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Dan Murphy’s Aussie Wine Month Competition Terms & Conditions
Dan Murphy's·Friday, 28 April 2017
1. Information on how to enter this Promotion and Prize details form part of these Terms and Conditions of entry (Terms). These Terms apply to the Promotion and entry into the Promotion is deemed acceptance of these Terms.
2. The promoter is Woolworths Limited of 1 Woolworths Way, Bella Vista, NSW, 2153 (ABN 88 000 014 675), trading as Dan Murphy’s. Entrants are providing information to the Promoter.
3. The Promotion will be open from 9:00am on Monday 1st May, 2017 and will close at 23:59pm on Tuesday 23rd May, 2017 AEST.
4. Entry is open to Australian residents aged 18 years and over, who have a valid Facebook account, excluding:(a) management, employees, directors and contractors of the Promoter, its related entities, and other agencies, firms or companies associated with the Promotion (including suppliers of Prizes);(b) a spouse, de-facto spouse, parent, guardian, child or sibling of a person referred to in paragraph 4(a) of these Terms:(c) persons who have won a prize or prizes valued either individually or collectively at more than $1,000 (including GST) in any Promotion run by or on behalf of the Promoter, within the 12 months prior to the commencement of the Promotion Period;(d) persons who have used or attempted to use any more than one name in order to qualify to win a promotion run by or on behalf of the Promoter (except in the case of a legal change of name); and(e) persons who have breached the terms and conditions of any promotion run by or on behalf of the Promoter,(Eligible Entrants). The persons referred to in paragraph 4(b) of these Terms includes natural and non-natural relations (in the opinion of the Promoter) and the Promoter is responsible for determining whether a person is an Eligible Entrant in its absolute discretion. By entering this Promotion you represent that you are eligible to enter.
5. a)To enter the Promotion and be eligible to win, Eligible Entrants must, during the Promotion Period: Write or upload a photo on the Dan Murphy's Facebook Aussie Wine Month competition wall post and Answer the following question“Tell us in 25 words or less what is your favourite Australian wine region and why?” (Promotion Question)(Eligible Entry).
b) If the Eligible Entrant submits a photograph in response to the Promotion Question, the Eligible Entrants agrees to the photograph being made available for public viewing and:
any person depicted in a photograph uploaded must be decently dressed and presented;
all photographs are subject to the approval of the Promoter. The Promoter reserves the right to vet all entries at any time and reserves the right to request the removal of any entries from Facebook or such websites at any time in its absolute discretion. However, the Promoter is not responsible for any photographs uploaded to any Facebook (as defined in clause 13) or website and visitors to the site view it at their own risk;
entrants must own the copyright in the photograph uploaded or be entitled and have permission to use the photograph in the manner contemplated by these terms, including use of the photograph for promotional purposes;
the entrant has the permission of each other person featured in the photograph, or, if any other person is under the age of 18, the permission of their parent or legal guardian, to enter the photograph in accordance with these terms and conditions; and
entrants must notify each other person featured in the photograph, or, if any other person is under the age of 18, that person’s parent or legal guardian, of the Promoter’s privacy policy (available at https://www.danmurphys.com.au/help/...) and each person or parent or legal guardian (as the case may be) has agreed to that privacy policy.
6. There is a limit of one entry per Eligible Entrant during the Promotion Period.
7. Eligible Entrants can only enter the Promotion in their own name.
8. By submitting an entry, Eligible Entrants agree that the Promoter may make their Eligible Entry available to the public by: Commenting, sharing or uploading response on the Promoter’s Facebook website at https://www.facebook.com/danmurphys...; and The Promoter reserves the right to remove any materials from https://www.facebook.com/danmurphys....
9. The Promoter accepts no responsibility for any entries not received for any reason during the Promotion Period. Entries will be deemed to be accepted at the time of receipt by the Promoter. No responsibility will be taken for lost, late or misdirected entries or entries not received for any reason. The Promoter is not responsible for technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times.
10. Incomplete, illegible, indecipherable or incorrect entries, or entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights (including intellectual property rights are invalid.
11. Any entrant who, in the opinion of the Promoter, tampers or interferes with the entry mechanism in any way, or who does not properly comply with the entry process, will be ineligible to win. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Terms.
12. Judging of all Eligible Entries received during the Promotion Period will take place on Wednesday 24th May, 2017 for both the Major & Minor Prizes. All Eligible Entries will be assessed in the Judging process and will be judged on their creativeness & relevance to the competition.
