TERMS & CONDITIONS

"MCGUIGAN EASTER" PROMOTION

  1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  2. The Promoter is Australian Vintage Ltd (ABN 78 052 179 932) of 2 Queens Place, Balmain NSW 2041, telephone 02 8345 6377. 
  3. Entry is only open to Australian residents aged 18 years or over.
  4. Employees (and their immediate families) of the Promoter, Participating Stores (as defined below) and agencies associated with this promotion are ineligible to enter. 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 cousin. 
  5. Promotion commences on 19/02/2018 and ends at 11:59pm AEST on 30/04/2018 ("Promotional Period").
  6. To enter, individuals must complete the following steps during the Promotional Period:
    1. Purchase any bottle of McGuigan wine product ("Qualifying Transaction") from a Participating Store in Australia. A Participating Store is any independent liquor store that displays advertising material for this promotion (each a "Participating Store"). Individuals must ensure they obtain a purchase receipt for their Qualifying Transaction; and then
    2. Visit www.mcguiganwines.com.au/mcguiganreunion, follow the prompts to the promotion entry page, input the requested details (including their full name, email address, mobile number and postcode), upload a copy of their purchase receipt and submit the fully completed online entry form.
  7. 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 individual 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.
  8. Incomplete or indecipherable entries will be deemed invalid.
  9. Multiple entries permitted, subject to the following: (a) only one (1) entry form submission permitted per McGuigan wine product purchased (i.e. per bottle); and (b) each entry form must be submitted separately and in accordance with entry requirements. Individuals who submit one (1) entry form will receive one (1) entry into the draw. Individuals who submit two (2) or more entry forms will receive five (5) entries into the draw for each additional entry form submitted after the first. For example, if an individual is to purchase three (3) bottles of McGuigan wine from a Participating Store during the Promotional Period, they will be eligible to receive eleven (11) entries into the draw, subject to submitting three (3) entry forms (one (1) for each product purchased).
  10. Entrants must retain either their original OR a copy of their purchase receipt(s) for all entries as proof of purchase. Failure to produce the proof of purchase for all entries when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an entrant's entries and forfeiture of any right to a prize. Purchase receipt(s) must clearly specify the store of purchase, that a McGuigan wine product was purchased and that the purchase was made during the Promotional Period but prior to entry.
  11. 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.
  12. The draw will take place at Anisimoff Legal, Suite 5, Erina Plaza, 210 Central Coast Highway, Erina NSW 2250 on 07/05/2018 at 10am AEST. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The winner will be notified in writing within two (2) business days of the draw and their name will be published online at www.mcguiganwines.com.au/mcguiganreunion from 14/05/2018.
  13. The Promoter's decision is final and no correspondence will be entered into.
  14. The first valid entrant drawn will win 'a McGuigan reunion and dining experience' with loved ones valued at up to AU$10,000 (including GST). The prize will be awarded as a credit redeemable through MKTG on behalf of the Promoter. A representative of MKTG will liaise with the winner to create a dining experience in Australia for the winner with their loved ones (the "Nominated Recipient(s)") valued at up to AU$10,000 (including GST). The prize must include at minimum one (1) return economy flight, which can be an international flight or a domestic flight, with the destination being within Australia, (i.e. the Nominated Recipient(s) travelling) and a dining experience (e.g. table at a restaurant, picnic etc.) with the remaining balance to be used towards other elements of the prize/experience (e.g. accommodation). The winner will have the opportunity to let MKTG know of their preferred dining and reunion activity, who their Nominated Recipient(s) are, the location in Australia of their dining experience and itinerary preferences - MKTG will use its best endeavours to book the winner's preferences, subject to availability and budget, feasibility, the requests falling into the "McGuigan dining and reunion' category and any other matters MKTG and/or the Promoter consider appropriate, acting reasonably. The Promoter's and the MKTG's decision with respect to all elements of organising and booking the prize is final and no correspondence will be entered into. The prize can only be used towards one (1) experience and cannot be used to book multiple experiences. For the removal of doubt, any unused balance of the AU$10,000 credit will be forfeited and will not be redeemable for cash. The value of the prize is up to AU$10,000, inclusive of any taxes payable on goods and services purchased (such as GST). The prize is subject to the standard terms and conditions of individual prize and service providers. The Nominated Recipient(s) are responsible for ensuring that they have valid passports (if international travel is required), and any requisite visas, vaccinations, insurance and travel documentation (as applicable) as these elements will not be redeemable through the $10,000 credit. No portion of the $10,000 credit can be taken as cash or its equivalent and can only be used toward standard goods and services approved by the Promoter. Prize must be booked by 07/12/2018 and completed by 07/05/2019, subject to booking and flight availability. Prize must be booked a minimum of six (6) weeks prior to intended experience/travel date.
  15. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify the prize, subject to any written directions from a relevant regulatory authority.
  16. Subject to the unclaimed prize draw clause, if for any reason the winner does not take / redeem the prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
  17. Total prize pool value is up to $10,000.
  18. Prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash.
  19. A draw for the prize, if unclaimed, may take place on 07/08/2018 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner, if any, will be notified in writing within two (2) business days of the draw and their name will be published online at www.mcguiganwines.com.au/mcguiganreunion from 14/08/2018.
  20. Entrants consent to the Promoter 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.
  21. 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.
  22. Any cost associated with accessing the promotional website 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.
  23. 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 Competition and Consumer Act (Cth), as well as any other implied warranties under the ASIC Act (Cth) or similar consumer protection laws in the States and Territories of Australia ("Non-Excludable Guarantees"). 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 (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 promotion.
  24. 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 of the prize.
  25. As a condition of accepting the prize, the winner (and his/her companion/s) must 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.
  26. The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.mcguiganwines.com.au/wp-content/uploads/2017/07/AVL-Privacy-Policy. In addition to any use that may be outlined in the Promoter's Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter may disclose entrant's PI to entities outside of Australia, for example if the prize includes international travel.

NSW Permit No. LTPS/18/21562 ACT Permit No. TP18/00179 SA Permit No. T18/139