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Win a $10,000 travel voucher + MORE! - Terms and Conditions for “Vodka O’s WIN YOURSELF’ Competition
VODKA O - THE "O"FFICIAL SITE·MONDAY, 31 OCTOBER 2016
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. The promoter is Artisan Spirit Merchants Pty Ltd (ABN 53 107 716 601) of Suite 812, Level 8 St Kilda Rd Towers 1 Queens Rd, Melbourne, 3004 Victoria, Australia (“Promoter”).
3. Entry is only open to Australian residents aged 18 years or over with a valid Facebook account. Only legitimate Facebook accounts will be considered for this promotion. Facebook accounts that only post branded or competition related content will not be eligible.
4. 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.
5. The promotion will be conducted on the Vodka O Facebook Page at www.facebook.com/vodkao (“Facebook Page”) from 01/11/2016 until 11:59pm AEDST on 28/02/2017 (“Promotional Period”). Throughout the Promotional Period, the Promoter will be awarding 550 Minor Prizes and one (1) Major Prize (each defined below). For the chance to win a particular Minor Prize, individuals must submit an entry before the entry close date/time for that Minor Prize, as advertised on the Facebook Page for that Minor Prize. For the chance to win the Major Prize, individuals must submit an entry by 11:59pm AEDST on 31/01/2017.
6. To enter, individuals must complete the following steps during the Promotional Period (but prior to the advertised close date/time for the Minor Prize and/or Major Prize they would like to be eligible to win): a) purchase any one (1) or more Vodka O 700ml, 1L and/or RTD 4-pack product(s) (each an “Eligible Product”) in a single transaction from any retailer in Australia that sells Eligible Products (“Qualifying Transaction”). For the sake of clarity, individual Vodka O RTD products (i.e. not part of a 4-pack) will not be eligible for this promotion; and then b) visit the Facebook Page, follow the prompts to the promotional entry application (on the menu on the left-hand side of the Facebook Page), input the requested details (including but not limited to their full name and a valid email address), provide an original and creative answer to the promotional question “Why do you want to win yourself?” in 25 words or less, upload a copy of their purchase receipt for the Qualifying Transaction, and submit the fully completed entry form.
7. Incomplete or indecipherable entries will be deemed invalid. Individuals may only enter the promotion in their own name and from their own Facebook account.
8. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per Qualifying Transaction/receipt (regardless of the number of Eligible Products purchased in excess of one (1) in that transaction) per day; (b) each entry must be substantially unique; and (c) each entry must be submitted separately and in accordance with entry requirements.
9. Entrants must upload a copy of their purchase receipt to the online entry form for all entries as proof of purchase. Failure to produce the proof of purchase when requested may, in the absolute discretion of the Promoter, result in invalidation of an entrant’s entry and forfeiture of any right to a prize. Purchase receipt(s) must clearly specify the store of purchase, that an Eligible Product was purchased, and that the purchase was made during the Promotional Period but prior to entry.
10. 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.
11. The Promoter may require entrants to provide proof of identity, proof of age and/or proof of residency. Identification considered suitable for verification is at the Promoter’s discretion. A prize will only be awarded following all verification requirements of the Promoter being met to its satisfaction.
12. 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.
13. This is a game of skill and chance plays no part in determining the winners. Entries for each Minor Prize and the Major Prize will close on the date/time specified by the Promoter on the Facebook Page, at various times throughout the Promotional Period. To determine the winner for a particular Minor Prize or the Major Prize, the Promoter will individually judge all entries received from 01/11/2016 up until the relevant close date/time for that Minor Prize or for the Major Prize (as applicable) against each other based on the originality, literary merit and creative merit of the answer provided to the promotional. The judging will take place at Artisan Spirit Merchants, Suite 812, Level 8 St Kilda Rd Towers 1 Queens Rd, Melbourne, 3004 Victoria, Australia. The judges may select additional reserve entries for each prize which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant, or in the event a provisional winner does to accept/claim their prize by the time stipulated by the Promoter.
14. The winners will be notified by email and/or telephone within 48 hours of winner determination. If a provisional winner does not respond to the Promoter’s winner notification message by the date/time specified by the Promoter in that notification message, an alternative winner will be selected and contacted in the same process at that time and date. The Promoter takes no responsibility for a provisional winner failing or neglecting to respond during the designated timeframe and consequently forfeiting a prize. Winners may need to respond to notification messages for selected prizes in short time periods (e.g. 48 hours), as specified in the notification message.
