Terms & Conditions

Sydney Gin Secret Santa

PROMOTER

1. The Promoter is Australian Distilling Co. Pty Ltd (ABN 21 621 832 826) of 25 North Terrace, Hackney, South Australia, 5069.

CONDITIONS OF ENTRY

2. Entering this promotion constitutes acceptance of these Terms and Conditions and any other terms and conditions appearing on the Sydney Gin Instagram Account, Facebook Page or Sydney Gin website specific to this promotion.
3. The promotional period will commence at [9:00am] AEST on [27] NOVEMBER 2019 and closes at [5:00pm] AEST on 11 DECEMBER 2019.
4. This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook.

WHO MAY ENTER

5. Entry is open to all Australian residents aged 18 and over.
6. Employees or contractors of the Promoter or its associated companies or agencies, or any suppliers of prizes, or the immediate family of such persons, are not eligible to enter this promotion. “Immediate family” means spouse, parent, child or sibling, whether or not they live in the same household.

HOW TO ENTER

7. Entrants to nominate a person to send a Secret Santa gift to via an entry form on the Promoter’s website (https://sydneygin.com.au/).
8. To enter the competition, entrants must:
8.1 Nominate a person aged 18 years or older who they believe is deserving of a Secret Santa Gift and describe why in 25 words or less.
8.2 Enter the details required in the online entry form (including the name, postal address within Australia, phone and email of each of the entrant and the nominated recipient).
8.3 Comply in all other respects with these Terms and Conditions.
9. All entries must be an independent creation by the entrant and free of any claims that they infringe third party rights.
10. All entries become and remain the property of the Promoter.
11. Multiple entries are allowed as long as a unique entry is placed each time.
12. Entries not completed in accordance with these Terms and Conditions or received after the closing date will not be considered.
13. The Promoter reserves the right, at any time, to verify the validity of entries, entrants and nominated recipients (including the identity, age and place of residence of each entrant and nominated recipient) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. 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.
14. All entrants warrant that:
14.1 all details provided with entries are true and accurate;
14.2 the nominated recipient is over the age of 18 years;
14.3 the nominated recipient consents to the Promoter collecting its personal information for the purposes of this promotion;
14.4 the entrant has all necessary rights and licences to grant the rights set out in these Terms and Conditions;
14.5 the submission is the entrant’s original idea and has not been previously communicated to the public;
14.6 the exercise of the rights granted to the Promoter in these Terms and Conditions will not infringe the rights of any third parties; and
14.7 the entrant will indemnify the Promoter against any loss or damage resulting from any breach of these warranties.

SELECTION OF WINNER

15. There will be fifty (50) winning entries for the promotional period. The prize for each winning entry will be a 200mL bottle of Sydney Gin delivered to the nominated recipient nominated in that entry.
Delivery will be made during December 2019 on days nominated by the Promoter.
16. The nominated recipient may be required to show proof of identity and proof of age in order to receive delivery of the prize.
17. All other costs associated with the prize are the responsibility of the winner.
18. Judging of the winning entries will be conducted at [325 Fullarton Road, Parkside SA 5063], with the winners chosen based on the creativity of their entry.
19. The Promoter will decide the winning entries in its absolute discretion.
20. Entries will be judged by representatives of the Promoter, based on the originality and creativity of the entry. There is no chance component to determining the winner. This promotion is a game of skill.
21. The result of the competition, including the determination of the winner, is final, and the Promoter will not enter into any correspondence regarding the result.

PRIZES

22. The prize pool value is GST inclusive and in Australian dollars and represents the estimated retail value as provided by the supplier as at time of printing. The Promoter accepts no responsibility for any variation in prize pool value.
23. The total prize pool value is estimated at $1,400.
24. The prizes must be taken by the nominated recipients as delivered and are not exchangeable, transferable, or redeemable for cash or for resale. In the event that the prizes are unavailable, the Promoter reserves the right to substitute a prize of equal or greater value.

NOTIFICATION OF WINNER

25. The winning entrants will be notified by email on 9 DECEMBER 2019 by 11:59pm hours AEST.
26. The Promoter will make a reasonable effort to deliver the prizes to the nominated recipients nominated in the winning entries. However, if a prize is not deliverable on the days nominated by
the Promoter, the prize will be forfeited and may be used or distributed by the Promoter at the discretion of the Promoter.
27. The winning entrant agrees to the use of their name, image and photograph/s for publicity and promotional purposes, without compensation, and agree that the Promoter will own copyright in any such images and photograph/s and in all material incorporating the photograph/s.

PRIVACY

28. In order for entrants to participate in this promotion, the Promoter may collect the name, age, email, address and telephone number of each entrant (Personal Information). The Personal Information is collected to enable the Promoter to administer the promotion and identify the winner. The Personal Information is subject to the privacy policy on the Promoter’s website.
29. Winning entrants agree that their identities may be disclosed in promotional material. Personal Information will not be used for any other purpose.

LIMITATION OF LIABILITY

30. Except for any liability that cannot by law be excluded, including the non-excludable consumer guarantees under the Competition and Consumer Act 2010 (Cth), 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 theft, unauthorised access or third party interference; (b) 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; (c) any variation in prize value to that stated in these Terms and Conditions; (d) any tax liability incurred by a winner or entrant; or (e) use of/participation in a prize.
31. If for any reason the promotion does not run for its duration due to a computer virus, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the control of the Promoter that corrupts or affects the administration, security, fairness, integrity or proper conduct of the promotion, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the promotion or disqualify any individual who tampers with the entry process. The Promoter is not responsible for any:
31.1 malfunction, delay or traffic congestion on any network or line, computer on-line system,
servers or providers, computer equipment, software, or website;
31.2 failure of any email or entry to be received by the Promoter; or
31.3 injury or damage to entrants or any other person related to or resulting from participation
in the promotion or downloading any materials for the promotion.
32. In the case of the intervention of any outside agent or event which naturally changes the result of the promotion or prevents or hinders its determination, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest or strikes; the Promoter may in its absolute discretion cancel the promotion and recommence it from the start on the same conditions.