TERMS & CONDITIONS
TRADE PROMOTION: GAME OF SKILL
SCHEDULE TO TERMS OF ENTRY
Name of Promotion
Asahi Win Dark Mofo promotion - Vintage Cellars
Asahi Premium Beverages Pty Ltd
(ABN 49 077 568 480)
50 Swann Drive,
Laverton, VIC 3028.
Telephone: 1800 244 054
Entry to the Promotion is open to Australian residents aged 18 years+ who:
- are able to take the prize 14/06/2019 – 16/06/2019
- are a registered Vintage Cellars Wine Club cardholder; and
- who fulfil the entry requirements.
NSW, ACT, Qld, Vic, SA, WA and Tas. Excludes NT
Directors, management, employees, officers and contractors (and their immediate families) of the Promoter, Vintage Cellars or of the agencies or companies associated with this Promotion are ineligible. “Immediate families” means spouse, partner, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manager, employee, officer or contractor.
Starts: 9:00am 03/04/2019
Ends: 11:59pm 14/05/2019
No entries will be accepted after this time.
All times are Melbourne times.
This promotion will run in the Relevant States/Territories in various Vintage Cellars stores where advertising material for this promotion is displayed.
To enter, entrants must during the Promotion Period:
1. Purchase a 24pk case of Asahi Super Dry or Asahi Soukai or a 6pk of Asahi Super Dry Black from a Participating Store (a Qualifying Purchase), and have their registered Vintage Cellars Win Club card scanned or entered at time of purchase; then
2. Visit the Website to follow the instructions to complete the entry online including personal details, uploading a copy of their purchase receipt, inputting their registered Vintage Cellars Wine Club card and answering in 25 words or less, the following question “What part of Dark Mofo are you most looking forward to and why?”. Residential address only. No PO Boxes allowed.
FOR ALL ENTRIES, retain copies of receipts for the Qualifying Purchase (which clearly shows the store name, location, date and product(s) purchased) as proof of purchase. Failure to produce the proof of purchase for all entries or claims 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.
Multiple entries are allowed, however there is a maximum of one (1) entry per person per day per household, and each Qualifying Purchase is valid for one (1) entry only.
Each valid entry received during the Promotion Period will be individually judged (by representatives of the Promoter).
Judging of entries will be based on originality and creativity.
The one (1) best valid entry as determined by the judges in their absolute discretion (see Judging Details/Judging Criteria) will each win a prize.
All entries submitted by a winner may be validated prior to a prize being awarded.
Maximum Number of Entries
Multiple entries are permitted, subject to Clause 27 and the following:
- if the winner is not from Tasmania, return economy class airfares for two (2) people from winner’s nearest Australian capital city to Hobart, Tasmania (including all airline and airport taxes);
- if the winner is not from Tasmania, return transfers (airport/ accommodation in Hobart);
- two (2) night’s 4 star accommodation (standard room twin share) in Hobart, as selected by Promoter including daily breakfast;
- entry for 2 adults to Winter Feast (2 days); and
- entry for 2 adults to a Dark Mofo show (as determined by the Promoter);
- entry for 2 adults to Mona Museum including return mosh pit ferry to Mona; and
- AU$500 spending money for the winner.
Trade Promotion: Game of Skill
Terms of Entry
1 These terms must be read together with the Schedule for this Promotion. The Schedule defines certain terminology used in these Terms of Entry. Participation in the Promotion constitutes acceptance of these Terms of Entry. To the extent of any inconsistency between the Schedule and these terms, the Schedule prevails.
2 Entry is open only to Entrants of the Relevant States/Territories who comply with the Entry Restrictions (if any). Directors, officers, management, employees and other staff (and the immediate families of directors, officers, management, employees and other staff) of the Promoter or of its related bodies corporate, or of the agencies or companies associated with this Promotion are ineligible to enter.
3 The Promotion will be conducted during the Promotion Period.
4 To enter the Promotion, entrants must follow the Entry Mechanic during the Promotion Period.
5 Entries must be received by the Promoter during the Promotion Period. Entrants may submit up to the Maximum Number of Entries. Multiple entries (where permitted) must be submitted separately.
6 The Promoter accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over communications networks or services, the Internet, or computer or telephone networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. Any form of automated entry using any device or software is invalid. Entries are deemed to be received at the time of receipt into the Promoter’s database not at the time of transmission by the entrant.
7 This is a game of skill; chance plays no part in determining the winner/s. Each valid entry will be individually judged (by representatives of the Promoter) based on the Judging Criteria.
8 The judges' decisions are final and no correspondence will be entered into.
9 All entries and materials submitted to the Promoter in connection with this Promotion, become the property of the Promoter and each entrant warrants that s/he has the right to transfer these to the Promoter. Each entry must be the entrant’s original work. By entering this Promotion entrants:
(a) consent to the Promoter making copies of or publishing the whole or any part of their entry and otherwise exploiting the entry and any rights in relation to the entry, to publicise this Promotion or for any other purposes; and
(b) undertake to the Promoter that their entry is not, and its use by the Promoter will not be, in breach of any third party intellectual property rights.
