Pernod Ricard Winemakers Pty Ltd Terms & Conditions of Sale



1. General

1.1. In these terms “Henry & Paul” means “Pernod Ricard Winemakers Pty Ltd trading as Henry & Paul” and “Customer” means the person, to whom Henry & Paul products are supplied.

1.2. These terms may be varied by Henry & Paul from time to time.

1.3 Purchases made through this site are made under South Australian Liquor Licence No 51405350.

 

2. Prices

2.1. The prices charged by Henry & Paul, are as set out in Henry & Paul’s applicable price list, and these prices may be altered at any time without notice.

2.2. Prices quoted include GST, all other taxes and duties but exclude freight and are in Australian dollars. 

 

3. Orders

3.1. When placing an order with Henry & Paul, you confirm that all the details that you have provided in completing the order and offer to purchase the Goods are true and correct.

3.2 It is a condition of purchase that you verify that you are 18 years of age or over. All orders are subject to acceptance by Henry & Paul.

3.3. Supply of products is subject to availability and to any order minimums and limits imposed in respect of a product by Henry & Paul. Henry & Paul may, in its sole discretion, waive the application of an order minimum or limit in respect of an order.

3.4. The Customer cannot cancel an order nor delay delivery once an order has been accepted without Henry & Paul’s consent.

3.5 Where an order for a wine vintage is not available, another vintage may be substituted.

3.6 All specials, promotions, clearances, offers and discounted items are subject to their specific terms and conditions and are whilst stocks last unless otherwise indicated.

 

4. Delivery

4.1. Products will be delivered to the address provided at time of check-out. The address provided cannot be a Henry & Paul site address including but not limited to the Dulwich; North Ryde or Rowland Flat sites. In the event a delivery is sent to a Henry & Paul site it will not be accepted for delivery and all additional costs involved with returning and/or re-shipping will be borne by the Customer (for the avoidance of doubt, if the order was originally sent free of shipping, a shipping fee will be applied for the return and re-shipping).

4.2 The freight cost will be provided at check-out.

4.3.  Risk in the products passes to the Customer upon delivery to the Customer.

4.4.  Henry & Paul may consign or ship products to the Customer in instalments at varying times.

4.5. Henry & Paul is not responsible for and does not accept liability for delay or non-delivery of products. In the case of late delivery, the Customer must accept goods delivered.

4.6 If you are not at the delivery address at the time of delivery your Goods may be left with a person at the delivery address who is 18 years or older but may be required to show proof of age. In the event nobody is at the delivery address who meets the criteria under these terms and conditions, a waiting card will be left in your mailbox. This card will advise the next steps required to obtain delivery of your order. Your order will not be left with person under the age of 18 years (proof of age may be required in the sole discretion of the delivery person or Henry & Paul). Henry & Paul cannot agree to unattended deliveries in any circumstances.

4.7 Orders are despatched Monday – Friday. If we are in stock of your item at time of picking, we aim to dispatch your order the next business day. We do not accept requests to delay dispatch.

4.8 Each order may only be sent to one delivery address. If you need to send products to more than one delivery address, you will need place a separate order for each delivery address. Once an order has been completed, addresses cannot be changed, please contact Customer Service with any queries or changes and they will try their best to accommodate you. Items may not be delivered to any worksites of Henry & Paul unless approved by Henry & Paul in its sole discretion.

 

5. Payment

5.1 Payment terms are - payment on order.

5.2 Henry & Paul accepts the following forms of payment online: - Visa and MasterCard.

5.3 Personal information (address, credit card number, account number, etc) is encrypted in an attempt to stop your information being intercepted or read by unauthorised person. However we do not warrant that our efforts will be successful.

5.4 Henry & Paul will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by anyone whose credit card is fraudulently used or is used in an unauthorised manner.

 

6. Returns

6.1. The Customer’s rights under the Australian Consumer Law are not affected by these terms and conditions, namely our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.

