Paul Daniel Sydney – 3 Fabulous Products to 1 Lucky
© 2019 Gadens Lawyers 1
Refresh Indies Promotion – Win Sunglass Hut Voucher
Terms and Conditions
Promoter Treasury Wine Estates Australia Limited (ABN 78 145 321 320), Level 8, 161 Collins
Street, Melbourne VIC 3000.
12.01am (AEDT) on 13/01/2020 to 11.59pm (AEDT) on 29/02/2020
Who can enter? Only Australian residents who are aged 18 or over.
Who can’t enter? Directors, officers, management and employees (and their immediate families) of:
(a) the Promoter; and
(b) the agencies, companies or participating premises associated with this
Where will the
The competition will run in participating Cellarbrations, IGA, Bottle-O, Sip’nSave,
Bottlemart, Harry Brown, Thirsty Camel or 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 Market or Vintage Cellars)
(Outlets) in Australia.
The Outlets include the online stores of participating Outlets.
Any T’Gallant, Squealing Pig, Yellowglen, Fifth Leg, Upside Down, Wolf Blass Makers
Project or Lindeman’s Gentleman’s Collection product from an Outlet.
To enter, you must, during the Competition Period after making a Qualifying Purchase
from an Outlet and collecting your itemised purchase receipt:
(a) visit the Website; and
(b) locate the entry page and fill out and submit the online entry form, including by
uploading an image of the Qualifying Purchase receipt and providing all other
requested information to see if you have provisionally won a prize.
Your purchase receipt must clearly identify where the Qualifying Purchase was made, the
product/s purchased (which must be a Qualifying Purchase) and the date of purchase
(which must be during the Competition Period before you submitted your entry).
The Promoter is not responsible if your mobile device/desktop is not sufficiently capable
for the purpose of submitting an entry, including having the requisite photograph
How are instant
There are 1,000 instant win prizes to be awarded based on pre-determined times during
the Competition Period selected by a computerised random system at Prime Focus, Level
1, 500 Chapel St, South Yarra VIC 3141 (Prime Focus). The first entry, received on or
after each pre-determined time, will be the provisional winner of a prize.
You will get a return online message acknowledging your entry and informing you if you
have provisionally won a prize and if so, details on how to verify your entry and claim your
What can I win? There are 1,000 prizes available.
Each prize is a $100 Sunglass Hut gift card delivered to the winner’s nominated
You can only win one of each prize type (except for SA residents).
Total prize pool The total prize pool is $100,000.
How many times
can I enter?
You can enter once per day, provided you only enter once per Qualifying Purchase and
per receipt. Each entry must be submitted separately in accordance with these Terms
How and when
will the winner/s
Provisional instant prize winner/s will be notified as outlined in the “How are instant win
prizes awarded?” above.
Once your entry has been verified you will receive an email within two days of verification.
© 2019 Gadens Lawyers 2
You must keep original itemised purchase receipt(s) as proof of purchase for all entries.
If you don’t produce the above 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.
Proof of purchase must be identical to that provided by you with your entry.
If, in the Promoter’s opinion, you have shared any proof of purchase with another person,
your entries will be invalid and you will lose any right to a prize.
Prize claim date: 12.00pm (AEST) 01/06/2020
Unclaimed and un-won prize determination: 12.30pm (AEST) on 01/06/2020 at Prime
If a prize is un-won during the Competition Period or has not been accepted or claimed by
the prize claim date above or if, after making all reasonable attempts, the Promoter can’t
contact a winner (or a winner does not contact the Promoter) by the prize claim date
above, the relevant entry/ies will be discarded and the Promoter will carry out an
unclaimed and un-won prize draw at the date, time and place stated above to randomly
distribute the prize/s in descending order of value amongst valid entrants who (if possible)
have not already won an unclaimed or un-won prize. Any winner/s will be informed in
writing by email within two days of determination.
use of your
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/s and image/s in any promotional or advertising activity.
The information you provide will be used by the Promoter for the purpose of conducting
this competition and fulfilling the prize. The Promoter may collect your personal
information (including through its contractors or agents) and 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
https://www.tweglobal.com/privacy, contains information about:
(a) how you can seek access to the personal information the Promoter holds
about you/them and seek the correction of such information;
(a) how you can complain about a privacy breach and how the Promoter will deal
with such a complaint; and
(b) 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.
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:
https://www.nhmrc.gov.au/file/1641/download?token=1O3AafPu. If this competition is
conducted in NSW, see also the NSW Liquor Competition Guidelines and Intoxication
Guidelines at https://www.liquorandgaming.nsw.gov.au/documents/gl/gl4001-liquor-
promotion-guidelines.pdf. Where relevant, your participation in this competition may be
subject to the liquor serving policy of businesses conducting the competition and/or
providing the prize.
All advertising material for this competition will include a message regarding responsible
consumption of alcohol.
Permit numbers Authorised under:
ACT Permit No. TP19/04523
SA Licence No. T19/1837
NSW Permit No. LTPS/19/39448
© 2019 Gadens Lawyers 3
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.
2 Your entry must be received during the Competition Period and will be deemed to be received only when
received by the Promoter. If you return a Qualifying Purchase your entry may be deemed invalid at the
Promoter’s discretion (unless the product is defective). You will receive a return message confirming
your entry. 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 phone numbers/email addresses/addresses/aliases, you may be disqualified.
3 Prize/s and all elements of prize/s must be taken as and when offered or will be forfeited, and if forfeited,
the Promoter will not be liable. Prize/s are subject to any additional terms and conditions imposed by the
relevant supplier or the Promoter, including validity periods.
4 Any failure by you to comply with the conditions imposed by the prize supplier(s) may result in the prize
being cancelled or withdrawn without liability for the Promoter or the prize supplier(s).
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
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 (except where cash is specified) redeemed for cash.
Without limiting any other term of these Terms and Conditions, all prizes (and elements of 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 Where relevant for instant win promotions, printing and other quality control errors outside the Promoter’s
control will not invalidate an otherwise valid prize claim. Every instant win prize claim in excess of the
advertised prize pool will be honoured, unless the claim is rejected due to fraud or ineligibility under these
Terms and Conditions.
11 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.
12 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
© 2019 Gadens Lawyers 4
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 (including allergies, skin
conditions or other reactions, as relevant), 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 prize/s, or for any damage
that occurs to displayed prize/s (where relevant). Unless otherwise specified, prize/s will only be
delivered to addresses in Australia.
16 This competition is in no way sponsored, endorsed or administered by, or associated with any social
media platform, including Facebook, Instagram and Twitter. You provide your information to the
Promoter and not to any social media platform. You completely release any relevant social media
platforms from any and all liability.