https://www.facebook.com/appletonestatejamaicarumau?sk=app_270504682985936 ELIGIBILITY TO ENTER AND THE PROMOTIONAL PERIOD
Subject to clause 2, entry is only open to Australian residents aged 18 years or over who have a valid Facebook account ("Eligible Entrants"). Completion of some of the promotional activities outlined below will require the use of an Apple iPhone 3GS or any other later iPhone model.
Employees of the Promoter, their immediate families and agencies associated with this promotion are not eligible 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.
Promotion commences on 18/11/2011 and ends at 11.59pm AEDST on 21/12/2011 ("Promotional Period").
REGISTRATION AND ENTRY
To be eligible to enter and earn entries, Eligible Entrants must register to participate in the promotion. To register, Eligible Entrants must complete the following steps, during the Promotional Period:
visit http://www.appletonestate.com.au/rumgod ("Promotional Website") and follow the prompts to log into their Facebook account;
follow the prompts to install the promotional application on the Facebook Platform and allow the Promoter access to their profile and personal information in the manner required (as outlined in the application); and
confirm and/or provide (as necessary) their correct personal details, including their first and last name, valid email address and telephone number. Once an Eligible Entrant registers for the promotion, they will be able to log into their account at any time during the Promotional Period, by visiting the Promotional Website and following the prompts to log in (either via a computer or a compatible Apple iPhone).
There is a strict limit of one (1) registration per person and one (1) registration per Facebook account.
Once an Eligible Entrant registers for the promotion, he/she will be eligible to obtain entries into the prize draw and win instant win prizes by completing promotional activities available on the Promotional Website (as outlined below) to earn entries. Eligible Entrants will receive one (1) entry into the major prize draw for each entry they earn during the Promotional Period. Instant win prizes will be awarded randomly throughout the Promotional Period for completion of promotional activities. Eligible Entrants will be notified immediately online if they have won an instant win prize (upon completion of a promotional activity). There is a strict limit of one (1) instant win prize per Eligible Entrant (excluding SA).
Eligible Entrants will be able to earn entries (and be eligible to win instant win prizes) as a result of completing the following promotional activities during the Promotional Period:
By unleashing the Rum God on a friend by either: (a) following the prompts on the Promotional Website to refer the promotion via Facebook to a Facebook Friend; or (b) following the prompts on the Promotional Website to refer the promotion to a friend via email (by providing the friend's name and valid email address). As part of the referral process, Eligible Entrants must provide the details of how their friend has strayed from the path, their gender, a description of their friend's personality (from the options available), their friend's preferred drink of choice and their ideal night out.
Upon completion of the referral process, the referred friend will receive an email inviting them to enter the promotion (if referred by email) or a promotional message will be posted on the friend's Facebook wall inviting them to enter the promotion (if referred via Facebook).
Eligible Entrants will receive five (5) entries for each friend they refer the promotion to. Eligible Entrants can only refer each of their friends once. The operation of the "refer a friend" mechanic is subject to the Spam Act 2003. Entrants should only refer friends, family, colleagues and other individuals who they have a direct relationship with, and who consent to receiving these types of messages.
Eligible Entrants must complete this promotional activity before they can complete any other promotional activities.
By following the prompts on the Promotional Website to upload a promotional post on their Facebook wall. Individuals will receive five (5) entries each time they upload a promotional post via this method.
If any referred friend and/or any Facebook friend of an Eligible Entrant registers for the promotion during the Promotional Period by following the promotional link sent to them by the Eligible Entrant (as per clause 6(i) above) or by following the link contained in the Eligible Entrant's promotional Facebook post (as per clause 6(ii) above), the Eligible Entrant will receive an additional ten (10) entries in respect of that friend, up to a maximum of fifty (50) entries (i.e. ten (10 entries for each of a maximum of five (5) friends who register).
By following the prompts on the Promotional Website to discover Appleton Estate (by visiting the Appleton Estate website). Eligible Entrants will receive a maximum of five (5) entries for visiting the Appleton Estate website.
