“JIM BEAM FIRST CHOICE KENTUCKY TRIP” TERMS AND CONDITIONS
Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
The promoter is Beam Suntory Australia Pty Ltd (ABN 85 003 953 357) of Level 18, 100 Pacific Highway, North Sydney, NSW 2060 (“Promoter”). Telephone: 02 8977 9700.
“JIM BEAM FIRST CHOICE KENTUCKY TRIP” TERMS AND CONDITIONS
Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
The promoter is Beam Suntory Australia Pty Ltd (ABN 85 003 953 357) of Level 18, 100 Pacific Highway, North Sydney, NSW 2060 (“Promoter”). Telephone: 02 8977 9700.
Entry is only open to Australian residents aged 18 years or over who can take the major prize as outlined in clause 14 below.
Employees (and their immediate families) of the Promoter, Participating Stores (as defined below) 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.
Promotion opens for purchases on 18/04/2018 and closes for purchases at 11:59pm AEST on 01/05/2018 (“Purchase Period”). Promotion opens for entries on 18/04/2018 and closes for entries at 11:59pm AEST on 15/05/2018 (“Entry Period”).
To enter, individuals must complete the following steps:
Spend $30 or more on any Jim Beam product(s) in a single transaction at a Participating Store (“Qualifying Transaction”) during the Purchase Period. A participating store is any First Choice store in Australia that displays promotional material for the promotion (“Participating Store”). Upon making their Qualifying Transaction, individuals will be provided a promotional entry card, which will contain a unique code (“Unique Code”), while stocks last. In the event a Unique Code is not automatically provided by a member of staff, it is the individual’s responsibility to request one; and then
Visit firstchoice-kentucky.jimbeampromotions.com.au, follow the prompts to the promotion entry page, input the requested details (including their first name, surname, age, email address, mobile number and their Unique Code) and submit the fully completed entry form so that it is received during the Entry Period.
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.
Incomplete or indecipherable entries will be deemed invalid.
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.
Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per Qualifying Transaction (regardless of the amount spent in excess of $30 on Jim Beam products in that transaction); (b) each entry must be submitted separately and in accordance with entry requirements; (c) only one (1) Unique Code per entry is permitted; (d) the same Unique Code cannot be used more than once; and (e) unrecognised codes will be deemed invalid.
Entrants must retain their original purchase receipt(s) and Unique Code(s) for all entries as proof of purchase. Failure to produce the proof of purchase for all entries 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. Purchase receipt(s) must clearly specify the store of purchase and that the purchase was made during the Purchase Period but prior to entry.
The Promoter’s decision is final and no correspondence will be entered into.
The draw will take place at Anisimoff Legal, Suite 5, Erina Plaza, 210 Central Coast Highway, Erina NSW 2250 on 21/05/2018 at 10am AEST. The winners will be notified in writing within two (2) business days of the draw and their names will be published at firstchoice-kentucky.jimbeampromotions.com.au from 28/05/2018.
The first valid entry drawn will win the major prize of a trip for two (2) adults to Louisville, Kentucky USA valued at up to AUD$15,000(depending on date and point of departure). Prize includes:
Two (2) x return economy class airfares from winner's nearest capital city to Louisville, Kentucky USA;
Return transfers between airport and accommodation;
Four (4) nights twin share minimum 4 star accommodation (including breakfast daily on set menu);
Five days unlimited kilometre car hire (petrol not included);
VIP Jim Beam and Makers Mark Distillery Tour (including lunch at the Jim Beam distillery, a Jim Beam signature cocktail (subject to the winner and his/her companion being 21 years of age or over), a custom take home bottle of Jim Beam (subject to the winner and his/her companion being 21 years of age or over), and a Markers Mark bottle dip experience);
Dinner for two (2) adults at a restaurant to be determined by the Promoter (up to the value of AUD$400 issued in the form of a voucher);
Travel insurance for two (2) adults (subject to clause 15 below); and
AUD$1,000 spending money for the winner only (awarded via EFT or cheque).
Either the major prize winner or his/her companion must be aged 21 years or over and have an eligible driver’s license (full license held for a minimum of one (1) year). The legal drinking age in the USA is 21 years of age.
Additional spending money, additional meals, taxes (excluding airline and airport taxes) insurance, passports, visas, vaccinations, transport to and from departure point, items of a personal nature, in-room charges and all other ancillary costs are not included. Prize must be taken by 20/05/2019 and is subject to booking and flight availability. Prize must be booked at least sixty (60) days prior to intended travel departure date. Prize availability cannot be guaranteed during Australian school holidays, public holidays or other peak periods (e.g. Kentucky Derby race meet). The major prize winner and his/her companions must depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter in agreement with the major prize winner but in the event that agreement cannot be reached, the Promoter reserves the right to determine the itinerary. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. The major prize winner may be required to present their credit card at time of accommodation check in. The major prize winner and his/her companion are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation. The major prize winner and his/her travel companion must meet the eligibility requirements of the ESTA visa for entry into the USA and will be responsible for securing/obtaining their ESTA visa prior to their departure. Once the prize has been booked, changes are not permitted, unless otherwise authorised by the Promoter in its discretion, in which case a fee of $150 (including GST) will be incurred for any changes made. All prize suppliers (including the airline) will be chosen at the discretion of the Promoter’s prize agency (33 Degrees Worldwide Pty Ltd).
The major prize winner and his/her companion will each be required to fully complete a travel insurance application form provided by the Promoter, and may also be required to undergo medical tests as required by the Promoter’s nominated travel insurer, in order to redeem the travel insurance element of the prize. Any person found guilty of insurance fraud or failure to honestly and accurately disclose all relevant insurance information at the time of applying for a travel insurance policy or when making a claim forfeits any rights or entitlements to the travel insurance element of the prize. Travel insurance will be provided by the Promoter’s nominated travel insurer, and subject to approval by the travel insurer. In the event that the Promoter’s nominated travel insurer refuses to issue insurance to the winner and/or companion, the winner forfeits that travel insurance element of the prize. Travel insurance is subject to the terms and conditions issued by the Promoter’s nominated travel insurer, including but not limited to any limitations on the covered amount. If the winner declines travel insurance as provided by the Promoter’s nominated travel insurance, the winner and his/her companion will be required to complete a travel insurance waiver form acknowledging that they understand the benefits of travel insurance but decline to take out the policy. The major prize winner and his/her companion agree that they will not sell or otherwise provide their story and/or photographs to any media outlet or other organisation.
The next twenty (20) valid entries drawn will each win a Jim Beam Wooden Barrel Cooler valued at $399.95.
If any prize (or part of any 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.
Total prize pool value is up to AUD$22,999.
Prizes are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
Subject to the unclaimed prize draw clause, if for any reason a winner does not take / redeem a prize (or an element of a prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
A draw for any unclaimed prizes may take place on 21/08/2018 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winners, if any, will be notified in writing within two (2) business days of the draw and their names will be published online at firstchoice-kentucky.jimbeampromotions.com.au from 28/08/2018.
As a condition of accepting the major prize, the winner (and his/her companions) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form, by the requested date.
In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify a prize, subject to any written directions from a relevant regulatory authority.
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.
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.
Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
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.
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 2010, 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.
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, taking of or participation in any element of a prize.
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 www.jimbeam.com/en-int/privacy. 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 and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, 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. Unless otherwise indicated by the Promoter, the Promoter may disclose personal information to entities outside of Australia (see the Promoter’s Privacy Policy for details).
NSW Permit No. LTPS/18/22110 ACT Permit No. TP18/00296 SA Permit No. T18/248
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