"AC/DC’s BIGGEST FAN" PROMOTION
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. Entry is open to Australian and New Zealand residents aged 18 years or over who are available to travel to an international destination in 2016 (if drawn as the winner). 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 1st cousin.
3. Promotion commences on 15/12/2015 and ends at 11:59pm AEST on 24/04/2016 (“Promotional Period”).
4. To be eligible to enter, individuals must purchase either a 4-pack(s) or 24-pack(s) of AC/DC’s Bourbon and Cola from a participating off-premise outlet (“Eligible Transaction”). Participating off-premise outlets are any off-premise outlets that display promotional material featuring this promotion.
5. To enter, individuals must then, during the Promotional Period, undertake the following steps:
a) visit the promotional website at www.biggestfanpromo.com.au/acdc;
b) follow the prompts to the competition entry page;
c) input the requested details including their full name, email address, the name of the participating off-premise office from which they made their Eligible Transaction, the details of the Eligible Transaction (i.e. whether they made a 4-pack or a 24-pack purchase) and their purchase receipt number for the Eligible Transaction;
d) upload a scanned copy of their purchase receipt; and
e) submit the fully completed online entry form ("Entry Form").
6. Subject to clause 7, the number of entries that an individual will be eligible to receive will depend on the product purchased in the Qualifying Transaction, as follows:
- one (1) entry will be awarded in respect of a purchase of a 4-pack of AC/DC’s Bourbon and Cola; and
- six (6) entries will be awarded in respect of a purchase of a 24-pack of AC/DC’s Bourbon and Cola.
7. Individuals can only submit one (1) Entry Form (and list one (1) eligible product) in respect of a single Eligible Transaction, regardless of the number of eligible products purchased in that Eligible Transaction in excess of one (1). For the avoidance of doubt, if an individual purchased multiple eligible products in one (1) Eligible Transaction, he/she can only submit an Entry Form in respect of one (1) of those products. For example, if an individual purchases a 4-pack and a 24-pack of AC/DC Bourbon and Cola in one (1) Eligible Transaction, he/she will only receive an entry (or entries) for one (1) of those products, being the product listed on their online entry form (and he/she will be unable to submit another Entry Form in respect of the remaining products purchased in that Eligible Transaction). Each entry must be submitted separately and in accordance with entry requirements.
8. 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.
9. Incomplete or indecipherable entries will be deemed invalid.
10. Entrants must retain their original 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 participating off-premise store of purchase and that the purchase was made during the Promotional Period but prior to entry.
11. 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.
12. The draw will take place at Fourteen Digital, Unit 7, 50 Reservoir Street, Surry Hills NSW 2010 on 26/04/2016 at 11:00am AEST. 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 their name will be published online at www.biggestfanpromo.com.au/acdc from 28/04/2016.
13. The Promoter’s decision is final and no correspondence will be entered into.
14. The first valid entry drawn will win a trip for two (2) adults to an international destination for an AC/DC Concert valued at up to AU$17,000 (if an Australian winner) or up to NZD$18,600 (if a New Zealand winner) depending date and point of departure. The exact international destination will be determined by the Promoter in its absolute discretion and will be based on the 2016 tour destinations and dates for AC/DC in 2016. Prize includes:
- Two (2) x return economy airfares from winner's nearest Australian capital city (if the winner resides in Australia) or from the nearest of Auckland, Christchurch or Wellington (if winner resides in New Zealand) to an international destination (as determined by the Promoter in its absolute discretion) in 2016;
- All airline and airport taxes;
- Return private transfers from airport to accommodation;
- Five (5) nights minimum 4star twin share accommodation;
- Breakfast for two (2) adults daily;
- A range of selected sightseeing/tourism activities (to be determined by the Promoter in its absolute discretion) depending on the international destination chosen;
- Dinner for two (2) adults up to the value of AU$400;
- Two (2) x tickets to an AC/DC show in the chosen international destination in 2016;
- Return private transfers for two (2) from accommodation to the AC/DC show ;and
- AUD$1,000 spending money (if the winner is from Australia) or NZD$1,000 spending money (if the winner is from New Zealand).
