TERMS AND CONDITIONS 

Promoter

Moet Hennessy Australia Pty Limited (ABN 26 104 454 604), Level 30, One International Towers Sydney, 100 Barangaroo Avenue, Barangaroo NSW 2000.

Gift fulfilment will be conducted by a third-party vendor on behalf of the Promoter (successful claimants will be provided with delivery instructions and details). 

Promotion Period

12.01am (AEST) on 01/05/2022 to 11.59pm (AEST) on 30/06/2022 or until Gifts run out, whichever is first.

Who can participate?

Only Australian residents who are aged 18 or over.

Who can't participate?

(a) Directors, officers, management and employees (and their immediate families) of:
(i) the Promoter; and
(ii) the agencies, companies or participating Stores associated with this promotion

are not eligible to participate in this Promotion.

(b) 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 participate in this Promotion.

Where will the Promotion run?

The Promotion will run in the participating liquor licenced outlets (including online) which stock Qualifying Purchase products (Store(s)) in Australia (excluding Tasmania and the Northern Territory).

Website

spiritofthenba.hennessy.com

Qualifying Purchase

A 700ml bottle of Hennessy VS Cognac.

Claim instructions

You must, during the Promotion Period be one of the first 500 claimants to:

(a) make a Qualifying Purchase from a Store and collect your itemised purchase receipt; and

(b) locate and scan the QR code on the advertising material in store or visit the Website, locate the claim page and fill out and submit the online claim form, including by uploading an image of the Qualifying Purchase receipt and providing all other requested information.

Your purchase receipt must clearly identify where the Qualifying Purchase was made, the product/s purchased (which must be/comprise a Qualifying Purchase) and the date of purchase (which must be during the Promotion Period before you submitted your claim). 

The Promoter is not responsible if your mobile device/desktop is not sufficiently capable for the purpose of submitting a claim, including having the requisite photograph capability.

Gifts

There are 500 gifts available.

Each gift is a Hennessy NBA Basketball, valued at $100.

Total gift pool

The total gift pool is $50,000.

How many times can I claim?

You can only claim once.

How and when will successful claimants be informed?

Successful claimants will be notified by email within 7 days of submitting their claim.

The Promoter will make reasonable efforts to have the Gift(s) delivered to the address(es) provided by the successful claimants. Claimants are responsible for ensuring their information (including but not limited to contact email address and delivery address) are provided to the Promoter and any updated details are notified to the Promoter. The Promoter and its associated agencies and companies or Third-Party delivery vendor associated with this Promotion accepts no responsibility should a claimant fails to receive the Gift because of a failure to notify the Promoter of correct details or of a change to claimants’ details, or for providing invalid claimants’ details.

Proof of purchase

You must keep the following as proof of purchase for your claim:

· original itemised purchase receipt.

If you don't produce the above proof of purchase for your claim when asked the Promoter may disqualify your claim and you will lose any right to a Gift. 

Proof of purchase must be identical to that provided by you with your claim

If, in the Promoter's opinion, you have shared any proof of purchase with another person, your claim will be deemed invalid and you will lose any right to a Gift.


Collection and use of your personal information

If you are a successful claimant, you must take part in all publicity, photography and other promotional activity as the Promoter requires, without any compensation.  You consent to the Promoter using your name and image in any promotional or advertising activity in connection with this Promotion.

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 Gift fulfilment) to assist in conducting this promotion, communicating with you, fulfilling Gift redemption or storing data. The Promoter will handle and use the PI as set out in its Privacy Policy, which can be viewed here. The claim is conditional on providing this PI. By claiming, you accept the terms and conditions of the Promoter’s Privacy Policy. All claims become the property of the Promoter. The Promoter, its related companies, agents, contractors and/or service providers may use each participant’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 here) 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; and

(a) how to complain about a privacy breach and how the Promoter will deal with such a complaint.

Responsible drinking

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 – 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

Permit numbers

Authorised under:

NSW Authority No. TP/00947

 

  1. These Terms and Conditions incorporate and must be read together with the details outlined in the table above. Information about Gifts and how to claim forms part of these Terms and Conditions. By claiming, you accept these Terms and Conditions.

Claim

  1. Your claim for a Gift 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 claim 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 claiming. If you claim using automatically generated claims or multiple phone numbers/email addresses/addresses/aliases, you may be disqualified.

Gifts

  1. Gifts must be taken as and when offered or will be forfeited, and if forfeited, the Promoter and NBA Entities will not be liable. Gifts are subject to any additional terms and conditions imposed by the relevant supplier, NBA Entities and/or the Promoter.
  2. 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 Gift.
General
  1. Participants 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 participant’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.
  2. If you or your claim are deemed by the Promoter to breach these Terms and Conditions, your claim (or at the Promoter's discretion, all of your claims) 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 claim (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.
  3. You must not:
    (a) tamper with the claim 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.
  4. The Promoter is not liable for claims or correspondence that are misplaced, misdirected, delayed, lost, incomplete, illegible or incorrectly submitted.
  5. If any dispute arises between you and the Promoter concerning the conduct of this promotion or claiming a Gift, 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.
  6. Gifts cannot be transferred or exchanged nor redeemed for cash. Without limiting any other term of these Terms and Conditions, all Gifts must be taken as and when specified, or will be forfeited with no replacement. The Gift 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 Gift value. You agree that if a Gift 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.
  7. 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, pandemic, public health orders and the like, the Promoter may end, change, suspend or cancel the promotion or disqualify affected claims/claimants, subject to any necessary approval by the state/territory gaming authorities.
  8. The Promoter and any NBA Entities are not responsible for any tax implications arising from you receiving a Gift. 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

  1. 13 This Promotion and these Terms and Conditions are governed by Australian law.
  2. Nothing in these Terms and Conditions restricts, excludes or modifies any statutory consumer rights under any applicable statute including the Competition and Consumer Act 2010 (Cth).
  3. 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 Gift, except for any liability which under statute cannot be excluded (in which case that liability is limited to the greatest extent allowed by law).
  4. 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 Gift/s, or for any damage that occurs to displayed Gift/s (where relevant). Unless otherwise specified, Gift/s will only be delivered to addresses in Australia.
  5. 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 a Gift and/or participation in this Promotion.
  6. 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.