Australian Competitions Club

http://web.jackdaniels.com/au/indianmotorcycle/form.php?trust=yes

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“JACK DANIEL'S 150TH BIRTHDAY INDIAN MOTORCYCLE” 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. Entry is only open to Australian residents aged 18 years or over.
3. Employees (and their immediate families) of the Promoter, participating
Cellarbrations, IGA Liquor, or The Bottle-O stores 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.
4. The promotion commences on 30/05/2016 and ends at 11:59pm AEST on
28/06/2016 (“Promotional Period”).
5. To enter, individuals must, during the Promotional Period:
a. Purchase any Jack Daniel’s product(s) from a participating Cellarbrations,
The Bottle-O or IGA Liquor store to receive an official entry form (while
stocks of entry forms last) which contains a unique code and instructions on
how to enter the promotion (each a “Qualifying Transaction”); and then
b. Visit www.jackspromo.com.au 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 located on the official entry form,
and submit the fully completed online entry form.
Participating Cellarbrations, IGA Liquor, or The Bottle-O store means any
Cellarbrations, IGA Liquor, or The Bottle-O store that features point of sale material
for this promotion.
6. 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.
7. Incomplete or indecipherable or illegible entries will be deemed invalid.
8. 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 within the Qualifying Transaction in excess of one (1); (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; and (e) unrecognised unique codes will be deemed invalid.
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9. Entrants must retain their original 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 and that the purchase was made during the
Promotional Period but prior to entry
10. 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.
11. There will be four (4) draws conducted for this promotion, from the combined entries
received in respect of purchases made at participating Cellarbrations, The Bottle-O
and IGA Liquor stores (each a “Draw”). Entries will open and close for each Draw on
the dates specified in the table below. Each Draw will take place at 12:00pm (noon)
at Anisimoff Legal, Suite 5, Erina Plaza, 210 Central Coast Highway, Erina NSW
2250 on the dates specified in the table below. Non-winning entries in each Draw will
roll over into subsequent Draws. Winners will be notified in writing within two (2)
business days of the relevant Draw. Winners names will be published online at
www.jackspromo.com.au commencing on the dates specified in the table below. The
Promoter may draw additional reserve entries, for each Draw, and record them in
order in case an invalid entry or ineligible entrant is drawn.
Draw Entries Open
Time/Date
Entries Close Time/Date Draw Date Publication
Date
1 12.00am AEST
on 30/5/2016
11.59pm AEST on
7/6/2016
8/6/2016 15/6/2016
2 12.00am AEST
on08/06/2016
11.59pm AEST on
14/6/2016
15/6/2016 22/6/2016
3 12.00am AEST
on 15/06/2016
11.59pm AEST on
21/6/2016
22/6/2016 29/6/2016
4 12.00am AEST
on 22/06/2016
11.59pm AEST on
28/6/2016
29/6/2016 6/7/2016
12. The Promoter’s decision is final and no correspondence will be entered into.
13. The first valid entry drawn in each Draw will each win a 2016 Jack Daniel’s-branded
Indian Chief Vintage Motorcycle Total prize value is up to AU$44,500 including
registration, 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. Winners must collect the
prize from their nearest authorised Indian Motorcycle dealership at their own cost.
14. If the winner is, through any legal incapacity or otherwise, unable to register the
motorcycle in their own name, then the winner may assign the 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
motorcycle 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.
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15. Subject to the unclaimed prize draw clause, if for any reason the winner does not
take a prize at the time stipulated by the Promoter, then the prize will be forfeited and
will not be redeemable for cash.
16. If a prize is unavailable, the Promoter, in its discretion, reserves the right to substitute
the prize with a prize to the equal value and/or specification, subject to any written
directions from a regulatory authority.
17. Total prize pool value is up to AU$178,000.
18. Prizes are not transferable or exchangeable and cannot be taken as cash.
19. A draw for any prize(s), if unclaimed, may take place on 26/09/2016 at the same time
and place as the original Draws, subject to any directions from a regulatory authority.
Winners (if any) will be notified in writing within two (2) business days of the
unclaimed prize draw and their names will be published online at
www.jackspromo.com.au commencing on 03/10/2016.
20. 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.
21. 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.
22. 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.
23. Any cost associated with accessing the promotional website is the entrant’s
responsibility and is dependent on the Internet service provider used.
24. 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.
25. 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.
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26. 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 the prize.
27. As a condition of accepting the prize, the winner must sign any legal documentation
as and in the form required by the Promoter and/or prize suppliers in their absolute
discretion, including but not limited to a legal release and indemnity form.
28. The Promoter collects personal information (“PI”) in order to conduct the
promotion. By providing the Promoter with your PI, you consent that any or all of the
PI submitted by you may be held and used by the Promoter and other companies
within the Promoter’s group of companies (details of which are available at brownforman.com/10kfiling)
or the Promoter’s agents, partners or licensees, to contact you
in relation to the promotion and to further promote, to consider ways of improving,
and to send you information about, Jack Daniel’s Australia products and services by
email and as otherwise set out in the Promoter’s privacy policy, which is available at
www.jackdaniels.com/au/privacy-policy. Your PI will be handled in accordance with
the Promoter’s privacy policy which contains information about how to access and
correct PI that the Promoter holds about you, and how complaints can be made and
will be resolved. If you do not provide all of the requested information you may be
ineligible for the promotion and/or the Promoter may be unable to contact you with
additional offers. Your PI may be transferred to the United States and may be
shared with third-party service providers who process your PI in the United States or
Australia solely to enable the provision of services to the Promoter. Your PI may be
transferred to another company or entity in the event that any part of the Promoter’s
business is transferred to, sold to or merged with a company or entity or if the
Promoter is required to do so by law, regulation or at the request of a public authority.
If in the future, you do not wish to receive further communications from Jack Daniel’s
Australia and would prefer to be removed from its databases, if you simply wish to
make corrections to your PI or if you have a complaint (which we will endeavor to
resolve within a reasonable time), please inform us in writing at the address set forth
in clause 29 below. All entries become the Property of the Promoter.
29. 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.
NSW Permit No. LTPS/16/02125. ACT Permit No. TP16/00514. SA Permit No.
T16/453