6.2. In the event your purchase is faulty, damaged, wrongly described or breaches a consumer guarantee we will refund your money or exchange the product upon presentation of your proof of purchase. If your purchase incurred a delivery fee, then we will cover the cost of delivery for the return (only when Henry & Paul is at fault, that is if the wrong product is delivered, there is a fault with the product (including any damage caused in transit) or Henry & Paul has breached a consumer guarantee. In all other circumstances, including change of mind, the delivery charge will be deducted from the refund to the consumer).

6.3. Unfortunately, you cannot amend an order after it has been placed nor can you amend/exchange/claim a refund on an item that is damaged by you. If in the event that you change your mind then please contact our Customer Service Team during business hours, exchanges are possible at Henry & Paul’s discretion. For exchange of a delivered product, additional delivery charges will be incurred at your expense. All change of mind returns must be in their original condition and packaging.

 

7. Website Content

7.1. Henry & Paul may make changes to the contents at this site, or to the products and services described in them, at any time without notice. The contents may be out of date, and Henry & Paul makes no commitment to update the contents.

7.2. Information published at this site refers to products and services in Australia.

 

8. Liability

8.1. Subject to any relevant statutory provision, these terms contain the entire agreement between Henry & Paul and the Customer on the subject matter and all representations, warranties and agreements (whether express or implied and whether statutory or otherwise) are expressly excluded and Henry & Paul’s liability is limited to the lesser of:

•  the cost of replacing the products; or

•  the cost of obtaining equivalent products.

8.2. Contents of the site do not constitute advice and should not be relied upon in making, or refraining from making, any decision.

8.3. To the extent permitted by law, Henry & Paul disclaims all liability (however arising) in connection with any loss and/or damage, arising out of or in connection with any use of, or inability to use, all or any part of the content, the site and/or any website to which the site is linked, or any action taken (or refrained from being taken) as a result of using any of these.

8.4. Henry & Paul will not be liable in any circumstances to the Customer for consequential damages.

 

9. Third Party Sites

This website may contain links to third party sites. The links do not indicate any endorsement of Henry & Paul of the site or the products or services provided at those sites. The Customer accesses those sites and use the products and services made available at those sites solely at their own risk.

 

10. Promotional Vouchers

Promotional vouchers cannot be exchanged for cash, used in conjunction with one another, re-used on another transaction, or partially used across multiple orders.

 

11. On-Supply of Products

11.1. The Customer must not sell; solicit sales of Henry & Paul products.

11.2. The Customer must indemnify Henry & Paul against all claims, actions, liabilities, charges, expenses, losses damages and  costs (whether incurred by or awarded against Henry & Paul) arising out of or in connection with a breach of clause 11.1 by the Customer.

 

12. Henry & Paul Membership

12.1.     By completing a member application form and becoming a member of Henry & Paul, the Customer acknowledges that they are aware of these terms and that all transactions conducted with Henry & Paul will be subject to these terms only. The Customer may only access the Henry & Paul website and purchase form Henry & Paul if you are a member in accordance with these terms and you complete the application form.

12.2        Eligibility 

a.         you must be eighteen years of age and you must be able to form a legally binding contract under applicable law to become a member and place orders with Henry & Paul; and

b.         you must be an employee of Henry & Paul; or nominated for membership by an employee of Henry & Paul; or be invited by Henry & Paul in Henry & Paul’s sole discretion. If at any time you are no longer an employee of Henry & Paul; or the person who nominated you no longer is an employee of Henry & Paul or Henry & Paul decides to terminate your membership in its sole discretion, your membership will be revoked; and

c.         you must not be an employee; officer of; or a direct relative of an employee or officer of, a competitor of Henry & Paul (producer or distributor of wine, champagne and/or spirits)  or a liquor retailer (online or otherwise).  It at any time any of the circumstances of this paragraph (c) apply to the Customer they must immediately notify Henry & Paul.

d.         Henry & Paul reserve the right to reject any application for membership and also reserves the right to terminate any membership at any time and in doing so will not be required to provide any reasons.

e.         In Henry & Paul’s sole discretion membership may be granted outside of the eligibility requirements above.

 

12.3      Membership to Henry & Paul is free and there is no further commitments or obligations, of course we encourage Customer to make purchases of our products and engage in other opportunities that may be made available from time to time.

