http://www.brownbrothers.com.au/summer-of-proseccoSummer of Prosecco – Instagram Competition
Brown Brothers ("Promoter")
Summer of Prosecco – Instagram Competition ("Promotion")
TERMS AND CONDITIONS
1. 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.
2. Entry is only open to Australian residents and Instagram Members aged 18 years or over ("Eligible Entrants").
3. Employees (and their immediate families) of the Promoter, any participating retailers 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 first cousin.
4. Promotion commences at 12:01am (AEST) on 01 November 2013 and closes at 23:59pm (AEDST) on 9 January 2014 ("Promotion Period").
5. Contestants will be invited through social media and postcard distribution to post a photo of what their Summer of Prosecco looks like on Instagram, follow @brownbrothers and include the hashtags #proseccotime and #summerofprosecco. Photos must showcase Brown Brothers Prosecco NV, Brown Brothers Prosecco Rosato NV, Brown Brothers Prosecco NV 200ml or Brown Brothers Limited Release Prosecco to be deemed eligible to win.
6. All images must be submitted through Instagram. All @ tags and hashtags required by the competition must be included to be considered eligible to win. Entries posted on the Brown Brothers Winery Facebook page will not be accepted. Brown Brothers reserves the right to regram any image they wish to promote, and/or use the images in other social media activity.
7. Any photos/videos uploaded must:
a) be in a format that is compatible with Instagram;
b) present a mature, balanced and responsible approach to the consumption of the participating wine products;
c) not have strong or evident appeal to children or adolescents;
d) not suggest that the consumption or presence of the participating wine products may create or contribute to a significant change in mood or environment; and
e) not portray any direct association between the consumption of the participating wine products and the operation of a motor vehicle, boat or aircraft or the engagement in any sport (including swimming and water sports) or any potentially hazardous activity .
8. All photos will be moderated by the Promoter. Any photos deemed inappropriate or unsuitable, in the Promoter’s absolute discretion, will not be eligible to enter. Photos which violate or infringe upon another person’s rights, including but not limited to copyright, will not be eligible to enter. Photos that contradict the Alcohol Advertising Review Board Content Code are also not eligible. Please follow this link to view the Content Code:
http://www.alcoholadreview.com.au/about/the-code/.
9. Participation in this Promotion is considered acceptance of the following:
a) a complete release of Instagram by any entrant or participant;
b) an acknowledgement that this Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram; and
c) that the information provided by each entrant is provided to the Promoter (as detailed in these Terms and Conditions) and not to Instagram
10. Participation and entry in this Promotion is conditional upon the entrant complying with all rules, regulations and guidelines set down by Instagram.
11. Any questions, comments or complaints about this Promotion must be directed to the Promoter and not to Instagram.
12. 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 Promoters’ discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
13. Incomplete, incorrectly submitted, corrupted, indecipherable or illegible entries will be deemed invalid.
14. An entrant can enter as many times as they wish, subject to the following: (a) each entry must include a unique photo; and (b) each entry must be submitted separately and in accordance with entry requirements.
Major Prize:
15. Eligible entries will be judged for the major prize at Brown Brothers, 85 High St, Kew VIC 3101, on Friday 10th January 2014 by three judges who are employees of Brown Brothers.
16. Entries will be judged on originality and creativity and alignment with the Brown Brothers and Prosecco brand. The entry judged to be the best over the entire Promotion Period will win the Major Prize. The Major Prize will consist of:
Return flights for two (2) adults from the winner’s closest Australian capital city to Melbourne.
One night’s accommodation for two (2) people, minimum 4-Star, booked at the promoter’s discretion.
Two (2) tickets to the VIP party at Brown Brothers’ Summer of Prosecco pop up event on Wednesday 22 January 2014.
A case of Brown Brothers Prosecco NV (six 750ml bottles) delivered to the winner every month for a year from the promotion close date (9/1/2014).
Total Major Prize value will not exceed $3,000.00.
17. The Major Prize does not include any additional travel cost, spending money, meals, insurance, taxes, transport or any other ancillary costs, which are the sole responsibility of the winner. Any prize winner who cannot attend the VIP event (even if the event date is changed) forfeits their prize. Unless expressly stated, all other expenses become the responsibility of the winner. A valid credit card is required at check-in to cover any incidentals incurred throughout the stay.
18. The Major Prize winner will be notified in writing and by Instagram regram on Monday 13th January 2014. To claim their prize they will be asked to contact
competition@brownbrothers.com.au and provide their delivery and contact details to Brown Brothers. The Major Prize winner will be announced on Tuesday 14 January 2014 on the Brown Brothers Winery Facebook page at
http://www.facebook.com/BrownBrothersWinery and on the Brown Brothers Australian Website at
http://www.brownbrothers.com.au.
Weekly Spot Prizes:
19. There are 10 weekly spot prizes to be won during the promotion period.
20. There will be a weekly judging of all eligible entries by three judges who are employees of Brown Brothers. Weekly judging will take place each Friday at 11am (AEDST), from Friday 8th November for the duration of the promotion period. The last weekly judging will take place on Friday 10th January. All judging will take place at Brown Brothers, 85 High St, Kew VIC 3101. Eligible entries received for the preceding week between 12.01am (AEDST) on the Friday, to 11.59pm (AEDST) on the following Thursday will be judged based on originality and creativity and alignment with the Brown Brothers and Prosecco brand. Entries will not roll over to the following week(s).
21. The best judged weekly entry will receive the weekly spot prize of a case of Brown Brothers Prosecco NV (six 750ml bottles) valued at $112.80.
