COMPETITION TERMS AND CONDITIONS – HALF COURT SHOT
MOËT HENNESSY AUSTRALIA PTY LIMITED A.B.N. 26 104 454 604 (MHA)
HENNESSY NBA PR ACTIVATION | ATHOL BAY NSW | 11 MAY 2022 (Event)
What is the competition and what are the rules?
The competition is being run during the Event on 11 May 2022 at Athol Bay. Each participant will be transferred from Jones Bay Wharf by water to a floating barge off Athol Bay. The competition will involve 10 participants each shooting one basketball from behind the halfway line of a temporary basketball court. The basketball court will be installed on floating barge on Athol Bay, where the competition will occur. Only three participants will be entitled to a prize in accordance with these terms and conditions.
The competition is a game of skill.
Participants will only be entitled to one shot of one full-size basketball except if the knockout round set out below applies.
Each participant who sinks a ball in the hoop on their first shot, those who do will go into a “knockout round”, where they will be “knocked out” of the competition if they miss on their second or subsequent shot. The last participant standing after each other “knockout round” participant has missed a shot in that round will be the winner of the First Prize. The second last participant (being the last person to miss a shot other than the winner of the First Prize) will be the winner of the Second Prize. The third last participant (being the second last person to miss a shot after the winners of the First Prize and the Second Prize) who sinks a ball in the hoop will be the winner of the Third Prize.
In the event that less than 3 of the 10 participants sinks a ball in the hoop on their first shot:
- If two participants sink a shot in the first round, they will compete in a separate knockout round for First Prize and Second Prize, and the remaining participants will compete in a separate knockout round for Third Prize; and
- If one participant sinks a shot in the first round, that participant will win First Prize and the remaining participants go into a subsequent knockout round to compete for Second Prize and Third Prize.
In these instances, subsequent knockout rounds will occur until all prizes are awarded.
Who can enter?
Each participant acknowledges that all participants are preselected by MHA or its agents or representatives. MHA warrants that preselection is not based on any particular level of skill, but does not warrant that all participants would be of equal or similar skill level.
What is the prize
The First Prize comprises:
1 x Hennessy ‘Baller Collection” Merchandise Pack
(approx. $650 value).
The Second Prize comprises:
1 x Hennessy ‘Game Day Drop” Merchandise Pack
(approx. $280 value).
The Third Prize comprises:
1 x Bottle of Hennessy VS NBA
(approx. $80 value).
Prizes are not exchangeable for cash or other forms of credit and no refunds will be issued for the value of the prize if plans are cancelled or altered. All costs above the value of the prize including any changes or other fees are the responsibility of the prize winner.
Notification and delivery
The winner of the prize, in addition to being announced at the Event following a successful throw, will also be notified in writing via email within 72 hours of the Event concluding.
The winner’s prize will be delivered to their nominated address within 48 hours. If the prize is not claimed within this time, the prize will be forfeited and the prize winner will have no further entitlement to claim.
General Terms and Conditions – exclusion and waiver of liability
- Nothing in these terms and conditions limit, exclude or modify 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 State and Territories of Australia (Non-Excludable Guarantees).
- Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, MHA (including its respective officers, employees and agents and specifically including Studio Messa Pty Limited) and NBA Entities (including NBA Properties, Inc., the National Basketball Association (the “NBA”) and the NBA member teams and each of their respective parent companies, subsidiaries, affiliates, officers, directors, employees, governors, owners, distributors, retailers, agents, assignees, advertising/promotion agencies, representatives, and agents - collectively, the “NBA Entities”) exclude 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 Event and the competition.
- Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, MHA (including its respective officers, employees and agents and specifically including Studio Messa Pty Limited) and NBA Entities are 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 involvement or participation in the competition; (b) any entry or prize claim that is late, lost, altered, damaged or misdirected (due to any reason beyond the reasonable control of MHA or its agents); (c) any variation in prize value to that stated in these terms; (d) any liability incurred by a winner or participant; or (e) use of a prize.
- Except where any liability that cannot by law be excluded, each entrant irrevocably releases MHA and its agents, employees, officers and Studio Messa Pty Ltd and its agents, employees, and officers and NBA Entities from all claims in connection with any loss or damage suffered as a result of participation or involvement in the competition.
- Except where any liability that cannot by law be excluded, MHA (including its respective officers, employees and agents and specifically including Studio Messa Pty Limited) and NBA Entities are not responsible for any changes to the competition for example delay or cancelation of the competition for any reason beyond the control of MHA and its agents.
- No participant can enter the competition without also signing the waiver and release of rights and acknowledgment of risk form which relates to the Event.