 

12.4      Henry & Paul grants you a single, non-exclusive, limited personal licence to access and use its website conditioned on your continued compliance with the terms. You may not transfer or share your right to access or use of the website.

 

12.5      The Henry & Paul website is an exclusive community. In order to protect the exclusivity of our community, members cannot invite others to become members, further they are restricted from publicly advertising access to the website by any form of media unless expressly authorised in writing by Henry & Paul.

 

12.6      Customers who register for an account acknowledge and agree that Henry & Paul may email, post or include in any delivery of Goods, special offers from Henry & Paul or on behalf of third parties. You can opt out of receiving email and post special offers by contacting Customer Service. Our Privacy Policy can be found here.

 

12.7.    The Customer is responsible for maintaining the confidentiality of their password and or access code (“Password”) and they will be liable for any breach of privacy arising from unauthorised access to the site caused by or connected with the disclosure of the email address and/or password. The Customer is further responsible for all fees and charged incurred on the account arising from access to the account due to this.

 

12.8      Customers are considered to have the authority of the person who owns or controls access to the email address provided by such Customer.

 

13. Responsible Service of Alcohol

Henry & Paul supports the responsible service and consumption of alcohol and recommends that alcohol be enjoyed in moderation. It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years. The Customer therefore warrants that you are 18 years or over of age; and that any person that you are obtaining the products for is also 18 years or over.

 

14. Applicable Law

These terms are governed by and construed in accordance with the laws of the state of South Australia and are subject to the non-exclusive jurisdiction of the courts of South Australia.

15. Promotions

 Staff products are excluded from all sales and promotions unless stipulated otherwise. 

Markdown Sale

*Products are marked with sale icon. Product price reflects new markdown price. 

WIN A VINTEC FRIDGE – HENRY & PAUL

TRADE PROMOTION

ABBREVIATED TERMS & CONDITIONS OF ENTRY

Promotion Period: 15/12/20 – 31/1/21. Open to AU res. 18+. To enter, entrants must purchase any product from https://www.henryandpaul.com.au/. 1 entry per order purchased. The prize is 1x Vintec 35 bottle single zone wine cabinet fridge, valued at $1,049 each. Draw: 2/2/21 at 12pm AEST. Winner will be notified within 2 business days of the draw. The Promoter’s decision is final & no correspondence will be entered into. The Promoter is Pernod Ricard Winemakers Pty Ltd (ABN 75 007 870 046) of 167 Fullarton Rd, Dulwich SA 5065, Ph (02) 8874 8210. Full T&Cs at Website. Permit Numbers: NSW Permit No. TP/00049, ACT Permit No. TP 20/00556

WIN A VINTEC FRIDGE – HENRY & PAUL

TRADE PROMOTION

TERMS & CONDITIONS OF ENTRY

Schedule to Terms & Conditions

Eligible Entrants

Residency

Age

Special Conditions

 

Australian residents

18+ years old

Entry Mechanism

During the Promotion Period, entrants must, purchase a Participating Product from

https://www.henryandpaul.com.au.

 

Entrants should retain Receipt until verified by the Promoter.

Participating Products

Any product  

Entry Limit

One (1) entry per order

Promotion Period:-

Commencement Time

Commencement Date

Close Time

Close Date

 

09:00 AEST

15 December 2020

11:59pm AEST

31 January 2021

Nominated Business

Promoter

Draw Date

2 February 2021

Draw Time

12:00pm (noon) AEST

Prize

1x Vintec 35 bottle single zone wine cabinet fridge.

Total Prize Value

$1,049

Approved Notification Method

Telephone call and e-mail.

Prize Delivery Method

The Promoter will notify the winner by phone and email. 

Prize Delivery Date

Sixty (60) days from when winner confirms their postal address.

Re-Draw Date

2 May 2021

Re-Draw Time

12:00pm (noon) AEST

Re-Draw Notification Method

Telephone call and e-mail.

Special Conditions

All additional costs not expressly stated but which may be incurred in acceptance and use of the Prize is the responsibility of the winners. 

