1. Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this “REDefine Your Red” promotion (“Promotion”) is deemed acceptance of these Terms and Conditions. Standard data rates apply to entrants who choose to enter in the Promotion through a wireless mobile device. Entrants must contact their service provider for pricing and service plan information and rates before mobile device participation.
2. Entry is open to all countries where this promotion is not prohibited. To be eligible, entrants must be of legal drinking age in their jurisdiction of residence at the time of entry. Employees (and their immediate families) of the Promoter, affiliates, representatives, agents, parent companies, subsidiaries, and any agencies or other entities associated with this promotion (collectively, the “Promotion Parties”) 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. Without limiting the generality of the foregoing and any other terms herein, the following conditions apply in Canada:
• No purchase is necessary to enter or win.
• Residents of the province of Quebec are excluded from entering.
• Employees (and their immediate families) of any liquor board or commission or participating liquor licensee are excluded from entering.
• In order to be declared a winner, the potential winner of the prize must correctly answer, unassisted, whether mechanical or otherwise, an arithmetic skill-testing question.
4. Promotion commences 12:00PM AEDT on Sunday, 1 December 2019 and closes 11:59PM AEDT on Saturday, 29 February 2020 (“Promotional Period”).
5. There are three (3) methods to enter into the Promotion. Individuals must enter the Promotion via the method specified in clauses 5, 6 and 7 below based on their country of residence.
6. To enter, individuals who reside in Australia and New Zealand must complete the following steps during the Promotional Period:
• Follow the Taylors Wines Instagram account at www.instagram.com/taylorswines/; and then
• Provide an answer to “Describe your dream holiday destination where a lightly chilled glass of Taylors red would be perfect with your favourite travel buddy.” by commenting on the post related to the Promotion; and
• Tag another Instagram account in their comment submission.
7. To enter, individuals residing in any countries excluding Australia and New Zealand must complete the following steps during the Promotional Period:
• Follow the Wakefield Wines Instagram account at www.instagram.com/wakefieldwines/;
• Provide an answer to “Describe your dream holiday destination where a lightly chilled glass of Wakefield red would be perfect with your favourite travel buddy.” by commenting on the post related to the Promotion; and
• Tag another Instagram account in the comment submission.
8. To enter, individuals residing in any countries must complete the following steps during the Promotional Period:
• Follow the Taylors Wines Instagram account at www.instagram.com/taylorswines/ (for Australia and New Zealand residents) and the Wakefield Wines Instagram account at www.instagram.com/wakefieldwines/ (for residents of all countries excluding Australia and New Zealand);
• For Australia and New Zealand residents, provide an answer to “In 25 words or less, describe your dream holiday destination where a lightly chilled glass of Taylors red would be perfect with your favourite travel buddy.” by commenting on an Influencer’s (defined below) post related to the Promotion; or
• For residents of all countries excluding Australia and New Zealand, provide an answer to “In 25 words or less, describe your dream holiday destination where a lightly chilled glass of Wakefield red would be perfect with your favourite travel buddy.” by commenting on an Influencer’s (defined below) post related to the Promotion; and
• Tag another Instagram account in their comment submission.
An Influencer is any Instagram account listed below (“Influencer”):
• taramilktea: www.instagram.com/taramilktea/;
• carmenhunter: www.instagram.com/carmenhuter/;
• scottcbakken: www.instagram.com/scottcbakken/;
• sashajuliard: www.instagram.com/sashajuliard/;
• lindaekroth: www.instagram.com/lindaekroth/; and
• _tinamaria: www.instagram.com/_tinamaria/
All entries must:
· Be publicly shared and received between 12:00PM AEDT on Sunday, 1 December 2019 and 11:59PM AEDT on Saturday, 29 February 2020, as determined by Promoter’s server machines;
· Not be deleted or altered during the Promotional Period;
· Comply with the Instagram platform's terms of service and technical requirements, available at www.instagram.com;
· Be submitted in English; and
· Be original and in good taste.
9. 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 in a form acceptable to the Promoter – including, without limitation, government issued photo identification) 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.
10. Incomplete or indecipherable entries will be deemed invalid.
11. Multiple entries permitted, subject to the following: (a) each entry must be substantially unique; and (b) each entry must be submitted separately and in accordance with entry requirements.
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. After the end of the Promotional Period, a panel of judges appointed by the Promoter at its sole and absolute discretion will judge and assign a score to each eligible entry submitted and received. The judging will take place at The Woolstores, Suite 2, Shed 72/4F Huntley Street, Alexandria NSW 2015, Australia on Monday, 2 March 2020 at 9:00AM AEDT. Based on score, the judges will determine a potential winner. The odds of winning depend on the number and calibre (based on the judging criteria described below) of eligible entries received. 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.
