TERMS & CONDITIONS
The Lost Shipment
PromoterDevil’s Corner (ABN 56 005 349 235), 9 Clifton St, Richmond, Victoria, 3121, Australia
Competition Period12.01am (AEDT) on 24/02/2020 to 11.59pm (AEST) on 26/05/2020
Who can enter?Only Australian residents who:
(a) are aged 18 or over; and
(b) can take the major prize on a date to be agreed between the winner and the Promoter prior to 29/05/2021.
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.
Where will be the competition run?
The competition will run in participating liquor licensed outlets which are stocking specially marked products (Outlets) in Australia.
The Outlets include the online stores of participating Outlets.
Any specially marked 750ml bottle of Devil’s Corner from an Outlet.
To enter, you must, during the Competition Period after making a Qualifying Purchase from an Outlet and collecting your itemised purchase receipt:
(a) locate the unique code/s on the neck tag of the Qualifying Purchase product/s; and
(b) visit the Website, locate the entry page and fill out and submit the online entry form, including by uploading an image of the Qualifying Purchase receipt, providing the unique code/s, and providing all other requested information to see if you have provisionally won an instant prize.
If you have not won an instant prize you will be entered automatically into the second chance draw, so keep your receipt.
All entries will be automatically entered into the major draw.
Your purchase receipt must clearly identify where the Qualifying Purchase was made, the product/s purchased (which must be a Qualifying Purchase) and the date of purchase (which must be during the Competition Period before you submitted your entry).
The Promoter is not responsible if your mobile device/desktop is not sufficiently capable for the purpose of submitting an entry, including having the requisite photograph capability.
How are instant win prize/s awarded?
There are 21,744 instant win prizes to be awarded based on pre-determined winning codes during the Competition Period.
You will get a return online message acknowledging your entry and informing you if you have provisionally won a prize and if so, details on how to verify your entry and claim your prize.
How many winners will there be and how will they be chosen?
There will be 21,745 winners determined in respect of this competition – 21,744 instant winners and 1 major winner.
The major draw will be held at 12pm (AEDT) on 29/05/2020 at 80 Market St, Southbank VIC, 3006.
The first valid entry drawn randomly from the entries received during the Competition Period (including instant winning entries) will win the major prize.
The Promoter may draw additional reserve entries in a draw and record them in order, in case a winning entry/entrant is deemed invalid or a prize is unclaimed (Reserve Entrants).
What can I win?
There are 21,745 prizes available – 21,744 instant win prizes and 1 major prizes.
Instant win prizes
The instant win prizes available are as follows:
|Total number available||Prize||Value (each)||Total value|
|10||Year Supply of Wine - 1 case of wine (6 bottles) of wine per month for 12 months||$1,632||$16,320|
|67||$50 Jetstar voucher||$50||$3,350|
|21,667||$20 Retail Gift Voucher or E-Voucher (Dan Murphys, BWS, Liquorland or generic) - Voucher awarded based on store purchased if applicable, otherwise will receive generic.||$20||$433,340|
The Promoter must follow the NSW regulations that state only a maximum of 20L of alcohol can be awarded in an entire promotion. To ensure the 20L limit in NSW is not exceeded, if the Year Supply of Wine winner resides in NSW, once they receive up to 26 bottles of wine they will be offered an alternative non-alcoholic prize (as selected by the Promoter) to the equivalent value of the balance of the original prize.
The Promoter must also follow NT regulations that state alcohol cannot form the principle part of a prize. To ensure this is complied with, if the Year Supply of Wine winner resides in NT they will be offered an alternative non-alcoholic prize (as selected by the Promoter) to the equivalent value of the original prize.
The major prize is a Tasmanian Private Island Experience on a date to be agreed prior to 29/05/2021, valued at up to $15,000 depending on the winner’s point of departure. The major prize must be booked within 1 month of the date the winner successfully claimed the prize and were verified as the valid winner. The major prize must be booked at least 60 days prior to intended travel departure. Blackout periods may apply.
See "Travel prize" section below for further prize details.
