Competition Terms and Conditions

“BUNDY X JIMMY BRINGS STATE OF ORIGIN” PROMOTION TERMS AND CONDITIONS

 

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

 

Entry is only open to QLD & NSW residents aged 18 years or over. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter and/or claim. Immediate family means any of the following: spouse, ex-spouse, defacto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, stepsister or 1st cousin.

 

The promotion will be conducted between 23/10/20 and 11:59pm AEDST on 12/11/20 ("Promotion Period").

 

How to enter: To enter the promotion, entrants must, during the Promotional Period: A) Visit the Jimmy Brings website (https://jimmybrings.com.au/) or download the Jimmy Brings app onto a compatible device and sign up to the app; B) Purchase a Bundy FSBS or Bundy RTD bundle as specified on the website or app (“Qualifying Transaction”); and C) Provide all requested details including their full name, telephone number, a valid and current email address, and delivery address.

 

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 will 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.

 

Incomplete, indecipherable or illegible entries will be deemed invalid.

 

Multiple entries permitted, subject to the following: (a) limit of one (1) entry per Qualifying Transaction (regardless of how many bundles were purchased in that transaction in excess of one); and (b) each entry must be submitted separately and in accordance with the entry requirements.

 

Entrants must retain their original purchase receipt(s), or a copy of the same, 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 that a Qualifying Transaction was made during the Promotional Period but prior to entry.

 

There will be three (3) draws conducted for this promotion. Entries close for each draw at 11:59pm AEDST on 28/10/20 (Draw 1), 04/11/20 (Draw 2) and 11/11/20 (Draw 3). The draws will take place at Anisimoff Legal, Suite 5, Erina Plaza, 210 The Central Coast Highway, Erina NSW 2250 at 10:00am AEDST on 30/10/20 (Draw 1), 06/11/20 (Draw 2) and 13/11/20 (Draw 3). Non-winning entries in each draw will rollover into subsequent draws. The Promoter reserves the right to draw reserve entries and record them in order, in the case of an invalid or ineligible entry. Winners will be notified by telephone and in writing via email.

 

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

 

Entries in each draw will be divided into two (2) groups depending on State of residence, being either NSW or QLD. The first five (5) valid entries drawn in the NSW group in Draws 1 and 2 will each win a double pass to State of Origin 2020 Game 2 at ANZ Stadium, Sydney, NSW on 11/11/20, valued at $290. The first five (5) valid entries drawn in the QLD group in Draws 1 and 2 will each win a double pass to State of Origin 2020 Game 3 at Suncorp Stadium, Brisbane, QLD on 18/11/20, valued at $360. The next seven (7) entries drawn in each group in Draws 1 and 2 and the first seven (7) entries drawn in each group in Draw 3 will each win a State of Origin jersey valued at $159.99.

 

State of Origin double pass prizes consist of double passes only and winners must make their own way to and from the game. Winners of double passes and their guests must both be over 18 years of age. Winners of State of Origin jersey prizes will be contacted and able to choose between a QLD Maroons 2020 Replica Home Jersey or NSW Blues 2020 Replica Pro Home Jersey.

 

The total prize pool value for this promotion in NSW is $6,259.79. The total prize pool value for this promotion in QLD is $6,959.79.

 

The Promoter advocates the responsible service and consumption of alcohol. The Promoter encourages consumers to drink responsibly. Legal aged consumers are advised to visit www.drinkwise.org.au to get the facts on standard drinks and responsible drinking.

 

If for any reason a winner does not take a prize by the time stipulated by the Promoter, then the prize will be forfeited.

 

If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.

 

Prizes are not transferable or exchangeable and cannot be taken as cash unless specified otherwise.

 

A draw for any unclaimed State of Origin double pass prizes in the NSW group will take place at the same time and place as the original draw on 10/11/20, subject to any written directions from any regulatory authority. A draw for any unclaimed State of Origin double pass prizes in the QLD group will take place at the same time and place as the original draw on 17/11/20, subject to any written directions from any regulatory authority. A draw for any unclaimed State of Origin jersey prizes in either group will take place at the same time and place as the original draw on 13/01/21, subject to any written directions from any regulatory authority. Winners, if any, will be notified by telephone and in writing by email.

 

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.

 

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, 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, subject to any written directions from any regulatory authority.

 

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 State 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 Confidential Confidential * Highly Confidential * (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.

 

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) any tax liability incurred by any winner or entrant; (f) if any State of Origin 2020 game is cancelled, postponed or rescheduled for any reason beyond the control of the Promoter; or (g) use of a prize.

 

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 http://diageopromotions.com.au/privacy#cookies. 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 of marketing, access, update or correct their PI, how entrants’ entrant can contact and may complain about a breach of the Australian Privacy Principles. All entries become the property of the Promoter. Unless otherwise indicated by the Promoter, the Promoter may disclose PI to entities outside of Australia, 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.

