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Cellarbrations Christmas 2019 Promotion Terms & Conditions ("Conditions of Entry")

Cellarbrations Christmas 2019 Promotion Terms & Conditions ("Conditions of Entry")

Schedule

Promotion:

Cellarbrations Christmas 2019 Promotion

Promoter:

Metcash Trading Limited (ALM) ABN 61 000 031 569, 1 Thomas Holt Drive, Macquarie Park, NSW 2113, Australia. Ph: 0296470813

Purchase Period:

Start Date: 01/12/19 at 09:00 am AEDT

End Date: 22/12/19 at 11.59 pm AEDT

Entry Period / Promotional Period:

Start Date: 01/12/19 at 09:00 am AEDT

End Date: 29/12/19 at 11.59 pm AEDT

Eligible entrants:

Entry is only open to Australian residents who are 18 years and over.

How to Enter:

To enter the Promotion, the entrant must complete the following steps:

a)      purchase any Participating Product (as outlined below) in one (1) transaction (“Qualifying Transaction”) from any Cellarbrations store within Australia ("Participating Venues") during the Purchase Period; and

b)      visit www.cellarbrations.com.au/promotions, follow the prompts to the Promotion entry page; and fully complete and submit the online entry form with their personal details (first name, last name, email address, mobile number, State/Territory of residence and postcode) and upload a scanned copy or photo of their receipt for the Qualifying Transaction. Entry must be submitted by 29/12/19 at 11:59 pm AEDT.

Entrants have the option to select a tick box on entry to consent to receipt of marketing messages from Cellarbrations

Proof of Purchase:: The entrant must retain proof of purchase. The proof of purchase required is an original receipt for the Qualifying Transaction.

Participating products:

  •   Campo Viejo Cava Brut Reserva 750mL
  •   Chivas Regal 12 Year Old Scotch Whisky 700mL
  •   James Squire 150 Lashes Stubbies 345mL x 24 Pack
  •   Furphy Ale Stubbies or Cans 375mL x 24 Pack
  •   XXXX Gold Stubbies 375mL x 24 Pack
  •   Emu Export Block Cans 375mL x 30 Pack
  •   West End Draught Block Cans 375mL x 30 Pack
  •   Iron Jack 3.5% Crisp Lager Block Cans 375mL x 30 Pack
  •   James Boag's Draught Stubbies or Cans 375mL x 24 Pack

Entries permitted:

Multiple entries permitted, subject to the following:

a)      limit one (1) entry permitted per Qualifying Transaction (regardless of the number of Participating Product/s in excess of one (1) purchased within the transaction); and

b)      each entry must be submitted separately an in accordance with the entry instructions above.

The entrant is eligible to win a maximum of one (1) prize (excludes SA residents).

Winner Determination:

  •   The Major Prize Draw will take place at Plexus, Level 4, 411 Collins Street, Melbourne VIC 3000 at 02:30 pm AEDT on 08/01/20 using computerised random selection.
  •   The first valid entry drawn will be deemed the Major Winner and will win the opportunity to play the Spinning Wheel game for the chance to win $100,000.
      See below for details.
  •   The next fifty (50) valid entries drawn will each win a $100.00 Cellarbrations gift card (“Minor Prize”).

Spinning Wheel Game Details:

