Thirsty Camel – Win a Bopper Motorcylce (prize valued at $18,995)

“THIRSTY CAMEL GENTLEMAN JACK INDIAN SCOUT BOBBER”
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 aged 18 years or over.
3. Employees (and their immediate families) of the Promoter, participating
Thirsty Camel on-premise venues and off-premise 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.
4. Promotion commences on 13/08/2018 and closes at 11:59pm AEST on
09/09/2018 (“Promotional Period”).
5. Subject to clause 6, to be eligible to enter, individuals must, during the
Promotional Period, purchase either:
1. any Gentleman Jack product from a participating Thirsty Camel
off-premise outlet; or
2. any Gentleman Jack drink from a participating Thirsty Camel on-
premise venue
(each a “Qualifying Transaction”).
6. Participating Thirsty Camel on-premise venues and off-premise outlets are
any Thirsty Camel on-premise venue or Thirsty Camel off-premise outlets that
display advertising material featuring this promotion. Individuals will receive
an entry flyer, containing a unique code at point of making a Qualifying
Transaction while stocks of entry flyers last. It is the responsibility of the
entrants to ensure that they receive an entry flyer at point of purchase.
7. To enter, individuals must then, during the Promotional Period:
Visit www.jackspromo.com.au/ThirstyCamelIndianMotorcycle ;
Follow the prompts to the competition entry page;
Complete the online entry form, including their full name, date of
birth, address, valid email address, telephone number and the
unique code from their entry flyer; and then
submit the fully completed online entry form.
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8. As proof of purchase, all entrants must retain their original purchase receipt
and entry flyer clearly containing the unique code used to enter. Failure to
produce the required 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.
9. 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.
10. Multiple entries permitted, subject to the following: (a) only one (1) entry is
permitted per Qualifying Transaction regardless of the number of Gentleman
Jack products/drinks purchased in that transaction; (b) a maximum of two (2)
entries are permitted per person per day in association with a Qualifying
Transaction made at a participating Thirsty Camel on-premise venue
(excluding NSW residents where a maximum of one (1) entry is permitted per
person per day in association with a Qualifying Transaction made at
a participating Thirsty Camel on-Premise venue); (c) a maximum of two (2)
entries are permitted per person per day in association with Qualifying
Transactions made from participating Thirsty Camel off-premise outlets; (d)
only one (1) unique code is permitted per entry, the same unique code cannot
be used more than once and unrecognised unique codes will be deemed
invalid; and (e) 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 17/09/2018 at 4:00pm AEST. The
Promoter may draw additional reserve entries and record them in order in
case an invalid entry or ineligible entrant is drawn. The winner will be notified
in writing by email within two (2) business days of the draw and their name will
be announced online at
www.jackspromo.com.au/ThirstyCamelIndianMotorcycle from 24/09/2018.
13. The Promoter’s decision is final and no correspondence will be entered into.
14. The first valid entry drawn will win a $1000 Indian Motorcycles Australia gift
voucher (only redeemable at an official Indian Motorcycles Australia
dealership) and a 2018 Indian Scout Bobber motorcycle valued at $18,995
including registration, compulsory third party insurance, stamp duty and
dealer delivery charges. Additional insurance, options, petrol and all other
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ancillary costs are the responsibility of the winner. The Promoter may, in its
absolute discretion, accommodate the winner’s colour preference (excluding
metallic options), subject to availability. The winner must collect the prize from
their nearest authorised Indian Motorcycles dealership.
15. 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. The Promoter is not
responsible or liable for any maintenance, damages or upkeep of the prize.
16. 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. Entry and continued
participation in this promotion is subject to the licensee’s liquor serving policy.
17. Subject to the unclaimed prize draw clause, if for any reason the winner does
not redeem the prize (or an element of the prize) by the time stipulated by the
Promoter, then the prize (or that element of the prize) will be forfeited.
18. If the prize (or part of the prize) is unavailable, the Promoter, in its discretion,
reserves the right to substitute the prize (or that part of the prize) with a prize
to the equal value and/or specification, subject to any written directions from a
regulatory authority.
19. Total prize pool value is $19,995.
20. Prize is not transferable or exchangeable and cannot be taken as cash,
unless stated otherwise.
21. Any ancillary costs associated with redeeming the Indian Motorcycles
Australia voucher are not included. Any unused balance of the Indian
Motorcycles Australia voucher will not be awarded as cash. Redemption of
the Indian Motorcycles Australia voucher is subject to any terms and
conditions of the issuer including those specified on the Indian Motorcycles
Australia voucher.
22. A draw for the prize, if unclaimed, may take place on 19/12/2018 at the same
time and place as the original draw, subject to any directions from a regulatory
authority. The winner will be notified in writing by email within two (2) business
days of the draw and their name will be announced online at
www.jackspromo.com.au/indianTC from 21/12/2018.
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23. 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.
24. 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.
25. Any cost associated with accessing the promotional website is the entrant’s
responsibility and is dependent on the Internet service provider used.
26. 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.
27. 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.
28. 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 exclude 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.
29. 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
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suppliers in their absolute discretion, including but not limited to a legal
release and indemnity form.
30. 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 products and services by email and as otherwise set out in the
Promoter’s privacy policy, which is available at
http://www.jackdaniels.com/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 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 30 below. All entries become the
Property of the Promoter.
31. 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.
NSW Permit Number LTPS/18/25792, ACT Permit Number TP18/01235, SA
Permit Number T18/1136.