EB Games – Win a Wine Advent

1. Information on how to enter and prize(s) form part of these conditions of entry. By entering
this competition, entrants agree to abide by these Terms and Conditions.
2. Entry is only open to Australian residents (excluding residents of Northern Territory) aged
18 years and over. Employees (and their immediate families) of the Promoter and its
agencies associated with this promotion are ineligible to enter. 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 first cousin.
3. Promotion commences on Monday 21 October 2019 at 5.30pm (AEST). Entries close at
11.59pm (AEST) on Sunday 3 November 2019 (the “Promotional Period”).
4. To be eligible to enter, individuals must have liked the De Bortoli Wines Instagram page
(@debortoliwines) and filled in the entry form and consented to join the De Bortoli
eNewsletter database during the Promotional Period.
5. To enter the promotion, entrants must:
Like the De Bortoli Wines Instagram page (@debortoliwines)
Fill in the entry form and consented to joining the De Bortoli eNewsletter database
6. The time of entry will in each case be the time each entry is submitted. The Promoter
accepts no responsibility for any late, lost or misdirected entries, or any entries not received
or included into the draw for any reason beyond the reasonable control of the Promoter due
to technical disruptions or any other failure, network congestion or for any other reason.
7. By entering this competition you agree that you have read and understood the De Bortoli
data notification statement located at
http://www.debortoli.com.au/footer/data-notification-statement/
8. Incomplete, indecipherable, illegible or late entries will be deemed invalid.
9. Only one (1) entry will be accepted by the same person.
10. Only one (1) prize per household is permitted.
11. The Promoter reserves the right, at any time to verify the validity of entries and entrants
(including the entrant’s identity, age and place of residence) and to disqualify any entrant
who submits an entry that is not in accordance with these Terms and Conditions or who
tampers with the entry process. Errors and omissions may 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.
12. If there is a dispute as to the identity of an entrant the promoter reserves the right in sole
discretion, to determine to identify if the entrant.
13. The winner will be notified on Tuesday 5 November. The winner will be notified by direct
message on Instagram and then announced on the De Bortoli Wines Win a Wine Advent
Calendar Competition webpage; www.debortoli.com.au/winadventcalendar2019
14. 5 winners will be chosen (at De Bortoli Sales and Marketing Office, 6-8 Research Drive,
Croydon VIC 3775) by a draw and each will win one (1) prize (see below).
15. Prize consists of 1 De Bortoli Wine Advent Calendar to the maximum value of $139.
16. All other costs and expenses associated with the prize beyond the specified prize
components listed here will be the responsibility of each winner.
17. Prize value for the daily prizes is in accordance with listed pricing from the suppliers or in
line with recommended retail pricing. The Promoter accepts no responsibility for any
variation in prize value. If the prizes are unavailable for whatever reason, the Promoter
reserves the right to substitute the prize for a prize of similar value.
18. The prize will be posted from De Bortoli Wines Head Office, De Bortoli Road, Bilbul NSW
2680.
19. Once the prize has been posted, De Bortoli Wines will take no responsibility for any
delay in delivery, or prizes damaged, delayed or lost in transit.
20. It is a condition of accepting the prize that the Winner must comply with all the conditions
of use of the prize and the prize supplier’s requirements.
21. The Promoter will not be liable for
any loss (including, without limitation, indirect, special or consequential loss or loss of
profits), expense, damage, personal injury or death which is suffered or sustained
(whether or not arising from any person’s negligence) in connection with this
promotion;
any theft, unauthorised access or third party interference;
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;
any tax liability incurred by a winner or entrant;
or accepting or taking of prize, except for any liability which cannot be excluded by
law (in which case that liability is limited to the minimum allowable by law).
22. Should an entrant’s contact details change during the promotional period, it is the
entrant’s responsibility to notify the Promoter. A request to access or modify any information
provided in an entry should be directed to the Promoter.
23. The Promoter reserves the right to verify the validity of entries and to disqualify any entry
which, in the opinion of Promoter, includes objectionable content, profanity, potentially
insulting, inflammatory or defamatory statements, disqualify any entrant who tampers with
the entry process, who submits an entry that is not in accordance with these Terms &
Conditions of Entry or who has, in the opinion of Promoter, engaged in conduct in entering
the Promotion which is fraudulent, misleading, deceptive or generally damaging to the
goodwill or reputation of the Promotion and/or Promoter. This includes, but not limited, to
entrants and households using multiple email addresses, or multiple social media accounts
to register single or multiple purchases. The Promoter reserves the right to disqualify a
winner if Promoter becomes aware that the winner and/or the winner’s entry is of a type
described in this clause.
24. All entries become the property of the Promoter. The Promoter collects personal
information about the entrant to enable them to participate in this promotion (which may
include disclosure to third parties for the purpose of processing and conducting the
promotion) but no further use of this information will be made without prior consent. For
purposes of public statements and advertisements the Promoter will only publish the
winner’s surname, initial and state. A request to access, update or correct any information
should be directed to the Promoter.
