IBA BUNDY CRICKET EXCLUSIVE 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. All values stated in these Terms and Conditions are inclusive of GST where applicable, and expressed in AUD, unless specified otherwise.
2. Entry is only open to Australian residents aged 18 years or over.
3. Employees (and their immediate families) of the Promoter, Participating Retailers (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.
4. Entries into the promotion open on 16/10/2023 and close at 11:59pm AEDST on 07/11/2023 (“Promotional Period”).
5. A “Participating Retailer” is any Cellarbrations, Bottle-O or IGA Liquor retailer nationally that stocks Bundaberg products and advertises material relating to this promotion during the Promotional Period.
6. To be eligible to enter, individuals must spend $40 or more, in a single transaction, on any Bundaberg product/s at any Participating Retailer during the Promotional Period (“Qualifying Transaction”). If a purchase receipt is not automatically handed to the individual, it is their responsibility to request one from a member of staff.
7. To enter, individuals must then scan the QR code available in store, follow the prompts to the promotion entry page, input the requested details, upload their purchase receipt and submit the fully completed entry form during the Promotional Period.
8. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per Qualifying Transaction regardless of the amount spent in excess of $40 in that Qualifying Transaction; (b) each entry must be submitted separately and in accordance with entry requirements; and (c) only one (1) entry permitted per person per day.
9. Entrants must retain 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 and that the purchase was made during the promotional period but prior to entry.
10. 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
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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.
11. Incomplete or indecipherable entries will be deemed invalid.
12. 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.
13. The draw will take place at Anisimoff Legal, 3 Amy Close, Wyong NSW 2259 on 14/11/2023 at 1:00pm AEDST, in the presence of an independent scrutineer. 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 by email and phone within two (2) business days of the draw. The winner will be published online at www.diageopromotions.com on 16/11/2023.
14. The Promoter’s decision is final and no correspondence will be entered into.
15. The first valid entry drawn will win a trip for ten (10) adults to Melbourne, VIC valued at up to $26,000 depending on date and point of departure. Prize includes:
- • 10 x return economy airfares from winner's nearest capital city to Melbourne, VIC if required;
- • 1 x night, 5 x twin share accommodation at voco, Melbourne (or similar) with breakfast included;
- • All airline and airport taxes;
- • Private return transfers from airport to accommodation;
- • 10 x 1 day Corporate Box tickets to the Boxing Day Cricket Test Match at the Melbourne Cricket Ground on 27/12/2023. The Corporate Box tickets includes: o Premium level 3 viewing;
- o Private bathroom facilities;
- o Official cricket programs for the group;
- o 2 x VIP underground car parks; and
- o Private stewards serving a grazing style menu including locally sourced, seasonal dishes accompanied with premium beverages; and
- • Private return transfers from accommodation to the Melbourne Cricket Ground
Spending money, meals, insurance, transport to and from departure point, transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. Prize must be taken to coincide with the Boxing Day Cricket Test Match event with flights departing on 27/12/2023 and is subject to booking and flight availability. The winner and his/her/their companion/s must depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter in its absolute discretion. 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.
16. If the winner resides within a 100km radius of Melbourne, VIC, the airfare component of the prize will be forfeited and not redeemable for cash.
17. Cricket Australia reserves the right in its absolute discretion to change or amend the Boxing Day Cricket Test Match fixture without notice. Neither the Promoter nor Cricket Australia accept responsibility for the cancellation or delay of any cricket match connected with this Promotion for any reason beyond the control of the Promoter or Cricket Australia.
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18. By entering this promotion entrants agree to comply, and ensure that each subsequent ticket holder complies, with the ticket conditions which accompany any tickets won in conjunction with the promotion. Entrants also agree to comply, and ensure that each subsequent ticket holder complies, with Cricket Australia’s 2023/24 Ticket and Entry Conditions (available at ww.cricket.com.au/tickets) supplemented by conditions of entry imposed by the venue operator. The Promoter will provide every person attending the match as part of the promotion with a copy of Cricket Australia’s 2023/24 Ticket and Entry Conditions with delivery of the prize tickets.
19. In the event of war, terrorism, state of emergency, pandemic or any other kind of disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend, substitute or modify a prize, subject to any written directions from a relevant regulatory authority.
20. The Promoter encourages consumers to enjoy 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.
21. 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) at/by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
22. 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.
23. The Boxing Day Cricket Test Match ticket prizes are subject to the event venue and ticket terms and conditions, including any applicable age restriction. The Promoter and event organisers hereby expressly reserve the right to eject the winner (and/or his/her companion/s) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.
24. Total prize pool value is up to $26,000.
25. Prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
26. A draw for the prize, if unclaimed, may take place on 07/12/2023 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 by email and phone within two (2) business days of the draw and their name will be published at www.diageopromotions.com on 08/12/2023.
27. Entrants consent to the Promoter and Cricket Australia 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 or Cricket Australia.
28. 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
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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.
29. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
30. 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 (including its respective officers, employees and agents) and Cricket Australia 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.
31. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) and Cricket Australia 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) if Cricket Boxing Day Test event is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) use / taking of the prize.
32. As a condition of accepting the prize, the winner (and his/her/their 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.
33. 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.diageopromotions.com.au/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. Unless otherwise indicated by the Promoter, the Promoter may disclose PI to entities outside of Australia (for a list of the countries, see the Promoter’s Privacy Policy), and cannot guarantee that any overseas recipient will not breach the Australian Privacy Principles. By entering the promotion entrants consent to the overseas transfer on these terms as
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permitted by the Australian Privacy Principles and agree that the Promoter is not liable in this regard.
34. If entrants select the option to receive information and offers from Australian Cricket, they understand and agree that Cricket Australia also collects their personal information, including on behalf of State or Territory cricket associations, including the Big Bash League teams (together, "Australian Cricket") to communicate with them, and for any of the purposes set out in Australian Cricket's Privacy Policy (available at www.cricket.com.au/privacy or by emailing [email protected]), and that the personal information entrants provide will be disclosed to and used by Australian Cricket under the terms of Australian Cricket's Privacy Policy, which contains information about how they may access and seek to correct their personal information or complain about a breach of their privacy, and how Australian Cricket will deal with that complaint. Australian Cricket may disclose entrants’ personal information to other parties, including Australian Cricket's third party service providers. From time to time, these third parties may be located (and so personal information may be disclosed) overseas, including in India, the USA and the UK, and other countries from time to time. Australian Cricket may use and disclose personal information for direct marketing purposes, unless entrants opt out (which they can do at any time in accordance with Australian Cricket's Privacy Policy), and for facilitating further offers directly from third parties if entrants opt in to receive those offers. Entrants can request to access, update or correct any personal information Australian Cricket holds about them by writing to Cricket Australia's Privacy Officer at 60 Jolimont Street, Jolimont, VIC, 3002 or sending an email to [email protected].
35. The Promoter is Diageo Australia (ABN 33 004 167 720) of 99 Macquarie Street, Sydney, NSW 2000, telephone (02) 9126 7000.
Cricket Australia approval code 2206
NSW Authority No. TP/ 00104
ACT Permit No. TP23/ 01682
SA Permit No. T23/ 1312