13. Judging will be conducted by representatives of Dan Murphy’s. The judges' decision in relation to any aspect of this Promotion is final and binding on each person who enters this Promotion. This is a game of skill and chance plays no part in determining the Winners.
14. The Eligible Entrants with the best answers to the entry question], as determined by the judges in their sole discretion, will win one of the below Prizes (Winners).
15.a) The Prizes are:
MAJOR PRIZE:
If the winner is based interstate:
- Economy class flights for two adults to Melbourne from winner's nearest city
- 1 nights’ accommodation for two people in Melbourne
- Private consultation at the Dan Murphy’s Cellar in Prahran, Melbourne
- $500 to spend in-store at Dan Murphy’s Cellar at the time of consultation
If the winner is based in Melbourne:
- Private consultation at the Dan Murphy’s Cellar in Prahran, Melbourne
- $500 to spend in-store at Dan Murphy’s Cellar at the time of consultation
Total prize value:
Total prize value for Melbourne based winner: (excludes flights + transfers to Melbourne): $500
Total prize value for interstate based winner (includes flights + transfers to Melbourne) $2360**
MINOR PRIZES:
Additional 3 x $100 Dan Murphy’s gift card for best entry. Prize 1: 1 x $100 gift card; Prize 2: 1 x $100 gift card; Prize 3: 1 x $100 gift card
(Prizes)
a) Acceptance and use of the Prizes are subject to availability and the terms and conditions imposed by those involved in providing goods and/or services as part of or in connection with the Prizes.
b) Any components of the Prizes not used by the Winner[s] is forfeited and the Promoter is not obliged to provide the Winner[s] with the cash equivalent of or any substitute for any Prizes component in those circumstances.
c) By accepting and using the Prizes, the Winner[s] agrees: To not act or fail to act in a manner which brings or may in the Promoter's opinion bring the Promoter or its related entities into disrepute, during the course of their participation in the Promotion.
16. The Promoter accepts no responsibility for any variation in the value of a Prizes, or for any tax liabilities that may arise from winning the Prizes.
17. The Prize are not transferable and cannot be exchanged as cash. Standard ticket terms and conditions apply. All other costs associated with the Prizes are the responsibility of the Winner[s].
The winner's travel companion must be over the age of 18. The Promoter reserves the right to request a winner’s travel companion (if any) to produce within the requested time appropriate photo identification or other documentation (to the Promoter’s satisfaction, in its sole discretion) in order to confirm the travel companion’s identity and age before issuing a prize.
The Winner and their companions are solely responsible for any travel insurance, medical and/or any other similar insurance cover required either for the trip or for personal injury associated with participation in activities and expenses not listed in these Terms and Conditions of entry. The Winner may extend their stay at their own expense.
The Promoter is not responsible for cancellation, delays or changes to flights or any part of the prize or for the inability of a prize winner to take up any part of the prize due to problems with flights, travel or other factor outside the Promoter’s control.
The winner (and their companion) is responsible for all other expenses including spending money over what is stated, meals (unless specified), drinks, transfers (unless specified), laundry charges, activities (unless specified), incidentals, taxes (excluding departure and any other flight associated taxes included within the prize), energy surcharges, gratuities, services charges, passports, visas, travel insurance and all other ancillary costs. Travel insurance is highly recommended to protect against the additional costs incurred in the event of unforeseen circumstances.
The winner and their travelling companion must travel at the same time, must depart from the same capital city and are responsible for transport from their residence to the airport in their nearest capital city for flight departure.
To the full extent permitted by the law neither the Promoter nor any of their associated agencies accepts any liability for any injury, damages, expenses or loss whatsoever (whether direct or consequential) to persons or property arising from or in connection with this offer.
Air tickets are available on the regular scheduled services of each airline and are subject to seasonal embargos. Flight itinerary may have to be adjusted depending on the airlines departure city and their current flight schedule. Frequent Flyer points are not available from any airline.
18. A credit card imprint or cash deposit may be required from the winner at check-in to the hotel, for all incidental charges. Once accommodation vouchers are issued they are non-changeable.
19. The Winner[s] will be notified in writing by Facebook private message, letter,by Friday 26 May, 2017.
20. The Winner's details will be published on the Dan Murphy's Facebook on Sunday 28 May, 2017.
21. The Promoter reserves the right to request that a Winner[s] provides proof of his / her identity, residency and / or age prior to awarding a Prizes. Proof of identification, residency and /or age considered suitable for verification is at the discretion of the Promoter. In the event that the Winner[s] cannot provide suitable proof, in the time frame required by the Promoter, the Winner[s] will forfeit the Prize and no substitute will be offered. In this event, that Winner's Prize will be awarded to the next best entry as assessed by the judge[s] during the Judging.
