1. These Conditions of Entry incorporate and must be read together with the Schedule for this
Promotion. The Schedule prevails to the extent of any inconsistency with these Conditions of
Entry. Participation in the Promotion constitutes acceptance of these Conditions of Entry.
1. These Conditions of Entry incorporate and must be read together with the Schedule for this
Promotion. The Schedule prevails to the extent of any inconsistency with these Conditions of
Entry. Participation in the Promotion constitutes acceptance of these Conditions of Entry.
2. Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule,
except where stated otherwise.
Who can enter
3. Entry to the Promotion is open to residents of the Relevant State/s who meet the Entry
Restrictions (if any).
4. Directors, management, employees, officers and contractors (and their immediate families) of the
Promoter or of the agencies or organisations associated with this Promotion are ineligible to
enter. “Immediate families” means spouse, 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, manger, employee, officer or contractor.
How to enter
5. The Promotion will be conducted during the Promotion Period. To enter the Promotion, entrants
must complete the Entry Procedure during the Promotion Period.
6. Entries may only be submitted in accordance with the Entry Procedure and will not be accepted
by the Promoter in any other form. Computer generated or other automated entries will not be
accepted. Once submitted, entries may not be altered or deleted.
7. Entrants may enter the Promotion up to the Maximum Number of Entries. Multiple entries (where
permitted) must be submitted separately and must each separately meet any product purchase
requirement specified in the Entry Procedure (if applicable).
8. Entries must be received by the Promoter during the Promotion Period. Online, SMS and other
electronic entries are deemed to have been received at the time of receipt into the promotion
database and not at the time of transmission by the entrant.
Content of entries
9. Entrants must take full responsibility for the content of their entry and for ensuring that their
entry complies with these Conditions of Entry. For the purposes of these content requirements,
“entry content” includes any content (including text, photos, videos and email messages) that
entrants submit, upload, transmit, publish, communicate or use in connection with their entry
into the Promotion.
10. Incomplete and ineligible entries will be deemed invalid. Entries will also be deemed invalid if
they breach these Conditions of Entry as determined by the Promoter in its sole discretion or any
other content guidelines notified by the Promoter during the entry process for the Promotion.
11. Entries must be the entrant’s original work. The Promoter reserves the right to verify, or to
require the entrant to verify, that the entry is the entrant’s original work. If an entry cannot be
verified to the Promoter’s satisfaction, the entry will be deemed invalid.
12. An entrant’s entry must not include:
a) any image or voice of any other person without that person’s express consent. Entrants
warrant that if any such content is included, they have obtained the express consent of the
relevant person;
b) any content that contravenes any law, infringes the rights of any person or is obscene,
offensive, potentially defamatory, discriminatory, indecent or otherwise objectionable or
inappropriate (which includes, without limitation, any content involving nudity, malice,
excessive violence or swearing); and
c) any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any
other item in which copyright subsists, unless the entrant is entitled to do so. If an entrant
has any doubts about whether they have the right to include any content (for example,
recorded music) they must not include it. By including any such content in their entry, the
entrant warrants that they have the permission of the relevant copyright owner to do so
and that this permission allows the Promoter to use the entry in accordance with these
Conditions of Entry.
Madman – Blind Ambition – Penfold’s Wine Pack – Langton’s
13. The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any part
of an entrant’s entry.
14. By submitting an entry to the Promotion, each entrant agrees to assign all rights in the entry to
the Promoter and consents to the Promoter using the entry in any manner the Promoter wishes
(including modifying, adapting or publishing the entry, whether in original or modified form, in
whole or in part or not at all), by way of all media, without payment to the entrant (of royalties,
compensation or otherwise). By submitting an entry, each entrant consents to any dealings with
the entry that may otherwise infringe their moral rights in the entry. The Promoter may copy any
content submitted as part of an entry, cause the content to be seen and/or heard in public, and
communicate the content to the public. It may also allow third parties to do these things.
Facebook promotions
15. If the Promotion is conducted via the Facebook Platform:
a) Entrants acknowledge that the Promotion is in no way sponsored, endorsed or administered
by, or associated with, Facebook.
b) Entrants acknowledge that any information they provide in connection with the Promotion
is provided to the Promoter and not to Facebook.
c) Any questions, comments or complaints regarding the Promotion will be directed to the
Promoter, not to Facebook.
d) Entrants release Facebook and its associated companies from all liability arising in respect
of the Promotion.
How winners are determined and notified
16. The Promotion is a game of skill; chance plays no part in determining the winners. Each valid
entry will be individually judged (by representatives of the Promoter) based on, amongst other
things, the Judging Criteria. The judges' decisions are final and no correspondence will be
entered into.
17. Judging will be conducted in accordance with the Judging Details. The best valid entry or entries
(as applicable) will be awarded a prize in accordance with the Prize Details.
18. If a winning entry is deemed not to comply with these Conditions of Entry, the non-complying
entry will be discarded and a new winner of the prize will be determined by selecting the next
best ranking entry (as determined by the Promoter in its sole discretion).
19. Winners will be notified as specified in the Schedule. The Promoter and the companies and
agencies associated with this Promotion may also publish the name and State/Territory of
winners on their website(s) and in trade publications. By entering this Promotion, each entrant
requests that his or her full address not be published.
Prizes
20. The prize(s) are specified in the Prize Details. The prize(s) are subject to any restrictions
specified in the Schedule. The total prize pool is specified in the Schedule.
