Treasury Wine Estates – Win a Prize (prize valued at $20,100)

Ts&Cs – Open Up to Wine_7626906_7.DOCX © 2017 Gadens Lawyers 1
Open Up to Wine
Terms and Conditions
Who is running the
competition?
The Promoter is Treasury Wine Estates Australia Limited (ABN 78
145 321 320), 58-82 Queensbridge Street, Southbank Vic 3006.
Phone: (03) 8533 3000.
When will the
competition start and
end?
The competition starts at 12.01am (AEDT) on 01/01/18 and ends
at 11.59pm (AEDT) on 28/02/18 (the Competition Period).
Who can enter? Only Australian residents aged 18 or over can enter.
Who can’t enter? Directors, officers, management and employees of:
(a) the Promoter; or
(b) the agencies or companies or participating Outlets
associated with this competition,
and their immediate families, can’t enter.
Where will the
competition run?
The competition will run in participating Cellarbrations, IGA,
Bottle-O, Sip’nSave, Bottlemart, Harry Brown, Thirsty Camel and
Ritchies Liquor outlets and all other independent liquor stores (i.e.
any liquor store other than Dan Murphy’s, BWS, Cellarmasters,
Langton’s, Liquorland, First Choice Liquor or Vintage Cellars)
(Outlets) in all Australian states and territories.
Do I need to buy
anything to enter?
Yes. During the Competition Period, you need to buy, in one
transaction, a 750ml bottle from the Squealing Pig, Fifth Leg,
Yellowglen Colours, Samuel Wynn & Co, Gentleman’s Collection,
19 Crimes, Pepperjack, Penfolds Max, St Huberts The Stag,
Seppelt, T’Gallant, Secret Stone, Lindemans Bins, A’tivo, or
Sterling ranges (Qualifying Purchase) for off premise
consumption from an Outlet (includes purchases from online
stores of participating Outlets) and retain your receipt for proof of
purchase.
Entry instructions After you have made a Qualifying Purchase, you must during the
Competition Period, visit www.openuptowine.com (Website) and
fill out and submit the online entry form including by uploading an
image of the Qualifying Purchase receipt and all other requested
information.
Purchase receipt(s) must clearly identify the Outlet of purchase,
the product/s purchased (which must comprise a Qualifying
Purchase), and the date of purchase (which must be during the
Competition Period before you submitted your entry).
How many winners will
there be and how will
they be chosen?
There will be up to 201 winners determined in respect of this
competition.
The draw will be held at 2pm (AEDT) on 02/03/18 at Gadens
Lawyers, Level 25, 600 Bourke Street, Melbourne, Victoria.
The first 201 valid entries drawn randomly from the entries
received during the Competition Period will each win a prize.
The Promoter may draw additional reserve entries and record
them in order, in case the winning entry/entrant is deemed invalid,
or a prize is unclaimed (Reserve Entrants).
Ts&Cs – Open Up to Wine_7626906_7.DOCX © 2017 Gadens Lawyers 2
What can I win? There are in total 201 prizes available.
Each prize is a $100 Ticketek voucher.
See paragraph 3 for further prize details.
Total prize pool The total prize pool is up to $20,100.
How many times can I
enter?
You can enter multiple times, provided you only enter once per
Qualifying Purchase transaction. Each entry must be submitted
separately in accordance with these Terms and Conditions.
How and when will the
winners be informed?
If you are a winner, you will be informed by email within two days
of the draw.
Must I keep anything to
verify my entry?
You must keep the original purchase receipt(s) for all entries as
proof of purchase. Purchase receipt(s) must be identical to the
image uploaded by you with your entry. If you don’t produce the
proof of purchase for all entries when asked the Promoter may
disqualify all of your entries and you will lose any right to a prize.
If, in the Promoter’s opinion, you have shared any receipt(s) with
another person, your entries will be invalid and you will lose any
right to a prize.
If I win, when must I
claim my prize?
You must claim your prize/s by 2pm (AEST) on 04/06/18.
What if I don’t claim my
prize on time?
If a prize has not been accepted or claimed by 2pm (AEST) on
04/06/18 or if, after making all reasonable attempts, the Promoter
can’t contact the winner/s (or the winner/s do not contact the
Promoter) by this time and date, the relevant entry will be
discarded and the Promoter will re-award the relevant prize/s to
Reserve Entrant/s and/or carry out an unclaimed prize draw at
2pm (AEST) on 05/06/18 at the same location as the original draw
to distribute the relevant prize/s. All entries received during the
Competition Period (excluding previous winning entries) will be
combined for the purposes of this draw.
Any such winner/s will be informed by email within two days of
determination.
Permit numbers Authorised under ACT Permit No. TP17/01890, NSW Permit No.
LTPS/17/17989, and SA Licence No. T17/1779.
1 These Terms and Conditions incorporate and must be read together with the details
outlined in the table above. Information about prizes and how to enter forms part of
these Terms and Conditions. By entering, you accept these Terms and Conditions.
Entry
2 Your entry must be received during the Competition Period. Your entry is deemed to be
received only when received by the Promoter’s database. If you return a Qualifying
Purchase your entry may be deemed invalid at the Promoter’s discretion (unless product
is defective). The Promoter is not liable for any problems with communications networks.
