2018 Scarborough Wine Co Photo Competition
Information on how to enter and prize form part of these Terms and Conditions of Entry. Participation in this Competition is deemed acceptance of these Terms and Conditions of Entry. The promoter is Scarborough Wine Co P/L (the "Promoter") (ABN 80 001 889), 179 Gillards Rd, Pokolbin, NSW, 2320
1. The Competition commences 12:01am Australian Eastern Standard Time (AESDT) on Sunday 22 July 2018 and closes at 11:59pm AESDT on Thursday 31 January 2019 ("Competition Period").
2. Entry is only open to Australian residents aged 18 years and over except residents of the Northern Territory. Employees, and their immediate families, of the Promoter and its agencies associated with this Competition are ineligible to enter.
HOW TO ENTER
3. Entrants are required to post a photo featuring a bottle of Scarborough wine or taken at the Scarborough Wine Gillards Rd Cellar Door or Scarborough on Hermitage Cellar Door using their Instagram or Facebook accounts as follows (each an “Entry”):
(a) Via Instagram: by following @scarboroughwines and using the hashtag #scarboroughwine; or
(b) Via Facebook: by uploading directly onto Scarborough Wine Co Facebook page https://www.facebook.com/Scarboroughwine/
Once you have been deemed a winner of the monthly prize you will automatically be entered into the Major Prize draw.
4. Your Entry must be received during the Competition Period.
5. 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 or aliases you may be disqualified.
6. Your Entry must be your original work and not copied and must not have been previously published or have previously won a prize or award.
7. The Promoter may copy and amend your Entry and may use (or allow others to use) your Entry and any rights in relation to your Entry, to publicise this Competition or for any other purpose. These rights are perpetual, royalty free, world-wide, irrevocable and transferable. For example, the Promoter may publish all or any part of your Entry or any amended version of it. The Promoter may also decide not to publish an Entry, to cease publication of an Entry, or to publish an edited Entry.
8. You warrant that your Entry does not breach any third party rights (for example, intellectual property rights) and its use by the Promoter or any other person will not breach such rights nor otherwise breach any law (for example, it is not defamatory, in contempt of court or in breach of any privacy law). Your Entry must not be obscene, offensive, malicious, discriminatory, indecent or (in the Promoter's opinion) otherwise objectionable or inappropriate (for example it must not include nudity or language the Promoter deems offensive).
9. Entries which do not meet the Entry Requirements (as determined by the Promoter in its discretion) may be removed or rejected by the Promoter.
10. There is no restriction on the number of Entries that an Entrant may submit for the Competition.
11. The Promoter assumes no responsibility or liability for any loss arising out of or from: (i) technical issues, system or software failures experienced by an Entrant in submitting their submission or accessing the Website; (ii) user errors; (iii) negligent use of the Website; or (iv) late, lost, delayed, damaged, misdirected, incomplete or unintelligible Submissions. Proof of sending will not be accepted as proof of receipt.
SELECTION OF WINNERS
12. Every month from 1st August 2018 until 1st February 2019 (“Judging Period”), all eligible Entries received during the previous month will be judged based on creativity, originality, and integration of Scarborough wine/Cellar Door into the image. One winner will, in the absolute discretion of the judge/s, be deemed the winner of the Prize every month of the Competition.
13. The Major prize winner will be announced on Friday 8th February 2019. One winner will, in the absolute discretion of the judge/s, be deemed the winner of the Major prize.
14. This is a game of skill. Chance plays no part in how the winners will be selected.
15. Decisions of the Promoter and its panel of judges are final and will be binding on each person who enters the Competition and no correspondence will be entered into.
16. There is one major prize that will be announced on Friday 8th February 2019. The Prize comprises of a dozen Scarborough wine up to the value of $400. The wine will be dispatched Free of Freight to the winner on Monday 11th February 2019.
17. There are 7 monthly prizes to be won. Each Prize is comprised of 1 x 1.5l bottle of Scarborough 2015 Yellow Label Chardonnay worth $70. The total prize pool is valued at $490.
18. The winners of the monthly prize will be notified by private message/message on Facebook or Instagram within two (2) business days of being chosen. The winners’ names will also be published on the Scarborough Wine Co Facebook and Instagram page.
19. The winner of the Grand Prize will be notified by private message/message on Facebook or Instagram on Friday 8th February 2019. The winners’ names will also be published on the Scarborough Wine Co Facebook Page, Instagram and website.
20. In the event that any winner of the minor or major prizes are not contactable by the Promoter for a reasonable amount of time (which in any case shall not be longer than one month), or a winner rejects or returns the Prize for any reason whatsoever, the Promoter shall be entitled at their sole discretion to give the Prize to the next available winner and/or surrender the Prize.
21. If you are a winner, 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/s and image/s in any promotional or advertising activity.
22. If you or your Entry are deemed by the Promoter to breach these Terms and Conditions, 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 (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.
23. You must not:
(a) tamper with the Entry process;
(b) engage in any conduct that may jeopardise the fair and proper conduct of the Competition;
(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 Competition;
(e) breach any law; or
(f) behave in a way that is otherwise inappropriate.
24. The Promoter is not liable for Entries, prize claims or correspondence that are misplaced, misdirected, delayed, lost, incomplete, illegible or incorrectly submitted.
25. The Promoter’s decision in connection with all aspects of this Competition is final.
26. 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 is 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.
27. If this Competition 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, the Promoter may end, change, suspend or cancel the Competition or disqualify affected Entries/entrants.
28. The Promoter is not responsible for any tax implications arising from you winning a prize. You should seek independent financial advice. If for GST purposes this Competition 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.
29. 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 (http://www.nhmrc.gov.au/_files_nhmr...). See also the NSW Liquor Competition Guidelines and Intoxication Guidelines (http://www.olgr.nsw.gov.au/dlg_guid...).
30. Nothing in these Terms and Conditions restricts, excludes or modifies any consumer rights under any statute including the Competition and Consumer Act 2010 (Cth).
31. Subject to the previous paragraph, the Promoter and the agencies and companies associated with this Competition are not liable (including in negligence) for any loss (including indirect, special or consequential loss or loss of profits), expense, damage, personal injury, illness or death suffered in connection with this Competition 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).
32. Without limiting the previous paragraph, the Promoter and the agencies and companies associated with this Competition are not liable for any loss of, damage to or delay in delivery of prizes.
33. The Promoter may communicate or advertise this Competition using Facebook or Instagram. However, the Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. You provide your information to the Promoter and not to Facebook or Instagram. You completely release Facebook and Instagram from any and all liability.
COLLECTION AND USE OF YOUR PERSONAL INFORMATION
(a) how you can seek access to the personal information the Promoter holds about you and seek the correction of such information;
(b) how you can complain about a privacy breach and how the Promoter will deal with such a complaint; and
(c) whether the personal information the Promoter holds about you will be provided to overseas companies, and if so, in which countries those companies are located.