Promoter |
Moet Hennessy Australia Pty Limited (ABN 26 104 454 604), Level 30, One International Towers Sydney, 100 Barangaroo Avenue, Barangaroo NSW 2000.Prize fulfilment will be conducted by a third-party vendor on behalf of the Promoter (winners will be provided with delivery instructions and details). |
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Promotion Period |
12.01am (AEST) on 01/05/2023 to 11.59pm (AEST) on 30/09/2023. |
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Who can enter? |
Only Victorian, New South Wales (NSW), Western Australian (WA) and Queensland residents who: (a) are aged 18 or over; |
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Who can't enter? |
(a) Directors, officers, management and employees (and their immediate families) of: |
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Where will the Promotion run? |
The promotion will run in participating liquor licensed outlets in Victoria, NSW, WA and Queensland. The Outlets includes the online stores (for delivery to addresses in Victoria, NSW, WA and Queensland only). |
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Website |
spiritofthenba.hennessy.com/pages/competition |
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Qualifying Purchase |
Any 700ml bottle (or larger) of Hennessy Very Special, Very Special Old Pale or Extra Old Cognac. |
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Entry instructions |
To enter, you must, during the Promotion Period: (a) make a Qualifying Purchase from an Outlet and collect your itemised purchase receipt; and Your purchase receipt must clearly identify where the Qualifying Purchase was made, the product purchased (which must be/comprise a Qualifying Purchase) and the date of purchase (which must be during the Promotion Period before you submitted your entry). The Promoter is not responsible if your mobile device/desktop is not sufficiently capable for the purpose of submitting an entry, including having the requisite photograph capability. |
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How many winners will there be and how will they be chosen? |
There will be 601 winners determined in respect of this promotion – 600 minor prize winners (120 minor prizes each month of the Promotion Period) and 1 major prize winner.There will be 6 draws conducted in total – 5 monthly draws and 1 major draw.All draws will be conducted at Handling Matters, Unit 40, 1-5 Thew Parade Cromer NSW 2099 (Handling Matters).Monthly drawsEach monthly draw will be held at 12pm (AEST/AEDT, as applicable) at Handling Matters, as set out below:
The first 120 valid entries drawn randomly in each monthly draw from the entries received during the relevant Entry Period (as set out above) will each win a minor prize.Entries received in respect of each monthly draw will not roll over to subsequent monthly draws, but will be entered into the major draw.If, on the date of a monthly draw, not enough entries have been received to award all 120 minor prizes, the unawarded minor prize/s will carry over to the unclaimed prize draw (see "Unclaimed prize/s" section below).Major drawThe major draw will be held at 12.30pm (AEDT) on 03/10/2023 at Handling Matters.The first valid entry drawn randomly from the entries received during the Promotion Period (including any minor prize winning entries) will win the major prize.The Promoter may draw additional reserve entries in a draw and record them in order, in case a winning entry/entrant is deemed invalid or a prize is unclaimed (Reserve Entrants). |
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What can I win? |
There are 601 prizes available in total – 600 minor prizes (120 minor prizes to be awarded for each month of the Promotion Period) and 1 major prize. Minor prize Major prize |
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Travel prize |
If you win the major prize, your prize will be a trip for you and 1 adult companion to the U.S.A. in 2024 which includes the following for you and your adult companion: (a) return economy airfares (including airfare taxes) from your nearest Australian capital city to the U.S.A (exact city to be confirmed by the Promoter) and return transfers between arrival airport and the accommodation; The Travel prize is subject to any applicable law or guidelines including in relation to a pandemic, any travel/government restrictions/directives, border closures, health advice and the like. By accepting or participating in any prize, your companion accept these Terms and Conditions.You and your adult companion must purchase travel insurance at your own expense and must provide evidence to the Promoter of your insurance policies.In the event that the Promoter and NBA are no longer partners in 2023/2024 season, the major prize winner will be offered an alternative prize or trip to an alternative international sporting event (as determined by the Promoter) of equivalent value. |
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Total prize pool |
The minor prize pool is $45,000.The major prize pool is up to $23,500.The overall total prize pool is up to $68,500. |
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How many times can I enter? |
