“CONSUMER GAME OF CHANCE – SOCIAL MEDIA” PROMOTION"

Terms & Conditions of Use

 

1.    Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

2.    The Promoter is Australian Vintage Ltd (ABN 78 052 179 932) of 2 Queens Place, Balmain NSW 2041. Telephone 02  8345 6377.

3.    Entry is only open to Australian residents aged 18 years or over.  Employees (and their immediate families) of the Promoter 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 at 10/12/21 on and closes at 11:59pm on 31/12/21 (“Promotional Period”).

To enter, individuals must undertake the following steps, during the Promotional Period:

- Visit https://www.instagram.com/mcguiganwines/ or https://www.facebook.com/McGuiganWines

- Navigate to the competition post

- Click the link to sign up to the McGuigan newsletter

5.    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.

6.    Incomplete or illegible entries will be deemed invalid.

7.    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.

8.    Only one (1) entry permitted per person and email.

9.    The draw will take place at 2 Queen Place, Balmain NSW 2041 on 3 January 2022 at 10am AEDST. The winners will be notified in writing within two (2) business days of the draw. 

10.    In the event of any ACT winners their names will be published online at https://www.facebook.com/McGuiganWines and https://www.instagram.com/mcguiganwines/ from 5 January 20212. 

11.    The Promoter’s decision is final and no correspondence will be entered into.

12.    The first valid entry drawn will win one (1) Aquabumps digital voucher valued at $1,000 and the next three (3) valid entries will each win one (1) Aquabumps bag and two (2) bottles of McGuigan wine valued at $60.

13.    No more than 20 litres of alcohol will be won by New South Wales residents. Once/if 20 litres of alcohol have been won by New South Wales residents, cash will be awarded in lieu of the remaining alcohol prize(s) in New South Wales. If a Northern Territory resident is the winner of a prize that consists solely of alcohol or in which alcohol forms a principal part of a prize, the winner/s will be awarded cash in lieu of the alcohol prize. 

14.    If for any reason a winner does not redeem a 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.

15.    If a prize (or part of a 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.

16.    The Promoter encourages consumers to enjoy alcohol 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.    Total prize pool is $1,180.

18.    Prizes are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.

19.    Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize (or an element of the prize) then the prize (or that element of the prize) will be forfeited.

20.    A draw for the prize(s) if unclaimed may take place on 21 March 2022 at the same time as the original draw, subject to any directions from a regulatory authority. In the case of a winner, they will be notified in writing within two (2) business days of the draw.

21.    In the event of any ACT winners their names will be published online at https://www.facebook.com/McGuiganWines and https://www.instagram.com/mcguiganwines/ from 24 March 2022. 

22.    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.

23.    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.

24.    Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.

25.    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.

26.    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/a prize. 

27.    The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at http://www.australianvintage.com.au/terms-and-policies/.  In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research, profiling and direct marketing purposes, including sending emails or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out of receiving direct marketing communications from the Promoter and access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter may only disclose entrants’ personal information to any entity outside of Australia in accordance with its Privacy Policy.

28.    Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook. Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained  by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.

29.    Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Instagram Rules, which can be found at http://instagram.com/about/legal/terms. This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. Entrants understand that they are providing their information to the Promoter and not to Instagram. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Instagram. Instagram will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.


NSW Permit No. TP-00042