 

Promoter Contact Number

(02) 8874 8210

Permit Number

NSW Permit No. TP/00049, ACT Permit No. TP 20/00556

 

Terms & Conditions

  1. Information on how to enter and prizes forms part of these conditions. By participating, entrants agree to be bound by these conditions.  Entries must comply with these conditions to be valid. For the avoidance of doubt the Schedule to the Terms & Conditions forms part of these conditions.
  2. Entry is open to Eligible Entrants.  The directors, management and employees (and their immediate families) of the Promoter, its related entities, printers, suppliers, providers and agencies whom are directly associated with the conduct of this promotion; and any retailer activating the promotion are ineligible to enter the promotion.
  3. To enter the promotion, eligible entrants must, complete the Entry Mechanism during the Promotion Period.
  4. The Entry Limit applies to entries.
  5. The Promoter accepts no responsibility for late, lost or misdirected entries. Incomplete, ineligible or incomprehensible entries will be deemed invalid.  Entries must be submitted in the manner required and received by the Promoter during the promotional period. Entries received will be considered final by the Promoter. Late entries will not be accepted.
  6. Promotion commences at the Commencement Time on the Commencement Date and closes at the Close Time on the Close Date. The draw will take place at the Nominated Business at the Draw Time (local time) on the Draw Date. The Promoter’s decision is final and no correspondence will be entered into.
  7. The Prize must be taken as offered and cannot be varied. Prizes are not transferable or exchangeable and cannot be taken as cash. Any change in the value of a prize between the publishing date and the date the prize is claimed is not the responsibility of the Promoter. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings.  Independent financial advice should be sought. All warranty claims in respect of the prizes must be directed towards the applicable manufacturer and not the Promoter.
  8. The Winner will be notified in writing by the Approved Notification.
  9. Prizes will be delivered to winners by the Prize Delivery Method by the Prize Delivery Date. The Promoter and its agents associated with this promotion take no responsibility for a prize (or part of a prize) damaged or lost in transit (if relevant).
  10. The Promoter encourages the responsible use of the Prize(s), in accordance with applicable State legislation.
  11. If for any reason a prize, or any part of a prize becomes unavailable for any reason beyond the Promoter’s reasonable control, the Promoter reserves the right to substitute the prize (or part thereof) for an alternative prize to the same value of the original prize value, subject to any written directions made under applicable State or Territory legislation.
  12. Entrants must only enter in their own name. The Promoter reserves the right to request the winner(s) to produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm their identity, age, residency, eligibility to enter and claim a prize and any information submitted by the entrant in entering the promotion before issuing a prize. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or the winning entrant has not been verified or validated to the Promoter’s satisfaction within the time requested, that winner’s entry will become invalid. Proof of identification, residency and entry considered suitable for verification is at the sole discretion of the Promoter. The prize(s) will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion. In the event that a prize winner cannot provide suitable proof, the relevant prize will be forfeited and no substitute will be offered.
  13. The Promoter may conduct such further draws as are necessary (including a second chance draw) at the same place as the original prize draws on Re-Draw Date at the Re-Draw Time (AEST) in order to distribute any prizes forfeited or unclaimed by that time in respect of those draws, subject to any written directions given under applicable State legislation.
  14. The Winner(s) of any unclaimed prize draw will be notified by the Approved Notification. All reasonable steps to notify the winner of the results of any unclaimed prize draws will be taken by the Promoter.  The Promoter’s decision is final and no correspondence will be entered into.
  15. The draw will be conducted and scrutinised by an independent 3rd party supplier. 
  16. Where applicable, the Promoter reserves the right to refuse to allow the prize winner or any of their companions to take part in any or all aspects of the prize if the Promoter determines, in its absolute discretion, that the prize winner or any of their companions are not in the mental or physical condition necessary to be able safely to participate in the prize.
  17. No compensation will be payable if a winner, or their companions (if applicable) are unable to use any element of the prize as stated for whatever reason, including refusal of entry or ejection from the date locations or participation in certain activities for health, age, behaviour or safety reasons.  Any part of a prize that is not taken for any reason is forfeited.
  18. Liability: Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury, death; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where arising out of the following: (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.
  19. 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 because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion,  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.
  20. The Promoter and its associated agencies and companies are not responsible for any problems, delays or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a network or a mobile network or any combination thereof, or any other technical failures including any damage to entrant's or any other person's mobile handset,  computer or peripherals related to, or resulting from, participation in this promotion or the downloading of any materials related to this promotion.
  21. Entry and continued participation in this promotion is subject to the licensee’s liquor serving policy.
  22. Right to verify: The Promoter reserves the right to verify the validity of entries and reserves the right to disqualify any entrant for tampering with the entry process or for submitting an entry which is not in accordance with these conditions of entry, or if the entrant is engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion.  The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
  23. Any entry that contains content that the Promoter, in its sole discretion, considers to be offensive or inappropriate in any way or that the Promoter considers, in its sole discretion, to infringe any intellectual property rights or other rights of any person, corporation or entity, will be considered ineligible. The decision to accept or reject an entry is at the Promoter’s sole discretion and no correspondence will be entered into.
  24. The Promoter will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion if the deficiency is occasioned by any cause outside the reasonable control of the Promoter. 
  25. Caution: any attempt to deliberately undermine the legitimate operation of this promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these conditions of entry or any other legal obligation by an entrant, the entrant agrees to indemnify the promoter for those losses, damages and costs.
  26. The Promoter reserves the right to resolve any discrepancies, disputes or otherwise unforeseen circumstances as it deems fit and its decision will be final and binding upon every entrant.  No correspondence will be entered into.
  27. Consent: As a condition of entering this promotion, entrants consent to the Promoter using the entrant's name, likeness, image and/or voice in the event they are a winner of a draw (including photograph, film and/or recording of the same) in any media for an unlimited period of time without remuneration or compensation for the purpose of promoting, publicising or marketing this promotion (including any outcome), and promoting any products or services manufactured, distributed and/or supplied by the Promoter. The winner(s) agree to participate in all reasonable promoted activities in relation to this promotion as requested by the Promoter and its agents.
  28. As a condition of accepting the prize, the winner (and his/her companion(s), if applicable) may be required to 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. All entries and any copyright subsisting in the entries become and remain the property of the Promoter. 
  30. Your Personal Information is being collected by the Promoter to include entrants in the promotion and where appropriate award prizes. If you fail to provide the Personal Information that is being requested you may not be able to enter this trade promotion, receive a prize, deal with your complaint or receive marketing information (as applicable). The Promoter may also share your Personal Information with other companies or individuals who assist us in providing products or services or who perform functions on its behalf (such as direct marketing companies, mailing houses, consultants and service providers).  If the Promoter is to disclose information to an overseas recipient it is likely to be to one of the countries identified in its Privacy Policy. The Privacy Policy explains how you may seek correction to Personal Information the Promoter holds and how to make a complaint and is available at www.pernod-ricard-winemakers.com.
  31. All entries are subject to the Special Conditions.
  32. The Promoter supports responsible consumption and recommends that alcohol be enjoyed in moderation.  Please do not drink and drive.
  33. The Promoter is Pernod Ricard Winemakers Pty Ltd (ABN: 75 007 870 046) of 167 Fullarton Road Dulwich SA 5065. The Promoter can also be contacted at the Promoter Contact Number.
  34. This Promotion is authorised under the Permit Number(s).


