TERMS & CONDITIONS
Schedule to Terms & Conditions of entry
Promotion name
Winter Release 2021 Giveaway
Eligible States/Territories
National
Promotion period
Start: 29
th May 2021 05:00 PM AEST
End: 21st June 2021 10:00 AM AEST
No entries will be accepted outside this time.
Website address
www.facebook.com/oldkempton/
Promoter
Old Kempton Distillery
ABN/ACN: 62156575549
26 Main Street
Kempton TAS 7030
Eligible entrants
Entry to the Promotion is open to Australian residents in all eligible states/territories
who fulfil the method of entry requirements and are 18 years of age or older.
Details of prizes
The best entry/entries as determined by the judges will be deemed the prize
winner(s) and will win:
First –
Bottle 1 Winter Release 2021 500ml (Plus postage)
Entrants must be over the age of 18 years. ID will be requested.
The Promoter encourages consumers to enjoy alcohol responsibly. Refer to the
National Health and Medical Research Council Australian Alcohol Guidelines
(http://www.alcohol.gov.au/internet/alcohol/publishing.nsf/Content/guide-adult) for
recommended safe drinking levels.
Total number of prizes
1
Total prize value
Total prize pool (inc GST): $305
Method of entry
To enter, an entrant must, during the promotional period:
Put on the most clothing in the most entertaining manner as deemed by the judges (Old
Kempton Distillery Team members). Must be kept “G” rated.
Must be submitted on the original Old Kempton Distillery Facebook post.
Maximum number of entries- One
Prize draw
The judging will be performed by a judge/panel of judges appointed by the
Promoter.
The prize draw will begin 10:00 AM AEST on 21st June 2021 at 10am.
Location of the judging:
Old Kempton Distillery
26 Main Street
Kempton TAS 7030
Notification of winners
Winners will be notified via Facebook no later than 21st June 2021 5pm.
Public announcement of winners
The winner will be published on Facebook and our Website.
Unclaimed prize draw
If the prize(s) are unclaimed by the unclaimed prize draw date, the Promoter will
award the prize(s) to the Eligible Entrant(s) who came runner-up when the entries
were judged, subject to any directions from any regulatory authority.
Unclaimed prize draw date: 10:00 AM AEST on 27th June 2021
Location of unclaimed prize draw:
Old Kempton Distillery
26 Main Street Kempton TAS 7030
Notification of unclaimed prize winners
Unclaimed prize winners will be notified via Facebook no later than 27th June 2021.
Public announcement of winners from unclaimed prize draw
The winner of unclaimed prizes will be published here:
www.oldkemptondistillery.com.au on 27th June 2021
If runner up does not claim prize 7 days after, 10:00 AM AEST on 27th June 2021, the prize
is then up to the discretion of the Promoter to either select a third Entrant or cease the
competition.
Terms & Conditions of entry
1. Information on how to enter and prize details form part of these terms & conditions
(Terms of entry). The Terms must be read in conjunction with the Schedule. The
Schedule defines the terminology used in these Terms of entry. Where there is any
inconsistency between these Terms and the Schedule, the Schedule prevails.
Participation in this Promotion is deemed acceptance of these Terms of entry.
2. Entry is open only to legal residents of the Eligible States/Territories who satisfy the
Method of entry. Directors, officers, management, employees, suppliers (including
prize suppliers) and contractors (and the immediate families of directors, officers,
management, employees, suppliers and contractors) of the Promoter and of its related
bodies corporate, and of the agencies and companies associated with this Promotion,
including the terms and conditions providers TPAL (Trade Promotions and Lotteries
Pty Ltd) are ineligible to enter. Immediate family means any of the following: spouse,
ex-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 first cousin.
3. The Promotion will be conducted during the Promotion period.
4. The Prize/s are specified in the Details of prizes section of the Schedule.
5. The total prize pool is specified in the Total prize value section of the Schedule.
6. Any prize is valued in Australian dollars unless expressly stated to the contrary.
7. Entrants are advised that tax implications may arise from their prize winnings and
they should seek independent financial advice prior to acceptance of their prize(s).
