Terms & 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, telephone: 02 8977 9700.
Entry is only open to Australian residents aged 18 years or over.
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.
Entries into the promotion open on 13/03/2019 and close at 11:59pm AEDT on 02/04/2019 (“Promotional Period”).
To enter, individuals must complete the following steps during the Promotional Period:
Spend $30 or more on any Jim Beam Black product(s) in a single transaction at a Participating Store (“Qualifying Transaction”). A participating store is any BWS store nationally that displays advertising material for this promotion (each a “Participating Store”). Upon making their Qualifying Transaction, individuals will be provided a purchase receipt, which will contain a unique code (“Unique Code”). In the event a purchase receipt is not automatically provided by a member of staff, it is the individual’s responsibility to request one; and then
, follow the prompts to the promotion entry page, input the requested details (including their full name, email address, telephone and their Unique Code) and submit the fully completed online entry form.
Multiple entries permitted, subject to the following:
only one (1) entry permitted per Qualifying Transaction (regardless of the amount spent in excess of $30 on Jim Beam Black product(s) in that transaction);
each entry must be submitted separately and in accordance with entry requirements;
only one (1) Unique Code per entry is permitted;
the same Unique Code cannot be used more than once;
only one (1) entry permitted per day; and
unrecognised codes will be deemed invalid.
Entrants must retain either their original or a copy of their BWS 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 $30 or more was spent on Jim Beam Black product(s) and that the purchase was made during the Promotional Period but prior to entry.
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.
There will be one (1) draw conducted for the entries received at the end of the Promotional Period (“Draw”).
The Draw will take place at Greeneagle, 5/9 Fitzpatrick Street, Revesby, NSW, 2212 (“Draw Location”). The Draw will take place at midday AEST on 09/04/2019. The Promoter may draw additional reserve entries and record them in order in each draw in case an invalid entry or ineligible entrant is drawn.
Winner will be notified in writing within two (2) business days of the draw and their name will be published online at www.jimbeampromotions.com.au/bws-harleyormustang
from 11/04/2019. The winner will also be notified in writing after the Game is played to confirm the prize won in the Game.
The first Eligible Entrant with a valid entry drawn in the Draw (“Drawn Participant”) will win the opportunity to play the Game (as defined in paragraph 17) for the chance to win a V8 Ford Mustang Fastback OR a MY2018 Harley-Davidson Softail Slim, including travel to the Game (as described in paragraphs 18,19 and 20). The Promoter may draw additional Eligible Entrants in the Draw and record them in order to use in the event the Drawn Participant or nominated proxy (as described in clause 21) cannot attend the Game.
The Game will take place on 30/04/2019, at 1.00pm AEST at Beam Suntory Australia Pty Ltd, Level 18, 100 Pacific Highway, North Sydney NSW 2060.
The Game will consist of twenty (20) numbered envelopes:
one (1) envelope will contain a promotional message representing a 2019 Ford Mustang GT 5.0 fast back with automatic transmission valued at up to AUD$73,989 (“Major Prize”);
the other nineteen (19) envelopes will each contain promotional messages representing a MY2018 Harley-Davidson Softail Slim valued at up to AUD$31,500 (“Minor Prize”),
Outcome 1: If the Drawn Participant selects one (1) envelope containing promotional messages representing the Major Prize, then, subject to verification by the judges, the Drawn Participant will win the Major Prize.
Outcome 2: If the Drawn Participant selects one (1) envelope containing a promotional message representing the Minor Prize, then the Major Prize will not be given away and, subject to verification by the judges, the Drawn Participant will win the Minor Prize.
The Drawn Participant must choose only one (1) envelope without touching, handling or interfering in any way with any of the other envelopes on display. If the Drawn Participant Is found to have breached this condition, he/she will be disqualified.
One (1) nights’ accommodation at an establishment selected by the Promoter, within the town/city where Game will be played (minimum three (3) stars, twin-share) is included in the prize. The Drawn Participant may select a companion aged 18 years or older to attend the Game with them and share their accommodation. The Drawn Participant must hold a valid credit card and present it upon check in at the accommodation establishment to cover any incidental or other hotel charges.