 

Entrants grant the Promoter permission to communicate with them by email, phone and/or SMS in order to provide details of the prize and/or instructions as to how the winner is to claim the prize and establish his/her entitlement to it.

 

The Promoter is Diageo Australia Limited of 162 Blues Point Road, McMahons Point, NSW, 2060, ABN 33 004 167 720. Consumer enquiries may be directed to 1800 789 344

SOFI Sprtiz Social Competition Terms & Conditions ("Conditions of Entry")

Schedule

Promotion: SOFI Sprtiz Social Competition

Promoter: JIMMY BRINGS AUSTRALIA PTY LIMITED ABN 54 606 103 557, 51 Bourke Road, Alexandria, NSW 2015, Australia. Ph: 1800546697

Promotional Period: Start date: 19/11/20 at 09:00 am AEDT; End date: 30/11/20 at 11:59 pm AEDT

Eligible entrants: Entry is only open to Australian (excluding TAS and NT) residents who are 18 years and over.

How to Enter: To enter the Promotion, the entrant must complete the following steps during the Promotional Period:

  1. visit jimmybrings on Instagram at https://www.instagram.com/jimmybrings and in a comment to the SOFI Spritz Social Competition post: tag a friend and show us the emoji that defines your quintessential Summer day; and
  2. ‘follow’ both the sofispritz Instagram account (https://www.instagram.com/sofispritz) and jimmybrings Instagram account (https://www.instagram.com/jimmybrings).

Entrants must ensure their Instagram account privacy setting is set to public (i.e. not 'private') to be eligible for this Promotion.

Entries permitted: Entrants may enter multiple times provided each entry is submitted separately in accordance with the entry instructions above. Each entry submitted by an entrant must tag a different friend. The entrant is eligible to win a maximum of one (1) prize (excludes SA residents). By completing the entry method, the entrant will receive one (1) entry.

Draw: The draw will take place at JIMMY BRINGS AUSTRALIA PTY LIMITED, 51 Bourke Road, Alexandria NSW 2015, Australia at 12:00 pm AEDT on 01/12/20. The first five (5) valid entries drawn will each win the prize specified below.

Total Prize Pool: AUD $834.85

Prize Details: There are five (5) winners for this Promotion. Each winner will receive a prize pack valued at AUD $166.97 consisting of the following:

  • SOFI Spritz x Sunnylife Esky (AUD$99.99);
  • 12 x 250ml cans of SOFI Spritz Cocktail Cans (8%) (AUD$49.99); and
  • SOFI Spritz x Sunnylife Cocktail Cups (AUD$16.99).

Winner notification: The winners will be contacted by their Instagram account within fourteen (14) days of the draw.

Unclaimed Prizes: Prizes must be claimed by 05/01/21 at 12:00 pm AEDT. In the event of an unclaimed prize, the prize will be redrawn on 06/01/21 at 12:00 pm AEDT at JIMMY BRINGS AUSTRALIA PTY LIMITED, 51 Bourke Road, Alexandria NSW 2015, Australia. The winner/s of the redraw will be notified by their Instagram account within fourteen (14) days of the redraw.

 

