Copy of Terms and Conditions

"ARDBEG CHRISTMAS SHORTIE DELIVERY" 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. To the extent of any inconsistency between these Terms and Conditions and any other reference to this promotion, these Terms and Conditions prevail.
  2. The promoter is Moët Hennessy Australia Pty Ltd (ABN 26 104 454 604) Moet Hennessy Australia – Level 30, One International Towers Sydney, 100 Barangaroo Avenue, Sydney NSW 2000 Australia. Phone: (02) 8344 9900 (“Promoter”).
  3. Entry is only open to Australian residents aged 18 years or over.
  4. The directors, management and 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
  5. Promotion commences on December 6th and ends at on December 14th (“Promotional Period”).
  6. To enter, individuals must complete the following steps during the Promotional Period: Visit Hennessy event page on Eventbrite (https://ardbegcommittee.com.au/), follow the prompts to the promotion entry page, input the requested details (including: full name, date of birth, mobile number, email address, postcode), accept the competition T&Cs / privacy collection statement, confirming they are +18 years old.
  7. Incomplete, indecipherable, inaudible or illegible entries will be deemed invalid. Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Entries received will be considered final by the Promoter. The Promoter accepts no responsibility for late, lost or misdirected entries. Contact details entered incorrectly by an entrant on their entry form will deem their entry invalid
  8. Only one (1) entry permitted per person.
  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. 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.
  11. The unique winner draw will take place at Moet Hennessy Australia – Level 30, One International Towers Sydney, 100 Barangaroo Avenue, Sydney NSW 2000 Australia on:
    December 16th at 3pm.
  12. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
  13. The winner(s) will be notified in writing within 24h of the draw via email and will be given a window of 48h to claim their prize
  14. The Promoter’s decision is final, and no correspondence will be entered into.
  15. The unique (1) valid entry drawn will win an Ardbeg experience valued at $300. Including a visit from distillery dog mascot, a bottle of Ardbeg Ten Years Old 2019 Limited Edition in a bone shaped box and an hour-long Ardbeg Masterclass for delivery recipient and 4 other persons. The Ardbeg special delivery will be scheduled at a time suiting Moet Hennessy Australia and delivery recipient.
  16. Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize (or an element of the prize) at/by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
  17. 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.
  18. Total prize pool value is $300
  19. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
  20. A re-draw for any unclaimed prize(s) may take place on December 18th at the same time and place as the original draw, subject to any directions from a regulatory authority. Winner(s), if any, will be notified in writing within 24h of the re-draw via email and will be given a window of 48h to claim their prize
  21. The Promoter encourages consumers to enjoy liquor 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. Entry and continued participation in this promotion is subject to the licensee’s liquor serving policy.
  22. Entrants can only enter in their own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the promotion and all entries of an entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. The Promoter reserves the right to request the entrant produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the entrant’s identity, age, residential address, eligibility to enter and claim the prize, and any information submitted by the entrant in entering the promotion, before issuing the prize. If any documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an entrant or entry has not been verified or validated to the Promoter’s (or its nominated agent’s) satisfaction, then all the entries of that entrant may be ineligible and deemed invalid.
  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. The entrant agrees that, in the event they are a winner, the entrant will participate in all reasonable promoted activities in relation to the promotion as requested by the Promoter and its agents and sign any additional documents reasonably required by the Promoter to give effect to this condition.
  24. 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.
  25. 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 repeatedly is prohibited and will render all entries submitted by that entrant invalid.
  26. 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 Australian Consumer Law, 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.
  27. 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) taking/use/redemption of a prize.
  28. 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 facebook.com/terms.php, the Instagram Terms of Use which can be viewed at http://instagram.com/legal/terms/, and/or the Twitter Terms of Service which can be viewed at https://twitter.com/tos (as applicable to the method of entry). This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or Twitter. Entrants understand that they are providing their information to the Promoter and not to Facebook, Instagram or Twitter. 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, Instagram or Twitter. Facebook, Instagram and Twitter 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.
  29. As a condition of accepting the prize, the winner(s) may be 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.
  30. The Promoter will provide to each entrant, at time of entry into the promotion, a collection statement that details the Personal Information being collected, the purpose of its collection, where the Personal Information will be stored and how it will be shared with third parties. The collection statement will comply with the Promoter’s disclosure obligations under the Privacy Act 1988 (Cth).
  31. An entry and any copyright subsisting in an entry irrevocably becomes, at time of entry, the property of the Promoter, and the entrant agrees to execute any documents to give effect to this clause, as requested by the Promoter. The Promoter collects Personal Information about an entrant to include the entrant in the promotion and, where appropriate, award the prizes. If the Personal Information requested is not provided, the entrant cannot participate in the promotion and is deemed ineligible. An entrant also agrees that the Promoter may, in the event the entrant is a winner, publish or cause to be published the entrant winner’s name and locality in any media, as required under the relevant State or Territory lottery legislation. An entrant can gain access to, update or correct any Personal Information held by the Promoter by contacting the Promoter at http://www.moet-hennessy-collection.com.au/#contact. All Personal Information will be stored by the Promoter in accordance with the Promoter’s Privacy Policy. A copy of the Promoter’s Privacy Policy in relation to the treatment of Personal Information collected may be obtained by visiting http://www.moet-hennessy-collection.com.au/privacy.html
  32. By entering the promotion, entrants acknowledge that a further primary purpose for collection of the entrant’s Personal Information by the Promoter is to contact the entrant in the future with information about the Promoter, including special offers, market research or to provide the entrant with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future. The Promoter may share an entrant’s Personal Information with its Australian and overseas related companies, promotional partners, servants, employees, agents and trusted third parties who may contact the entrant for their legitimate commercial purposes, including special offers, market research or to provide the entrant with marketing materials in this way. By entering the promotion, entrants acknowledge and agree that the Promoter and any applicable third parties may use their Personal Information in the manner set out in this condition.

In these Terms and Conditions: “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth). “Personal Information” means, for the purpose of the Privacy Act 1988 (Cth), information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not.

NSW Permit No. LTPM/19/04209