11 The Promoter accepts no responsibility for any breach of contract or any infringement or other violation of copyright or any other intellectual property rights or proprietary rights through the acceptance of entries into this Promotion and each entrant takes full responsibility for any such claims made in relation to their entry.
12 The prize/s will be awarded to the valid entrant or entrants (as applicable) which best meet the Judging Criteria, as determined by the judges, in accordance with the Judging Criteria. Incomplete entries and/or entries that, in the Promoter’s judgment, contain offensive, defamatory or otherwise objectionable or inappropriate material or that infringe any third party rights will be invalid.
13 The prize/s are specified in the Prize Details. The total prize pool is specified in the Total Prize Pool section of the Schedule.
14 Where a prize includes international or domestic travel, the prize must be taken during the period specified by the Promoter and/or the supplier or organiser of the prize. Block out periods may also apply. If the prize is to attend a specified event, travel must be taken to coincide with the event on the dates specified by the Promoter. (Winner and their companion/s must depart and return at the same time using the same air carrier on flights determined by the Promoter or its agents.) No extension will be permitted. Any alterations to confirmed prize details will be at the expense of the winner and will only be permitted with the Promoter's prior consent. Flights and accommodation are subject to booking and availability. All costs associated with a travel prize which are not specified as included in the prize, including but not limited to transfer costs, meals, taxes (excluding flight related taxes), insurance, spending money and other ancillary costs, are the responsibility of the winner and their companion/s. The winner is responsible for ensuring that they have all necessary travel insurance and documents to travel to the destination(s) (including, where required, a current passport and visas), otherwise the winner’s entry will be deemed invalid. It is strongly recommended that the winner and participant of the prize acquire adequate travel insurance, where this is not specified as part of the prize).
The Promoter is not responsible for any cancellation, delay or rescheduling of flights. Any costs incurred as a result (including, without limitation, accommodation costs) will be the sole responsibility of the winner. Where a prize includes international travel, winners are advised to consult their healthcare professional regarding recommended immunisations and/or health checks prior to travelling and to check for travel warnings and any perceived hazards with appropriate authorities, including www.dfat.gov.au.
15 Where a prize involves the winner:
(a) attending an event, if any part of the event is abandoned, called off, varied or postponed for any reason, then at the Promoter’s discretion, the relevant winner (and their companion/s, if applicable) forfeits all rights to attend the relevant event and no cash or alternative tickets will be substituted for that element of the prize; and/or
(b) meeting or attending a function with a celebrity or other public figure, the Promoter will not be liable for the failure of the winner (and their companion/s, if applicable) to meet that person or failure of that person to attend the function, for whatever reason.
17 If the prize includes vouchers, all vouchers are valid until the voucher expiry date as specified on the voucher or by the provider of the voucher. Vouchers are subject to the conditions stipulated by the provider of the voucher. If the total value of a voucher is not used at the time of redemption, a new voucher may (subject to the conditions stipulated by the provider) be issued for the remaining amount. Any such further voucher is valid for the remainder of the original voucher expiry period. Vouchers cannot be redeemed for further vouchers. Once awarded, the Promoter shall not be liable for any voucher that has been lost, stolen, forged, damaged or tampered with in any way.
18 If the prize includes tickets, all tickets are valid for the date or period as indicated on the tickets. Tickets are subject to the conditions stipulated by the provider of the tickets.
19 The Promoter may in its absolute discretion, prohibit an entrant’s participation in this Promotion, cancel a prize or otherwise cease to provide any benefit of a prize to a winner and their companion/s if the entrant or the winner (or their companion/s), in the opinion of the Promoter, is under the influence of alcohol or any other drug, behaves aggressively or offensively, or behaves in a manner which may diminish the good name or reputation of the Promoter or any of its related bodies corporate (or of the business of the Promoter or any of its related bodies corporate), is contrary to law or is otherwise inappropriate.
20 The Promoter encourages consumers to enjoy alcohol responsibly. Legal aged consumers are advised to consider the safe drinking levels recommended in the National Health and Medical Research Council Australian Alcohol Guidelines. A full version of the Guidelines is available at https://nhmrc.gov.au/about-us/publications/australian-guidelines-reduce-health-risks-drinking-alcohol#block-views-block-file-attachments-content-block-1
21 At the Promoter’s request, winners must participate in, and where relevant must procure that their companion/s participate in, all promotional activity (such as publicity and photography) surrounding this Promotion or the winning of any prize, free of charge, and they consent to the Promoter and its related bodies corporate using their name and image in promotional material. Without limitation, entrants consent to being broadcast, filmed, photographed or otherwise recorded without compensation while participating in this Promotion, or in taking or using any prize, and they consent to the Promoter repeating any such image, broadcast, film or other recording at any time.