WIN A SUNNYLIFE PACK – HENRY & PAUL TRADE PROMOTION

TERMS & CONDITIONS OF ENTRY

Schedule to Terms & Conditions


Eligible Entrants

Residency

Age

Special conditions

Australian residents

18+ years old

Entry Mechanism

During the Promotion Period, entrants must, complete the complete survey from

https://project.tolunastart.com/s/Hf4p7P2 

 

Entry Limit

One (1) entry per survey completion

Promotion Period:-

Commencement Time

Commencement Date

Close Time

Close Date

 

09:00 AEST

18 February  2021

11:59pm AEST

4 March 2021

Nominated Business

Promoter

Draw Date

19 March 2021

Draw Time

12:00pm (noon) AEST

Prize

Sunnylife beach umbrella, beach seat, beach towel, cooler bag, cooler tote and beach bats.

Total Prize Value

$449.95

Approved Notification Method

E-mail & Telephone

Prize Delivery Method

The Promoter will notify the winner by phone and email. 

Prize Delivery Date

Sixty (60) days from when winner confirms their postal address.

Re-Draw Date

15 April 2021

Re-Draw Time

12:00pm (noon) AEST

Re-Draw Notification Method

Telephone call and e-mail.

Special Conditions

All additional costs not expressly stated but which may be incurred in acceptance and use of the Prize is the responsibility of the winners. 

 

