Independent Liquor Retailers – De Bortoli – Win Cash (prize valued at $30,000)

“De Bortoli 4L Cask Cash” Promotion
Terms and Conditions
1. Information on how to enter and the prize 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 (excluding NT) aged 18 years or over.
Employees (and their immediate families) of the Promoter, Participating Outlets and
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 1st cousin.
3. Promotion commences on 01/09/2017 and final entries close at 11:59pm AEDST (for
online entries) and last mail (for mail entries) on 05/11/2017 (“Promotional Period”).
4. To be eligible to enter, individuals must purchase any De Bortoli Premium 4L Cask
(“Participartng Product”) from a Participating Outlet during the Promotional Period. A
(“Participating Outlet”) is any is any independent liquor retailer that stocks De Bortoli
Premium 4L Cask. Purchases from Dan Murphy’s, BWS, Liquorland, Vintage Cellars, First
Choice are not eligible for this promotion and these outlets are not Participating Outlets.
5. To be eligible to enter, individuals must then either:
a. Complete the official entry form (available from a Participating Outlet while stocks
of entry forms last) and send to De Bortoli Wines ‘Win Cash’ PO Box 21, Bilbul,
NSW Australia 2680 so that it is received by last mail on 05/11/2017; or
b. Visit www.debortoli.com.au/cashpromotion, follow the prompts to the competition
entry page, input the requested details (including their full name, street address,
and contact number) and submit the fully completed online entry form by 11:59pm
AEDST on 05/11//2017. The Promoter is not responsible if an entrant’s mobile
device/desktop is not sufficiently capable for the purposes of submitting the entry
online
6. Entrants must retain their original 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. All purchase receipt(s) must clearly identify the
outlet of purchase (which must be a Participating Outlet), the product purchased (which
must be a Participating Product) and the date of purchase (which must be during the
Promotional Period).
7. 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 may be accepted at the
8. 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.
9. Incomplete or indecipherable entries will be deemed invalid.
10.Multiple entries permitted, subject to the following: (a) only one (1) entry is permitted
transaction regardless of the number of Participating Products purchased in that
transaction; and (b) each entry must be submitted separately and in accordance with
entry requirements.
11.If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its
sole discretion, to determine the identity of the entrant.
12.The draw will take place at Anisimoff Legal, Suite 5, Erina Plaza, 210 Central Coast
Highway, Erina NSW 2250 on 10/11/2017 at 10:00am AEDST. The Promoter may draw
additional reserve entries and record them in order in case an invalid entry or ineligible
entrant is drawn. Winners will be notified by telephone and email within two (2) business
days of the draw and their names will be announced online at
www.debortoli.com.au/promotions commencing on 17/11/2017. In the event of an SA
winner, their name will also be published in The Advertiser on 17/11/2017.
13.The Promoter’s decision is final and no correspondence will be entered into.
14.The first valid entry drawn from all valid entries received will win $10,000 cash. The next
two (2) valid entries drawn will each win $5,000 cash and the next four (4) valid entries
drawn will each win $2,500 cash. All cash prizes will be awarded in the form of a cheque
made out in the winner’s name or awarded via electronic funds transfer into the winner’s
nominated bank account.
15.The Promoter encourages consumers to enjoy responsibly. Legal aged consumers are
advised to consider the safe drinking levels recommended in the National Health &
Medical Research Council Australian Alcohol Guidelines that are available at
www.nhmrc.gov.au.
16.Subject to the unclaimed prize draw clause, if for any reason a winner does not take a
prize by the time stipulated by the Promoter, then the prize will be forfeited.
17.Total prize pool value is $30,000. Prizes, or any unused portion of a prize, are not
transferable or exchangeable.
18.A draw for any unclaimed prizes may take place on 12/02/2018 at the same time and
place as the original draw, subject to any directions from a regulatory authority. Winners
(if any) will be notified by telephone and email within two (2) business days of the draw
and their names will be announced online at www.debortoli.com.au/promotions
commencing on 19/02/2018. In the event of an SA winner, their name will also be
published in The Advertiser on 19/02/2018.
19.Entrants consent to the Promoter using their name, likeness, image and/or voice in the
event they are a winner (including photograph, film and/or recording of the same) in any
media for an unlimited period without remuneration for the purpose of promoting this
promotion (including any outcome), and promoting any products manufactured,
distributed and/or supplied by the Promoter.
20.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) subject to any written directions from a regulatory
authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
21.Any cost associated with accessing the promotional website is the entrant’s responsibility
and is dependent on the Internet service provider used. The use of any automated entry
software or any other mechanical or electronic means that allows an entrant to
automatically enter repeatedly is prohibited and will render all entries submitted by that
entrant invalid.
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 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 or damage (including loss of opportunity); whether direct, indirect, special or
consequential, arising in any way out of the promotion.
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) any tax liability incurred by a winner or
entrant; or (f) 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
www.debortoli.com.au. 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, access, update or correct their PI, how
entrants may complain about a breach of the Australian Privacy Principles or any other
applicable law and how those complaints will be dealt with. All entries become the
property of the Promoter. The Promoter will not disclose entrant’s personal information to
any entity outside of Australia.
25.The Promoter is De Bortoli Wines Pty Limited (ABN 77 000 146 672) of De Bortoli Road,
Bilbul NSW 2680, telephone 02 6966 0100.
NSW Permit No. LTPS/17/15769. ACT Permit No. TP17/01315. SA Permit No. T17/1247