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“JOIN JACK AT THE FALLS MUSIC AND ARTS FESTIVAL” PROMOTION TERMS AND CONDITIONS
“JOIN JACK AT THE FALLS MUSIC AND ARTS FESTIVAL” PROMOTION TERMS AND CONDITIONS
1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. The Promoter is Brown-Forman Australia Pty Ltd (ABN 87 000 064 086) of Level 6, 280 Elizabeth Street, Surry Hills NSW 2010. Telephone: (02) 9764 8777.
3. Entry is only open to Australian residents aged 18 years or over.
4. Employees (and their immediate families) of the Promoter, Cellarbrations 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.
5. Promotion commences on 18/0902/10/2017 and entries close at 11:59pm AEDT on 1529/10/2017 (“Promotional Period”).
6. To enter, individuals must complete the following steps during the Promotional Period:
a. Spend $15 or more on any Jack Daniel’s product(s) in a single transaction at a Cellarbrations store (“Qualifying Transaction”). Upon making their Qualifying Transaction, individuals will be handed a promotional flyer from a member of staff, which contains a unique code (“Unique Code”) and instructions on how to enter the promotion. If a promotional flyer is not automatically handed to them, it is the individuals responsibility to request one; and then
b. Visit www.jackspromo.com.au/cbnfalls follow the prompts to the promotion entry page, input the requested details (including their full name, address, email, mobile number, date of birth and the Unique Code) and submit the fully completed online entry form.
7. 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.
8. Incomplete or indecipherable or illegible entries will be deemed invalid.
9. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per Qualifying Transaction, regardless of the number of Jack Daniel’s products purchased in that transaction in excess $15; (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; (e) unrecognised codes will be deemed invalid; and (f) a limit of two (2) entries per person per day applies.
10. Entrants must retain either their original OR a copy of their purchase receipt(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, that a minimum of $15 was spent on Jack Daniel’s product(s) and that the purchase was made during the Promotional Period but prior to entry.
11. 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.
12. The draw will take place at Anisimoff Legal, Suite 5, Erina Plaza, 210 Central Coast Highway, Erina NSW 2250 on 20/1003/11/2017 at 2pm AEDT. The winners will be notified in writing within two (2) business days of the draw and their names will be published online at www.jackspromo.com.au from 23/1006/11/2017. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
13. The Promoter’s decision is final and no correspondence will be entered into.
14. The first seven (7) valid entries drawn will each win a double general admission pass for two (2) adults to Falls Music and Arts Festival Byron Bay valued at up to $6,000. Prize includes:
• Two (2) return economy class airfares from the winner’s nearest capital city or major town to Ballina airport (if required);
• Return transfers between airport and accommodation;
• Three (3) nights twin share four (4) star accommodation;
• Two (2) general admission tickets to Falls Music and Arts Festival; and
• $250 spending money for the winner only.
15. Additional spending money, additional transfers, meals, taxes (excluding airline and airport taxes), transport to and from departure point, insurance, items of a personal nature, in-room charges and all other ancillary costs are not included. Prize must be taken to coincide with Falls Music and Arts Festival Byron Bay (held late December 2017) and is subject to booking and flight availability.
16. If a winner resides within a 100km radius of Byron Bay, the airfare component of the prize will be forfeited and not redeemable for cash.
17. Winners and their 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 winners 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. Winners may be required to present their credit card at time of accommodation check in.
18. The Falls Music and Arts Festival tickets are subject to the event venue and ticket terms and conditions, including any applicable age restriction. The Promoter and event organisers hereby expressly reserve the right to eject any winner (and/or his/her companion) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.
19. Subject to the unclaimed prize draw clause, if for any reason a winner does not take/redeem the prize (or an element of a prize), at the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash.
20. If the prize (or part of the 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.
21. Total prize pool value is up to AU$42,000.
22. Prizes, or any unused portion of a prize, is not transferable or exchangeable and cannot be taken as cash.
23. A draw for any unclaimed prizes may take place on 0104/12/2017 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners, if any, will be notified in writing within two (2) business days of the draw and their name will be published online at www.jackpromo.com.au from 0408/12/2017.
24. 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.
25. The Promoter encourages consumers to enjoy 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.
26. 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.
27. 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.
28. 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.
29. 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 (“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.
30. 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) if the Jack Daniel’s BBQ Championships or Tennessee Titans home game events are delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter (f) any tax liability incurred by a winner or entrant; or (g) any prize.
NSW Permit No. LTPS/17/15859 ACT Permit No. TP17/01346 SA Permit No. T17/1280