Five Friends Bike Competition Terms & Conditions

‘Win a Five Friends Bike’ Competition Terms & Conditions

25th June 2018 – 30th July 2018

(1) Information on How to enter and prize information form part of these Conditions of Entry (Conditions of Entry).

(2) Entry into the Promotion is deemed acceptance of these Conditions of Entry.

(3) The Entrant is responsible for ensuring his or her familiarity with the Conditions of Entry at the time of participation. The Promoter’s decision not to enforce a specific restriction (whether communicated to an Entrant or not) does not constitute a waiver of that restriction or of the Conditions of Entry generally.

(4) The Promoter’s decision in relation to any aspect of these Conditions of Entry and the Promotion is final and binding on every person who enters. No correspondence will be entered into.

(5) The Promoter is CUMULUS WINES PTY LIMITED ABN: 31 000 429 550 of Suite 3, Level 1, 810 Pacific Highway, Gordon NSW 2072 (Promoter).

(6) The Promotional period commences 25/06/2018 and concludes close of business of the respective Participating Outlets no later than 30/07/2018. Participating outlets will display individual outlet promotional start and end dates, within the promotional period as stated.

(7) Entry in the Promotion is only open to Australian residents aged 18 years and over, excluding:
a. management, employees, directors and contractors of the Promoter, its related entities, the Participating Outlets and other agencies, firms or companies associated with the Promotion (including suppliers of prize);
b. a spouse, de-facto spouse, parent, guardian, child or sibling of a person referred to in paragraph 7a of these Conditions of Entry;
c. persons who have breached the terms and conditions of any promotion run by or on behalf of the Promoter,
(Eligible Entrants). The persons referred to in paragraph 7b of these Conditions
of Entry includes natural and non-natural relations (in the opinion of the Promoter) and the Promoter is responsible for determining whether a person is an Eligible Entrant in its absolute discretion.

(8) To enter and be eligible to win, Eligible Entrants must, during the Promotion Period,:

a. Purchase two (2) bottles of wine from the Five Friends range at a Participating D’Aquinos store and request a Promotion Entry Form at time of purchase; and
b. Complete the Promotion Entry Form (providing all details required, including their full name, address, email, day time phone number), attach their purchase receipt evidencing their Qualifying Purchase and place it in the entry box provided at the Participating Outlet at which they made their Qualifying Purchase (Eligible Entry).

(9) Each Qualifying Purchase counts towards one (1) entry only.

(10) Entry is via Entry Box only which will be located in each of the Participating D’Aquinos Outlet.

(11) Multiple entries are permitted in accordance with the entry terms and conditions.

(12) Incomplete, illegible or incorrect entries, or which contain offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win.

(13) If requested by the Promoter, Eligible Entrants must produce, within the time requested by the Promoter at its absolute discretion appropriate photo identification or other documentation, required by the Promoter to verify their identity, age, eligibility to enter the Promotion and claim a Prize (if drawn) and compliance with these Conditions of Entry. If the items required by the Promoter are not received or an entrant has not been verified to the
satisfaction of the Promoter within the time period required by the Promoter, the entry(s) submitted by the entrant will be deemed as invalid. Prize will only be awarded following all validation and verification requirements of the Promoter being met to its satisfaction

(14) Entrants can only enter the Promotion in their own name.

(15) A random manual prize draw will be conducted at each Participating D’Aquinos Outlet (Draw Location) by a representative of the Promoter from all Eligible Entries received by the respective Participating Outlet during the participating outlets promotional period, no later than the Promotional Period, 12 noon (local time) 01/08/2018 (Outlet Prize Draw).

(16) The first Eligible Entrant with a valid Eligible Entry drawn in each D’Aquinos Outlet Prize Draw will win a Reid Ladies Vintage 7 Speed Bike, valued at $379 RRP (Prize).

(17) The Total Prize Value in NSW is $2,274.00 (6 Bikes) that will be given away.

(18) Prize Winners will be required to return to the Participating D’Aquinos Outlet where the Qualifying chase was made to collect their Prize. All costs associated with collection of a Prize are the responsibility of Prize Winners.

(19) Each Outlet Prize Draw winner will be notified by phone and email and their details displayed in the Participating D’Aquinos Outlet.