15. The winner and his/her companion must depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter in its absolute discretion. 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.
16. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves 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 encourages 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. Subject to the unclaimed prize draw clause, if for any reason the winner does not take the prize (or an element of the prize), 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. The AC/DC concert passes element of the prize 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) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.
21. Total prize pool value is up to AU$17,000 (if the winner is from Australia) or up to NZD$18,600 (if the winner is from New Zealand). The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash.
22. A draw for the prize, if unclaimed, may take place on 09/05/2016 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner will be notified in writing within two (2) business days of the draw and their name will be published online at www.biggestfanpromo.com.au from 11/05/2016.
23. 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.
24. 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.
25. 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.
26. 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 or in New Zealand (“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.
27. 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 the AC/DC concert 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) taking of the prize or attendance at the prize event.
28. 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.
29. 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.biggestfanpromo.com.au/acdc. 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. The Promoter will not disclose personal information of Australian residents to any entity outside of Australia.
30. The Promoter is Boab Tree Estate Vineyards Pty Ltd (36 163 933 408) of 13/340 Darling Street, Balmain NSW 2041, telephone: 02 8065 8842.
NSW Permit No. LTPS/15/09378. ACT Permit No. TP15/08235. SA Permit No. T15/2145
“AC/DC’s BOURBON & COLA LET THERE BE ROCK FUND” COMPETITION
1. Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Promoter is Boab Tree Estate Vineyards Pty Ltd (ABN 36 163 933 408) of 13/340 Darling Street, Balmain NSW 2041.
3. Entry is only open to individuals who are Australian and New Zealand residents aged 18 years or over or bands whose entire members are Australian residents aged 18 years or over, or New Zealand residents aged 18 years or over who: (a) does not have as at the date of entry a signed record deal; and (b) can take the prize on the nominated dates. Employees (and their immediate families) of the Promoter, AC/DC 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. If a band enters the promotion, then the individual submitting the entry on behalf of the band warrants that all of the band members in the band agree and accept these Terms and Conditions, and will be deemed, jointly and severally, as the case requires, an entrant (“entrant”).
5. Promotion commences 9am AEDST on 14/03/2016 and closes at 11.59pm AEDST on 15/08/2016 (“Promotional Period”).
6. To be eligible to enter the entrant must produce a video of the entrant playing any song from AC/DC’s list of released songs. The song may be played in any type of genre, including but not limited to, hard rock, heavy metal, rap, classical, etc.
7. To enter, the entrant must, during the Promotional Period:
(a) upload a copy of their entry to YouTube or Vimeo with the following hashtags: #letthereberock and #showusurcans;
(b) visit the website www.letthereberock.com.au, follow the prompts, input all requested information, and upload a link to their entry.
8. By entering, each entrant warrants and represents the following with respect to his/her entry: (a) the entrant is the sole and exclusive owner of all aspects of the entry, apart from any of the Promoter’s and AC/DC’s intellectual property, including copyrights, trademarks, names, logos, designs, artwork, publicity rights, music, lyrics and characters (collectively, “Promoter IP”), which may only be used pursuant to the limited license described more fully herein (in the case of a band entry, this means no one outside of the band is the exclusive owner of the entry, apart from the Promoter IP); (b) apart from any included the Promoter’s IP, the entry is entrant’s own creation; (c) the entry will not infringe on any rights of any third party, including but not limited to copyright, trademark, privacy, publicity and/or any other intellectual property right and will not include the name, photo, or likeness of any third parties; (d) the entry complies with the Guidelines and Restrictions (defined below); and (e) the entry has not been submitted previously in a contest of any kind, won any kind of award and/or been exhibited or displayed publicly through any means.
9. Multiple entries permitted, subject to the following: (a) each entry must be submitted separately; (b) each entry must be substantially unique.
10. By entering the promotion, each entrant agrees that his or her entry conforms to the entry Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that the Promoter, in its sole discretion, may remove any entry and disqualify an entrant from the Contest if it believes, in its sole discretion, that the entrant’s entry fails to conform to the Guidelines and Restrictions.
