3mbs Vic Subscribers – Win The Prize (prize valued at $25)

TsCs – Gentleman_s Collection Melbourne Comedy Festival Promotion_9711522_8
© 2018 Gadens Lawyers 1
Gentleman’s Collection Melbourne Comedy Festival Promotion
Terms and Conditions
Promoter Treasury Wine Estates Australia Limited (ABN 78 145 321 320), Level 8, 161 Collins St
Melbourne VIC 3000.
Competition
Period
12.01am (AEDT) on 30/01/2019 to 11.59pm (AEDT) on 26/02/2019.
Who can enter? Only Australian residents who:
(a) are aged 18 or over;
(b) can take the prize between 06/04/2019 and 08/04/2019 (inclusive).
Who can’t enter? Directors, officers, management and employees (and their immediate families) of:
(a) the Promoter; and
(b) the agencies, companies or participating premises associated with this
competition.
Where will the
competition run?
The competition will run in participating Bottlemart and Sip’n Save outlets (excluding
online) (Outlets) in Australia.
Website www.bottlemart.com.au/gentlemans-collection-comedy or
www.sipnsave.com.au/gentlemans-collection-comedy (each, a Website).
Qualifying
Purchase
Any 750ml bottle of Lindeman’s Gentleman’s Collection wine.
Entry
instructions
To enter, you must, during the Competition Period after making a Qualifying Purchase
and collecting your itemised purchase receipt, visit the Website, locate the entry page and
fill out and submit the online entry form, including by uploading an image of the Qualifying
Purchase receipt and providing all other requested information.
Your purchase receipt must clearly identify where the Qualifying Purchase was made, the
product/s purchased (which must be/comprise a Qualifying Purchase) and the date of
purchase (which must be during the Competition Period before you submitted your entry).
The Promoter is not responsible if your mobile device/desktop is not sufficiently capable
for the purpose of submitting an entry, including having the requisite photograph
capability.
How many
winners will
there be and
how will they be
chosen?
There will be 1 winner determined in respect of this competition.
The draw will be held at 11am (AEDT) on 28/02/2019 at Immediate Pty Ltd, 191 Ferrars
Street, Southbank VIC 3006.
The first valid entry drawn randomly from the entries received during the Competition
Period will win the prize.
The Promoter may 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 is 1 prize available.
The prize is a trip for the winner and adult companion to attend the Melbourne
International Comedy Festival between 06/04/2019 and 08/04/2019 (the Event), valued
at up to $3,540 depending on the winner’s place of residence. See “Travel prize” section
below for further prize details.
Travel prize If you win the prize, your prize will be a trip for you and one adult companion to
Melbourne which includes the following:
(a) return economy airfares (including airfare taxes) from your nearest Australian
capital city to Melbourne and return transfers between Melbourne Airport and
the accommodation (flights and transfers are not included if you live in Victoria,
and if so, you and your companion must make your own way to and from the
accommodation at your own cost) for you and your companion;
(a) 2 nights’ accommodation at The Westin Melbourne for you and your
companion;
TsCs – Gentleman_s Collection Melbourne Comedy Festival Promotion_9711522_8
© 2018 Gadens Lawyers 2
(b) 4 tickets to attend 2 shows at the Melbourne International Comedy Festival,
with 1 ticket for you and your companion per show.
By accepting or participating in any prize, your companion accepts these Terms and
Conditions.
Total prize pool The total prize pool is up to $3,540.
How many times
can I enter?
You can enter up to 6 times per day, provided you only enter once per Qualifying
Purchase and per receipt. Each entry must be submitted separately in accordance with
these Terms and Conditions.
How and when
will the winner
be informed?
The winner will be notified:
by phone
in writing
within two days of determination.
The winner will have their name and state/territory of residence published:
on the Websites on 04/03/2019 for a period of 28 days.
Proof of
purchase
You must keep the following as proof of purchase for all entries:
original itemised purchase receipt(s).
If you don’t produce the above proof of purchase for all entries when asked the Promoter
may disqualify all of your entries and you will lose any right to a prize.
Proof of purchase must be identical to that provided by you with your entry.
If, in the Promoter’s opinion, you have shared any proof of purchase with another person,
your entries will be invalid and you will lose any right to a prize.
Unclaimed
prize/s
Prize claim date: 5pm (AEDT) on 11/03/2019.
Unclaimed prize determination: 11am (AEDT) on 12/03/2019 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 Promoter can’t contact a winner (or a winner does
not contact the Promoter) by the prize claim date above, the relevant entry 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. The winner will be informed:
by phone
in writing
within two days of determination.
The winner will have their name and state/territory of residence published:
on the Websites on 14/03/2019 for a period of 28 days.
Collection and
use of your
personal
information
If you are a winner, you and your companion must take part in all publicity, photography
and other promotional activity as the Promoter requires, without any compensation.
You/your companion consent to the Promoter using your names and images in any
promotional or advertising activity.