22. The weekly spot prize winner will be notified by Instagram regram with an announcement that they have won that week’s prize within 2 business days of judging. To claim their prize they will be asked to contact
competition@brownbrothers.com.au and provide their delivery and contact details to Brown Brothers.
23. The total prize pool is valued at up to $4,128.00 (inc GST).
24. The Promoter’s decision in relation to any aspect of this Promotion, including the selection of any winner and the criteria it applies in determining the winner, is final and binding on every entrant. No correspondence will be entered into.
25. The prizes are not transferable or exchangeable, or redeemable for cash.
26. Prizes will be delivered by the Promoters directly to the winners to the address provided at the time of claiming the prize.
27. Each entrant consents to the Promoter (and each of its assignees and licensees) doing or omitting to do anything which may infringe any and all moral rights of the entrant including to edit, alter and reproduce the entry, and that such consents have been obtained to the full extent permitted under the Copyright Act 1968 (Cth).
28. Each entrant acknowledges and agrees that the Promoter (and each of its assignees and licensees) have the right, in their absolute discretion, to edit, amend, copy, use, publish, broadcast and communicate to the public, the entry in any media including the internet, without any further consultation, reference, payment or any other compensation to the entrant.
29. Should an entrant’s contact details change during the Promotion Period, it is the entrant's responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter in writing.
30. The Promoter accepts no responsibility for loss or damage to any Prize in transit.
31. As a condition of accepting the Prize, the winner may be requested to sign legal documentation in the form required by the Promoter in its absolute discretion, including but not limited to a legal release and indemnity form.
32. All values and amounts that appear in these Terms and Conditions are in Australian dollars and are inclusive of GST unless expressly stated otherwise.
33. If, for any reason, a winner does not take a prize, then the prize will be forfeited.
34. If any 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.
35. 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.
36. 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) to modify, suspend, terminate or cancel the Promotion, as appropriate,
subject to any written directions from a regulatory authority.
37. Any cost associated with accessing the promotional website/Application is the entrant’s responsibility and is dependent on the Internet service provider used.
38. 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.
39. 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 2010, as well as any other implied warranties under the ASIC Act 2001 or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”).
40. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees (in which case that liability is limited to the minimum allowable by law), the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (whether or not arising from any person’s negligence), for any personal injury; death or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of this promotion, including: (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 before or 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; (f) use/taking of a prize or (g) any delay in delivery, loss or damage to the prize once the prize has left the supplier’s premises.
41. All Entries become and remain the property of the Promoter and will not be returned. Upon Entry into this promotion, the Promoter will collect personal information about an Eligible Entrant so that the Eligible Entrant can participate in the promotion and the Promoter can administer the promotion. To do this, the Promoter will disclose Eligible Entrant’s personal information to organisations to which the Promoter outsources functions, and organisations associated with this promotion. The Promoter may use this information, in any media for future promotional, marketing and publicity purposes without any further reference, payment, or other compensation to the Eligible Entrant, including sending the Eligible Entrant electronic messages. If an Eligible Entrant is a Major Prize or Minor Prize winner, the Promoter will publish this information on the internet. If an Eligible Entrant does not provide their personal information upon request, the Eligible Entrant cannot participate in the promotion. Access to personal information may be requested by contacting the Promoter’s Privacy Officer at 239 Milawa-Bobinawarrah Road, Milawa VIC 3678. A copy of the Promoter’s Privacy Policy in relation to the treatment of personal information collected may be obtained by contacting the Promoter. The Promoter is bound by the National Privacy Principles in the Privacy Act 1988.
42. If the entrant has elected to receive electronic commercial messages from the Promoter, the Promoter may, for an indefinite period, unless and until otherwise advised by an entrant to the contrary (e.g. through the use of an unsubscribe facility), use the entrant’s personal information for promotional, marketing, publicity, research, profiling and customer satisfaction purposes, including sending electronic commercial messages to the entrant.
43. Entry and participation in this promotion is subject to the Promoter’s liquor serving policy. The Promoter encourages consumers to enjoy alcohol responsibly. Legal aged consumers are advised to consider the 'low risk drinking’ levels recommended in the National Health and Medical Research Council Australian Alcohol Guidelines that are: for healthy men and women, drinking no more than two (2) standard drinks on any day reduces your risk of harm from alcohol-related disease or injury over a lifetime. Drinking no more than four (4) standard drinks on a single occasion reduces the risk of alcohol-related injury arising from that occasion. Participation in the promotion is subject to relevant liquor legislation in each applicable State, including responsible service of alcohol. Consumers are also encouraged to visit the Australian Government’s information site for alcohol at
www.alcohol.gov.au44. The entrant releases and agrees to keep the Promoter indemnified and held harmless from any claim, cost, demand, tax, liability or damage (including legal costs on a full indemnity basis) suffered or incurred by the Promoter arising out of the entrant’s:
(a) participation in the Promotion;
(b) taking or use of all or part of a prize; and
(c) any claim by a third party arising from an act or omission by the entrant.
45. The Promoter is not liable for any failure to comply with these Conditions of Entry. If any part or provision in these Conditions of Entry is found to be invalid, void, voidable, unenforceable or illegal, that part or provision will be read down so that it is not invalid, void, voidable, unenforceable or illegal. If the term or condition cannot be read down, it will be severed and the remaining provisions will continue in full force.
46. These Conditions of Entry constitute the entire agreement between the entrant and the Promoter as to its subject matter.
47. The Promoter is Brown Brothers Milawa Vineyard Pty Ltd of 239 Milawa-Bobinawarrah Road, Milawa Victoria Australia 3678 (ABN 56 005 349 235). Telephone: (03) 5720 5500.
Australian Competitions Club