You are responsible for your own costs associated with entering. If you enter using
automatically generated entries or multiple aliases you may be disqualified.
Prizes
3 Any voucher prize is subject to the conditions imposed by supplier of voucher including
any validity period.
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General
4 If you are a winner, you must take part in all publicity, photography and other promotional
activity as the Promoter requires, without any compensation. You consent to the Promoter
using your name and image in any promotional or advertising activity.
5 If you or your entry are deemed by the Promoter to breach these Terms and Conditions,
your entry (or at the Promoter’s discretion, all of your entries) may be discarded. The
Promoter may, at any time, require you to produce documentation to establish to the
Promoter’s satisfaction the validity of your entries (including documentation establishing
your identity, age, place of residence and place of employment). Failure by the Promoter
to enforce any of its rights at any stage does not waive those rights.
6 You must not:
(a) tamper with the entry process;
(b) engage in any conduct that may jeopardise the fair and proper conduct of the
competition;
(c) act in a disruptive, annoying, threatening, abusive or harassing manner;
(d) do anything that may diminish the good name or reputation of the Promoter or
any of its related entities or of the agencies or companies associated with this
competition;
(e) breach any law; or
(f) behave in a way that is otherwise inappropriate.
7 The Promoter is not liable for entries, prize claims or correspondence that are misplaced,
misdirected, delayed, lost, incomplete, illegible or incorrectly submitted.
8 The Promoter’s decision in connection with all aspects of this competition is final.
9 Prizes cannot be transferred or exchanged nor redeemed for cash. Without limiting any
other term of these Terms and Conditions, all prizes must be taken as and when
specified, or will be forfeited with no replacement. The prize values are correct as at the
date of preparing these Terms and Conditions and include any applicable GST. The
Promoter is not responsible for any change in prize value. You agree that if a prize (or
element of a prize) is unavailable for any reason the Promoter may provide another item
of equal or higher value, subject to any necessary approval by the state/territory gaming
authorities.
10 If this competition cannot run as planned for any reason beyond the Promoter’s control,
for example due to software, hardware or communications issues, unauthorised
intervention, tampering, fraud or technical failure, the Promoter may end, change,
suspend or cancel the competition or disqualify affected entries/entrants, subject to any
necessary approval by the state/territory gaming authorities.
11 The Promoter is not responsible for any tax implications arising from you winning a prize.
You should seek independent financial advice. If for GST purposes this competition
results in any supply being made for non-monetary consideration, you must follow the
Australian Taxation Office’s stated view that where the parties are at arm’s length, goods
and services exchanged are of equal GST inclusive market values.
12 Enjoy alcohol responsibly. Consider the safe drinking levels recommended in the
National Health and Medical Research Council Australian Guidelines to Reduce Health
Risks from Drinking Alcohol – see:
http://www.nhmrc.gov.au/_files_nhmrc/file/publications/synopses/ds10-alcohol.pdf. See
also the NSW Liquor Competition Guidelines and Intoxication Guidelines at
http://www.olgr.nsw.gov.au/dlg_guidelines.asp. Your participation in this competition is
subject to each Outlet’s liquor serving policy.
Liability
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13 Nothing in these Terms and Conditions restricts, excludes or modifies any consumer
rights under any statute including the Competition and Consumer Act 2010 (Cth).
14 Subject to the previous paragraph, the Promoter and the agencies and companies
associated with this competition are not liable (including in negligence) for any loss
(including indirect, special or consequential loss or loss of profits), expense, damage,
personal injury, illness or death suffered in connection with this competition or any prize,
except for any liability which under statute cannot be excluded (in which case that liability
is limited to the greatest extent allowed by law).
15 Without limiting the previous paragraph, the Promoter and the agencies and companies
associated with this competition are not liable for any loss of, damage to or delay in
delivery of prizes or for any damage that occurs to prizes. Prizes will only be delivered to
addresses in Australia.
16 The Promoter may communicate or advertise this competition using Facebook or
Instagram. However, the competition is in no way sponsored, endorsed or administered
by, or associated with, Facebook or Instagram. You provide your information to the
Promoter and not to Facebook or Instagram. You completely release Facebook and
Instagram from any and all liability.
Collection and use of your personal information
17 The information you provide will be used by the Promoter for the purpose of conducting
this competition. The Promoter may collect your personal information (including through
its contractors or agents) or disclose your personal information to its contractors and
agents to assist in conducting this competition or communicating with you. By entering
this competition, you consent to the storage of your personal information on the
Promoter’s database and the Promoter may use this information for future competition
and marketing purposes regarding its products, including contacting you via electronic
messaging. By entering this competition, you consent to receiving SMS or email
messages from the Promoter that do not contain any functional unsubscribe facility. The
Promoter is bound by the Privacy Principles in the Privacy Act 1988. You can request
access to the personal information the Promoter holds about you by contacting the
Promoter at the address stated in the Promoter section of these conditions. The
Promoter’s Privacy Policy, located at http://www.tweglobal.com/privacy-policy/, contains
information about:
(a) how you can seek access to the personal information the Promoter holds about
you and seek the correction of such information;
(b) how you can complain about a privacy breach and how the Promoter will deal
with such a complaint; and
(c) whether the personal information the Promoter holds about you will be
provided to overseas companies, and if so, in which countries those companies
are located.