Accolade Wines & Hardy’s – Win Ashes Tickets Promotion Terms and Conditions (prize valued at $140)
Ts&Cs – Hardys Win Ashes Tickets Promotion_7765535_8.DOCX © 2017 Gadens Lawyers 1
Hardys Win Ashes Tickets Promotion
Terms and Conditions
Who is running the
The Promoter is Accolade Wines Australia Limited (ABN 86 008
273 907), Reynell Road, Reynella SA 5161. Phone: (08) 8392
Who can enter? Only Qld, SA, WA, VIC and NSW residents aged 18 or over who
can take the relevant prize on the date specified, can enter.
Who can’t enter? Directors, officers, management, employees, agents and
(a) the Promoter;
(b) Cricket Australia; or
(c) the agencies or companies associated with this
and their immediate families (ie spouse, partner, parent,
grandparent, natural or adopted child, and sibling (whether natural
or adopted by a parent), can’t enter.
When will the
competition start and
The overall competition runs between 6am (AEDT) on 27/10/17 and
11.59pm (AEDT) on 20/11/17. State/territory entry periods are as
the entry period for Qld entrants starts at 6am (AEDT) on
27/10/17 and ends at 11.59pm (AEDT) on 08/11/17 (Qld
the entry period for SA entrants starts at 6am (AEDT) on
27/10/17 and ends at 11.59pm (AEDT) on 14/11/17 (SA
Competition Period); and
the entry period for WA, VIC and NSW entrants starts at
6am (AEDT) on 27/10/17 and ends at 11.59pm (AEDT) on
20/11/17 (WA/VIC/NSW Competition Period),
each, a Competition Period.
Do I need to buy
anything to enter?
Entry instructions You must, during your relevant state/territory’s Competition Period,
(a) www.hardyswines.com/winashestickets (Website); or
(b) the mobile app hosted on the Hardy’s Wines AU
fill out and submit the online entry form, including by subscribing to
the Hardys Wines eNewsletter and providing all other requested
Second chance draw
You may be eligible to receive second chance draw entries by
nominating friends to be told about this competition by email and/or
social media in accordance with the instructions provided after you
submit your entry. For each friend that enters this competition
during their relevant state/territory’s Competition Period using your
unique URL code (as generated and specified by the Promoter),
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you will get 1 entry into the second chance draw.
There will be 5 state/territory draws conducted; 1 in respect of each
of Qld, SA, WA, VIC and NSW entrants. Each draw will be held at
12pm (AEDT) at 40 Lord Street Botany NSW, 2019.
All valid entries received from Qld entrants during the Qld
Competition Period will be entered into the Qld draw on 09/11/17.
All valid entries received from SA entrants during the SA
Competition Period will be entered into the SA draw on 15/11/17.
All valid entries received from WA/VIC/NSW entrants during the
WA/VIC/NSW Competition Period will be entered into either the WA
draw, the VIC draw or the NSW draw, as applicable, on 23/11/17.
There will be a total of 60 winners determined in respect of this
competition, as follows:
Qld draw: 10 winners;
SA draw: 15 winners;
WA draw: 5 winners;
VIC draw: 15 winners; and
NSW draw: 15 winners.
Winning entries will be drawn randomly in each draw from the
relevant entries received during the relevant state/territory’s
Competition Period. The entrant of each winning entry will win a
prize. Each prize is an adult VIP double pass to attend the Ashes
on a date as specified by the Promoter. Prizes will be awarded in
date order, beginning with the earliest date soonest. Winners will
not be able to choose the date of their ticket.
o 5 x prizes to attend day 1 (23/11/17) at Brisbane
Cricket Ground, Qld valued at $140 each; and
o 5 x prizes to attend day 2 (24/11/17) at Brisbane
Cricket Ground, Qld valued at $140 each.
o 5 x prizes to attend day 1 (02/12/17) at Adelaide
Oval, SA valued at $150 each;
o 5 x prizes to attend day 2 (03/12/17) at Adelaide
Oval, SA valued at $150 each; and
o 5 x prizes to attend day 3 (04/12/17) at Adelaide
Oval, SA valued at $150 each.
o 5 x prizes to attend day 2 (15/12/17) at WACA, WA
valued at $150 each.
o 5 x prizes to attend day 1 (26/12/17) at Melbourne
Cricket Ground, VIC valued at $198 each;
o 5 x prizes to attend day 2 (27/12/17) at Melbourne
Cricket Ground, VIC valued at $198 each; and
o 5 x prizes to attend day 3 (28/12/17) at Melbourne
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Cricket Ground, VIC valued at $198 each.
o 5 x prizes to attend day 1 (04/01/18) at Sydney
Cricket Ground, NSW valued at $198 each;
o 5 x prizes to attend day 2 (05/01/18) at Sydney
Cricket Ground, NSW valued at $198 each; and
o 5 x prizes to attend day 3 (06/01/18) at Sydney
Cricket Ground, NSW valued at $198 each.
See paragraphs 3-6 for further prize details.
