“AHM RDN M&G” PROMOTION
TERMS AND CONDITIONS
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 ASM Liquor Pty Ltd (ABN 53 107 716 601) of Suite 101, 282-290 Oxford Street, Bondi Junction NSW 2022, telephone 02 9692 0008 (“Promoter”).
3. Entry is only open to Australian residents aged 21 years or over, who can take the prize between 01/10/2016 and 15/11/2016 on exact dates determined by the Promoter if selected as a winner. Employees (and their immediate families) of the Promoter, Australian Hospitality Management Pty Ltd (ABN 69 100 577 311) (“AHM”), including participating venues, 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.
4. Promotion commences on 04/08/2016 and ends at 11:59pm AEST on 11/09/2016 (“Promotional Period”).
5. To enter, individuals must complete the following steps during the Promotional Period:
a. purchase a 750ml VDKA 6100 based beverage from either the European Bier Café (Melbourne Vic), Harbour Town Hotel (Docklands Vic), Stag Hotel (Adelaide, SA) or Bended Elbow (Albury, Vic) to receive an official entry form (“Eligible Transaction”); and then
b. fully complete the official entry form, input the requested details (including their first and last name, mobile number, date of birth and email address), and then place the entry form in the entry box provided in the venue where they made their Eligible Transaction.
6. The Promoter and AHM reserve the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserve the right, in their sole discretion, to disqualify any individual who the Promoter and/or AHM have 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 and AHM’s discretion. Failure by the Promoter and/or AHM to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter’s and AHM’s legal rights to recover damages or other compensation from such an offender are reserved.
7. Incomplete or illegible entries will be deemed invalid.
8. Multiple entries permitted, subject to the following: (a) only one entry permitted per Eligible Transaction, regardless of the number of 750ml VDKA 6100 based beverages purchased in excess of one (1) in that Eligible Transaction; (b) a maximum of two (2) entries are permitted per person per day; and (c) each entry must be submitted separately and in accordance with entry requirements.
9. If there is a dispute as to the identity of an entrant, the Promoter and AHM reserve the right, in their sole discretion, to determine the identity of the entrant.
10. The draw will take place at 3pm AEST on 13/09/2016 at AHM Head Office, 24 Collins Street, Melbourne, VIC, 3000. 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 by telephone. The winner’s name will be published in The Australian from 16/09/2016.
11. The Promoter’s and AHM’s decisions are final and no correspondence will be entered into.
12. The first valid entry drawn will win a trip for two (2) adults, aged 21 years or over, to New York, USA valued at up to AU$10,000 depending on date and point of departure. The prize includes:
• Two (2) x return economy airfares from winner’s nearest Australian capital city to New York, USA, via Sydney;
• Three (3) nights twin share minimum 4.5 star accommodation in New York with buffet breakfast included daily (on a set menu);
• Return airport to hotel transfers for two (2) adults;
• Two (2) dinners for two (2) adults (with each dinner at a location to be determined by the Promoter, in a group setting and provided on a set menu);
• Travel insurance, up to the value of $175 per person, for two (2) adults;
• A meet and greet opportunity with Robert De Niro at a cocktail party at the Greenwich Hotel in New York for two (2) adults, in a group setting; and
• One (1) group sightseeing tour for two (2) adults (exact tour will be determined by the Promoter in is absolute discretion).
Prize must be taken between 01/10/2016 and 15/11/2016 and is subject to booking, flight availability and the availability of Robert De Niro. The Promoter in its absolute discretion will determine exact dates of travel and the itinerary. Spending money, additional meals, taxes (excluding airline and airport taxes), additional insurance, passports, visas, vaccinations, transport to and from departure point, transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. The winner (and their companion) must have a valid passport with at least 6 months validity (as at the time of return from the trip) to be eligible to take the prize. The winner and his/her companion must depart from and return to the same departure point and travel together. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. The winner may be required to present their credit card at time of accommodation check in.
13. The winner and his/her companion will each be required to fully complete a travel insurance application form provided by the Promoter, and may also be required to undergo medical tests as required by the Promoter’s nominated travel insurer, in order to redeem the travel insurance element of the prize. Any person found guilty of insurance fraud or failure to honestly and accurately disclose all relevant insurance information at the time of applying for a travel insurance policy or when making a claim forfeits any rights or entitlements to the travel insurance element of the prize. The travel insurance will be provided by the Promoter’s nominated travel insurer, and will be subject to approval of the travel insurance. In the event that the Promoter’s nominated travel insurer refuses to issue insurance to the winner and/or their companion, the winner forfeits that travel insurance element of the prize. Travel insurance is subject to the terms and conditions issued by the Promoter’s nominated travel insurer, including but not limited to any limitations on the covered amount.
14. The “Meet & Greet” element awarded as part of the prize provides the winner (and their companion) with an opportunity to meet Robert De Niro. This element of the prize is not guaranteed and is subject to the goodwill of Robert De Niro on the day. The Promoter accepts no responsibility and will not offer any alternative in the event that these elements of the prize cannot be offered for any reason.
15. As a condition of accepting the prize, the winner (and his/her companion) 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.
16. In the event of war, terrorism, state of emergency or disaster, the Promoter and/or AHM reserve the right to cancel, terminate, modify or suspend the promotion, or suspend or modify a prize, subject to any written directions from a relevant regulatory authority.
17. The Promoter and AHM encourage consumers to enjoy alcohol 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. Entry and continued participation in this promotion is subject to the licensee’s liquor serving policy.
18. If for any reason the winner does not take the prize (or an element of the prize) at the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
19. If the prize (or part of the 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.
20. Total prize pool value is up to AU$10,000. The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash.
21. The winner must claim their prize by 2pm AEST on 19/09/2016. If the prize remains unclaimed as at that time, a re-draw for such a prize may take place on 19/09/2016 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 by telephone. Any winner’s name will be published in The Australian on 22/09/2016.
22. Entrants consent to the Promoter and AHM 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 and AHM.
23. 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 and/or AHM, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter and AHM reserve the right, in their absolute 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.
24. 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, as well as any other implied warranties under the ASIC Act 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 and AHM (including their respective officers, employees and agents) 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 promotion.
25. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and AHM (including their respective officers, employees and agents) are not responsible for and 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: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s or AHM’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 or AHM) due to any reason beyond the reasonable control of the Promoter or AHM; (d) any variation in prize value to that stated in these Terms and Conditions; (e) if the appearance of Robert De Niro is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter or AHM; (f) any tax liability incurred by a winner or entrant; or (g) use/taking of the prize.
SA Permit No. T16/1365