21. If the one of the people taking or participating in a prize is under 18 years of age, a parent or
legal guardian of that person must be present for the duration of the prize, as one of the
participants.
Claiming prizes
22. Prizes must be claimed by the Prize Claim Date in accordance with any claim instructions set out
in the Schedule.
23. If a prize is not accepted or claimed by the Prize Claim Date, the relevant winner’s entry will be
deemed invalid and the Promoter reserves the right to distribute the unclaimed prizes to the next
best ranking entry or entries (as applicable), as determined by the Promoter in its sole discretion.
Winners of unclaimed prizes will be notified in writing.
General bits (boring but important)
24. The Promoter accepts no responsibility for any problems or technical malfunction of any
communication network or for any 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 telephone communications, networks or
lines and accepts no responsibility for any problems associated with them, whether due to traffic
Madman – Blind Ambition – Penfold’s Wine Pack – Langton’s
congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences
of user error including (without limitation) any costs incurred.
25. The Promoter may, at its sole discretion, declare any or all entries made by an entrant invalid,
and prohibit further participation by an entrant in this Promotion, if the entrant:
a. fails to verify their personal details and/or eligibility to enter the Promotion to the Promoter's
satisfaction;
b. tampers with or benefits from any tampering with the entry process or the operation of the
Promotion;
c. submits an entry which in the Promoter's opinion is not in accordance with these Conditions
of Entry;
d. acts in a disruptive manner or with the intent to annoy, abuse, threaten or harass any other
person; or
e. engages in conduct in entering the Promotion which in the Promoter’s opinion is fraudulent,
misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion
and/or Promoter. This includes where entrants share receipts or product labels to enter the
Promotion or where entrants use multiple names or addresses to register multiple entries.
26. Entrants must comply with the Verification Requirements. The Promoter may require entrants to
provide these to the Promoter or its agent as part of the entry verification or prize claim process.
Failure to provide these to the Promoter’s satisfaction will result in the relevant entry being
declared invalid (and, at the Promoter’s discretion, in all of the entrant’s entries being declared
invalid).
27. All entries will be the property of the Promoter and will not be returned.
28. Prizes are not transferable or exchangeable and, except for cash prizes, cannot be redeemed for
cash or any other form of compensation. The value of each prize is accurate as at the time of
preparation of this material. The Promoter accepts no responsibility for any variation in the value
of a prize after that date. If a prize is unavailable for any reason, the Promoter may substitute it
for another item of equal or higher value, subject to the approval of the relevant authorities in
the Relevant State(s), if required. If a winner does not take an element of a prize at the time
stipulated by the Promoter, then that element of the prize will be forfeited by the winner and
neither cash nor any other form of compensation will be supplied in lieu of that element of the
Prize. The Promoter accepts no other liability or responsibility for any loss incurred by a winner
or any other party if any prize (or any part of a prize) is unavailable for any reason.
29. If requested by the Promoter, entrants and winners (or their companion(s), if applicable) must
sign (or procure that their parent/guardian signs) an indemnity and exclusion of liability form
provided by the Promoter, in favour of the Promoter and all parties involved in this Promotion
and/or providing the prize, before they participate in the Promotion and/or the prize. If they or
their parent/guardian do not sign that form within the time specified by the Promoter, they will
not be able to participate and the relevant entrant’s or winner’s entry or claim will be deemed
invalid.
30. If requested by the Promoter, entrants and winners (and their companion(s), if applicable) must
participate in all promotional activity (such as publicity and photography) surrounding this
Promotion or their winning of a prize, free of charge, and they consent to the Promoter and its
associated companies and agencies using their name and image in promotional material.
31. If for any reason any aspect of this Promotion does not or 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 which 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, subject to the approval of the relevant
authorities in the Relevant State(s), if required.
32. The Promoter’s decisions in connection with the Promotion are final and no correspondence will
be entered into.
33. Entrants acknowledge that there may be inherent risks in some aspects of the Promotion or the
prize and that participation in the Promotion or the prize may involve participating in dangerous
activities. By entering this Promotion and/or accepting the prize, entrants accept that risk for
themselves and for their companion(s) (if applicable).
34. The Promoter, its associated agencies and companies and the agencies and companies associated
with this Promotion (including Facebook, if the Promotion is conducted via a Facebook Platform)
Madman – Blind Ambition – Penfold’s Wine Pack – Langton’s
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) in connection with this Promotion or
accepting or using a prize, except for any liability which cannot be excluded by law (in which case
that liability is limited to the minimum allowable by law).
35. The Promoter and its associated agencies and companies will not be liable for any damage to or
delay in transit of prizes.
36. The Promoter may at its absolute discretion prohibit an entrant’s participation in this Promotion,
cancel or suspend a prize or other cease to provide any prize to a winner if the entrant or winner
(or any companion) is (in the Promoter’s opinion) under the influence of alcohol or drugs,
behaves aggressively or disruptively, or behaves in a manner which may diminish the good name
and reputation of the Promoter or its products and brands, or is contrary to law or is otherwise
inappropriate.
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.
38. The information entrants provide will be used by the Promoter for the purpose of conducting this
Promotion. The Promoter may disclose entrants’ personal information to companies and agencies
connected with this Promotion and to relevant authorities in the Relevant States, and the winner’s
name and State/Territory of residence may be published in accordance with these Conditions of
Entry and as required under relevant legislation. The Promoter’s privacy policy is available at
http://www.madman.com.au/privacy/index.do
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