“THE BOTTLE-O SCRATCH & WIN” PROMOTION

TERMS AND CONDITIONS

1.     Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

2.     Entry is only open to Australian residents (excluding SA), aged 18 years or over.

3.     Employees (and their immediate families) of the Promoter, participating retailers 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 1^st cousin.

4.     Entries into the promotion open on 22/01/24 and close at 11:59 PM AEDT on 03/03/2024 (“Promotional Period”).

5.     To enter, individuals must undertake the following steps during the Promotional Period:

·       Visit www.thebottle-oscratchandwin.com.au;

·       Follow the prompts to the entry page;

·       Input requested details including first and last name, age, email, phone number;

Play the online ‘scratch & win scratch card’ game, when prompted, for an automatic entry into the Major Draw and a chance to win instantly; and then

·       Input address when prompted.

6.     Once the above steps have been completed, the entrant will receive an online message acknowledging their entry and informing them: (a) that they have been awarded one (1) initial entry into the major draw (“Major Draw”); and (b) if they have won an instant prize and if so, details on how to verify their entry and claim their prize (including providing their address for delivery of their prize). All winners are subject to verification in accordance with these Terms and Conditions. Each entrant will be notified instantly online whether or not they are an instant winner and upon verification, will be sent their prize. All valid entries received from winners and non-winners of an instant prize will be automatically placed in the Major Draw.

7.     Multiple entries permitted, subject to the following: (a): only one (1) entry is permitted per person per day of the Promotional Period; and (b) each entry must be submitted separately and in accordance with entry requirements.

8.     There will be one (1) Major Draw conducted at the end of the Promotional Period, from all valid entries received with four (4) major prizes awarded (each a “Major Prize”). There will be seven thousand, five hundered (7,500) instant prizes available to be won during the Promotional Period (each an “Instant Prize”). 

Major Draw

9.     The Major Draw will take place at Australian Liquor Marketers, 1 Thomas Holt Drive, Macquarie Park NSW 2113 at 11:00am AEDT on 04/03/2024. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The winners will be notified by email within seven (7) days of the Major Draw. 

10.  The first valid entry drawn in the Major Draw will win a trip for two (2) people to the Sail GP in San Francisco, USA sponsored by Skyy Vodka valued at up to $20,252.90. Prize includes:

·       Return economy airfares for two (2) people from winner's nearest capital city to San Francisco, USA departing 12 July 2024 and returning 17 July 2024 (including all airline and airport taxes);

·       Return private transfers from airport to accommodation;

Five (5) nights’ twin share 4-star accommodation in San Francisco, USA;

·       Two (2) Premium On Water tickets to attend the SailGP Season 4 in San Francisco, USA on 13 July 2024 and 14 July 2024, including tech base access (behind-the-scenes acess to the AUS team Sail GP technical area and team base); and

·       Chauffeur transport from accommodation to the SailGP Season 4 event on 13 July 2024 and 14 July 2024;

·       $3,000 spending money.   

11.  The next valid entry drawn in the Major Draw will win a Back to Footy Pack sponsored by Carlton Draught & VB valued at $10,115. Prize includes:

12.   The next valid entry drawn in the Major Draw will win a trip for two (2) people to the Gold Coast 500 in Gold Coast, QLD sponsored by Woodstock from 25 October 2024 to 27 October 2024 valued at up to $8,500. Prize includes:  

13.  The next valid entry drawn in the Major Draw will win one (1) Jim Beam 68L Mini Bar Fridge valued at $699.95.

Instant Prizes

14.  Prizes available to be won during the Promotional Period include:

15.  Prizes will be awarded randomly throughout the Promotional Period. Winners will receive an online message at the time of entry informing them that they are a provisional instant prize winner, and providing details on how to verify their entry and claim their prize.

16.  Gift cards will be usable only in The Bottle-O stores. Gift Cards will be delivered via post. Winners are responsible for ensuring that all prize delivery details provided are correct. The Promoter will not be liable for any costs associated with re-delivery of a prize, should the delivery details provided by a winner be incorrect.  

17.  All claims for instant win prizes must be received by 5:00PM AEDT on 03/04/2024.

General

18.  The winners of the Major Draw and any ACT winners of an Instant Prize will have their names published online at www.thebottle-o.com.au/scratch-and-win-terms on 12/03/2024.  

19.  The Promoter’s decision is final and no correspondence will be entered into.

20.  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.

21.  Incomplete or indecipherable entries will be deemed invalid.

22.  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.

23.  With respect to the Sail GP in San Francisco, USA and the Gold Coast 500 in Gold Coast, QLD travel prizes:

24.  Any ancillary costs associated with redeeming a Gift card are not included. Any unused balance of the Gift card will not be awarded as cash. Redemption of the Gift card is subject to any terms and conditions of the issuer including those specified on the Gift card. 

25.  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.

26.  Subject to the unclaimed prize draw clause, if for any reason a winner does not redeem a 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.

27.  If any prize (or part of any 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.

28.  Total prize pool value is up to $109,567.85. 

29.  Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.

30.  A draw for any Major Prizes that remain unclaimed or any Instant Prizes that are won but remain unclaimed may take place on 04/04/2024 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners, if any, will be notified by email within seven (7) days of the draw and their names will be published online at www.thebottle-o.com.au/scratch-and-win-terms on 08/04/2024.

31.  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.

32.  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.

33.  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.

34.  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.

35.  Quality control errors will not invalidate an otherwise valid prize claim. Unless otherwise due to fraud or ineligibility under these Terms and Conditions, all prize claims in excess of the advertised prize pool will be honoured. Instant win game materials void if stolen, forged, mutilated or tampered with in any way.

36.  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) 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.

37.  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) if either the Sail GP in San Francisco, USA or the Gold Coast 500 in Gold Coast, QLD 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 of a prize.

38.  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 www.thebottle-o.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 permitted by the Australian Privacy Principles and agree that the Promoter is not liable in this regard.

39.  The Promoter is Australian Liquor Marketers (ABN 52 002 885 645) of 1 Thomas Holt Drive, Macquarie Park NSW 2113, telephone (02) 9741 3000.

NSW Authority TP/02697. ACT Permit No. TP23/ 02535.