The information you/your companion provide will be used by the Promoter for the purpose
of conducting this competition and fulfilling the prize. The Promoter may collect your/your
companion’s personal information (including through its contractors or agents) and
disclose your/your companion’s personal information to its contractors and agents to
assist in conducting this competition or communicating with you/your companion. By
entering this competition, you consent to the storage of your personal information on the
Promoter’s database and the Promoter may use this information for future competition
and marketing purposes regarding its products, including contacting you via electronic
messaging. By entering this competition, you consent to receiving SMS or email
messages from the Promoter that do not contain any functional unsubscribe facility. The
Promoter is bound by the Privacy Principles in the Privacy Act 1988. If you have marked
the “opt-in” box on the entry form relating to Bottlemart and/or Sip’n Save using your
personal information for future marketing purposes, you consent to Bottlemart and/or
Sip’n Save (as relevant) keeping your personal information on their database and
contacting you by electronic messaging. You/your companion can request access to the
TsCs – Gentleman_s Collection Melbourne Comedy Festival Promotion_9711522_8
© 2018 Gadens Lawyers 3
personal information the Promoter holds about you by contacting the Promoter at the
address stated in the Promoter section of these conditions. The Promoter’s Privacy
Policy, located at https://www.tweglobal.com/privacy, contains information about:
(a) how you/your companion can seek access to the personal information the
Promoter holds about you/them and seek the correction of such information;
(b) how you/your companion can complain about a privacy breach and how the
Promoter will deal with such a complaint; and
(c) whether the personal information the Promoter holds about you/your
companion will be provided to overseas companies, and if so, in which
countries those companies are located.
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:
http://www.nhmrc.gov.au/_files_nhmrc/file/publications/synopses/ds10-alcohol.pdf. If this
competition is conducted in NSW, see also the NSW Liquor Competition Guidelines and
Intoxication Guidelines at http://www.olgr.nsw.gov.au/dlg_guidelines.asp. Where
relevant, your participation in this competition may be subject to the liquor serving policy
of businesses conducting the competition and/or providing the prize.
All advertising material for this competition will include a message regarding responsible
consumption of alcohol.
Permit numbers Authorised under:
ACT Permit No. TP18/02403
NSW Permit No. LTPS/18/30402
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.
Entry
2 Your entry must be received during the Competition Period and will be deemed to be received only when
received by the Promoter. If you return a Qualifying Purchase your entry may be deemed invalid at the
Promoter’s discretion (unless the product is defective). You will receive a return message confirming your
entry. The Promoter is not liable for any problems with communications networks. You are responsible
for your own costs associated with entering. If you enter using automatically generated entries or multiple
phone numbers/email addresses/addresses/aliases, you may be disqualified.
Prizes
3 The prize and all elements of the prize must be taken as and when offered or will be forfeited, and if
forfeited, the Promoter will not be liable. The prize is subject to any additional terms and conditions
imposed by the relevant supplier or the Promoter, including, as relevant:
(a) booking and availability of flights, accommodation and events;
(b) conditions of travel and conditions of entry into any event venues (including behaviour
requirements and applicable dress codes);
(c) conditions of ticket validity and any restrictions on ticket on-sale or transfer;
(d) travel dates and specified travel exclusion periods;
(e) any additional fees (payable by you) relating to changes made by you/your companion to a
travel/event prize after it has been booked;
(f) a requirement to present your credit card when checking in to accommodation; and
4 You/your companion 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 must keep their tickets safe and the Promoter will not replace lost or stolen tickets.
5 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.
TsCs – Gentleman_s Collection Melbourne Comedy Festival Promotion_9711522_8
© 2018 Gadens Lawyers 4
6 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 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.
General
7 Any failure by you or your companion 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).
8 If you or your entry are deemed by the Promoter to breach these Terms and Conditions including if you
are unable to take the prize on the relevant dates, 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.
9 You must not:
(a) tamper with the entry process;
(b) engage in any conduct that may jeopardise the fair and proper conduct of the competition;
(c) act in a disruptive, annoying, threatening, abusive or harassing manner;
(d) 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;
(e) breach any law; or
(f) behave in a way that is otherwise inappropriate.
10 You are responsible for your companion and the Promoter may disqualify all entries from, and prohibit
further participation in this competition by, you or your companion if they breach these conditions,
whether or not legally bound by them.
11 If you (or your companion), 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.
12 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.
13 The Promoter’s decision in connection with all aspects of this competition is final.
14 Prizes cannot be transferred or exchanged nor 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.
15 By entering, you request that your full address not be published.
16 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.
17 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.
TsCs – Gentleman_s Collection Melbourne Comedy Festival Promotion_9711522_8
© 2018 Gadens Lawyers 5
Liability
18 Nothing in these Terms and Conditions restricts, excludes or modifies any consumer rights under any
statute including the Competition and Consumer Act 2010 (Cth).
19 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).
20 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.
21 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.