Terms & Conditions – 19 Crimes Friendsmas Giveaway 2024

Terms & Conditions -- 19 Crimes Friendsmas Giveaway 2024

Competition Details

Competition

19 Crimes Friendsmas Giveaway 2024

Promoter

Treasury Wine Estates Australia Limited (ABN 78 145 321 320), Level 8, 161 Collins Street, Melbourne VIC 3000.

**Eligibility of entry **

Entry is only open to Australian residents (excluding NT) aged 25 years or over, and who follow the @19crimesau Instagram page.

Who can't enter

Directors, officers, management and employees (and their immediate families) of:

(a) the Promoter; and

(b) the agencies, companies or participating premises associated with this competition.

Competition Period

Entries into the Competition opens 12:01am (AEST) on Monday 2nd December 2024 and closes at 11:59pm (AEST) on Sunday 8th December 2024.

How to enter

To enter, during the Competition Period, entrants must complete the following steps:

• Follow the @19crimesau Instagram page.

• Find the 19 Crimes competition posts published on the below creators Instagram accounts:

• @themollierose

• @natepage__

• @nateyjay

• @ yourstruly_band

• @ soybabie_

• ● Leave a creative and original comment on any of competition posts, tag a friend (who is also aged 25 years or over) and include 3 emojis that best describe your Friendsmas celebrations this year (all in the same comment).

• The above 3 steps will count towards 1 entry. Entrants can leave multiple comments on each of the posts which will each count as a separate entry (provided each comment is unique and not repeated wording).

• The Promoter is not responsible if your mobile device/desktop is not sufficiently capable for the purpose of submitting an entry.

Prize Judging

• The winner selection will take place at the Promoter's marketing agency, Social Soup, 223 Liverpool Street, Darlinghurst ("Social Soup") on 9/12/2024 at 10 AM AEST.

Winner and Prize(s)

• There will be 19 winners determined for this competition who will win a Prize.
• The entrants responsible for 19 of the best comments, as judged by Social Soup based on a criteria of creativity and original thinking, will be determined the winners. Prize: 6 bottles of 19 Crimes Sparkling Wine (valued at AUD $96). Total Prize Pool: AUD $1824 (excl GST)

**Maximum number of entries **

• Multiple entries permitted.

Prize winner notification

• 19 Crimes will announce the competition winners on their Instagram page on Tuesday 10^th^ December 2024.
• Social Soup will notify the winners via Instagram direct message within two (2) business days of the winner being selected and announced on the 19 Crimes Instagram Page.
• Following notification and acceptance of the Prize, winners must provide their name, address and valid ID to Social Soup to organise delivery of the Prize.
• If a prize has not been accepted or claimed by Thursday 9^th^ January 2025, or if, after making all reasonable attempts, the Promotor cannot contact a winner (or a winner does not contact the Promoter) by the same date above, the relevant entry/ies will be discarded. There will be no re-award for these unclaimed Prizes.

Collection and use of personal information

• If you are a winner, you must take part in all publicity and promotional activity as the Promoter requires, without any compensation. You consent to the Promoter using your name and image in any promotional or advertising activity.
• The information you provide will be used by the Promoter for the purpose of conducting this competition and fulfilling the prize. The Promoter may collect your personal information (including through its contractors or agents) and disclose your companions' personal information to its contractors and agents to assist in conducting this competition or communicating with you. If you have marked the "opt-in" box on the entry form, you consent to the Promoter keeping your personal information on its database to use for future marketing purposes, including contacting you by electronic messaging provided that where required by the Spam Act 2003 (Cth), the Promoter includes a functional unsubscribe facility in each direct marketing communication it sends you that you may use to opt-out of any further such communications and provided that the functional unsubscribe facility complies with the Spam Regulations 2021 (Cth). By entering, you consent to receive email or SMS messages from the Promoter without any functional unsubscribe facility if they relate primarily to the conduct of this competition. The Promoter is bound by the Privacy Principles in the Privacy Act 1988 (Cth). You can request access to the personal information the Promoter holds about you by contacting the Promoter at the address stated in the Promoter section of these conditions. The Promoter's Privacy Policy, located at www.tweglobal.com/privacy, contains information about:
• (a) how you can seek access to the personal information the Promoter holds about you/them and seek the correction of such information;
• (b) how you can complain about a privacy breach and how the Promoter will deal with such a complaint; and
• (c) whether the personal information the Promoter holds about you will be provided to overseas companies, and if so, in which countries those companies are located.