The Promoter accepts no responsibility for any tax implications that may arise from
accepting a prize. Entrants are responsible for any and all expenses that they incur in
entering the competition and they will not be reimbursed regardless of whether or not
they win the competition.
8. The entrants must follow the Method of entry during the Promotion period to enter the
Promotion. Failure to do so will result in an invalid entry. The Promoter will not
advise an Entrant if their entry is deemed invalid.
9. The time of entry will be deemed to be the time the entry is received by the Promoter.
10. Entrants may submit up to the Maximum number of entries (if applicable).
11. The Promoter accepts no responsibility for any late, lost, delayed, incomplete,
incorrectly submitted, corrupted, illegible or misdirected entries, claims or
correspondence whether due to omission, error, alteration, tampering, deletion, theft,
destruction, disruption to any communication network or medium, or otherwise
including those entries not received by the Promoter for any reason. The Promoter is
not liable for any consequences of user error including (without limitation) costs
incurred. No correspondence will be entered into.
12. The prize(s) will be awarded to the best entry/entries as judged in accordance with the
Prize draw details. Entries must not have been published previously and/or have been
used to win prizes in any other competitions. The judges reserve the right to
disqualify any entrant submitting an entry which, in the opinion of the judges,
includes objectionable content or does not meet the criteria relating to the method of
entry. The judges’ decision is final and no correspondence will be entered into.
13. The winner does not need to be present at the draw unless expressly stated to the
contrary.
14. The winner(s) will be notified in accordance with the Notification of winner and
Notification of unclaimed prize winners (if applicable) sections of the Schedule.
Notification to winner will be deemed to have occurred on the later of the time the
winner receives actual notification from the Promoter or two business days thereafter.
The notification will include details about how the prize(s) can be claimed.
15. The Promoter takes no responsibility where it is unable to contact prize winner who
have not provided correct or complete contact details. If an entrant’s contact details
change during the promotional period, it is the entrant’s responsibility to notify the
Promoter. A request to modify any entry information should be directed to Promoter.
16. It is a condition of accepting any prize that the winner must comply with all the
conditions of use of the prize and the prize supplier’s requirements. Each prize must
be taken as stated and no compensation will be payable if a winner is unable to use
the prize as stated.
17. The winner(s) name and state/territory of residence will be published in accordance
with the Public announcement of winner section of the Schedule (if applicable).
18. The promoter may conduct an Unclaimed prize draw in accordance with the
Unclaimed prize draw section of the Schedule (if applicable). In the event the
Unclaimed prize draw takes place, the Promoter will attempt to contact the winner(s)
of the Unclaimed prize draw in accordance with the Notification of unclaimed prize
draw section of the Schedule, and if applicable, the name and State/Territory of
residency of any winner(s) of the Unclaimed prize draw will be published in
accordance with the section of the Schedule entitled Public announcement of winners
from unclaimed prize draw. If a prize is no longer capable of being redeemed, the new
winner will receive a prize, as determined by the Promoter, of equivalent value (as if
the original prize had been awarded to that person, less any administrative expenses
incurred by the Promoter).
19. To the greatest extent permitted by law, the Promoter excludes all warranties,
representations or guarantees (Warranties) regarding the Promotion and any prizes,
including any Warranties which may have been made in the course of advertising or
promoting the Promotion. The conduct of the Promotion or the supply of prizes may
involve third parties, and the Promoter makes no Warranties and disclaims all liability
in connection with any such third parties, their acts or omissions. By entering the
Promotion, an entrant releases and indemnifies the Promoter and its related bodies
corporate (including the officers, employees and agents of each) from and against
all actions, penalties, liabilities, claims or demands the entrant may have against the
Promoter or that the Promoter may incur for any loss or damage which is or may be
suffered or sustained as a direct or indirect result of an entrant entering or
participating in the Promotion or winning or failing to win a prize, or using or
permitting any other person to use the prize, except for any liability which cannot be
excluded by law or which would cause any part of this clause to be void or
unenforceable.
20. If despite the foregoing clause, the Promoter incurs a liability to an entrant under any
law which implies a Warranty into these Terms of entry which cannot legally be
excluded, the Promoter’s liability in respect of the Promotion is limited, in the
Promoter’s discretion, to either resupplying such goods or services as form part of the
Promotion, or paying the cost of resupplying those goods or services.
