1. Information on who can enter, 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. The promoter is GAP Drinks Pty Ltd ACN 090 139 870 (on behalf of Quintessential Brands Premium Brands Ltd, UK) of Suite 1, Level 1, 64 The Esplanade, Terrigal NSW 2260. ABN 12 090 139 870. (“Promoter”).
3. Entry is only open to Australian residents aged 18 years or over.
4. Employees (and their immediate families) of the Promoter, its affiliated companies and freelance contractors and agents and their immediate family members and other persons who are professionally connected with the Promoter or 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 first cousin.
5. The promotion commences from 12:00am on 26/10/2020 (opens) until 11:59pm on 07/12/2020 AEDST (closes) (“Promotional Period”).
6. The Promoter is responsible for determining whether a person is an eligible entrant in its absolute discretion. An eligible entrant is an entrant who complies with the requirements in clauses 3 and 4 of these Terms and Conditions. By entering this promotion you represent that you are eligible to enter.
7. To enter the promotion and be eligible to win, eligible entrants must complete the entry form with the requisite valid information (as outlined below) at www.opihr.com, during the Promotional Period (valid entry):
• Your nickname or handle; • Your full name; • Your email address; • Your state of residence; • Your chosen travel destination (including the Town/City, or specific location); • What country your chosen travel destination is located in; • Write your ‘Must see’/’Travel tip’ from your chosen destination (in 150 words or less); o The travel tip MUST be specific to your chosen destination and not general travel tips for any location • Upload an image; o The image MUST be that of your chosen destination. No other image will be a valid submission o The image submitted must be your own image. If taken from the internet or via another source then your entry WILL NOT be valid o No person/persons visible faces are to be included in the image submitted, otherwise the entry WILL NOT be valid o No one under the age of 18 must be visible in your image as your entry WILL NOT be valid o which is in jpeg, jpg or png file format and no larger than 4MB; and then o Please ensure your image complies with these Terms and Conditions
8. 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.
9. The Promoter reserves the right to exclude or remove an entry from the promotion if, in the absolute discretion of the Promoter, an entry contains insults, inaccuracies, violence, threats, self-harm, bullying, harassment, hate speech, explicit content, nudity, or content that poses a risk to safety of any persons, or content that is in breach of any intellectual property, privacy or confidentiality rights or obligations. In such cases, the Promoter reserves the right to disqualify a winner and the prize may also be disallowed in retrospect.
10. The participant indemnifies the Promoter from all claims, losses or damages arising in connection with such excluded, removed or disqualified entries.
11. Entries will be checked for possible obscenity or other objectionable content, e.g. discriminatory content. The Promoter reserves the right at their sole discretion not to publish or to remove any content. If this happens, the entrant will be notified and will be barred from entering the promotion.
12. Eligible entrants may enter the promotion more than once, but each entry needs to be a different location and ‘Must see’/’Travel tip’ specific to that destination for it to be a valid entry.
13. The Promoter accepts no responsibility for entries which are not valid entries due to a technical fault, technical malfunction, computer hardware or software failure, satellite, network or server failure of any kind or any combination of them that may occur in the course of administration of this promotion including any omission, deletion, interruption, defect, delay in operation or transmission, theft or destruction or unauthorised access to or alterations of entries.
14. Participation via competition services and automated competition procedures (or similar) is not permitted. The Promoter reserves the right to remove or exclude entrants from the promotion without stating reasons. Entrants who try to disrupt the promotion or give themselves an unfair advantage by using prohibited tools shall also be excluded from taking part in the promotion.
15. The Promoter accepts no liability for entries submitted via social media platforms which are not visible or searchable due to user’s social media privacy settings.
16. 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.
17. The deadline for all entries is 11:59pm on 7/12/2020 AEDST. Entries received after this will not be valid or accepted. Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
18. There will be one (1) draw conducted and will take place at Red Jelly, 34-36 Elizabeth Street, Hobart TAS 7000, Australia at 12:00 pm AEDST on 15/01/21 using computerised random selection. The first valid entry drawn will be the winner of the major prize specified below. The following two (2) valid entries drawn will be the winners of the minor 2nd prize and the following three (3) valid entries drawn will be the winners of the minor 3rd prize. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The draw is open for public scrutiny and anyone may witness the draw on request.
19. Each winner will be notified in writing via email within five (5) business days of the draw and their name will be announced online at www.opihr.com, on the Opihr Instagram and the Opihr Facebook pages from 22/01/2021.
20. In the event that for any reason whatsoever a winner/s does not claim or redeem their prize by 15/04/2021, the prize/s will be forfeited by the winner and cash and/or a replacement will not be awarded in lieu of the prize. The Promoter, after allowing reasonable and fair time and having pursued all reasonable endeavours to contact the winner may conduct an unclaimed prize draw.
21. The unclaimed prize/s draw will take place at Red Jelly, 34-36 Elizabeth Street, Hobart TAS 7000, Australia at 12:00 pm AEDST on 16/04/21. In the case of an unclaimed prize/s draw the winner/s will be notified in writing via email and online at www.opihr.com, on the Opihr Instagram and the Opihr Facebook pages on 23/04/2021.