The Promoter may draw additional reserve entries in each draw
and record them in order, in case a winning entry/entrant is deemed
invalid, or a prize is unclaimed (Reserve Entrants).
Tickets will be mailed to each winner via registered mail and will
need to be signed for, following proof of age being provided to the
Promoter by each winner in accordance with the instructions
Second chance draw
winners and prizes
There will be 13 second chance draw winners determined in
respect of this competition. The second chance draw will be held at
12pm (AEDT) on 23/11/17 at 40 Lord Street Botany NSW, 2019.
The first 13 valid entries drawn randomly from all second chance
draw entries will each win a second chance draw prize. Each
second chance draw prize is a 750ml bottle of Hardys Tintara
Cabernet Sauvignon and a 750ml bottle of Hardys Tintara Shiraz
valued in total at $56.
The Promoter may draw additional reserve entries in the second
chance draw and record them in order, in case a winning
entry/entrant is deemed invalid, or a prize is unclaimed (Reserve
Total prize pool The total prize pool is $11,068, broken down as follows:
Qld draw: $1,400;
SA draw: $2,250;
WA draw: $750;
VIC draw: $2,970;
NSW draw: $2,970; and
Second chance draw: $728
How many times can I
You can only enter the draw for your state/territory once, and you
can receive multiple entries into the second chance draw provided
all entries are made in accordance with these Terms and
How and when will the
winners be informed?
If you are a winner, you will be informed in writing by email within
two days of the relevant draw and your name and state/territory of
residence will be published on the Website and on the Facebook
Page on the day after the relevant draw (i.e. 10/11/17, 16/11/17 or
24/11/17, as relevant).
Prizes will be posted using the address information provided on the
entry form, unless the winner provides an alternative address at the
time they are notified as being a winner. If prizes are not suitable
for posting, the Promoter will determine the best delivery method.
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The Promoter and Cricket Australia accept no responsibility for any
lost or misdirected mail, or any damage to prizes caused in transit.
If I win, when must I
claim my prize?
You must claim your state/territory prize as follows:
Qld winners, by 5pm (AEDT) on 13/11/17;
SA winners, by 5pm (AEDT) on 20/11/17; and
WA/VIC/NSW winners, by 5pm (AEDT) on 27/11/17.
You must claim your second chance draw prize by 5pm (AEDT) on
What if I don’t claim my
prize on time?
If a prize has not been accepted or claimed by the relevant claim
time and date or if, after making all reasonable attempts, the
Promoter can’t contact the drawn winner (or the drawn winner does
not contact the Promoter) by this time and date, the relevant entry
will be discarded and the Promoter will re-award the relevant
prize/s to relevant Reserve Entrant/s and/or carry out an unclaimed
prize draw at 12pm (AEDT) on the next business day after the
relevant claim date (i.e. 14/11/17, 21/11/17, 28/11/17 or 26/02/18,
as relevant) at the same location as the original draw to distribute
the relevant prize.
Any such winner/s will be informed in writing by email within two
days of the relevant draw and their name and state/territory of
residence will be published on the Website and on the Facebook
Page on the day after the relevant draw (i.e. 15/11/17, 22/11/17,
29/11/17 or 27/02/18, as relevant).
Permit numbers Authorised under NSW Permit No. LTPS/17/19073.
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.
2 Your entry must be received during the Competition Period. Your entry is deemed to be
received only when received by the Promoter’s database. You will receive a return
online message confirming your entry. The Promoter and Cricket Australia are 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 aliases you may be disqualified.
3 Each prize must be taken on the date and at the location as advised by the Promoter.
You and your companion must make your own way to and from that location. You and
your companion are responsible for all other costs related to the prize, including any
meals and transfer costs. The prize is subject to any additional conditions specified by
the Promoter and/or prize supplier(s) including any conditions of entry into the relevant
match location (e.g. behaviour requirements and applicable dress codes), any
conditions of ticket validity and any restrictions on ticket on-sale or transfer. 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
Cricket Australia. Tickets can only be used once and will be deemed invalid if copied.
The Promoter does not control entry to the relevant match location. You must keep your
tickets safe and the Promoter will not replace lost or stolen tickets.
4 Cricket Australia reserves the right in its absolute discretion to change or amend the
International Cricket fixture without notice. Neither the Promoter nor Cricket Australia
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accept responsibility for the cancellation or delay of any cricket match connected with
this competition for any reason beyond the control of the Promoter or Cricket Australia.
5 By entering this competition entrants agree to comply, and ensure that each subsequent
ticket holder complies, with the ticket conditions which accompany any tickets won in
conjunction with the competition. Entrants also agree to comply, and ensure that each
subsequent ticket holder complies, with Cricket Australia’s Ticket and Entry Conditions,
Entry to a Venue and Attendance at a Match 2017-18 supplemented by conditions of
entry imposed by the venue operator. The Promoter will provide every person attending
the match as part of the competition with a copy of Cricket Australia’s Conditions of
Ticket Purchase, Entry to a Venue and Attendance at a Match 2017-18 with delivery of
the prize tickets. Cricket Australia Approval code: 231.