22. If the Promoter is unable to contact the Winner[s] to claim fulfilment of their Prize within 7 days of the announcement Date Friday 26 May, 2017 or a Winner cannot provide suitable proof as required by clause 20, that Winner will forego their Prize in its entirety and the Prize will be awarded to the next best entry as assessed by the judge[s] during the Judging.
23. The prize will be delivered to or collected by the winner[s] to be confirmed after the winner[s] are announced.
24. The winner will have six months to redeem their prize (Until end of November 2017).
25. The Promoter shall not be liable for any Prize that may be lost, stolen, forged, damaged or tampered with in any way before it reaches the Winner[s].
26. In the event that the Promoter is unable to supply the Prizes, the Promoter reserves the right to supply an alternative prize of similar monetary value.
27. The Promoter’s decision is final on all matters and no correspondence will be entered into.
28. Winner[s] must, at the Promoter's request, participate in all promotional activity (such as publicity and photography) surrounding the winning of the Prizes, free of charge, and they consent to the Promoter using their name and image in promotional material for an unlimited time and without remuneration.
29. Eligible Entrants agree and acknowledge that all entries and any intellectual property rights subsisting in their entries become and remain the property of the Promoter.
30. The Promoter collects personal information about entrants to include entrants in the Promotion and where appropriate award the Prizes. If the personal information requested is not provided, the entrant cannot participate in the Promotion. By participating in the Promotion, each Eligible Entrant consents to disclosing their personal information to the Promoter and the Promoter using, and disclosing their personal information to the relevant authorities in the relevant States, the Promoter's related entities, the Promoter's agencies and other third parties engaged to provide services in connection with the Promotion (including suppliers of Prizes) for the following purposes:
a) Conducting the Promotion;
b) Contacting the entrant in relation to the Promotion;
c) Publishing the winners name and State / Territory of residence in accordance with these Terms and as required under relevant legislation;
d) Improving the Promoter's or the Promoter's related entities' goods and services; The Eligible Entrant provides this consent until such a time as they withdraw their consent by giving notice to the Promoter. Eligible Entrants can also gain access to, update or correct any personal information held by contacting the Promoter at the details listed in paragraph 2 of these Terms. The Promoter's privacy policy can be found here https://www.danmurphys.com.au/help/... and also contains information about how Eligible Entrants can make a complaint. All personal information will be stored at the office of the Promoter. No personal information will be disclosed overseas.
31. The Promoter is not responsible for any technical malfunctions or problems with internet or network congestion, including injury or damage to a participant’s or any other person’s computer related to participation in this Promotion and problems with transmission of entries and/or emails over the internet, acts in violation of these terms and conditions, acts in a disruptive manner, or acts with the intent to annoy, abuse, threaten or harass any other person.
32. Acceptance and use of the Prizes are subject to any terms and conditions imposed by those involved in providing goods and/or services as part of or in connection with the Prize (Third Party Terms). The Winner[s] is responsible for complying with all applicable Third Party Terms, and bears all risk associated with failure to comply with any of them. The Promoter assumes no liability (and will provide no compensation) as a result of any failure to comply with any Third Party Terms.
33. All costs associated or arising in connection with participating in the Promotion and the Prize are the responsibility of the Eligible Entrants. Any costs associated with accessing the Internet are the Eligible Entrant's responsibility, and depend on the internet service provider used.
34. Entrants:
a) acknowledge that the Promotion is in no way sponsored, endorsed or administered by Facebook
b) release Facebook and their associated companies from all liability arising in respect of the competition. 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 http:www.facebook.com/legal/terms
35. The Promoter will not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for personal injury which is suffered or sustained, in connection with this Promotion or as a result of accepting or using the Prizes, except for any liability which cannot be excluded by law.
36. If the 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 any applicable regulatory authority, to modify, suspend, terminate or cancel the Promotion, as appropriate.
37. The Promoter encourages consumers to enjoy alcohol in moderation. Legal aged consumers are advised to consider the "Australian guidelines to reduce health risks from drinking alcohol" recommended by the Department of Health. A full version of the guidelines is available at: http://www.alcohol.gov.au/internet/.... Participation in the Promotion is subject to relevant liquor legislation in each applicable State and each Participating Outlet’s liquor licence obligations including the responsible service of alcohol. Consumers are also encouraged to visit the Australian Government’s information site for alcohol at www.alcohol.gov.au.
38. These conditions are governed by the laws of New South Wales.