- The entry must consist of one (1) AC/DC song.
- The entry cannot have been submitted previously in a promotion of any kind, won any award or been exhibited or displayed publicly through any means.
- The entry must not contain material that violates or infringes another’s rights, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;
- The entry must not disparage the Promoter, any other person or party;
- The entry must not contain brand names or trademarks of any entity other than the Promoter IP, which entrant has a limited license to use for the sole purpose of creating an entry in this promotion;
- The entry must not contain footage, images or artwork not created by entrant or owned by the Promoter;
- The entry must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
- The entry must not contain material that is unlawful, in violation of or contrary to the laws or regulations of Australia or New Zealand.
11. Providing an entry whether ultimately considered to be eligible or ineligible, constitutes entrant’s consent to grant the Promoter a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, in perpetuity, and to incorporate it into other works, in any form, media or technology now known or later developed, including, but not limited to, any and all internet media, including the Promoter’s web sites and social media platforms, for any purpose whatsoever, including for promotional, advertising or marketing purposes.
12. The Promoter and AC/DC grants eligible entrants a limited, revocable, non-sublicensable, license to use the Promoter’s IP for the sole purpose of creating and submitting the entry for review and assessment in this promotion. Entrants are not permitted to make any further use of the Promoter’s IP for any purpose whatsoever. In addition, entrants recognise that all right, title, and interest in the Promoter’s IP as well as all derivative works created using the Promoter’s IP shall vest exclusively to the Promoter or AC/DC (as applicable), and entrant agrees that he/she has not and will not take any action that might harm or adversely affect such rights. No right, title, or interest in and to the Promoter’s IP except for the limited license granted to entrant in these Terms and Conditions is transferred or created. Each entrant further acknowledges and agrees that the Promoter’s IP rights are valid and enforceable, and that entrant shall do nothing to challenge the validity or enforceability of Promoter’s IP in any forum. Entrants agree that the use of the Promoter’s IP is permitted only for the purpose of making an entry in this promotion, and that any use of the Promoter’s IP (whether in the entry or otherwise) beyond this scope infringes the rights of the Promoter or AC/DC and will result in irreparable harm to the Promoter or AC/DC.
13. 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.
14. Incomplete, indecipherable, inaudible or illegible entries will be deemed invalid.
15. The judging will take place between 16/08/2016 and 26/11/2016. This is a game of skill and chance plays no part in determining the winner(s). Each entry will be individually judged based on creative merit. The judges may select additional reserve entries, which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant. The winner will be notified by telephone and email.
16. The Promoter’s decision is final and no correspondence will be entered into.
17. The best valid entry, as determined by the judges, will win the following prize:
- A cheque for the sum of $10,000;
- The Promoter may, in its absolute discretion, offer additional elements to the prize, but is under no obligation to do so. Any additional elements of the prize, if any, are subject to any other additional terms and conditions as determined by the Promoter.
18. If for any reason a winner does not take a prize (or an element of a prize) at the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash.
19. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion, or suspend or modify a prize.
20. 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.
21. Prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
22. Entrants consent to the Promoter, AC/DC and their respective affiliates using their name, likeness, image, voice, and entries 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 or services created, distributed and/or supplied by the Promoter or AC/DC, including without limitation, on any of the Promoter’s or AC/DC’s websites or social media sites. For clarity, the winner/winning band may be filmed and these recordings may be released, in various media as determined by the Promoter and AC/DC, in their absolute discretion.
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, 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) to modify, suspend, terminate or cancel the promotion, as appropriate.
24. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
25. 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 AC/DC (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.
26. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and AC/DC (including their respective officers, employees and agents) is 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 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 the appearance of any of the producers does not occur or the studio session 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) the prize.
27. As a condition of accepting a prize, the winner 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.
28. 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.letthereberock.com.au. 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. The Promoter will not disclose personal information of Australian residents to any entity outside of Australia.