  • The electronic Spinning Wheel Game (“Game”) will take place at 2pm AEDT on 21/01/19. The Major Winner will be contacted via Skype (or similar e.g. FaceTime) in order to play the Game.
  • Proxy: If the Major Winner cannot participate in the Game on the above date/time, the Promoter will consult with the Major Winner to determine a date/time suitable for both the Major Winner and the Promoter (which may not take place any later than the prize claim date/time of 08/04/20 at 02:30 pm AEST), subject to the Promoter’s approval. If the Major Winner cannot participate in the Game on any suggested dates/times specified by the Promoter, they may appoint a proxy over 18 years of age to play the Game on his/her behalf provided the Major Winner gives the Promoter written, signed notice to that effect before the start of the Game. If the Promoter has not been able to contact the Major Winner before the start of the Game, a representative of the Promoter will play the Game on the Major Winner’s behalf.
  • The Promoter will make all reasonable attempts to get in touch with the Major Winner before the prize claim date/time of 08/04/20 at 02:30 pm AEST. However, if the Promoter is unsuccessful the Major Prize winner will forfeit their right to the prize and the opportunity to play the Spinning Wheel game will be awarded to the first valid entrant drawn in the unclaimed prize draw.
  • For the Game, the Major Winner/proxy/representative (“Attendee”) will be required to pick a number between one (1) and one-hundred (100). A representative of the Promoter will enter the number selected by the Attendee into the electronic Spinning Wheel Game system (computerised system). The electronic Spinning Wheel will contain 100 wedges; only one (1) wedge will relate to the Major Prize; and all other wedges will relate to the Consolation Prize. Once the number is inputted into the electronic Spinning Wheel Game system, the Promoter’s representative will select the button to spin the electronic wheel. Once the ‘’spin’’ button is selected the button will disappear and no other number can be inputted into the system.
  • The Promoter’s representative will confirm with the Attendee the exact number they want to enter into the Spinning Wheel game before this is entered into the system. If the Attendee changes their mind on the number, it is only the last number provided to the Promoter’s representative prior to the selection of the ‘’spin’’ button which will be entered into the Spinning Wheel game.
  • Once the spin has finished the electronic system will return a message of either ‘’Winner’’ or ‘’No Luck’’. If the ‘’Winner’’ message appears, then the Major Winner will receive the Major Prize. However, if the ‘’No Luck’’ message appears the Major Prize will NOT be awarded, and the Major Prize winner will instead receive the Consolation Prize.
  • The "Major Prize" is $100,000.
  • The "Consolation Prize"is a $1,000 Cellarbrations gift card
  • The Major Prize, if won, will be awarded via cheque made payable to the Major Winner; or if the winner elects, the prize will be paid by EFT to a bank account in the Major Winner’s name.
  • The Major Winner’s odds of winning the Major Prize, are 1 in 100. The odds of being drawn as a Major Winner may be significantly higher than the odds of the drawn Major Winner winning the Major Prize, and will depend upon the number of entries received.

Total Prize Pool:

Up to AUD $105,000.00

Winner notification:

The winners will be contacted by email within two (2) business days of the draw. The Major Prize winner will be published in The Australian on 15/01/20.

Unclaimed Prizes:

Prizes must be claimed by 08/04/20 at 02:30 pm AEST. In the event of an unclaimed prize, the prize will be redrawn on 09/04/20 at 02:30 pm AEST at Plexus, Level 4, 411 Collins Street, Melbourne VIC 3000. The winners of the redraw will be notified by email within two (2) business days of the redraw. If the Major Prize is awarded in the re-draw, the winner of that prize will be published in The Australian on 16/04/20.

 