You can only enter once for the entire Promotion Period. Your entry must be submitted separately in accordance with these Terms and Conditions. |
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How and when will the winner/s be informed? |
Minor prize winners will be notified in writing (by email) within 5 business days of determination.The major prize winner will be notified by phone and in writing (by email) within 5 business days of determination and will have their name and postcode published on the Website on 10/10/2023 for a period of 28 days. |
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Proof of purchase |
You must keep your original itemised purchase receipt(s) as proof of purchase for your entry.If you don't produce the above proof of purchase when asked the Promoter may disqualify your entry and you will lose any right to a prize. Proof of purchase must be identical to that provided by you with your entry. If, in the Promoter's opinion, you have shared any proof of purchase with another person, your entries will be invalid and you will lose any right to a prize. |
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Unclaimed prizes |
Prize claim date: 5pm (AEDT) on 09/11/2023.Unclaimed prize determination: 12pm (AEDT) on 10/11/2023 at the same location as the original draws.If the major prize has not been accepted or claimed by the prize claim date above or if, after making all reasonable attempts, the Promoter can't contact the major prize winner (or the major prize winner does not contact the Promoter) by the prize claim date above, the relevant entry/ies will be discarded and the Promoter will re-award the major prize to a Reserve Entrant and/or carry out an unclaimed prize draw at the date, time and place stated above to randomly distribute the major prize.If there are any un-won or unclaimed minor prizes remaining at the end of the Promotion Period, the Promoter may carry out a draw at date, time and place stated above to randomly distribute such prizes, provided that there are a sufficient number of entries (compared to the number of un-won prizes).Any winners in these draws will be informed by phone and in writing (by email) within 5 business days of determination. Any such major prize winner will also have their name and postcode published on the Website on 17/11/2023 for a period of 28 days.If a prize winner cannot be found, that information will be published on the Website on 11/12/2023. |
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Collection and use of your personal information |
If you are a winner, you and (if applicable) your companion must take part in all publicity, photography and other promotional activity as the Promoter requires, without any compensation. You/your companion consent to the Promoter using your names and images in any promotional or advertising activity.The Promoter collects your personal information (“PI”) directly or through its agents, contractors or service providers and will use your PI to conduct and manage the promotion. The Promoter may, for this purpose, disclose your PI to its related companies, agents, contractors or service providers (e.g. Third-Party delivery vendor for prize fulfilment) to assist in conducting this promotion, communicating with you, fulfilling prizes or storing data. The Promoter will handle and use the PI as set out in its Privacy Policy, which can be viewed at spiritofthenba.hennessy.com/pages/privacy-policy. A prize is conditional on providing this PI. By entering, you accept the terms and conditions of the Promoter’s Privacy Policy. All entries become the property of the Promoter. The Promoter, its related companies, agents, contractors and/or service providers may use each entrant's PI for the purposes specified at the time of collection. In addition to use of the PI as aforesaid, if you have marked the “opt-in” box on the entry form, you consent to the Promoter keeping your PI on its database to use for future marketing purposes, including contacting you by electronic messaging.The Promoter’s Privacy Policy (see spiritofthenba.hennessy.com/pages/privacy-policy) also includes information about: (a) how to seek access to the PI the Promoter holds about you and seek correction or update of your PI; |
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Responsible drinking |
Enjoy alcohol responsibly. Consider the safe drinking levels recommended in the National Health and Medical Research Council Australian Guidelines to Reduce Health Risks from Drinking Alcohol – see: www.nhmrc.gov.au/about-us/publications/australian-guidelines-reduce-health-risks-drinking-alcohol.See also the NSW Liquor Competition Guidelines and Intoxication Guidelines at www.liquorandgaming.nsw.gov.au/documents/gl/gl4001-liquor-promotion-guidelines.pdf. |
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Permit numbers |
Authorised under:NSW Authority No. TP/02257 |
1. These Terms and Conditions incorporate and must be read together with the details outlined in the table above. Information about prizes and how to enter forms part of these Terms and Conditions. By entering, you accept these Terms and Conditions.
