Australian Competitions Club

https://www.debortoli.com.au/whats-on/promotions/promo-template-3-1

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WIN THE ULTIMATE OUTDOOR KITCHEN” PROMOTION
TERMS AND CONDITIONS
1. Information on how to enter and the prize(s) 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 NSW and VIC residents aged 18 years or over.
3. Employees (and their immediate families) of the Promoter, Participating 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. Entries into the promotion open at 9:00am AEST on 12/04/2023 and close at
11:59pm AEST on 6/06/2023 (“Promotional Period”).
5. A participating store is any store in NSW and VIC that displays material for this
promotion during the Promotional Period (“Participating Store”).
6. To be eligible to enter, individuals must purchase any bottle from the De Bortoli
Windy Peak 750ml, La Boheme 750ml, Woodfired 750ml, DB Winemakers Selection
750ml, King Valley Prosecco or Blue Gris 750ml ranges at any Participating Store
during the Promotional Period (“Qualifying Transaction”).
7. To enter, individuals must then complete the official entry form, attach the original
purchase receipt and place together in the entry box provided in store during the
Promotional Period.
8. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted
per Qualifying Transaction regardless of the number of bottles from the De Bortoli
Windy Peak 750ml, La Boheme 750ml, Woodfired 750ml, DB Winemakers Selection
750ml, King Valley Prosecco or Blue Gris 750ml ranges purchased in excess of one
(1); (b) each entry must be submitted separately and in accordance with entry
requirements; and (c) a maximum of five (5) entries per person per day is permitted.
9. 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.
10. Incomplete or indecipherable entries will be deemed invalid.
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 10/1095 Frankston Dandenong Road, Carrum Downs VIC
3201 on 16/06/2023 at 9:00am AEDST. The Promoter may draw additional reserve
entries and record them in order in case an invalid entry or ineligible entrant is drawn.
The winner will be notified by telephone and email and their name will be published
online at https://www.debortoli.com.au/whats-on/promotions from 19/06/2023.
13. The Promoter’s decision is final and no correspondence will be entered into.
14. The first valid entry drawn will win one (1) Gasmate Platinum 6 Burner Outdoor
Kitchen valued at $7,499
15. Subject to the unclaimed prize draw clause, if for any reason the winner does not
take/redeem the prize (or part of the prize) at/by the time stipulated by the Promoter,
then the prize (or that part of the prize) will be forfeited.
16. Winners must claim the prize by 16/07/2023. If any winner fails to claim the prize by
this date, then the prize will be forfeited.
17. If the prize (or any 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.
18. Total prize pool value is $7,499.
19. Prizes, or any unused portion of a prize, are not transferable or exchangeable and
cannot be taken as cash, unless otherwise specified.
20. 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.
21. 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.
22. 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.
23. 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
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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/the prize.
24. The Promoter collects personal information ("PI") in order to conduct the promotion
and may, for this purpose, disclose such PI to third parties, including but not limited to
agents, contractors, service providers, prize suppliers and, as required, to Australian
regulatory authorities. Entry is conditional on providing this PI. The Promoter will also
use and handle PI as set out in its Privacy Policy, which can be viewed
at https://www.debortoli.com.au/footer/privacy. In addition to any use that may be
outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period,
unless otherwise advised, use the PI for promotional, marketing, publicity, research
and profiling purposes, including sending electronic messages or telephoning the
entrant. The Privacy Policy also contains information about how entrants may opt
out, access, update or correct their PI, how entrants may complain about a breach of
the Australian Privacy Principles or any other applicable law and how those
complaints will be dealt with. All entries become the property of the Promoter. The
Promoter will not disclose PI to any entity outside of Australia.
25. The Promoter is De Bortoli Wines (ABN 77 000 146 672) of 6-8 Research Drive
Croydon 3136, telephone 03 9237 7300 (“Promoter”