  • 1 The entrant agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise.
  • 2 The Promotion commences on the Start Date and ends on the End Date ("Promotional Period"). Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
  • 3 Valid and eligible entries will be accepted during the Promotional Period.
  • 4 Employees (and the immediate family members) of the Participating Venues, agencies/companies directly associated with the conduct of this Promotion, the Promoter, its distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. "Immediate family member" 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 The draw conductor may draw additional reserve entries in case an invalid entry or entrant is drawn.
  • 6 If a draw is scheduled on the weekend or a public holiday, the draw will be conducted at the same time and location on the following business day. The Promoter will ensure each draw is open for public scrutiny and anyone may witness the draw on request. The winner of a drawn prize is determined by chance.
  • 7 Any ancillary costs associated with redeeming a gift card are not included. Any unused balance of the gift card will not be awarded as cash. Redemption of the gift card is subject to any terms and conditions of the issuer including those specified on the gift card.
  • 8 All reasonable attempts will be made to contact each winner.
  • 9 If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize by the time specified by the Promoter, or is unavailable, they forfeit the prize and the Promoter is not obliged to substitute the prize.
  • 10 Where entry is allowed by purchase or subscription, the cost of the product or service is no greater than the cost would be without the opportunity to participate in the Promotion.
  • 11 Entrants must keep their proof of purchase specified in the How to Enter section for each entry as proof of purchase ("Proof of Purchase"). If an entrant fails to produce the Proof of Purchase for a specific entry or each entry, as and when requested by the Promoter, the Promoter has the right to invalidate the entrant's respective entry/entries for which Proof of Purchase cannot be provided and/or all entries submitted by that entrant and/or forfeit the entrant's right to a prize. Purchase receipt(s) must clearly specify: (a) the store of purchase as a Participating Venue; (b) the required product/s or service/s to be purchased for entry; and (c) that the purchase was made during the Purchase Period and prior to entry.
  • 12 The Promoter supports the responsible service of alcohol and encourages consumers to enjoy alcohol responsibly. Entrants will be refused service of alcohol or provision of an alcohol beverage if it would breach any laws, codes or policies including those of the relevant liquor licensee relating to the responsible service of alcohol. Legal aged consumers are advised to consider the safe drinking levels recommended in the National Health and Medical Research Council Australian Guidelines to Reduce Health Risks from Drinking Alcohol. A full version of these Guidelines is available at https://nhmrc.gov.au/about-us/publications/australian-guidelines-reduce-health-risks-drinking-alcohol. Please refer to the GL4001 "Liquor promotion guidelines" and GL4003 "Intoxication guidelines" at liquorandgaming.justice.nsw.gov.au.
  • 13 No part of a prize is exchangeable, redeemable for cash or any other prize or transferable, unless otherwise specified in writing by the Promoter.
  • 14 If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or that portion of the prize) to a prize of equal or greater value and/or specification, subject to any written directions of a regulatory authority.
  • 15 No entry fee is charged by the Promoter to enter the Promotion. Where entry is allowed online, there is no additional cost to enter the Promotion other than any cost paid by the entrant to access the website or social media platform of entry via their Internet service provider.
  • 16 Each prize will be awarded to the person named in the entry and any entry that is made on behalf of an entrant or by a third party will be invalid. If there is a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or winner.
  • 17 Entrants' personal information will be collected by the Promoter. Personal information will be stored on the Promoter's database. If the entrant opts-in to receipt of marketing message from the Promoter on entry, the Promoter may use the entrant’s personal information provided for future marketing purposes regarding its products, including contacting the entrant electronically. The Promoter is bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and its privacy policy which is located at http://www.metcash.com/legal/privacy-policy/. The Promoter's privacy policy contains information about how the entrant may access, update and seek correction of the personal information the Promoter holds about them and how the entrant may complain about any potential breach by the Promoter of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with. The Promoter collects personal information about entrants to enable them to participate in this Promotion and may disclose the entrants' personal information to third parties including its contractors and agents, prize suppliers and service providers to assist in conducting this Promotion and to the State and Territory lottery departments as required under the relevant lottery legislation. If the entrant does not provide their personal information as requested, they may be ineligible to enter or claim a prize in the Promotion. Personal information collected from entrants will not be disclosed to any entity located outside of Australia.
  • 18 For the purposes of public statements and advertisements, the Promoter may only publish the winner's surname, initial and State/Territory or postcode of residence.
  • 19 It is a condition of accepting the prize that a winner may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving a prize.
  • 20 If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.
  • 21 Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
  • 21 Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
  • 22 If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to State or Territory regulation.
  • 23 The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant's details (including an entrant's identity, age and place of residence). In the event that a winner cannot provide suitable proof as required by the Promoter to validate their entry, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.
  • 24 The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and binding on each entrant and no correspondence will be entered into.
  • 25 The Promoter and its associated agencies and companies 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 or wilful misconduct) in connection with this Promotion or accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
  • 26 The entrant will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.
  • 27 The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.
  • 28 Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.
  • 29 Authorised under: ACT Permit No. TP 19/04345, NSW Permit No. LTPS/19/38693 and SA Permit No. T19/1677