6 The Promoter and Cricket Australia accept no responsibility if any match is abandoned,
called off or postponed for any reason and you and your companion will not be given
any cash or alternative tickets as a substitute for attending the event.
7 If you are a winner, you (and your companion) must take part in all publicity,
photography and other promotional activity as the Promoter and/or Cricket Australia
requires, without any compensation. You (and your companion) consent to the
Promoter and Cricket Australia using your names and images in any promotional or
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 date as specified, 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
(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,
Cricket Australia or any of their 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/s 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, if applicable), in the opinion of the Promoter (and/or a
medical professional, as required), 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) 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.
13 The Promoter’s decision in connection with all aspects of this competition is final and no
correspondence will be entered into with unsuccessful entrants.
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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 and Cricket Australia are 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 By accepting or participating in any prize, your companion accepts these Terms and
17 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.
18 The Promoter and Cricket Australia are not responsible for any tax implications or
liabilities 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.
19 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:
also the NSW Liquor Competition Guidelines and Intoxication Guidelines at
20 Nothing in these Terms and Conditions restricts, excludes or modifies any consumer
rights under any statute including the Competition and Consumer Act 2010 (Cth).
21 Subject to the previous paragraph, the Promoter, Cricket Australia 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, 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).
22 The Promoter, Cricket Australia and the agencies and companies associated with this
competition (collectively, the Released Parties) are not responsible for use of a prize
which results in:
(a) loss that was not reasonably foreseeable;
(b) loss that was not caused by a breach of these Terms and Conditions by any
Released Party or by any Released Party’s negligence;
(c) business losses (such as lost data, lost profits or business interruptions) or loss
suffered by non-consumers;
(d) losses caused by factors which could reasonably be considered to be outside
the Released Parties’ control (such as faults in third party equipment); and
(e) any loss caused, or contributed to, by an entrant’s breach of these Terms and
Conditions or an entrant’s negligence.
23 Without limiting the previous paragraph, the Promoter, Cricket Australia and the
agencies and companies associated with this competition are not liable for any loss of,
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damage to or delay in delivery of prizes. Prizes will only be delivered to addresses in
24 This competition is in no way sponsored, endorsed or administered by, or associated
with, Facebook or Instagram. You provide your information to the Promoter and not to
Facebook or Instagram. Any questions, comments or complaints about this competition
must be directed to the Promoter and not to Facebook or Instagram. You completely
release Facebook and Instagram from any and all liability except for any liability which
cannot be excluded by law.
Collection and use of your personal information
25 The information you provide will be used by the Promoter for the purpose of conducting
this competition and communicating with you as a member of the Hardys Wines
eNewsletter database. The information your companions provide will be used by the
Promoter for the purpose of fulfilling the prize and otherwise administering this
competition. The Promoter may collect your or your companions’ personal information
(including through its contractors or agents) or disclose your or your companions’
personal information to its contractors and agents to assist in conducting this
competition or communicating with you or your companions. You consent to the storage
of your personal information on the Promoter’s database and the Promoter may use this
information for future promotional and marketing purposes regarding the Promoter’s
products including contacting you via electronic messaging (and you consent to
receiving SMS or email messages from the Promoter that do not contain any functional
unsubscribe facility). You or your companions’ can update your personal information or
request access to the personal information the Promoter holds about you by contacting
the Promoter. All correspondence should be to the attention of the Privacy Officer. A
Promoter’s website at www.accolade-wines.com and contains information about:
a) how you or your companions can seek access to the personal information the
Promoter holds about you/them and seek the correction of such information;
b) how you or your companions can complain about a privacy breach and how the
Promoter will deal with such a complaint; and
c) whether your or your companions’ personal information the Promoter holds will be
provided to overseas companies, and if so, in which countries those companies
26 If you have selected the option to receive information and offers from Cricket Australia,
you understand and agree that Cricket Australia also collects your personal information,
including on behalf of State or Territory cricket associations, including the Big Bash
League teams (together, Australian Cricket) to communicate with you, and for any of
www.cricket.com.au/privacy or by emailing email@example.com), and that the
personal information you provide will be disclosed to and used by Australian Cricket
how you may access and seek to correct your personal information or complain about a
breach of your privacy, and how Australian Cricket will deal with that complaint.
Australian Cricket may disclose your personal information to other parties, including
Australian Cricket’s third party service providers. From time to time, these third parties
may be located (and so your personal information may be disclosed) overseas, including
in India, the USA and the UK, and other countries from time to time. Australian Cricket
may use and disclose your personal information for direct marketing purposes, unless
you opt out (which you can do at any time in accordance with Australian Cricket’s
receive those offers. You can request to access, update or correct any personal
information Australian Cricket holds about you by writing to Cricket Australia’s Privacy
Officer at 60 Jolimont Street, Jolimont, VIC, 3002 or sending an email to