(20) If a Prize is won by an Eligible Entrant and they do not claim their Prize by 12 noon (local time) 01/11/2018 (3 months) a random manual re-draw will be conducted at that time at the respective Draw Location(s) by a representative of the Promoter from all remaining Eligible Entries received in the Promotion from the respective Participating D’Aquinos Outlet, subject to any directions from the relevant gaming departments (Unclaimed Outlet Prize Draw).

(21) Any Unclaimed Outlet Prize Draw winner (if any) will be notified by phone, email and displayed in the respective Participating D’Aquinos Outlet.

(22) Acceptance and use of a Prize is subject to terms and conditions imposed by those involved in providing the Prizes.

(23) If more than one person attempts to claim the Prize, the Promoter has sole and absolute discretion to determine which of those persons the winning entrant is.

(24) Prize is not transferable, exchangeable or redeemable for cash. Prize must be taken as offered and may not be varied.

(25) The Promoter shall not be liable for a Prize being lost, stolen, damaged or tampered with in any way before it reaches the winner or after it has been released to the winner.

(26) The Promoter accepts no responsibility for any variation in the value of the Prize from the time of printing Promotion materials.

(27) If the Promoter is unable to provide the winner with the nominated Prize, the Promoter reserves the right to supply an alternative prize of similar monetary value to the nominated prize, subject to any directions given by the relevant Gaming Department.

(28) The Promoter accepts no responsibility for any entries not received for any reason during the Promotion Period. No responsibility will be taken for lost, late or misdirected entries. The Promoter does not warrant the Participating D’Aquinos Outlets will be open at all times during the Promotion Period.

(29) If, for any reason, the Promotion is not capable of being run as planned, including due to tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter reserves the right in its absolute discretion to take any action that may be available to it, subject to the relevant Gaming regulations, including cancelling, terminating, modifying or suspending the Promotion.

(30) Any entrant who, in the opinion of the Promoter, tampers or interferes with the entry or draw mechanism in any way, engages in any unlawful or improper conduct which jeopardises or is likely to jeopardise the fair or proper conduct of the Promotion, or who does not properly comply with the entry process, will be ineligible to win.

(31) The:
a. Promoter, the Promoter’s related entities, the Participating D’Aquinos Outlets and all agencies associated with the Promotion; and
b. the employees, agents, directors and contractors, of all entities referred to in
paragraph 31a, shall not be liable for any loss or claim, action, demand, liability, damage, cost, expense or personal injury whatsoever (including but not limited to any direct, indirect or consequential loss), incurred, suffered or sustained by any person or entity (without limitation) in connection with, or arising from, the Promotion or the acceptance or use of a Prize, except that which cannot be excluded by law (in which case that liability is limited to the maximum
extent allowable by law).

(32) The Promoter accepts no responsibility for any tax liabilities that may arise from winning or receiving the benefit of a Prize.

(33) Prize winners must, at the Promoter’s request, participate in any Promotion activity (such as publicity and photography) relating to the winning of the prize, free of charge, and they consent to the Promoter using their name and image in any future promotional material.

(34) Any attempt to deliberately undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the promoter reserves the right to seek damages to the fullest extent permitted by law.

(35) The Promoter encourages consumers to enjoy alcohol responsibly. Legal aged consumers are advised to consider the safe drinking levels recommended in the National Health and Medical Research Council Australian Guidelines to Reduce Health Risks from Drinking Alcohol

(36) All entries become the sole property of the Promoter.

(37) The information entrants provide (Personal Information) will be used by the Promoter for the purpose of conducting this Promotion. By entering this Promotion, entrants consent to the storage of their personal information on the databases of the Promoter and its related bodies and the Promoter and its related bodies may use this information for future promotional and marketing purposes regarding their products and services including contacting entrants via any contact details provided by the entrant without further reference or compensation to the entrant

(38) The Promoter may disclose Entrants’ Personal Information to its contractors and agents to assist in conducting this Promotion and as required, to Australian regulatory authorities.

(39) Entrants can request access to update or correct their Personal Information held by the Promoter and may request that they not receive further Promotional or marketing communications from the Promoter by contacting the Promoter at the address above. Should an Entrant’s contact details change during the Promotion Period, it is the Entrant’s responsibility to notify the Promoter.

(40) The Promoter is bound by the National Privacy Principles in the Privacy Act 1988.