Diageo Australia Ltd & BWS – Purchase Smirnoff to – Win a VIP Double Pass to The “groovin (prize valued at $400)

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“BWS SMIRNOFF GROOVIN THE MOO 2020” BWS PROMOTION
TERMS AND CONDITIONS
1. Information on how to enter and about prizes form part of these Terms and Conditions.
Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is only open to Australian residents aged 18 years or over. Employees (and their
immediate families) of the Promoter, BWS retailers and agencies associated with this
promotion are ineligible to enter and/or claim. Immediate family means any of the following:
spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption),
parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister,
step-brother, step-sister or 1st
cousin.
3. The promotion will be conducted in BWS retailers nationally between 01/01/20 and 11:59pm
AEDST on 15/02/20 (“Promotion Period”).
4. How to enter: To enter the promotion, entrants must, during the Promotional Period:
A) Spend $3.00 or more on any Smirnoff product in a single transaction at any BWS
retailer nationally (“Qualifying Transaction”); and
B) Visit www groovinwithsmirnoff.com.au, complete the online entry form including their
full name, telephone number and a valid and current email address, select the
“Groovin The Moo” festival location they would like to win tickets to, and submit the
completed form. Only one (1) location per entry can be selected.
5. The Promoter reserves the right, at any time, to verify the validity of entries and entrants
(including an entrant’s identity, age and place of residence) and reserves the right, in its sole
discretion, to disqualify any individual who the Promoter has reason to believe has breached
any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful
or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion.
Errors and omissions will be accepted at the Promoter’s discretion. Failure by the Promoter to
enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter’s
legal rights to recover damages or other compensation from such an offender are reserved.
6. Incomplete, indecipherable or illegible entries will be deemed invalid.
7. Multiple entries permitted, subject to the following: (a) limit of one (1) entry per person per day;
(b) limit of one (1) entry per Qualifying Transaction (regardless of much is spent on Smirnoff in
excess of $3.00); and (c) each entry must be submitted separately and in accordance with the
entry requirements.
8. Entrants must retain their original BWS purchase receipt(s) for all entries as proof of purchase.
Failure to produce the proof of purchase for all entries when requested may, in the absolute
discretion of the Promoter, result in invalidation of ALL of an entrant’s entries and forfeiture of
any right to a prize. Purchase receipt(s) must clearly specify that a Qualifying Transaction was
made during the Promotional Period but prior to entry.
9. The draw will take place at Anisimoff Legal, Suite 5, Erina Plaza, 210 Central Coast Highway,
Erina NSW 2250 at 3pm AEDST on 24/02/20. Winners will be notified by telephone and in
writing via email within two (2) business days of the draw and their names published on
26/02/20 at http://www.diageopromotions.com.au.
10. The Promoter’s decision is final and no correspondence will be entered into.
11. Entries will be divided into State groups depending on which festival location was indicated at
the time of entry as follows: NSW, ACT, QLD, SA, WA & VIC.
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12. The first valid entry drawn in each State group will each win a VIP double pass to the “Groovin
The Moo” 2020 festival in that State, valued at $400. Each VIP pass includes: access to special
access to V.I.P areas, including V.I.P toilets, V.I.P bar and phone charging station.
13. Each prize consists of tickets only and winners are responsible for their own travel to and from
the relevant festival location and any other necessary arrangements. The “Groovin The Moo”
festival locations for each State group are as follows, with exact dates to be determined and
advised to the winners but taking place between April and May 2020:
SA: Adelaide Showground, Wayville.
NSW: Maitland Showground, Maitland.
ACT: Exhibition Park, Canberra.
VIC: Prince of Wales Showground, Bendigo.
QLD: Murray Sports Complex, Townsville.
WA: Hay Park, Bunbury.
14. The total prize pool value for this promotion is $2,400.
15. The ‘Groovin The Moo” ticket prizes are subject to the event venue and ticket terms and
conditions, including any applicable age restriction. The Promoter and event organisers hereby
expressly reserve the right to eject any winner (and/or his/her companion/s) for any
inappropriate behaviour, including but not limited to intoxication, whilst participating in any
element of the prize.
16. The Promoter advocates the responsible service and consumption of alcohol. The Promoter
encourages consumers to drink responsibly. Legal aged consumers are advised to visit
www.drinkwise.org.au to get the facts on standard drinks and responsible drinking.
17. If for any reason a winner does not take the prize by the time stipulated by the Promoter, then
the prize will be forfeited.
18. If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the
prize with a prize to the equal value and/or specification, subject to any written directions from
a regulatory authority.
19. Prizes are not transferable or exchangeable and cannot be taken as cash unless specified
otherwise.
20. A draw for any unclaimed prizes will take place at the same time and place as the original draw
on 16/03/20, subject to any written directions from any regulatory authority. Winners in any
unclaimed prize draw will be notified by telephone and in writing by email within two (2) business
days of the draw and their names will be published on 18/03/20 at
http://www.diageopromotions.com.au.
21. If this promotion is interfered with in any way or is not capable of being conducted as reasonably
anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter
reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify
any entrant; or (b) subject to any written directions from a regulatory authority, to modify,
suspend, terminate or cancel the promotion, as appropriate, subject to any written directions
from any regulatory authority.
22. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude
or modify the statutory consumer guarantees as provided under the Competition and
Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer
protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except
for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the
Promoter (including its respective officers, employees and agents) excludes all liability
(including 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.
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23. Except for any liability that cannot by law be excluded, including the Non-Excludable
Guarantees, the Promoter (including its respective officers, employees and agents) is not
responsible for and excludes all liability (including 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: (a) any technical difficulties or equipment malfunction (whether or not
under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c)
any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after
their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;
(d) any variation in prize value to that stated in these Terms and Conditions; (e) if any “Groovin
The Moo” event is delayed, postponed or cancelled for any reason beyond the reasonable
control of the Promoter; (f) any tax liability incurred by any winner or entrant; or (g) use of a
prize.
24. The Promoter collects personal information (“PI”) in order to conduct the promotion and may,
for this purpose, disclose such PI to third parties, including but not limited to agents, contractors,
service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is
conditional on providing this PI. The Promoter will also use and handle PI as set out in its
Privacy Policy, which can be viewed at http://diageopromotions.com.au/privacy#cookies. In
addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may,
for an indefinite period, unless otherwise advised, use the PI for promotional, marketing,
publicity, research and profiling purposes, including sending electronic messages or
telephoning the entrant. The Privacy Policy also contains information about how entrants may
opt out of marketing, access, update or correct their PI, how entrants’ entrant can contact and
may complain about a breach of the Australian Privacy Principles. All entries become the
property of the Promoter. Unless otherwise indicated by the Promoter, the Promoter may
disclose PI to entities outside of Australia, and cannot guarantee that any overseas recipient
will not breach the Australian Privacy Principles. By entering the promotion entrants consent to
the overseas transfer on these terms as permitted by the Australian Privacy Principles and
agree that the Promoter is not liable in this regard.
25. Entrants grant the Promoter permission to communicate with them by email and/or SMS in
order to provide details of the prize and/or instructions as to how the winner is to claim the prize
and establish his/her entitlement to it.
26. The Promoter is Diageo Australia Limited of 162 Blues Point Road, McMahons Point, NSW,
2060, ABN 33 004 167 720. Consumer enquiries may be directed to 1800 789 344.
NSW Permit No. LTPS/19/40138