Entry
2. Your entry must be received during the Promotion Period and will be deemed to be received only when received by the Promoter. If you return a Qualifying Purchase your entry may be deemed invalid at the Promoter's discretion (unless the product is defective). The Promoter is not liable for any problems with communications networks. You are responsible for your own costs associated with entering. If you enter using automatically generated entries or multiple phone numbers/email addresses/addresses/aliases, you may be disqualified.
Prizes
3. Prizes and all elements of prizes must be taken as specified, as and when offered and cannot be altered or changed in any way by you or will be forfeited, and if forfeited, the Promoter and NBA entities will not be liable. If you forfeit the prize or any element of the prize for whatever reason, you will not be given cash or any alternative prize as a substitute. Prize/s are subject to any additional terms and conditions imposed by the relevant supplier, NBA Entities and/or the Promoter, including, as relevant:
(a) validity period/s;
(b) booking and availability of flights, accommodation and events;
(c) conditions of travel and conditions of entry into any event venues (including behaviour requirements, COVID safety requirements and applicable dress codes);
(d) conditions of ticket validity and any restrictions on ticket on-sale or transfer;
(e) travel dates and specified travel exclusion periods;
(f) any additional fees (payable by you) relating to changes made by you/your companion to a travel/event prize after it has been booked
(g) the requirement to obtain all necessary documents to travel to any overseas location specified, including a current and valid passport and any visas required; and
(h) a requirement to present your credit card when checking in to accommodation.
4. You/your companion are responsible for all other unspecified costs related to the prize, including meals, transport, insurance (including excesses), in-room charges, additional taxes, mobile or data plans, installation costs, costs associated with ongoing use of the prize, etc. Event tickets can only be used once and will be deemed invalid if copied. The Promoter does not control entry to the relevant event location. The winner must keep their tickets safe and the Promoter will not replace lost or stolen tickets.
5. The Promoter and NBA Entities are not responsible for any dispute between you and any person with whom you choose to, or choose not to, share a prize.
6. The Promoter accepts no responsibility if one or more of the events or activities awarded as part of the major prize are abandoned, called off or postponed for any reason. In that case you/your companion forfeit your entitlement to that event/activity. Unless otherwise specified by the Promoter, you will not be given cash or any alternative prize as a substitute for this altered prize element.
General
7. Entrants in this promotion agree to be bound by these Terms and Conditions and agree that the NBA Entities and their designees and assigns may use the entrant’s name, voice, city/state of residence, photos, video or film clips, and/or other visual likeness for advertising and/or trade purposes and/or for any other purpose in any media or format now or hereafter known without further compensation (financial or otherwise), permission or notification.
8. Any failure by you or (if applicable) your companion to comply with the conditions imposed by the prize supplier(s) may result in the prize being cancelled or withdrawn without liability for the Promoter or the prize supplier(s).
9. For event-based/travel prizes, you and your companion accept that some aspects of the prize may be inherently risky and that the prize may involve dangerous activities.
10. You/your companion must, if required by the Promoter, sign disclaimer and release forms provided by the Promoter in favour of the Promoter and other parties before taking the prize. If you or any companion do not sign, your entry will be deemed invalid and you will lose any entitlement to a prize.
11. If you or your entry are deemed by the Promoter to breach these Terms and Conditions including if the prize is on set dates and you are unable to take the prize on the relevant date/s, your entry (or at the Promoter's discretion, all of your entries) may be discarded. The Promoter may, at any time, require you to produce documentation to establish to the Promoter's satisfaction the validity of your entries and/or verifying your identity (including documentation establishing your identity, age, place of residence and place of employment). Failure by the Promoter to enforce any of its rights at any stage does not waive those rights.
