TERMS & CONDITIONS
The Grey Goose Cocktail-2-Go Canning Kit On-Premise Activation is provided by Bacardi-Martini Australia Pty Ltd (ABN 40 103 911 146)
By participating in this Activation, you agree to these Terms and Conditions. You represent that you have the authority to, and do hereby, bind to these Terms and Conditions, and references to. If you do not have such authority, or if you do not agree to these Terms and Conditions, then you must not participate in this Activation.
To be eligible to participate in the Activation, you must: (A) be the operator of a venue which holds a current and valid liquor licence in your State/Territory; (B) have submitted a cocktail recipe via the BMA online portal at www.bacardimartiniaustralia.com.au/canning and have that cocktail recipe approved by BMA; (C) have submitted your venue vector logo and selected a can label design from the design options available on the BMA online portal; and (D) confirm that you have watched the step-by-step video for operating the canning machine[WL1] . BMA will then provide a Grey Goose branded canning machine and an initial [WL2] six-hundred pre-labelled cans and sticker sheets for applying to the cans (“Canning Kit”) to you. At no time does ownership in the canning machine transfer to you. The canning machine shall remain the property of BMA at all times. BMA reserves the right, at any time and in its sole discretion, to terminate the Activation, disqualify you from the Activation or request the return of the canning machine and any remaining cans to BMA.
You agree that your participation in this Activation and your use of the Canning Kit will be in accordance with BMA’s instructions including but not limited to:
strictly following and selling the approved cocktail recipes only. Under no circumstances will you sell a cocktail or beverage using the Canning Kit that is not a BMA-approved cocktail prepared strictly in accordance with that recipe using the exact ingredients and measurements of that recipe;
ensuring correct name of the cocktail, ingredients (as submitted to and approved by BMA), clear disclosure of any allergens, storage instructions, signature of the bartender who prepared the cocktail, and preparation and use by dates are labelled on the cans by way of the sticker sheets to be completed and applied to the cans in accordance with the requirements herein and as may be notified by BMA (provided that you agree and acknowledge that you accept full responsibility for ensuring all information on the sticker sheets is accurate and compliant with applicable legal requirements including in relation to allergen disclosure);[WL3]
Conducting the Activation and using the Canning Kit only within the time period specified by BMA;
selling the cocktails with regard to any recommended price as may be approved by BMA (provided that it is acknowledged that no minimum price can be or will be determined by BMA); and
complying with, and ensuring your personnel comply with, all operational and safety instructions [WL4] (including any as may be supplied by BMA) and all appropriate safety procedures related to use of the Canning Kit.
By participating in this Activation, you represent and warrant that:
you hold the required liquor licence in your State/Territory to participate in this Activation and you will comply with any limitations and conditions of that liquor licence;
you will follow any relevant public health orders or government restrictions including without limitation as related to COVID-19;
All personnel participating in this Activation have received the relevant food/drinks safety and handling training including but not limited to responsible service of alcohol training;
all personnel participating in this Activation will comply with all relevant food/drinks safety and handling procedures and requirements including but not limited to responsible service of alcohol;
you have and will maintain food safety and hygiene processes in place to reduce the risk of contamination and any other health and safety hazards; and
Any recipes or logos submitted by you as part of this Activation do not infringe any intellectual property rights or any other rights of any third party.
3. Handling Complaints
BMA is not a party to a transaction between you and your customers. Where a customer raises a query or complaint relating to the Activation, you must resolve the incident directly with the customer. You acknowledge that BMA will not be responsible for handling any customer complaints arising from this Activation. If you receive a complaint or demand or enquiry from a regulator, government body, health authority or similar party in relation to the Activation, you agree to notify us immediately.
4. Release of Liability
Once the Canning Kit has been provided to you, BMA has no control over the Activation as occurring at or over the conduct of individuals (including personnel) using the Canning Kit.
To the extent permitted by law, BMA, its officers, directors, employees and agents, exclude all liability to you or any third party for any claim, loss, damage, cost or expense (whether arising under statute, from negligence, personal injury, psychological trauma, death, property damage or otherwise) relating in any way to the Activation or your use of the Canning Kit or the goods supplied by you in connection with the Activation (including any injuries or health and safety implications arising out of the use or misuse of the Canning Kit).
To the extent permitted by law, you agree to defend, indemnify and hold harmless BMA, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorney's fees) arising from: (i) your participation in the Activation; (ii) your violation of any term of these Terms and Conditions; (iii) the sale, offering for sale and supply of goods by you in connection with the Activation; or (iv) any breach of any law by you, including but not limited to the applicable liquor legislation and the Australian Consumer Law.
You agree to bear all risk and responsibility for the Activation conducted at the and use of the Canning Kit and the goods supplied by you in connection with the Activation.