22 If an entrant is unable to or refuses or fails to take part in any element of this Promotion, or a winning entry is deemed not to comply with these terms, the Promoter reserves the right to discard that entrant’s entry and proceed as if that entrant had not entered the Promotion.
23 The winner/s will be notified as stated in the Notification of Winner(s) section of the Schedule.
24 If any prize is not claimed by the Prize Claim Date and Time, the relevant winner’s entry will be deemed invalid and the Promoter reserves the right to award the relevant prize/s to the next best valid entry or entries (as applicable) which meet the Judging Criteria, as determined by the judges, that has not already received a prize. If a prize is no longer capable of being redeemed, the new winner/s will receive a prize, as determined by the Promoter, of equivalent value (as if the original prize had been awarded to that person, less any administrative expenses incurred by the Promoter).
25 The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) by any person in connection with this Promotion or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
26 Without limiting the previous paragraph, the Promoter and its associated agencies and companies will not be liable for any damage to or delay in transit of prizes.
27 Entrants may only enter the Promotion in their own name, and only use one (1) name for all entries submitted to the Promotion; there can be only one (1) email address and one (1) residential address used in connection with an entrant’s name. Entrants who are deemed by the Promoter to have entered using multiple email/postal addresses, phone numbers, social media accounts or aliases may be disqualified.
The Promoter (or its nominated agent) reserves the right at any time during or after the Promotion Period to request entrants to produce (within the requested timeframe specified by the Promoter) suitable photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to verify the validity of their entry/ies and to verify an entrant (including their identity, age, residential address, place of employment, eligibility to enter and eligibility to claim a prize). If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an entrant has not been verified or validated to the Promoter’s satisfaction, then the entrant’s entry (and at the Promoter’s discretion all of the entrants’ entries) will become invalid. A prize will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion.
28 The Promoter reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has a) failed to provide adequate identification to the satisfaction of the Promoter, b) who tampers with or benefits from any tampering with the entry process or with the operation of the Promotion or acts in violation of these Terms of Entry, c) acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person, or d) engages in any unlawful, fraudulent, deceptive or other improper misconduct intended to jeopardise the fairness and proper conduct of the Promotion and/or damage the goodwill or reputation of the Promoter or any of its related bodies corporate or the agencies or companies associated with this Promotion. Failure by the Promoter to enforce any of its rights at any state does not constitute waiver of those rights. The Promoter reserves its legal rights to recover damages or other compensation from such an offender.
29 If due to any reason whatsoever the Promoter becomes aware after an entrant has won a prize that the entrant has not complied with these terms, that entrant will have no entitlement to the prize, even if the Promoter has announced them as a winner and that entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the prize.
30 The Promoter may require the winner/s to provide identification as requested by the Promoter including (without limitation) proof of identity, proof of age and proof of residency. Identification considered suitable for verification is at the Promoter’s discretion.
31 The Promoter may, in its sole discretion, disqualify any or all entries from, and prohibit further participation in this Promotion by, any person who fails to provide adequate identification to the satisfaction of the Promoter, or who tampers with or benefits from any tampering with the entry process or with the operation of the Promotion or acts in violation of these Terms of Entry, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.
32 If due to any reason whatsoever the Promoter becomes aware after an entrant has won a prize that the entrant has not complied with these terms, that entrant will have no entitlement to the prize, even if the Promoter has announced them as a winner and that entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the prize.
33 No prize is transferable or exchangeable, nor can it be redeemed for cash. In the event for any reason a winner does not take an element of any prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be supplied for that element of the prize. Prize Value is as specified on the Date at which Prize Value Valid. The Promoter accepts no responsibility for any variation in prize value. Where a prize is unavailable for any reason, the Promoter may substitute for that prize another item of equal or higher value as determined by the Promoter. Without limiting the foregoing, the Promoter may, in its absolute discretion, substitute cash for any prize (the amount of cash being equal to the prize value specified for that prize in the Prize Details).
34 Without limiting paragraph 25, the Promoter and its associated agencies and companies make no warranties or representations about the fitness for purpose or suitability of any prize and will not accept responsibility for the quality or fitness for any purpose of any prize, or the failure of any prize to be of merchantable quality. If liability under terms implied by legislation cannot be excluded, the liability of the Promoter and its associated agencies and companies is limited to re-supplying the relevant goods or services or paying the cost of replacing them.
35 If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion, or invalidate any affected entries.
36 Without limiting any other paragraph, the Promoter may at its discretion amend any aspect of this Promotion or of these terms.
37 The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. Where the operation of this Promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to 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.
39 The Promoter may run, communicate or advertise this Promotion using Facebook and/or Instagram. However, entrants in the Promotion acknowledge that the Promotion is in no way sponsored, endorsed or administered by or associated with Facebook or Instagram. Entrants in the Promotion completely release Facebook and its associated companies from all liability arising from the Promotion.