HENNESSY X NBA CONTEST - TERMS & CONDITIONS OF USE
LAST UPDATED : 1 JUNE 2021
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.
Entry is only open to Australian residents aged 18 years or over. Professional, semi-professional or paid netball/basketball players are not eligible to enter.
Employees (and their immediate families) of the Promoter 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.
Employees of the NBA Entities, including affiliates, agents and immediate family members and/or those living in the same household of such employees, are not eligible to enter or win the promotion.
Entries into the promotion open on 7 June 2021 and close at 11:59PM AEST on 30 July 2021 (“Promotional Period”).
To be eligible to enter, individuals must purchase any specially marked 700ml bottle of Hennessy during the Promotional Period (“Qualifying Purchase”).
To enter, individuals must then complete the following step during the Promotional Period:
- Scan the QR code on the specially marked 700ml bottle of Hennessy which will direct the individual to the promotional website or visit https://www.hennessy.com/en-int/au100kshot;
- Follow the prompts to the promotion entry page;
- Input the requested details including first name, last name, email address, postcode and telephone number; and then
- Submit the fully completed entry form during the Promotional Period.
Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per specially marked 700ml bottle of Hennessy. For example, if an individual purchases three (3) specially marked 700ml bottles of Hennessy, they will be eligible for three (3) entries subject to clause 9(c); (b) a maximum of three (3) entries per person is permitted; (c) each entry must be submitted separately and in accordance with entry requirements; and (d) a maximum of one (1) instant prize per person is permitted (excluding SA residents).
Entrants must retain a copy of their Qualifying 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. Qualifying Purchase receipt(s) must clearly specify the store of purchase 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.
The draw will take place at Handling Matters, Unit 40/1-5 Thew Parade, Cromer NSW 2099 at 2:00PM AEST on 2 August 2021, in the presence of an independent scrutineer. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. Winners will be notified by email within two (2) business days of the draw and their names will be published at https://www.hennessy.com/en-int/au100kshot
from 9 August 2021.
The Promoter’s decision is final and no correspondence will be entered into.
The first three (3) valid entries drawn will each win those entrants (each a “Participant”) the opportunity to play a contingency game (the “Game”) for the chance to win $100,000 each. The Game will take place at time, date and place to be determined by the Promoter.
The next two hundred (200) valid entries drawn will each win a Hennessy merchandise prize pack valued at $100 each. Prize pack includes a Hennessy-branded cap and basketball.
In order to participate in the Game, if a drawn Participant resides outside of Greater Sydney, they will receive the following, valued at up to $1,000, depending on point of departure:
- One (1) return economy airfare from the drawn Participant’s nearest capital city to Sydney (if the drawn Participant resides outside of NSW);
- Return transfers between airport and accommodation in Sydney (if the drawn Participant resides outside of NSW) or return transfers from the between the drawn Participant’s residence and accommodation (if the drawn Participant resides in regional NSW); and
- One (1) night 4-star accommodation; and
- Return transfers between accommodation and location of the Game.
Spending money, meals, taxes (excluding airline and airport taxes), insurance, transport to and from departure point, transfers, items of a personal nature (including but not limited to in-room charges) and all other ancillary costs are not included. If the drawn Participant resides within Sydney, the Participant will be responsible for transport to and from the Game.
The drawn Participant must respond to the winner notification (and validate their entry) no later than 5:00PM AEST on 9 August 2021 in order to attend the Game. In the event that the Participant cannot attend the Game for any reason, including without limitation COVID-19 related travel restrictions or if the Promoter has not been able to contact the Participant before the start of the Game, a representative of the Promoter will play the Game on the Participant’s behalf.
At the Game, the Participant/proxy/representative (“Attendee”) must attempt to shoot a basketball through the basketball hoop from the half-court line. Practice shots at the Game are prohibited. If the Attendee is found to have breached this condition, they will be disqualified. If the Attendee scores a half-court shot, then, subject to verification by the judges, the drawn Participant will win $100,000. If the Attendee fails to score a half-court shot, then the $100,000 prize will not be given away and, subject to verification by the judges, the drawn Participant will win $1,000 and a Hennessy basketball jersey valued at $200.
The odds of being drawn as a Participant may be significantly higher than the odds of the drawn Participant winning the $100,000, and will depend upon the number of entries received.
Cash prize will be awarded in the form of an electronic funds transfer (EFT). The winner is responsible for providing full and accurate bank details. The Promoter will not be responsible for incorrect details being provided, a banking institution rejecting an EFT payment, or any costs associated with locating any lost monies.
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
. Entry and continued participation in this promotion is subject to the licensee’s liquor serving policy.
In the event of war, terrorism, state of emergency, pandemic or any other kind of disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend, substitute or modify a prize, subject to any written directions from a relevant regulatory authority.
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.
Total prize pool value is $320,000.
Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
A draw for any prizes won at the Game, if unclaimed, may take place on 2 November 2021 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner, if any, will be notified by email within two (2) business days of the draw and their name will be published at https://www.hennessy.com/en-int/au100kshot
from 9 November 2021. For the removal of doubt, in the event of an unclaimed prize draw, the Game will still take place on the date determined by the Promoter (as per clause 14), however a representative of the Promoter will play the Game on the drawn Participant’s behalf, and the drawn unclaimed prize draw winner will win the prize determined as a result of the Game.
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.
Entrants in this promotion agree to be bound by these Terms and Conditions and agree that the NBA Entities and their designees and assigns may use the entrant’s name, voice, city/state of residence, photos, video or film clips, and/or other visual likeness for advertising and/or trade purposes and/or for any other purpose in any media or format now or hereafter known without further compensation (financial or otherwise), permission or notification.
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.
Printing and other quality control errors will not invalidate an otherwise valid prize claim. Quality control errors will not invalidate an otherwise valid prize claim. Unless otherwise due to fraud or ineligibility under these Terms and Conditions, all prize claims in excess of the advertised prize pool will be honoured.
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.
To the extent permitted by law, the NBA Entities and each of their respective parent companies, subsidiaries, affiliates, officers, directors, employees, governors, owners, distributors, retailers, agents, assignees, advertising/promotion agencies, representatives, and agents shall have no liability and will be released and held harmless from any claim, action, liability, loss, injury or damage, including, without limitation, personal injury or death to winner or any third party or damage to personal or real property due in whole or in part, directly or indirectly, by any reason, including the acceptance, possession, use or misuse of the prize and/or participation in this promotion.
The Promoter is Moet Hennessy Australia Pty Limited (ABN 26 104 454 604) of Level 30, One International Towers Sydney, 100 Barangaroo Avenue, Barangaroo NSW 2000, telephone 02 8344 9900.
NBA Properties, Inc., the National Basketball Association (the “NBA”), and the NBA member teams (collectively, the “NBA Entities”).
NSW Authority No. TP/00947 ACT Permit No. TP21/00568 SA Permit No. T21/524
Please register to stay in touch with Hennessy and receive our latest news.