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.
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 Entry 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.
Prizes
3 If you win, you agree that you and your companion/s (as relevant), will not sell or otherwise commercially
provide your story and/or photographs relating to the prize/s to any media or other organisation that is
not the Promoter.
4 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.
5 You are responsible for all other unspecified costs related to your prize including any installation costs,
costs associated with ongoing use of the prize, etc.
6 The Promoter is not responsible for any dispute between you and any person with whom you choose to,
or choose not to, share the prize.
7 Where relevant, the Promoter accepts no responsibility if one or more of the events or activities awarded
as part of a prize are abandoned, called off or postponed for any reason. In that case you/your
companion/s forfeit your entitlement to that event/activity. Unless otherwise specified by the Promoter,
you will not be given cash or any alternative prize as a substitute for this altered prize element.
General
8 Any failure by you or (if applicable) your companion/s 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supplier(s) may result in the prize being cancelled or withdrawn without liability for the Promoter or the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).
9 If specified, in order to participate in the activity/activities awarded as part of the prize, you/your
companion/s must comply with any applicable conditions (e.g. height, weight, health and fitness
requirements). You must ensure that you/your companion/s are healthy and fit enough to take the prize.
You/your companion/s must follow all requirements of the people responsible for managing the relevant
activity/ies.
10 You/your companion/s must, if required by the Promoter, sign disclaimer and release forms provided by
the Promoter in favour of the Promoter and other parties before taking the prize. If you or any
companion/s do not sign, your entry will be deemed invalid and you will lose any entitlement to a prize.
11 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.
Ts_Cs - Prosecco Let_s Go Promotion_12935062_23 (3)[1] (2).DOCX
© 2020 Gadens Lawyers 6
12 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.
13 If companion/s can take a prize with you, you are responsible for your companion/s and the Promoter
may disqualify all entries from, and prohibit further participation in this competition by, you or any or all
of your companion/s if they breach these conditions, whether or not legally bound by them.
14 If you (or your companion/s, if applicable), in the opinion of the Promoter (and/or a medical professional,
as relevant to the circumstances), are intoxicated, under the influence of alcohol or any other drug,
behave aggressively or offensively, or behave in a manner which may diminish the good name or
reputation of the Promoter or any of its related entities or the agencies or companies associated with this
competition, is contrary to law or is otherwise inappropriate, the Promoter may cancel the prize or restrict
you (and your companion/s) from participating in any elements of the prize, at its discretion.
15 The Promoter is not liable for entries, prize claims or correspondence that are misplaced, misdirected,
delayed, lost, incomplete, illegible or incorrectly submitted.
16 The Promoter’s decision in connection with all aspects of this competition is final.
17 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.
18 By entering, you request that your full address not be published.
19 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.
20 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.
21 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.
Liability
22 Nothing in these Terms and Conditions restricts, excludes or modifies any consumer rights under any
statute including the Competition and Consumer Act 2010 (Cth).
23 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).
24 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.
25 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
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