The Promoter will liaise with the Drawn Participant to organise travel for the Drawn Participant and their nominated companion (aged 18 years or older) to and from the Drawn Participant’s nearest Australian State capital city in order for the Drawn Participant to play the Game, which will include return economy flights from the Drawn Participant’s nearest capital city and hotel transfers to the Game, if necessary, as determined by the Promoter based on the Drawn Participant’s place of residence. Flights must be taken to coincide with the Game, departing and returning on the date/s as determined by the Promoter in its absolute discretion. Spending money, meals, taxes (excluding airline and airport taxes if applicable), insurance, transport to and from departure point, additional transfers and all other ancillary costs are not included. All travel components must be taken together as a single trip as booked by the Promoter. Once booked, no changes to the booking are permitted. The total value of this trip component inclusive of flights, accommodation etc is up to AUD $1,500 depending on the winner’s date and point of departure. Frequent flyer points will not be awarded and do not form part of the flights awarded. The Drawn Participant and his/her travel companion are responsible for ensuring that they have valid travel documentation.
Participation in the Game is subject to such other terms and conditions as may be imposed by those involved in providing the goods or services included in the prize (“Third Party Terms”). The Drawn Participant and nominated companion are responsible for compliance with all applicable Third Party Terms and bear all risks associated with failure to comply with any of them. They will be required to maintain an acceptable standard of behaviour while attending the Game. The Promoter assumes no liability (and will provide no compensation) to the Drawn Participant and/or nominated travelling companion who, as a result of any failure to comply with any Third-Party Terms, is unable to participate in the prize (or any part of it); or suffers any other loss or damage.
If the Drawn Participant cannot attend the Game, the Drawn Participant may appoint a proxy 18 years of age or over to play the Game on his/her behalf provided that the Drawn Participant gives the Promoter written, signed notice to that effect at least 5 business days before the start of the Game. For the sake of clarity, if a proxy does attend, any prize determined in the Game would be awarded to the Drawn Participant and not the proxy that plays on their behalf.
If the Drawn Participant is not contactable or does not claim the prize by 11am AEST on 16/04/2019 (and there are no reserve Eligible Entrants drawn in accordance with paragraph 13 remaining), a random electronic re-draw will be conducted at 12 noon AEST on 16/04/2019 at the Draw Location by a representative of the Promoter from all remaining Eligible Entries received in the Promotion, subject to any directions from the relevant gaming departments (“Re-Draw”).
The Re-Draw winner, if any, will be notified by phone and via email within two (2) business days of the draw and advertised at www.jimbeampromotions.com.au/bws-harleyormustang
on or before 18/04/2019.
The Drawn Participant’s odds of winning the Major Prize is 1 in 20.
The Drawn Participant’s odds of winning the Minor Prize is 19 in 20.
Total maximum potential prize value is up to AUD $75,989.
The total maximum prize pool (inclusive of the trip component provided for attendance at the Game and the travel allowance for collection of the prize, if required) is up to AUD $75,989.
Both the Minor and Major Prize includes 12-months registration, 12-months compulsory third party insurance, stamp duty and dealer delivery charges (which may vary State by State). Additional insurance, options, petrol and all other ancillary costs are the responsibility of the winner. The exact colour of the Major or Minor Prize awarded will be determined by the Promoter. The Minor Prize, if awarded, must be collected by the Drawn Participant from their nearest authorised Harley-Davidson dealership; and the Major Prize, if awarded, must be collected by the Drawn Participant from their nearest authorised Ford dealership. If the Major Prize is awarded and the Major Prize winner resides more than 50km away from their nearest authorised Ford dealership, the Promoter will also award the Major Prize winner a AUD$500 travel allowance for the purpose of travel to/from the dealership to collect the prize. If the Minor Prize is awarded and the Minor Prize winner resides more than 50km away from their nearest authorised Harley-Davidson dealership, the Promoter will also award the Minor Prize winner a AUD$500 travel allowance for the purpose of travel to/from the dealership to collect the prize.
If the winner is, through any legal incapacity or otherwise, unable to register the car/motorcycle in their own name, then the winner may assign the car/motorcycle to another person (who consents to such assignment) with legal capacity for the purpose of registration. The Promoter takes no responsibility for any such arrangements between the winner and the assignee. The winner must provide the Promoter with certified copies of all required documentation as required by the Promoter before the car is awarded. It is a condition of accepting the prize that the winner may be required to sign a legal release in a form to be determined by the Promoter in its discretion.
The Promoter’s decision is final and no correspondence will be entered into.
Subject to the unclaimed prize draw clause, if for any reason a winner does not take / redeem a prize (or an element of the prize) at/by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
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.
In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the Game or Promotion or suspend or modify a prize, subject to any written directions from a relevant regulatory authority.
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.
Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified in writing by the Promoter.
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.
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.
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 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 of a prize.
At the time of entry, entrants will be able to opt in to receiving information from BWS, whose privacy statements can be found here: https://bws.com.au/help/privacy-policy