If you win the major prize, your prize will be a trip for you and 1 adult companion to Tasmania (on a date to be agreed prior to 29/05/2021) which includes the following for you and your companion:
(a) return economy airfares (including airfare taxes) from your nearest Australian capital city to Hobart (flights and transfers are not included if you live in Tasmania, and if so, you and your companion must make your own way to and from Hobart airport (to collect the rental car) at your own cost);
(b) 5 nights' accommodation (as determined by the Promoter), consisting of 1 night' accomodation in Hobart (twin or double share, min 4 star), 2 nights' accomodation on Satelitte Island (including ferry transfer) and 2 nights' accomodation in Freycinet;
(c) 6 day car hire (as determined by the Promoter) – pick up and drop off at Hobart airport and subject to rental car conditions;
(d) private Devil's Corner dining experience on Satelittle Island;
(e) Devil's Corner vineyard experience (as determined by the Promoter).
By accepting or participating in any prize, your companion accepts these Terms and Conditions.
Total prize pool
The total instant prize pool is $453,010.
The overall total prize pool is up to $468,010.
How many times can I enter?
You can enter up to 2 times per day but only up to 10 times throughout the Competition Period, provided you only enter once per Qualifying Purchase and per unique code. Each entry must be submitted separately in accordance with these Terms and Conditions.
How and when will the winner/s be informed?
All winners will be notified in writing by email within two days of determination. Major winners will also be contacted via phone.
The Major winner and winner/s of the Year Supply of Wine prize will have their name and state/territory of residence published on the Website on 04/06/2020 for a period of 28 days.
For the avoidance of doubt, the winner/s of the Year Supply of Wine prize will have the first case of wine (6 bottles) delivered to the address nominated at their time of entry within 30 days days of being notified of winning their prize (at the Promoter's cost). The winner/s of the Jetstar voucher and Retail gift voucher will have this sent to the email address nominated at their time of entry within 30 days of being notified of winning their prize.
Proof of purchase
You must keep the following as proof of purchase for all entries:
- original itemised purchase receipt(s); and
- unique code/s.
If you don't produce the above proof of purchase for all entries when asked the Promoter may disqualify all of your entries and you will lose any right to a prize.
Proof of purchase must be identical to that provided by you with your entry.
If, in the Promoter's opinion, you have shared any proof of purchase with another person, your entries will be invalid and you will lose any right to a prize.
Second chance draw
If you are not an instant winner, you will receive an automatic entry into the second chance draw.
If any instant win prize valued at $25 or over is un-won or not claimed by the end of the Competition Period, a second chance draw will be held at 12pm (AEDT) on 02/06/2020 at 80 Market St, Southbank VIC, 3006.
Each un-won or unclaimed prize valued at $25 or over will be distributed to the next valid entry that (if possible) has not already won an un-won or unclaimed prize randomly drawn in descending order of value until all un-won and unclaimed prizes valued at $25 or over are awarded. Any winner/s will be informed in writing by email within two days of determination. Any winner/s of the Year Supply of Wine prize will have their name and state/territory of residence published on the Website on 03/06/2020 or a period of 28 days.
Unclaimed prize/sPrize claim date: 12pm (AEDT) on 02/09/2020
Unclaimed prize determination: 12.30pm (AEDT) on 02/09/2020 at the same location as the major draw.
If a prize has not been accepted or claimed by the prize claim date above or if, after making all reasonable attempts, the Promoter can't contact a winner (or a winner does not contact the Promoter) by the prize claim date above, the relevant entry/ies will be discarded and the Promoter will carry out an unclaimed prize draw at the date, time and place stated above to randomly distribute the prize/s in descending order of value amongst valid entrants who (if possible) have not already won an unclaimed prize. Any winner/s will be informed in writing by email within two days of determination. Any major winner will also be contacted by phone.
Any major winner or Year Supply of Wine winner/s will have their name and state/territory of residence published on the Website on 07/09/2020 for a period of 28 days.
Collection and use of your personal information
If you are a winner, you and (if applicable) your companion must take part in all publicity, photography and other promotional activity as the Promoter requires, without any compensation. You/your companion consent to the Promoter using your name/s and image/s in any promotional or advertising activity.
The Promoter may collect your/your companion's personal information directly or through its agents or contractors. The Promoter will use your/your companion's personal information to conduct and manage the competition. The Promoter may disclose your/your companion's personal information to its related companies, agents and contractors to assist in conducting this competition, communicating with you/your companions or storing data.