21. Without limiting any of the foregoing, in no circumstances will an entrant or the
Promoter have any liability to the other for any loss or damage suffered which is
indirect or consequential in nature, including without limitation any loss of profit, loss
of reputation, loss of goodwill, or loss of business opportunity.
22. The Promoter and its associated agencies and companies will not be liable for any
delay, damage, or loss in transit of prizes.
23. The Promoter may in its absolute discretion not accept a particular entry, may
disqualify an entry, or cancel the entire Promotion at any time without giving reasons
and without liability to any entrants. Without limiting this the Promoter reserves the
right to verify the validity of entries, prize claims and entrants and to disqualify any
entrant who submits an entry or prize claim that is misleading or not in accordance
with these Terms of entry or who manipulates or tampers with the entry process. In
the event that a winner breaches these Terms of entry, the winner will forfeit
the prize in whole and no substitute will be offered. Verification is at the discretion of
the Promoter, whose decision is final. Failure by the Promoter to enforce any of its
rights at any stage does not constitute a waiver of those rights.
24. Prizes, or any unused portion of a prize, are not transferable or exchangeable and
cannot be taken as cash. Where a prize is unavailable for any reason, the Promoter
may substitute the prize for another item of equal or higher value. The Promoter
accepts no responsibility for any variation in prize value (including between
advertising of the Promotion and receipt of the prize).
25. In the case of the intervention of any outside act, agent or event which prevents or
significantly hinders the Promoter’s ability (or that of a third party involved with the
Promotion) to proceed with the Promotion on the dates and in the manner described in
these Terms of entry, including but not limited to vandalism, pandemic, natural
disasters, acts of God, civil unrest, strike, war, act of terrorism,
the Promoter’s obligations in respect of the Promotion will be suspended for the
duration of the event and, in addition, the Promoter may in its absolute discretion
cancel the promotion and recommence it from the start on the same conditions,
subject to approval of the relevant authorities.
26. All entries become the property of the Promoter. As a condition of entering into this
Promotion, entrants agree to assign all their rights in and to their entry and any related
content to the Promoter, including any copyright or other intellectual property rights
in the entry and related content. Without limiting this, the Promoter may use entry
content for any and all purposes including commercial purposes. You warrant that
entry content is original, lawful and not misleading and that the Promoter’s use of
such content will not infringe the rights of any third parties. The entrant agrees to
indemnify the promoter against all claims and costs by third parties
arising from a breach of the warranty set out in this condition. The Promoter has no
obligation to credit you as the author of any content submitted and may otherwise do
any acts or omissions which would otherwise constitute an infringement of any moral
rights you may have as an author of content.
27. Entrants consent to the Promoter using the personal information provided in
connection with this promotion for the purposes of facilitating the conduct of the
promotion and awarding any prizes, including to third parties involved in the
promotion and any relevant authorities. In addition to any use that may be outlined in
the Promoter’s Privacy Policy, the Promoter including third parties
may, for an indefinite period, unless otherwise advised, use the private information
for promotional, marketing, publicity, research and profiling purposes, including
sending electronic messages or telephoning the entrant.
28. The collection and disclosure of personal information provided in connection with
this promotion will be handled in accordance with the Promoter’s Privacy statement
which adheres to the Privacy Act 1988 (cth) and Australian Privacy Principles.
29. The Promotion and these Terms of entry will be governed by the law of the State or
Territory in which the Promoter ordinarily resides. Entrants accept the non-exclusive
jurisdiction of courts and tribunals of that State or Territory in connection with
disputes concerning the Promotion.
30. Facebook, YouTube, Instagram, or Snapchat may be used to advertise or promote the
Promotion. By entering the Promotion, entrants agree that the Promotion is in no way
sponsored, endorsed or administered by, or associated with Facebook, YouTube,
Instagram, or Snapchat; and to release Facebook, YouTube, Instagram, or Snapchat
from all liability in relation to this Promotion. Any questions, comments or
complaints regarding the Promotion should be directed to the Promoter and not
Facebook, YouTube, Instagram, or Snapchat.