Spirit Hotels – Win a Triumph Bonneville T100 Black (prize valued at $16,900)

“SPIRIT HOTELS WIN A TRIUMPH BONNEVILLE T100 BLACK” 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. The Promoter is Brown-Forman Australia Pty Ltd (ABN 87 000 064 086) of Level 6, 280
Elizabeth Street, Surry Hills NSW 2010. Telephone: (02) 9764 8777.
3. Entry is only open to Australian residents aged 18 years or over. Employees (and their
immediate families) of the Promoter, Participating Venues (as defined below) 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.
4. Promotion commences on 25/09/2017 and ends at 11:59pm AEDT on 29/10/2017
(“Promotional Period”).
5. To enter, individuals must complete the following steps during the Promotional Period:
Purchase any Jack Daniel’s product from a participating Spirit Hotels venue
(“Qualifying Transaction”). Upon making their Qualifying Transaction,
individuals will be handed an official entry card, which contains a unique code
(“Unique Code”) and details on how to enter the promotion. In the event a
card is not automatically handed to them, it is the individual’s responsibility to
request one. A participating Spirit Hotels venue means any Spirit Hotels
venue that features point of sale material for this promotion (“Participating
Venue”); and then
Visit jackspromo.com.au/spirithotels, follow the prompts to the promotion
entry page, input the requested details (including their full name, address,
email address, mobile number and Unique Code) and submit the fully
completed online entry form.
Individuals who purchase a Gentleman Jack and/or Single Barrel Select product will be
eligible to receive two (2) entries into the draw and will be handed two (2) entry cards upon
making their Qualifying Transaction.
6. 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 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.
7. Incomplete or indecipherable entries will be deemed invalid.
8. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per
Qualifying Transaction, regardless of the number of Jack Daniel’s product purchased in that
transaction (except for individuals who purchase a Gentleman Jack and/or Single Barrel
Select product who will be eligible to receive two (2) entries); (b) each entry must be
submitted separately and in accordance with entry requirements; (c) a maximum of one (1)
entry per person per day is permitted in NSW; (d) a maximum of two (2) entries per person
per day is permitted in all other states/territories; (e) only one (1) Unique Code per entry is
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permitted; (f) the same Unique Code cannot be used more than once; and (g) unrecognised
codes will be deemed invalid
9. 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.
10. The draw will take place at Anisimoff Legal, Suite 5, Erina Plaza, 210 Central Coast Highway,
Erina NSW 2250 on 02/11/2017 at 3pm AEDT. Additional reserve entries may be drawn and
recorded in order in case an invalid entry or ineligible entrant is drawn. The winner will be
notified in writing within two (2) business days of the draw and their name will be published on
www.jackspromo.com.au/spirithotels/winner from 06/11/2017.
11. The Promoter’s decision is final and no correspondence will be entered into.
12. The first valid entry drawn will win a 2017 Triumph Bonneville T100 Black Motorcycle with five
(5) speed manual transmission. Total prize value is up to $16,900, including registration,
compulsory third party insurance, stamp duty and dealer delivery charges (which may vary
State by State). Additional insurance, options, petrol and all other ancillary costs are the
responsibility of the winner. The winner must collect the prize from their nearest authorised
Triumph dealership.
13. If the winner is, through any legal incapacity or otherwise, unable to register the motorcycle in
their own name, then the winner may assign the motorcycle to another person (who consents
to such assignment) with legal capacity for the purpose of registration. The Promoter takes no
responsibility for any such arrangements between the winner and the assignee. The winner
must provide the Promoter with certified copies of all required documentation as required by
the Promoter before the motorcycle is awarded. It is a condition of accepting the prize that the
winner may be required to sign a legal release in a form to be determined by the Promoter in
its discretion.
14. Subject to the unclaimed prize draw clause, if for any reason the winner does not take /
redeem the prize by the time stipulated by the Promoter, then the prize will be forfeited.
15. If the 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.
16. Total prize pool value is up to $16,900.
17. Prize is not transferable or exchangeable and cannot be taken as cash, unless otherwise
specified.
18. A draw for the prize, if unclaimed, may take place on 05/02/2018 the same time and place as
the original draw, subject to any directions from a regulatory authority. The winner will be
notified in writing within two (2) business days of the draw and their name will be published on
www.jackspromo.com.au/spirithotels/winner from 08/02/2018.
19. The Promoter encourages consumers to enjoy liquor 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.
Entry and continued participation in this promotion is subject to the licensee’s liquor serving
policy.
20. 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.
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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,
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.
22. 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.
23. 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.
24. 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 the prize.
25. As a condition of accepting the prize, the 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.
26. The Promoter collects personal information (“PI”) in order to conduct the promotion. By
providing the Promoter with your PI, you consent that any or all of the PI submitted by you
may be held and used by the Promoter and other companies within the Promoter’s group of
companies (details of which are available at brown-forman.com/10kfiling) or the Promoter’s
agents, partners or licensees, to contact you in relation to the promotion and to further
promote, to consider ways of improving, and to send you information about, Jack Daniel’s
Australia products and services by email and as otherwise set out in the Promoter’s privacy
policy, which is available at www.jackdaniels.com/en-au/privacy-policy. Your PI will be
handled in accordance with the Promoter’s privacy policy which contains information about
how to access and correct PI that the Promoter holds about you, and how complaints can be
made and will be resolved. If you do not provide all of the requested information you may be
ineligible for the promotion and/or the Promoter may be unable to contact you with additional
offers. Your PI may be transferred to the United States and may be shared with third-party
service providers who process your PI in the United States or Australia solely to enable the
provision of services to the Promoter. Your PI may be transferred to another company or
entity in the event that any part of the Promoter’s business is transferred to, sold to or merged
with a company or entity or if the Promoter is required to do so by law, regulation or at the
request of a public authority. If in the future, you do not wish to receive further
communications from Jack Daniel’s Australia and would prefer to be removed from its
databases, if you simply wish to make corrections to your PI or if you have a complaint (which
we will endeavor to resolve within a reasonable time), please inform us in writing at the
address set forth in clause 2 above. All entries become the Property of the Promoter.
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NSW Permit No. XXXX ACT Permit No. XXXX SA Permit No. XXXX