General Conditions

  1. The entrant agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise.
  2. The Promotion commences on the Start Date and ends on the End Date ("Promotional Period"). Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
  3. Valid and eligible entries will be accepted during the Promotional Period.
  4. Employees (and their immediate family members) of agencies/companies directly associated with the conduct of this Promotion, the Promoter, businesses involved in determination of winner/s for the Promotion, businesses involved in the management of the Promotion, any organisation benefiting from the Promotion, the Promoter’s distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. "Immediate family member" 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.
  5. The draw conductor may draw additional reserve entries in case an invalid entry or entrant is drawn.
  6. If a draw is scheduled on the weekend or a public holiday, the draw will be conducted at the same time and location on the following business day. The Promoter will ensure each draw is open for public scrutiny and anyone may witness the draw on request. The winner of a drawn prize is determined by chance.
  7. All reasonable attempts will be made to contact each winner.
  8. If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize by the time specified by the Promoter, or is unavailable, they forfeit the prize and the Promoter is not obliged to substitute the prize.
  9. Entry and continued participation in the Promotion is dependent on the entrant following and acting in accordance with the Instagram Terms of Use, (http://instagram.com/legal/terms/). This Promotion adheres to the terms and conditions set out in the Instagram promotion guidelines which can be found at: http://help.instagram.com/179379842258600. Any questions or comments regarding the Promotion must be directed to the Promoter, not to Instagram. The entrant releases Instagram and its associated companies from all liabilities arising in respect of the Promotion. Entrants acknowledge that the Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram.
  10. Tickets or rights for alcohol prizes will not be distributed by or to any person under 18, nor can a person under 18 dispense or collect an alcohol prize. Entrants will be refused service of alcohol or provision of an alcoholic beverage prize if it would breach any relevant laws or codes including those relating to the responsible service of alcohol. The Promoter supports the responsible service of alcohol.
  11. The value of the prizes is accurate and based upon the recommended retail value of the prizes (inclusive of GST) at the date of printing. The Promoter accepts no responsibility for any variation in the value of the prizes after that date.
  12. No part of a prize is exchangeable, redeemable for cash or any other prize or transferable, unless otherwise specified in writing by the Promoter.
  13. If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or that portion of the prize) to a prize of equal or greater value and specification.
  14. No entry fee is charged by the Promoter to enter the Promotion. Where entry is allowed online, there is no additional cost to enter the Promotion other than any cost paid by the entrant to access the website or social media platform of entry via their Internet service provider.
  15. If there is a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or winner.
  16. Entrants' personal information will be collected by the Promoter. Personal information will be stored on the Promoter's database. The Promoter may use this information for future marketing purposes regarding its products, including contacting the entrant electronically. The Promoter is bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and its privacy policy which is located at jimmybrings.com.au/privacy-policy/. The Promoter's privacy policy contains information about how the entrant may access, update and seek correction of the personal information the Promoter holds about them and how the entrant may complain about any potential breach by the Promoter of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with. The Promoter collects personal information about entrants to enable them to participate in this Promotion and may disclose the entrants' personal information to third parties including its contractors and agents, prize suppliers and service providers to assist in conducting this Promotion. If the entrant does not provide their personal information as requested, they may be ineligible to enter or claim a prize in the Promotion. Personal information collected from entrants will not be disclosed to any entity located outside of Australia.
  17. The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of a prize, if the Promoter determines in their absolute discretion, that a winner is not in the physical or mental condition necessary to be able to safely participate in or accept the prize. It is a condition of accepting the prize that a winner may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving a prize.
  18. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.
  19. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
  20. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to State or Territory regulation.
  21. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant's details (including an entrant's identity, age and place of residence). In the event that a winner cannot provide suitable proof as required by the Promoter to validate their entry, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.
  22. All material submitted on entry (e.g. photo(s), image(s), drawing(s), comment(s), sound/video recording(s) and answer(s) to a promotional question) must NOT: (a) be in breach of any laws, regulations and rights, e.g. any laws regarding intellectual property (copyright, trademarks, etc), defamation and privacy; (b) be defamatory, obscene, derogatory, pornographic, sexually inappropriate, contain nudity, aggressive, violent, abusive, harassing, threatening, objectionable or discriminate/vilify any section of the community with respect to race, ethnicity, nationality, religion, origin, sexual preference, mental illness, disability or gender or unsuitable for publication; or (c) contain viruses. Entrants warrant that they own or have the right to license the copyright in any entry submitted by them into this Promotion, for the purposes of this Promotion, that no rights have been granted to any third party in respect of any such entry which would prevent the entry being used as contemplated by this Promotion, and that the use by the Promoter of any such entry will not breach any laws or infringe the rights of any person (including without limitation with respect to privacy, intellectual property and defamation). Entrants must obtain prior consent from any person or from the owner(s) of any property that appears in their entry. By entering, all entrants license and grant the Promoter, its affiliates and sub-licensees an exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (including any portion of their entry) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability. Entrants further agree, upon request by the Promoter, to assign all of their rights, title and interest (including copyright) in and to their entry to the Promoter and to sign any legal documentation to confirm such assignment. Entrants agree that their entry is their original work and does not infringe the rights of third parties, or that they have obtained full prior consent from any person who has jointly created or has any rights in the aforementioned material. Entrants consent to any use of their entry that may otherwise infringe their moral rights. Entrants are responsible for all entries they submit on entry. The Promoter will not be liable for any entries, to the extent permitted by law. The Promoter reserves the right to remove, request removal or decline to publish any entry or portion of an entry for any reason whatsoever, including if in breach of these Terms and Conditions. The Promoter will have no liability to entrants if it exercises this right and entrants must comply with any request made by the Promoter pursuant to this paragraph.The entrant warrants and represents that any material sent or provided by the entrant to the Promoter will not infringe any copyright, trademarks or other intellectual property rights of any third party (including moral rights) and that the entrant has all rights to use the materials and has obtained all necessary consents to comply with any relevant privacy and/or confidentiality requirements. Entrants agree to indemnify the Promoter for any breach of the Terms and Conditions including this clause.
  23. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion or claiming a prize, the Promoter will resolve the dispute in direct consultation with the entrant. If the dispute cannot be resolved the Promoter’s decision will be final.
  24. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence or wilful misconduct) in connection with this Promotion or accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
  25. The entrant will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.
  26. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.
  27. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.