15. The Promoter’s decision is final and no correspondence will be entered into.
16. The winner for each prize will be the individual to submit the best valid entry out of all valid entries received up until the relevant close date, as determined by the judges based on the judging criteria outlined in clause 13.
17. The major prize includes the following components (“Major Prize”): · up to AU$10,000 towards a holiday. The Promoter will work together with the winner to organise the holiday, which can include (but isn’t limited to) flights, accommodation, transfers, activities/tours and spending money of up to $1,000. In the event the winner’s selected holiday costs less than $10,000, any remaining value will be forfeited by the winner and will not be redeemable for cash. In the event the winner’s selected holiday costs more than $10,000, the winner will be required to pay the difference in cost prior to the holiday being booked. The Promoter will liaise with the winner in order to book the winner’s preferred holiday, however, all aspects of the holiday are subject to availability, and in the event that, despite the Promoter’s best efforts to come to an agreement as to the inclusions and nature of the holiday with the winner, agreement cannot be reached, the Promoter reserves the right to determine the nature and inclusions of the holiday in its discretion, acting reasonably; and · the opportunity to have a life-sized 3D statue of the winner created. The winner must be available to be scanned by OMUS Printing in Bayswater VIC on or before 17/02/2017 (on an exact date determined by the Promoter in consolation with the winner). Plain clothes must be worn (such as plain t-shirt and jeans) and no jewellery at the time of the scan. The 3D scan will be taken of the winner and reproduced within 2 weeks of scanning. The completed 3D statue will then be delivered to the winner’s nominated Australian mailing address. If the winner is not from VIC, the prize also includes return economy airfares from the winner's nearest Australian capital city to Melbourne, VIC for the winner only. If the winner is from VIC, then the prize does not include airfares and the winner must make their own way (at their own expense) to OMUS Printing. Any ancillary costs associated with redeeming this component of the prize, including but not limited to accommodation, spending money, meals, insurance, transport to and from departure point, transfers, and items of a personal nature are not included.
18. The following minor prizes will be available to be won during the Promotional Period (each a “Minor Prize”): · Fifty (50) x 40cm 3D mini-me statues of the winner created by OMUS Printing. The winner will be required to select one (1) of six (6) body prototype options to make up the body of the figurine (three (3) Male options and three (3) Female options), and provide several photographs of their face (from various angles) for the face of the figurine to be created in their image. The winner will be provided with further details/requirements at the time of winner notification. Any photographs provided by a Minor Prize winner will be used only to create the figurine and will not be used for any other purposes, unless otherwise agreed with the Minor Prize Winner; · Two hundred and fifty (250) x Vodka O Party Pack. Each Pack includes one (1) sangria jug and one (1) Vodka O recipe book; and · Two hundred and fifty (250) x single-pass summer festival ticket. The exact summer festival passes available to be won will be advertised on the Facebook Page throughout the Promotional Period. The summer festival ticket prizes are subject to the event venue and ticket terms and conditions, including any applicable age restriction. The Promoter and event organisers hereby expressly reserve the right to eject any winner for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.
19. 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/synop....
20. If for any reason a winner does not take/redeem a prize (or an element of a prize) at/by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
21. 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.
22. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
23. 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.
24. Each entrant warrants to the Promoter that the entry submitted in each entry is an original literary work of the entrant that does not infringe the rights of any third party. The entrant agrees to indemnify the Promoter against all costs and claims by third parties arising from a breach of this warranty.
25. As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
26. 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.
27. Any cost associated with accessing the Facebook Page is the entrant’s responsibility and is dependent on the Internet service provider used.
28. 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.
29. 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.
30. 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) if any summer festival event is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) taking/use of and/or participation in a prize.
31. As a condition of accepting a prize, each winner maybe required to 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.
32. 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.
33. 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 related entities, agents, contractors, service providers, and prize suppliers. Entry is conditional on providing this PI. The Promoter will use and handle PI as set out in its Privacy Policy, which can be viewed at http://asmliquor.com/privacy-policy/, including to inform you about its products, services or promotions that might be of interest to you. 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. The Promoter may disclose entrant’s PI to suppliers and related entities outside of Australia (see Privacy Policy for details).