By entering, you consent to the Promoter keeping your personal information on its database to use for future marketing purposes, including contacting you by electronic messaging. By entering, you consent to receive email or SMS messages from the Promoter without any functional unsubscribe facility.
how to seek access to the personal information the Promoter holds about you and seek correction of the information; and
how to complain about a privacy breach and how the Promoter will deal with such a complaint.
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: https://www.nhmrc.gov.au/file/1641/download?token=1O3AafPu. If this competition is conducted in NSW, see also the NSW Liquor Competition Guidelines and Intoxication Guidelines at https://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.
All advertising material for this competition will include a message regarding responsible consumption of alcohol.
ACT Permit No. ACT TP 20/00112
SA Licence No. SA T20/110
NSW Permit No. NSW LTPS/20/41657
1 These Terms and Conditions incorporate and must be read together with the details outlined in the table above. Information about prizes and how to enter forms part of these Terms and Conditions. By entering, you accept these Terms and Conditions.
2 Your entry must be received during the Competition Period and will be deemed to be received only when received by the Promoter. If you return a Qualifying Purchase your entry may be deemed invalid at the Promoter's discretion (unless the product is defective). You will receive a return message confirming your entry. The Promoter is not liable for any problems with communications networks. You are responsible for your own costs associated with entering. If you enter using automatically generated entries or multiple phone numbers/email addresses/addresses/aliases, you may be disqualified.
3 Prize/s and all elements of prize/s must be taken as and when offered or will be forfeited, and if forfeited, the Promoter will not be liable. Prize/s are subject to any additional terms and conditions imposed by the relevant supplier or the Promoter, including, as relevant:
(a) validity period/s;
(b) booking and availability of flights, accommodation and events;
(c) conditions of travel and conditions of entry into any event venues (including behaviour requirements and applicable dress codes);
(d) conditions of ticket validity and any restrictions on ticket on-sale or transfer;
(e) travel dates and specified travel exclusion periods;
(f) any additional fees (payable by you) relating to changes made by you/your companion to a travel/event prize after it has been booked; and
(g) a requirement to present your credit card when checking in to accommodation
4 You/your companion/s are responsible for all other unspecified costs related to the prize, including meals, transport, insurance (including excesses), in-room charges, additional taxes, mobile or data plans, installation costs, costs associated with ongoing use of the prize, etc. Event tickets can only be used once and will be deemed invalid if copied. The Promoter does not control entry to the relevant event location. The winner/s must keep their tickets safe and the Promoter will not replace lost or stolen tickets.
5 The Promoter is not responsible for any dispute between you and any person with whom you choose to, or choose not to, share the prize.
6 Where relevant, the Promoter accepts no responsibility if one or more of the events or activities awarded as part of the prize are abandoned, called off or postponed for any reason. In that case you/your companion/s forfeit your entitlement to that event/activity. Unless otherwise specified by the Promoter, you will not be given cash or any alternative prize as a substitute for this altered prize element.
7 You companion must meet all the rental conditions for car hire as prescribed by the car rental company, for example (including but not limited to) minimum driver age must be 25 years or older and maximum driver age is 85 years of age and the nominated driver must have held a full licence for at least 1 year, etc. If you don't meet the criteria (e.g. suspended licence), you must nominate an adult companion to attend the major prize with you who meets the car rental company’s requirements and the adult companion must be the nominated driver on the rental agreement.
8 Any failure by you or (if applicable) your companion/s to comply with the conditions imposed by the prize supplier(s) may result in the prize being cancelled or withdrawn without liability for the Promoter or the prize supplier(s).
9 For event-based/travel prizes, you and (if applicable) your companion/s accept that some aspects of the prize may be inherently risky and that the prize may involve dangerous activities.
10 If specified, in order to participate in the activity/activities awarded as part of the prize, you/your companion/s must comply with any applicable conditions (e.g. height, weight, health and fitness requirements). You must ensure that you/your companion/s are healthy and fit enough to take the prize. You/your companion/s must follow all requirements of the people responsible for managing the relevant activity/ies.