Responsible Drinking

• Enjoy alcohol responsibly. Consider the safe drinking levels recommended in the National Health and Medical Research Council Australian Guidelines to Reduce Health Risks from Drinking Alcohol -- see: www.nhmrc.gov.au/about-us/publications/australian-guidelines-reduce-health-risks-drinking-alcohol.
• See also the NSW Liquor Competition Guidelines and Intoxication Guidelines at www.liquorandgaming.nsw.gov.au/documents/gl/gl4001-liquor-promotion-guidelines.pdf.
• Where relevant, your participation in this competition may be subject to the liquor serving policy of businesses conducting the competition and/or providing the prize.

General Terms

1. Information on how to enter and the prize form part of these Terms and Conditions ("Terms"). Participation in this Competition is deemed acceptance of these Terms.

2. Entries must be received by the Promoter during the Competition Period. The Promoter is not responsible for any late, lost or misdirected entries.

3. Entrants may submit up to the maximum number of entries specified in the Competition Details. If an entrant submits entries in excess of the permitted maximum, only the entry or entries most recently submitted (up to the permitted maximum) will be accepted by the Promoter.

4. Each entrant is responsible for notifying the Promoter of any changes to his/her residential address, email address or phone number during and after the Competition Period. The Promoter will not be liable for any costs associated with re-delivery of a prize, should the details provided by a winner be incorrect.

5. The Competition is a game of skill and each validly submitted entry will be judged. The 19 entries that display the most creativity and original thinking, as determined by Social Soup, will win 1 prize each. The Promoter is not responsible for any dispute between you and any persons you have tagged as part of the Competition, regarding the Prize.

6. A decision of the Promoter in relation to the conduct of the Competition is binding and conclusive and no correspondence will be entered into.

7. Unless otherwise specified in Competition Details, winner(s) will be notified by Instagram direct message and/or email within two (2) business days of the draw. Each entrant consents to the Promoter publishing details of the winner(s) or winning entry/ies on its website and social media channels.

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. 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.

10. Prize(s), or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified. Prizes and all elements of prizes must be taken as specified, as and when offered and cannot be altered or changed in any way by you or will be forfeited, and if forfeited, the Promoter will not be liable. If you forfeit the prize or any element of the prize for whatever reason, you will not be given cash or any alternative prize as a substitute. Prize/s are subject to any additional terms and conditions imposed by the relevant supplier or the Promoter.

11. Entrants agree that they are fully responsible for any materials they submit via the Competition 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 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, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication; (b) their Content shall not contain viruses or cause injury or harm to any person or entity; (c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content; (d) they will obtain full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, and the Content does not infringe the rights of any third party; (e) 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) and warrant that they have the full authority to grant these rights; and (f) 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 for any breach of the above terms.

12. If any dispute arises between you and the Promoter concerning the conduct of this competition or claiming a prize, the Promoter will take reasonable steps to consider your point of view, taking into account any facts or evidence you put forward, and to respond to it fairly within a reasonable time. In all other respects, the Promoter's decision in connection with all aspects of this competition is final.

13. If this Competition 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.

14. The Promoter makes no warranties or representations about the fitness for purpose or suitability of any prize and will not accept responsibility for the fitness for any purpose of any prize. If liability under terms implied by legislation cannot be excluded by the Promoter, the liability of the Promoter is limited to re-supplying the relevant goods or paying the cost of replacing them.

15. 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 Competition.

16. 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 a winner or entrant; or (f) use of a prize.

17. Any information or material provided by entrants to the Promoter when entering the Competition will be used by the Promoter for the purpose of promoting the purpose of the Competition, conducting the Competition, administering the prizes and as otherwise specified in these Terms.

18. The Promoter collects personal information ("PI") in order to conduct the Competition and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers to award prizes, and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI in accordance with its Privacy Policy, which can be viewed at https://www.tweglobal.com/privacy. 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 PI to any entity outside of Australia.

19. Entry and continued participating in the Competition is dependent on entrants following and acting in accordance with the Instagram Rules, which can be found at http://instagram.com/about/legal/terms.

20. This Competition 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. Any questions, comments or complaints about this Competition 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 Competition (including taking/use of a prize), except for any liability which cannot be excluded by law.