By following the prompts on the Promotional Website to visit and "like" the Promoter's Facebook Page. Eligible Entrants can only "like" the Promoter's Facebook page once and receive a maximum of five (5) entries for "liking" the page.
By following the prompts on the Promotional Website to download the "Pocket Rum God" iPhone application. Eligible Entrants can only download the "Pocket Rum God" iPhone application once and receive five (5) entries in respect of that download. The iPhone application is only suitable to iPhone 3GS and later models.
By scanning and submitting the barcode of any of the four (4) eligible Appleton Estate products with their iPhone (by following the prompts in the "Pocket Rum God" iPhone application) or by following the prompts on the Promotional Website to enter and submit the barcodes.
The product scanning feature will only work on iPhones 3GS and later models. Individuals must follow the prompts to log in to the iPhone application (through Facebook) to use the scanning feature. Only individuals who are registered to participate on the Promotional Website will be able to log in.
The eligible Appleton Estate products are listed below with the applicable number of entries an Eligible Entrant will receive for providing the barcode of each product. Each Eligible Entrant can only provide the barcode for each product once.
Eligible Products Number of entries
Appleton Estate V/X Jamaica Rum 20
Appleton Estate Reserve Jamaica Rum 30
Appleton Estate Extra Jamaica Rum 40
Appleton Estate 21 year old Jamaica Rum 70
By "checking in" to a location on their iPhone (by following the prompts in the "Pocket Rum God" iPhone application). The iPhone application will contain pre-plotted locations on the map as well as the Eligible Entrant's location (provided that the Eligible Entrant allows access to the application). To "check in" Eligible Entrants need to simply chose a location on the map and then select the "check in" button. Checking into each location will earn the Eligible Entrant the number of entries indicated upon "check in". Individuals can only "check in" into each location once in a 12 hour period (from their last check in at that location).
The "check in" feature is only suitable for iPhone 3GS and later models. Individuals must follow the prompts to log in to the iPhone application (through Facebook) to use the "check in" feature. Only individuals who are registered to participate on the Promotional Website will be able to log in.
Each time an Eligible Entrant completes activity (i) (i.e. unleash the Rum God activity) and activity (viii) (i.e. "check in" activity) a post about the promotion will automatically be uploaded on the Eligible Entrant's Facebook wall (provided that the Eligible Entrant elects to "share" the post) indicating the activity completed and containing a link to the Promotional Website. Eligible Entrants must choose to "share" the post each time they perform the two eligible promotional activities in order to receive any entries in respect of the performance of that promotional activity. For the sake of clarity, in the event that an Eligible Entrant elects not to "share" a post about performing an eligible promotional activity, the Eligible Entrant will not be awarded any entries in respect of the performance of that eligible promotional activity.
More detailed instructions on how to complete the promotional activities and earn entries (as well as the exact entries allocation for each activity) will be available on the Promotional Website throughout the Promotional Period.
PRIZES
Instant Win Prizes
Subject to clauses 9 and 10, instant win prizes available to be won are as follows:
Instant Win Prize Number of Prizes Value of Each Prize (AU) Total Value (AU)
Tiki Mugs 40 $15 $600
Dan Murphy's Voucher 80 $50 $4000
Appleton Estate 21yo Jamaican Rum (750mL) 4 $200 $800
Instant winners will be notified immediately online in writing. Instant winners will then be contacted via email so that their residential address can be confirmed and the prize awarded.
If a New South Wales resident is the winner of a Dan Murphy's voucher instant win prize the winner/s will be awarded a Woolworths voucher of equivalent value in lieu of the Dan Murphy's voucher instant win prize.
If a Northern Territory resident is the winner of a Dan Murphy's voucher or an Appleton Estate 21yo Rum (750mL) instant win prize, the winner/s will be awarded a Woolworths voucher of equivalent value in lieu of the Dan Murphy's voucher or an Appleton Estate 21yo Rum (750mL) instant win prize.
Major Prize Draw
Eligible Entrants will receive an entry into the major prize draw for each entry they earn during the Promotional Period. The major prize draw will be conducted at Webling Interactive, Suite 701, 249 Pitt Street, Sydney NSW 2000 on 12/01/2012 at 3pm. Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
The major prize winner will be notified in writing and their name will be published in The Australian on 23/01/2012.