Promoter Contact Number

(02) 8874 8210

Permit Number

NSW Permit No. TP/00049, ACT Permit No. TP 20/00556

 Terms & Conditions

  1. Information on how to enter and prizes forms part of these conditions. By participating, entrants agree to be bound by these conditions.  Entries must comply with these conditions to be valid. For the avoidance of doubt the Schedule to the Terms & Conditions forms part of these conditions.
  2. Entry is open to Eligible Entrants.  The directors, management and employees (and their immediate families) of the Promoter, its related entities, printers, suppliers, providers and agencies whom are directly associated with the conduct of this promotion; and any manufacturer/retailer activating the promotion and the management of their benefiting organisations are eligible to enter the promotion. 
  3. To enter the promotion, eligible entrants must, complete the Entry Mechanism during the Promotion Period.
  4.  The Entry Limit applies to entries.
  5. The Promoter accepts no responsibility for late, lost or misdirected entries. Incomplete, ineligible or incomprehensible entries will be deemed invalid.  Entries must be submitted in the manner required and received by the Promoter during the promotional period. Entries received will be considered final by the Promoter. Late entries will not be accepted.
  6. Promotion commences at the Commencement Time on the Commencement Date and closes at the Close Time on the Close Date. The draw will take place at the Nominated Business at the Draw Time (local time) on the Draw Date. The Promoter’s decision is final and no correspondence will be entered into.
  7. The Prize must be taken as offered and cannot be varied. Prizes are not transferable or exchangeable and cannot be taken as cash. Any change in the value of a prize between the publishing date and the date the prize is claimed is not the responsibility of the Promoter. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings.  Independent financial advice should be sought. All warranty claims in respect of the prizes must be directed towards the applicable manufacturer and not the Promoter.
  8. The Winner will be notified in writing by the Approved Notification.
  9. Prizes will be delivered to winners by the Prize Delivery Method by the Prize Delivery Date. The Promoter and its agents associated with this promotion take no responsibility for a prize (or part of a prize) damaged or lost in transit (if relevant).
  10. The Promoter encourages the responsible use of the Prize(s), in accordance with applicable State legislation.
  11. If for any reason a prize, or any part of a prize becomes unavailable for any reason beyond the Promoter’s reasonable control, the Promoter reserves the right to substitute the prize (or part thereof) for an alternative prize to the same value of the original prize value, subject to any written directions made under applicable State or Territory legislation.
  12. Entrants must only enter in their own name. The Promoter reserves the right to request the winner(s) to produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm their identity, age, residency, eligibility to enter and claim a prize and any information submitted by the entrant in entering the promotion before issuing a prize. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or the winning entrant has not been verified or validated to the Promoter’s satisfaction within the time requested, that winner’s entry will become invalid. Proof of identification, residency and entry considered suitable for verification is at the sole discretion of the Promoter. The prize(s) will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion. In the event that a prize winner cannot provide suitable proof, the relevant prize will be forfeited and no substitute will be offered.
  13. If there is no Prize Winner or the Prize Winner cannot be found, the Promoter will publish it.  
  14. The Promoter may conduct such further draws as are necessary (including a second chance draw) at the same place as the original prize draws on Re-Draw Date at the Re-Draw Time (AEST) in order to distribute any prizes forfeited or unclaimed by that time in respect of those draws, subject to any written directions given under applicable State legislation.
  15. The Winner(s) of any unclaimed prize draw will be notified by the Approved Notification. All reasonable steps to notify the winner of the results of any unclaimed prize draws will be taken by the Promoter.  The Promoter’s decision is final and no correspondence will be entered into
  16. Where applicable, the Promoter reserves the right to request that the prize winner of any of their companions obtain certification from a medical professional that they are in the mental or physical condition necessary to be able to safely participate in the prize. If the prize winner or any of their companions is unable to provide such certification, the Promoter reserves the right to  refuse to allow the prize winner or any of their companions to take part in any or all aspects of the prize.
