TERMS AND CONDITIONS 

“Hennessy Game Never Stops NBA 75th Season After Party – Ivy Penthouse – subscriber ticket giveaway” PROMOTION

  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.
  1. The Promoter is Moët Hennessy Australia Pty Ltd (ABN 26 104 454 604) Level 30, One International Towers Sydney, 100 Barangaroo Avenue, Sydney NSW 2000. Phone: (02) 8344 9900 (“Promoter”).
  1. Entry is only open to Australian residents aged 18 years or over.
  1. The directors, management and employees (and their immediate families) of the Promoter, associated companies and agencies associated with this promotion, are not eligible to enter or win the promotion. 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
  1. Employees of NBA Properties, Inc., the National Basketball Association (the “NBA”), and the NBA member teams (collectively, the “NBA Entities”), including affiliates, agents and immediate family members and/or those living in the same  household of such employees, are not eligible to enter or win the    
  1. Promotion commences on 25th April at 12pm AEST and ends at 11pm AEST on 9th May 2022. (“Promotional Period”). No entries will be considered outside of the Promotional Period.
  1. To enter, entrants must complete the following step(s) during the Promotional Period: complete the entry registration form to subscribe to Hennessy’s global email database with their personal details (must be over 18 years old to participate).
  1. 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 the entry form will deem their entry invalid.
  1. Only one entry per person.
  1. 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 entrant 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.
  1. 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.
  1. One (1) winner will be selected by a random draw generator at the Promoter’s Head Office – Level 30/100 Barangaroo Ave, Sydney, NSW 2000, 11 pm 16th May AEST 2022. The Promoter may select additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn or an entrant being unable to satisfy these promotion Terms and Conditions or forfeiting or not claiming a prize.
  1. There will be one (1) prize. The maximum total prize pool value of $1,500 AUD depending on winner’s place of departure.

    The winner will need to be available to attend the Hennessy Game Never Stops 75th Season After Party, hosted at Ivy Penthouse, Sydney Australia (“Event”) on July 1st 2022. Details of the one (1) prize consist of:

    Either
    For Interstate winner, prize consists of:
    A) Two (2) Event tickets to attend the Hennessy Game Never Stops Event
    B) Two (2) return economy class airfare tickets for winner residing outside of Sydney/NSW (airline of Promoter’s choice)
    C) 1 night twin shared accommodation in up to 4-star hotel of Promoter’s choice.

    Or
    (ii) For Sydney/NSW winner, prize consists of:
    A) Two (2) Event tickets to attend the Hennessy Game Never Stops Event
    C) 1 night twin shared accommodation in up to 4-star hotel of Promoter’s choice.

    The winner’s nominated travel companion must be an Australian resident aged 18 or over.

    The prize includes GST and taxes included in the price of the ticket. Unless otherwise stated, the prize does not include travel insurance, passports, visas, meals, taxes not included in the price of the ticket, ground transportation, or any other costs of a personal nature. The winner and travel companion are responsible for ensuring that they have all necessary documents to travel to the Event. 

    To accept the prize, the winner must, within the stipulated days of the Promoter’s notification of the winner (“Verification Deadline”), confirm acceptance of the prize and provide the requisite information requested by the Promoter about the winner and his/her nominated companion to enable the Promoter or its appointed agency to book for the air tickets and/or accommodation (e.g. last, first, middle name, passport details, mobile phone numbers etc.). If the winner (or his/her travel companion) does not provide the required information by the Verification Deadline or does not fulfil any other condition of accepting the prize, the winner will forfeit the prize.

    Compliance with any health or other government requirements is the responsibility of the prize-winner and the travel companion. The Promoter makes no representation as to the safety, conditions or other issues that may exist at any destination and/or venue. Prize travel is subject to airline’s and/or airport terminal’s General Conditions of Carriage, the health and safety protocol of airlines and/or airport terminals and/or hotel’s and/or Event venue’s and/or any other Covid-19 rules for travellers or residents.

    As a condition of accepting the prize, the winner and his/her nominated companion 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. 
  1. Flights and accommodation are subject to booking and availability and prize travel is subject to availability of prize travel fares at the time of booking. The winner and his/her companion must travel together on all prize travel and will not accrue any rewards points from the airline on the prize travel. An upgrade cannot be purchased on airfares with cash or reward points.
  1. Airfares and bookings must be made and travel must be completed by the timeline(s) that the Promoter notifies to the winner. There can be no changes to travel arrangements once tickets or accommodation have been issued.

    Without limitation to any other clause, if unforeseen circumstances beyond the Promoter’s control requires it it make necessary changes to the prize in accordance with operating requirements, the Promoter reserves the right to make changes, cancel or reschedule the travel and accommodation bookings. The Promoter accepts no responsibility nor liability for any variation in prize value and/or delay in transit of prize.  
  1. The winner will be notified in writing within two (2) business days of draw, via the email provided at the time of registration to participate.
  1. The Promoter’s decision is final, and no correspondence will be entered into.
  1. 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.
  1. 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.
  1. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
  1. 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.
  1. 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.
  1. Entrants consent to the Promoter and NBA Entities 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.
  1. The entrant agrees that, in the event he or she is a winner, the entrant will participate in all reasonable promoted activities in relation to the promotion as requested by the Promoter and NBA Entities and its agents and sign any additional documents reasonably required by the Promoter to give effect to this condition.
  1. 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.
  1. Any cost associated with accessing the promotional site 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.

    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 similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”) which may not be limited, excluded or modified by agreement. 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 whether arising in tort (including without limitation negligence), contract or otherwise for any personal injury; or any loss or damage (including without limitation loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
  1. 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.
  1. To the extent permitted by law, the NBA Entities and each of their respective parent companies, subsidiaries, affiliates, officers, directors,  employees, governors, owners, distributors, retailers, agents,  assignees, advertising/promotion agencies, representatives,  and agents shall have no liability and will be released and held  harmless from any claim, action, liability, loss, injury or damage,  including, without limitation, personal injury or death to winner or any third party or damage to personal or real property due in  whole or in part, directly or indirectly, by any reason, including  the acceptance, possession, use or misuse of the prize and/or participation in this promotion. 
  1. 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).
  1. 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, correct or to withdraw the consent to the collection, use or disclosure of 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 https://privacy-policy-ap.moethennessy.com/EN.pdf
  1. By entering the promotion, entrants acknowledge that a further primary purpose for collection of the entrant’s Personal Information by the Promoter and NBA Entities 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.
  1. 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.
  1. This promotion is in no way sponsored, endorsed or administered by Facebook. Entrants are providing information to the Promoter.