14. The potential winner will be notified via Instagram Direct Message by Friday, 6 March 2020. Each entrant is responsible for ensuring his/her Instagram account is set to be able to receive direct messages from the Promoter. If a response is not received by the potential winner within seven (7) days, it may result in disqualification and a new potential winner selected. The winner may be published on Taylors Wines Instagram (www.instagram.com/taylorswines/) or Wakefield Wines Instagram (www.instagram.com/wakefieldwines/) within seven (7) days of being declared the winner.
15. This is a game of skill and chance plays no part in determining the winner. Each entry will be individually judged and assigned a score, based on creative merit (100%) of the answer provided to any of the promotional questions stated in clauses 6, 7 and 8 above, as applicable.
16. The Promoter’s decision is final and no correspondence will be entered into.
17. There is one (1) prize available to be won. The best entry, as determined by the judges based on score, will be eligible to win a trip for two (2) people to a destination of the confirmed winner’s choice valued at up to AU$20,000 (which may vary depending on date, destination and point of departure). Prize includes:
• Two (2) return economy airfares from winner's nearest major airport to their chosen destination (if required);
• Two (2) nights’ stay in minimum three-star accommodation at the winner’s chosen destination; and,
• Transfer to and from the destination airport and accommodation.
• Unless prohibited by law in the winner’s jurisdiction of residence, the prize will also include one (1) three-course dinner with matching Taylors and/or Wakefield Wines (for adults only) for two (2) people.
Spending money, meals, taxes (excluding airline and airport taxes), insurance, passports, visas, vaccinations, travel insurance, transport to and from departure point, transfers, items of a personal nature, in-room charges and all other ancillary costs are not included unless otherwise specified. Prize must be taken between March 2020 to May 2020 and is subject to booking and flight availability. Prize cannot be taken during school holidays, public holidays or other peak periods.
18. The winner and their companion/s are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations, travel documentation and travel insurance. The winner (and their 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.
19. Once the prize has been booked and the winner requires an amendment to any part of the prize, it is the winner’s responsibility to contact the service provider and bear the costs of the amendments.
20. 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.
21. The Promoter encourages consumers to enjoy responsibly. In Australia and New Zealand, 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.
22. If for any reason the winner does not take the prize (or an element of the prize) at the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
23. 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.
24. Total prize pool value is up to AU$20,000. Winners are not entitled to monetary difference between actual prize value and the maximum prize value of AU$20,000, if any.
25. Prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash.
26. Entrants agree that they are fully responsible for any materials they submit via the Promotion including but not limited to comments, recordings and images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants represent, warrant and agree that:
(a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, anti-social, unsafe, dangerous, unhealthy behavior or false, misleading or deceptive conduct or objectionable with respect to race, religion, origin or gender, not suitable for people under the LDA of their country of residence, or otherwise unsuitable for publication;
(b) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
(c) the Content is the original literary work of the entrant that does not infringe the rights of any third party;
(d) they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) (for residents of Canada: they waive all moral rights in and to his/her Content) and warrant that they have the full authority to grant these rights; and
(e) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
Without limiting any other terms herein, the entrant agrees to indemnify the Promoter, its affiliates and sub-licensees, for any breach of the above terms.
27. As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to reproduce, modify, adapt, publish, display, communicate to the public by telecommunication and otherwise use their entry (which shall include Content) 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.
28. Entrants consent to the Promoter, its affiliates and sub-licensees, broadcasting, publishing, disseminating and otherwise 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 worldwide 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.
29. 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.
30. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
31. 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 (Cth), as well as any other implied warranties under the ASIC Act (Cth) or similar consumer protection laws in the States and Territories of Australia or any relevant laws (“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.
32. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees, directors, successors, assigns 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 a winner or entrant; or (f) taking of the prize.
As a condition of accepting the prize, the winner (and their 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.
35. This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. Entrants understand that they are providing their information to the Promoter and not to Instagram. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Instagram. Instagram will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the Promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.
36. In Canada, the liquor boards or commissions are not in any way associated with this Promotion, nor are they liable in any way whatsoever regarding any matter which relates to this Promotion.
37. The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia. This promotion is void where prohibited.
38. The Promoter is Taylors Wine Pty Limited (ABN 43 007 799 897) of The Woolstores, Suite 2, Shed 72/4F Huntley Street, Alexandria NSW 2015, Australia.
39. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.