The first valid entry drawn from all entries received will win a trip for two (2) adults to Jamaica, valued at up to AU$13,200 depending on date and point of departure. Prize includes:
Two (2) return economy airfares from the winner's nearest capital city to Jamaica. Value of each airfare is up to AU$5,000, depending on the departure point and date;
Six (6) nights twin share all inclusive accommodation at Negril or Montego Bay (as selected by the Promoter in its absolute discretion). Value of the accommodation is up to AU$1,500, depending on the date of travel and the resort selected;
AU$1,000 spending money for the winner (awarded via direct electronic transfer into the winner's nominated bank account);
Return shuttle transfers from the airport in Jamaica to the accommodation venue; and
A day trip to the Appleton Estate in the Nassau Valley. This will include taxi or bus transfer to and from the Estate, food & refreshment at the Estate and a full tour of the Appleton Estate tourist centre, including sampling of Appleton Estate rums. This element of the prize is valued at $500. The Promoter will liaise with the winner to select the day of the trip this element of the prize must be taken, however, if agreement cannot be reached the Promoter reserves the right to determine the day this element of the prize must be taken.
Additional spending money, meals, taxes (excluding airline and airport taxes), insurance, passports, visas, vaccinations, transport to and from departure point, transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. Prize must be taken between 01/05/2012 and 31/08/2012 and is subject to booking and flight availability.
The prize is subject to the following conditions:
Flight bookings & airlines used are at the Promoter's absolute discretion;
The winner and their companion must ensure that they are able to meet any USA visa requirements to transit through the USA and that they have valid passports and any requisite vaccinations and travel documentation;
The travel time is the equivalent of approximately a day and half each way;
The winner and their companion may need to have a layover overnight in LA due to availability of connections & time zones. Any accommodation will be paid for by the Promoter and is valued at up to AU$200 (depending on the availability of rooms). This value is included in the total value of the prize.
The winner and their companion must depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter in agreement with the winner but in the event that agreement cannot be reached, the Promoter reserves the right to determine the itinerary. Frequent flyer points will not form part of the prize. The winner may be required to present their credit card at time of accommodation check in.
The major prize is subject to the standard terms and conditions of individual prize and service providers.
In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify the major prize, subject to any written directions from a relevant regulatory authority.
GENERAL
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 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 to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. 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 reserves the right, at any time, to invalidate any entries which it reasonably suspects have been obtained using false, incorrect, fraudulent or misleading information, including but not limited to personal details and contact information and/or entries that have been collected through the use of multiple identities, email addresses or accounts, including but not limited to social networking accounts.
Incomplete or indecipherable entries will be deemed invalid.
Individuals can receive multiple entries into the major prize draw by earning multiple entries, however, there is a strict limit of one (1) instant win prize per person (excluding SA residents).
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 Promoter's decision is final and no correspondence will be entered into.
The Promoter encourages consumers to enjoy alcohol 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/publications/synopses/ds10syn.htm.
Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize (or an element of a prize) 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 up to AU$18,600.
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 unclaimed prizes may take place on 16/04/2012 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners, if any, will be notified in writing. If the major prize is awarded in the unclaimed prize draw, the major prize winner's name will be published in The Australian on 14/05/2012.
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.
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 or collect entries repeatedly is prohibited and will render all entries submitted by that entrant invalid.
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. Any instant win prizes that are part of the advertised total prize pool will be awarded in the unclaimed prize draw.
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 or taking of a prize.
As a condition of accepting the prize, the major prize winner (and their companion) 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.
The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information 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 information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries become the property of the Promoter.
Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at
www.facebook.com/terms.php.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook. Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.
The Promoter is Brown-Forman Australia Pty Limited (ABN 000064086) of Level 3, Quad 2, 8 Parkview Road Olympic Park NSW 2127, telephone 02 9764 877.
NSW Permit No. LTPS/11/10667. VIC Permit No. 11/2481 ACT Permit No. TP11/4554 SA Permit No. T11/2399