22. All decisions of the Promoter, in respect of this promotion and all aspects relating to it will be final and binding and no correspondence will be entered into about it.
23. The Promoter accepts no liability if the winner’s notification is lost when electronically sent and/or does not reach the winner for reasons beyond its control.
24. There is one (1) major prize, two (2) minor 2nd prizes, and three (3) minor 3rd prizes to be won:
MAJOR PRIZE – one (1) major prize for one (1) winner:
• $3,500 AUD travel voucher from Andrew Jones Travel
MINOR 2nd PRIZE – two (2) minor 2nd prizes for one (1) winner each:
• Kaiser Baas X600 Waterproof Body 4K Action Camera valued at $249.95 AUD each • Kaiser Baas 360 Head Strap valued at $39.00 AUD each • Kaiser Baas Chest Mount Flex Strap valued at $49.00 AUD each • Kaiser Baas Alloy Bike Kit valued at $19.00 AUD each • Kaiser Baas Suction Cup Mount 9cm for X80 Action Camera and GoPro valued at $29.00 AUD each • Kaiser Baas Tripod Grip valued at $39.00 AUD each
MINOR 3rd PRIZE – three (3) minor 3rd prizes for one (1) winner each:
• Opihr Gin Pack valued at $110 AUD each including: a. 1 x Opihr Gin 700mL 40% ABV b. 1 x Opihr Gin & Tonic RTD 4 pack (6.5% ABV on each 275mL bottle) c. 1 x Opihr Gin & Tonic with twist of Orange RTD 4 pack (6.5% ABV on each 275mL bottle)
National Total Prize pool valued at up to $4,679.90 AUD
25. If any of the prizes are unavailable for reasons beyond the Promoter’s control, the Promoter, in its discretion, reserves the right to substitute the prize/s (or that part of the prize/s) with a prize to the equal value and/or specification, subject to applicable laws.
26. Prizes are not negotiable, transferable or exchangeable and cannot be taken as cash.
27. The prize will be delivered via email or mail and will be confirmed after the winner/s are announced.
28. Once prizes have left the Promoter’s premises, the Promoter takes no responsibility for prizes that are damaged, delayed or lost in transit.
29. The travel voucher will be valid until 31/12/2023. All arrangements need to be made through Andrew Jones Travel and are subject to availability at time of booking. The entrant acknowledges and agrees that Andrew Jones Travel must have a commercial agreement with the airline or supplier for all bookings and confirmations. The travel Voucher is valid on interstate or overseas travel and must be used in one transaction. The travel voucher is non-refundable, non-transferable and not redeemable for cash. The travel voucher will not be replaced if lost or stolen.
30. Redeeming the travel voucher prize is conditional on acceptance of the terms and conditions of travel as detailed by Andrew Jones Travel and the airline carriers and or supplier in accordance with normal travel practices, such terms and conditions to be provided by Andrew Jones Travel and the relevant airline or supplier on or before the date of redeeming the travel voucher.
31. Alcohol prizes will not be distributed by or to any person under 18, nor can a person under 18 dispense or collect an alcohol prize. Entrants will be refused service of alcohol or provision of an alcoholic beverage prize if it would breach any relevant laws or codes including those relating to the responsible service of alcohol. The Promoter supports the responsible service of alcohol.
32. The value of the prize is accurate and based upon the recommended retail value of the prize (inclusive of GST) at the date of issuing these Terms and Conditions. The Promoter accepts no responsibility for any variation in the value of the prize after that date.
33. 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.
34. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
35. There is no entry fee charged by the Promoter to enter this promotion.
36. Entrants grant to the Promoter a royalty free, irrevocable, worldwide licence to use their name and likenesses in any media for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
37. Eligible entrants agree and acknowledge that all entries and any intellectual property rights subsisting in their entries are assigned throughout the world to the Promoter and other rights in and to an entry, including as an assignment of future copyright (entry rights). The entrant warrants that they own the entry rights in and to an entry and can give the assignment. Entrants consent to the use of their entry which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth).
39. This Promotion is in no way sponsored, endorsed or administered by, or associated with any social media platform, or with Andrew Jones Travel.
40. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Terms and Conditions, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Terms and Conditions or otherwise.
41. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence or wilful misconduct) in connection with this promotion or accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
42. The Promoter hereby makes it known that the availability and functioning of the promotion cannot be guaranteed. If the promotion has to be ended or removed due to external circumstances or constraints, e.g. technical problems, rule changes or decisions by social media platforms, participants shall not be entitled to make any claims against the Promoter. If any individual provisions of these terms and conditions are or become ineffective, the effectiveness of the remaining provisions shall not be affected. The Promoter shall not accept any contractual, non-contractual or other liability as far as this is legally permissible, particularly any liability connected in any way with the prize/s.
43. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.
44. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.
45. These Terms and Conditions are governed by the law of Tasmania and the Promoter and entrants submit to the exclusive jurisdiction of the courts of Tasmania.
46. For any enquiries relating to this promotion please contact email@example.com
47. Approved Australian Capital Territory permit number: ACT TP 20/01404