25. If for any reason this promotion is not capable of running as planned, including due to
infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical
failures or any other causes beyond the control of the Promoter, which corrupt or affect the
administration security, fairness or integrity or proper conduct of this promotion, the Promoter
reserves the right in its sole discretion to disqualify any individual who tampers with the entry
process, take any action that may be available, and to cancel, terminate, modify or suspend
the promotion, subject to state regulation.
26. All entries will become property of De Bortoli Wines. All entries will be entered into a
database and De Bortoli Wines may use the entrant’s names, addresses and email
addresses for future promotional, marketing and publicity purposes in any media worldwide
without notice and without any fee being paid unless otherwise advised by the entrant. By
entering into the competition, entrants confirm that they allow their details to be used for this
purpose. If entrants no longer consent to their details being used for future marketing
purposes, the entrant should contact The Promoter on their details set out below. Any
request to update, modify or delete the entrant’s details should be directed to The Promoter.
27. In the case of the intervention of any outside agent or event which naturally changes the
result or prevents or hinders its determination, including but not limited to vandalism, power
failures, tempests, natural disasters, acts of God, civil unrest, strikes; the Promoter may in its
absolute discretion cancel the event and recommence it from the start on the same
conditions subject to state regulation.
28. The Promoter may, in its sole discretion, disqualify all entries from, and prohibit further
participation in this promotion by any person who tampers with or benefits from any
tampering with the entry process or with the operation of the promotion or acts in violation of
these Terms and conditions of entry, acts in a disruptive manner or acts with the intent to
annoy, abuse, threaten or harass any other person.
29. The cost of accessing the promotional website will be dependent on the entrant’s
individual Internet Service Provider and the responsibility of the entrant.
30. The Prize Winner will be drawn from all valid entries received during the promotion
period.
31. The Promoter’s decision is final and no correspondence will be entered into.
32. The prize will be awarded to persons named in the entry.
33. All prize values are the recommended retail value as provided by the supplier and are
correct at time of printing.
34. 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.
35. If for any reason a winner does not take a prize by the time stipulated by the Promoter,
then the prize will be forfeited.
36. The prize is not transferable or exchangeable and cannot be taken as cash.
37. Each entrant warrants to the Promoter that each entry submitted is an original literary
work of the entrant that does not infringe the rights of any third party. Entrants agree to
indemnify the Promoter against all costs and claims by third parties arising from a breach of
this warranty. Entrants consent to any use of their entry which may otherwise infringe their
moral rights pursuant to the Copyright Act 1968 (Cth).
38. Entrants consent to the Promoter using their names, likeness, image and or voice in the
event they are a winner (including photograph, film and or recording) in any media for an
unlimited time period without remuneration for the purpose of promoting the promotion
(including any outcome), and promoting any products manufactured, distributed and/or
supplied by the Promoter.
39. 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,
including but not limited to technical difficulties, unauthorised intervention or fraud, the
Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to
disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as
appropriate.
40. 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 States 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.
41. The Promoter encourages consumers to enjoy responsibly. Legal aged consumers are
advised to consider the safe drinking levels recommended in the National Health and
Medical Research Council Australian Alcohol guidelines that are available at
www.nhmrc.gov.au/publications/synopses/ds10syn.htm.
42. 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:
any technical difficulties or equipment malfunction (whether or not under the
Promoter’s control);
any theft, unauthorised access or third party interference;
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;
Any variation in prize value to that stated in these Terms and Conditions;
any tax liability incurred by a winner or entrant; or
taking and/or use of a prize.
43. By entering and participating, entrant agrees to hold harmless, defend and indemnify
Facebook and Instagram from and against any and all claims, demands, liability, damages
or causes of action (however named or described), losses, costs or expenses, with respect
to or arising out of or related to (i) entrant’s participation in the Sweepstake, or (ii) entrant’s
participation in any Prize related activities, acceptance of a Prize and/or use or misuse of a
Prize (including, without limitation, any property loss, damage, personal injury or death
caused to any person(s).
44. This promotion is in no way sponsored, endorsed or administered by, or associated with
Instagram.
45. As a condition of accepting a prize, each winner must sign any legal documentation as
and in the form required by the Promoter and/or prize suppliers in their absolute discretion,
including but not limited to a legal release and indemnity form.
46. The Promoter collects personal information in order to conduct the promotion and may,
for this purpose, disclose such information to third parties, including but not limited to agents,
contractors, service providers and prize suppliers. Entry is conditional on providing this
information. The Promoter may, for an indefinite period, unless otherwise advised, use the
information for promotional, marketing, publicity, research and profiling purposes, including
sending electronic messages or telephoning the entrant. Entrants should direct any request
to access, opt-out, update or correct information to the Promoter. All entries become the
property of the Promoter.
47. The Promoter is De Bortoli Wines Pty Limited (ABN 77 000 146 672) of De Bortoli Road,
Bilbul NSW 2680, telephone (02) 6966 0100. 47. NSW permit: LTPM /19/04818