  17. No compensation will be payable if a winner, or their companions (if applicable) are unable to use any element of the prize as stated for whatever reason, including refusal of entry or ejection from the date locations or participation in certain activities for health, age, behaviour or safety reasons.  Any part of a prize that is not taken for any reason is forfeited.
  18. Liability: Except for any liability that cannot be excluded by law, the Promoter (including its 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, including, but not limited to, where arising out of the following: (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.
  19. 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 because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion,  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.
  20. The Promoter and its associated agencies and companies are not responsible for any problems, delays or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a network or a mobile network or any combination thereof, or any other technical failures including any damage to entrant's or any other person's mobile handset,  computer or peripherals related to, or resulting from, participation in this promotion or the downloading of any materials related to this promotion.
  21. Entry and continued participation in this promotion is subject to the licensee’s liquor serving policy.
  22. Right to verify: The Promoter reserves the right to verify the validity of entries and reserves the right to disqualify any entrant for tampering with the entry process or for submitting an entry which is not in accordance with these conditions of entry, or if the entrant is engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion.  The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
  23. Any entry that contains content that the Promoter, in its sole discretion, considers to be offensive or inappropriate in any way or that the Promoter considers, in its sole discretion, to infringe any intellectual property rights or other rights of any person, corporation or entity, will be considered ineligible. The decision to accept or reject an entry is at the Promoter’s sole discretion and no correspondence will be entered into.
  24. The Promoter will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion if the deficiency is occasioned by any cause outside the reasonable control of the Promoter. 
  25. Dispute: If any dispute arises about the conduct of the promotion or the claiming of the prize, the claimant may give written notice to the Promoter giving details of the nature of the dispute and the circumstances giving rise to the dispute. The Promoter will attempt in good faith to reach a settlement as soon as possible. Should agreement not be reached and if the parties agree, they will refer the dispute for mediation.
  26. Caution: any attempt to deliberately undermine the legitimate operation of this promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these conditions of entry or any other legal obligation by an entrant, the entrant agrees to indemnify the promoter for those losses, damages and costs.
  27. Consent: As a condition of entering this promotion, entrants consent to the Promoter using the entrant's name, likeness, image and/or voice in the event they are a winner of a draw (including photograph, film and/or recording of the same) in any media for an unlimited period of time without remuneration or compensation for the purpose of promoting, publicising or marketing this promotion (including any outcome), and promoting any products or services manufactured, distributed and/or supplied by the Promoter. The winner(s) agree to participate in all reasonable promoted activities in relation to this promotion as requested by the Promoter and its agents.
  28. As a condition of accepting the prize, the winner (and his/her companion(s), if applicable) may be required to 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. All entries and any copyright subsisting in the entries become and remain the property of the Promoter. 
  30. Your Personal Information is being collected by the Promoter to include entrants in the promotion and where appropriate award prizes. If you fail to provide the Personal Information that is being requested you may not be able to enter this trade promotion, receive a prize, deal with your complaint or receive marketing information (as applicable). The Promoter may also share your Personal Information with other companies or individuals who assist us in providing products or services or who perform functions on its behalf (such as direct marking companies, mailing houses, consultants and service providers).  If the Promoter is to disclose information to an overseas recipient it is likely to be to one of the countries identified in its Privacy Policy. The Privacy Policy explains how you may seek correction to Personal Information the Promoter holds and how to make a complaint and is available at www.pernod-ricard-winemakers.com.
  31. All entries are subject to the Special Conditions.
  32. The Promoter supports responsible consumption and recommends that alcohol be enjoyed in moderation.
  33. The Promoter is Pernod Ricard Winemakers Pty Ltd (ABN: 75 007 870 046) of 167 Fullarton Road Dulwich SA 5065. The Promoter can also be contacted at the Promoter Contact Number.
  34. This Promotion is authorised under the Permit Number(s).