12. You must not:
(a) tamper with the entry process (including but not limited to manipulating the system via bots, script use, or any other means to circumvent the entry process);
(b) engage in any conduct that may jeopardise the fair and proper conduct of the promotion;
(c) act in a disruptive, annoying, threatening, abusive or harassing manner;
(d) do anything that may diminish the good name or reputation of the Promoter or any of its related entities or of the agencies or companies associated with this promotion;
(e) breach any law; or
(f) behave in a way that is otherwise inappropriate.
13. If a companion can take the prize with you, you are responsible for your companion and the Promoter may disqualify all entries from, and prohibit further participation in this promotion by, you or any or all of your companion if they breach these conditions, whether or not legally bound by them.
14. If you (or your companion, if applicable), in the opinion of the Promoter (and/or a medical professional, as relevant to the circumstances), are intoxicated, under the influence of alcohol or any other drug, behave aggressively or offensively, or behave in a manner which may diminish the good name or reputation of the Promoter or any of its related entities or the agencies or companies associated with this promotion, is contrary to law or is otherwise inappropriate, the Promoter may cancel the prize or restrict you (and your companion) from participating in any elements of the prize, at its discretion.
15. The Promoter is not liable for entries, prize claims or correspondence that are misplaced, misdirected, delayed, lost, incomplete, illegible or incorrectly submitted including failure of any third parties to forward entry forms for inclusion in the draw, where relevant.
16. If any dispute arises between you and the Promoter concerning the conduct of this promotion or claiming a prize, the Promoter will take reasonable steps to consider your point of view, taking into account any facts or evidence you put forward, and to respond to it fairly within a reasonable time. In all other respects, the Promoter’s decision in connection with all aspects of this promotion is final.
17. Prizes cannot be transferred or exchanged nor (except where cash is specified) redeemed for cash. Without limiting any other term of these Terms and Conditions, all prizes (and elements of prizes) must be taken as and when specified, or will be forfeited with no replacement. The prize values are correct as at the date of preparing these Terms and Conditions and include any applicable GST. The Promoter and NBA Entities are not responsible for any change in prize value. You agree that if a prize (or element of a prize) is unavailable for any reason the Promoter may provide another item of equal or higher value, subject to any necessary approval by the state/territory gaming authorities.
18. If publication will take place, by entering, you request that your full address not be published.
19. If this promotion cannot run as planned for any reason beyond the Promoter's control (for example due to software, hardware or communications issues, unauthorised intervention, tampering, fraud or technical failure, government directives, a pandemic, public health orders and the like), the Promoter may end, change, suspend or cancel the promotion or disqualify affected entries/entrants, subject to any necessary approval by the state/territory gaming authorities.
20. The Promoter and any NBA Entities are not responsible for any tax implications arising from you winning a prize. You should seek independent financial advice. If for GST purposes this promotion results in any supply being made for non-monetary consideration, you must follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
Liability
21. Nothing in these Terms and Conditions restricts, excludes or modifies any consumer rights under any statute including the Competition and Consumer Act 2010 (Cth).
22. Subject to the previous paragraph, the Promoter, NBA Entities and the agencies and companies associated with this promotion are not liable (including in negligence) for any loss (including indirect, special or consequential loss or loss of profits), expense, damage, personal injury (including allergies, skin conditions or other reactions, as relevant), illness or death suffered in connection with this promotion or any prize, except for any liability which under statute cannot be excluded (in which case that liability is limited to the greatest extent allowed by law).
23. Without limiting the previous paragraph, the Promoter, NBA Entities and the agencies and companies associated with this promotion are not liable for any loss of, damage to or delay in delivery of prize/s, or for any damage that occurs to displayed prize/s (where relevant). Unless otherwise specified, prize/s will only be delivered to addresses in Australia.
24. 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.
25. This promotion is in no way sponsored, endorsed or administered by, or associated with any social media platform, including Facebook, Instagram and Twitter. You provide your information to the Promoter and not to any social media platform. You completely release any relevant social media platforms from any and all liability.