of the Prize) at Sponsor’s sole discretion.
In accepting the 1st Prize of the Breville Barista Express, the winner acknowledges and agrees that operation of a has certain inherent risks of injury and harm to person and property.
10) Ancillary costs. All ancillary costs (if any) associated with redeeming the voucher awarded as part of the Prize are not included as part of the Prize.
Any unused balance of the voucher will not be provided as cash. Redemption of the voucher is subject to the terms and conditions of the issuer, including those specified on the voucher.
The winner must use the voucher within six (6) months of receiving it. The voucher may only be used to purchase items displayed for online purchase at Smith St Coffee Roasters website.
To the extent permitted by law, the Prize is awarded “AS IS” with no warranty or guarantee, either expressed or implied by Sponsor. Prize is subject to the terms and conditions of the issuer, and Sponsor will not replace any lost or stolen Prize.
Except where prohibited by law, the winner is solely responsible for all expenses not specifically included in these Official Rules and all federal, state, territorial, and/or local taxes, and fees in connection with the Prize.
The Prize is non-transferable, and no substitution by winner or cash equivalent is allowed unless otherwise specified in these Official Rules.
11) Winner Notification. Award of the Prize is subject to verification of the winner.
The prize winner will be notified by email at the email address supplied on the Entry Form on 21 July 2025 (the “Notification Date”).
If requested by the Sponsor, within two (2) business days of the Notification Date, the potential winner will be required to execute and return to Sponsor an Affidavit of Eligibility and Release (“Affidavit”) to claim the Prize.
If the prize winner cannot be contacted by the above means, fails to execute and return the Affidavit within the required time period (if requested by the Sponsor), or the Prize is returned as undeliverable, the Prize will be forfeited and may be awarded to the entrant next drawn from the submitted entries as determined by the Sponsor.
By participating in the Promotion, the winner consents to Sponsor’s use of winner’s name, image, likeness, photograph, voice, and city and state of residence both for the purpose of announcing the winners on Sponsor’s Instagram page (or elsewhere) and for promotional purposes in any media, worldwide. That consent is provided irrevocably and in perpetuity, without further notice, payment, or consideration to the winner.
12) Privacy. The Sponsor collects personal information of entrants. The Sponsor may disclose such personal information to third parties, including but not limited to agents, contractors, service providers and Prize suppliers, in order to conduct the Promotion.
Personal information of an entrant received by the Sponsor shall at all times be treated by Sponsor in accordance with Sponsor’s privacy policy, which is located at https://smithstreet.coffee/policies/privacy-policy. In accordance with those privacy policies, the Sponsor may, for an indefinite period, unless otherwise advised, use the personal information of an entrant for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. By participating in the Promotion, the entrant consents to receiving such electronic messages or telephone communications.
13) General Conditions. Participation in the Promotion constitutes entrant’s full and unconditional agreement to these Official Rules, including the Sponsor’s rights under these Official Rules.
The Sponsor reserves the right to disqualify any entrant who tampers with, cheats, deceives, or otherwise engages in unfair practices concerning the administration, operation or security of the Promotion or annoys, abuses, threatens or harasses any other entrant or Sponsor.
Any attempt by a person to deliberately damage any website or undermine the legitimate operation of the Promotion may be a violation of criminal and/or civil laws. Should such conduct occur, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
Sponsor’s failure to enforce or delay in enforcing any term of these Official Rules shall not constitute a waiver of that provision.
14) Limitation of Liability. Except for any liability that cannot by law be restricted, modified or excluded, including the Non-Excludable Guarantees (defined in clause 16 below), Sponsor assumes no responsibility or liability 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 late, lost, damaged, misdirected, incorrect or incomplete entries; (b) any errors in the offer or administration of the Promotion, including, but not limited to, errors in any Promotion-related materials, including all advertising for the Promotion, in these Official Rules and/or in the distribution of a Prize; (c) incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (d) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Promotion; (e) any technical malfunction, failure, error, omission, interruption, deletion, defect or delay in the operation of any equipment, systems, networks, lines, satellites, servers, camera, computers or providers utilized in any aspect of the Promotion; (f) inaccessibility or unavailability of any network or wireless service, the internet or website or any combination thereof; (g) suspended or discontinued internet, wireless or landline phone service; or (h) any injury or damage to entrant’s or to any other person’s computer or mobile device which may be related to or resulting from any attempt to participate in the Promotion or download of any materials in the Promotion.
15) Non-Excludable Guarantees. In respect of Australian resident entrants, nothing in these Official Rules limits, excludes, restricts or modifies or purports to limit, exclude, restrict or modify the statutory consumer guarantees and other non-excludable provisions under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law in Schedule 2 to that Act).
Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Sponsor (including its respective directors, officers, employees and agents) (“Released Persons”) excludes all liability (including, to the extent permitted, for 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 and/or as a result of the winner taking up and using any aspect of the Prize.
If the Promotion is not capable of running as planned for any reason, which may include without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, regularly scheduled maintenance, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, or any other reason, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion in whole or in part. In such an event, Sponsor shall immediately suspend the Prize award. Where applicable, Sponsor reserves the right to award the Prize using all known eligible entries received as of the date of termination of the Promotion in accordance with this clause in a manner deemed fair by Sponsor. Sponsor and Released Parties shall not have any further liability to any entrant in connection with the Promotion. No more than the number and value of Prizes listed in these Official Rules will be awarded.
16) Release. Except where prohibited by law (including by reason of the Non-Excludable Guarantees), by participating in the Promotion, entrants agree to release and hold harmless the Released Persons from and against any claim or cause of action arising out of the entrant’s participation in the Promotion or from the entrant’s receipt, acceptance, use or misuse of any Prize (“Claim”).
16) Force Majeure. The failure by the Sponsor to comply with any provision of these Official Rules due to an act of god, hurricane, epidemic, pandemic, war, terrorism, fire, riot, earthquake, actions of governmental authorities or any other reason outside the reasonable control of Sponsor shall not be considered a breach of these Official Rules.
17) Governing Law / Jurisdiction. The Promotion is subject to all applicable national, federal, territorial, state, and local laws of Australia.
Entrants consent to the jurisdiction and venue of the courts located in New South Wales, Australia for the resolution of any disputes, claims and causes of action arising out of or in connection with this Promotion or the Prize (individually, “Claim”).
18) Marketing Opt in/Opt out. By participating in the Promotion, you agree to receive marketing messaging, including email and mobile messaging, from Smith St Coffee Roasters. To opt out, please refer to our privacy policies referred to in clause 13 above. Alternatively, you can contact our Customer Service team at info@smithstreet.coffee. Entrants are able to opt out at any time.
19) Winner’s List. For the name of the prize winner, which will be available after winner confirmation is complete, visit Sponsor’s website at www.smithstreet.coffee.