11 You/your companion agree that you will not sell or otherwise provide your Instagram story and/or photographs to any media or other organisation apart from the Promoter or 33 Degrees.
12 You/your companion/s must, if required by the Promoter, sign disclaimer and release forms provided by the Promoter in favour of the Promoter and other parties before taking the prize. If you or any companion/s do not sign, your entry will be deemed invalid and you will lose any entitlement to a prize.
13 If you or your entry are deemed by the Promoter to breach these Terms and Conditions including if the prize is on set dates and you are unable to take the prize on the relevant date/s, your entry (or at the Promoter's discretion, all of your entries) may be discarded. The Promoter may, at any time, require you to produce documentation to establish to the Promoter's satisfaction the validity of your entries (including documentation establishing your identity, age, place of residence and place of employment). Failure by the Promoter to enforce any of its rights at any stage does not waive those rights.
14 You must not:
(a) tamper with the entry process;
(b) engage in any conduct that may jeopardise the fair and proper conduct of the competition;
(c) act in a disruptive, annoying, threatening, abusive or harassing manner;
(d) do anything that may diminish the good name or reputation of the Promoter or any of its related entities or of the agencies or companies associated with this competition;
(e) breach any law; or
(f) behave in a way that is otherwise inappropriate.
15 If companion/s can take the prize with you, you are responsible for your companion/s and the Promoter may disqualify all entries from, and prohibit further participation in this competition by, you or any or all of your companion/s if they breach these conditions, whether or not legally bound by them.
16 If you (or your companion/s, if applicable), in the opinion of the Promoter (and/or a medical professional, as relevant to the circumstances), are intoxicated, under the influence of alcohol or any other drug, behave aggressively or offensively, or behave in a manner which may diminish the good name or reputation of the Promoter or any of its related entities or the agencies or companies associated with this competition, is contrary to law or is otherwise inappropriate, the Promoter may cancel the prize or restrict you (and your companion/s) from participating in any elements of the prize, at its discretion.
17 The Promoter is not liable for entries, prize claims or correspondence that are misplaced, misdirected, delayed, lost, incomplete, illegible or incorrectly submitted including failure of any third parties to forward entry forms for inclusion in the draw, where relevant.
18 The Promoter’s decision in connection with all aspects of this competition is final.
19 Prizes cannot be transferred or exchanged nor (except where cash is specified) redeemed for cash. Without limiting any other term of these Terms and Conditions, all prizes (and elements of prizes) must be taken as and when specified, or will be forfeited with no replacement. The prize values are correct as at the date of preparing these Terms and Conditions and include any applicable GST. The Promoter is not responsible for any change in prize value. You agree that if a prize (or element of a prize) is unavailable for any reason the Promoter may provide another item of equal or higher value, subject to any necessary approval by the state/territory gaming authorities.
20 If publication will take place, by entering, you request that your full address not be published.
21 Where relevant for instant win promotions, printing and other quality control errors outside the Promoter’s control will not invalidate an otherwise valid prize claim. Every instant win prize claim in excess of the advertised prize pool will be honoured, unless the claim is rejected due to fraud or ineligibility under these Terms and Conditions.
22 If this competition cannot run as planned for any reason beyond the Promoter's control, for example due to software, hardware or communications issues, unauthorised intervention, tampering, fraud or technical failure, the Promoter may end, change, suspend or cancel the competition or disqualify affected entries/entrants, subject to any necessary approval by the state/territory gaming authorities.
23 The Promoter is not responsible for any tax implications arising from you winning a prize. You should seek independent financial advice. If for GST purposes this competition results in any supply being made for non-monetary consideration, you must follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
24 Nothing in these Terms and Conditions restricts, excludes or modifies any consumer rights under any statute including the Competition and Consumer Act 2010 (Cth).
25 Subject to the previous paragraph, the Promoter and the agencies and companies associated with this competition are not liable (including in negligence) for any loss (including indirect, special or consequential loss or loss of profits), expense, damage, personal injury (including allergies, skin conditions or other reactions, as relevant), illness or death suffered in connection with this competition or any prize, except for any liability which under statute cannot be excluded (in which case that liability is limited to the greatest extent allowed by law).
26 Without limiting the previous paragraph, the Promoter and the agencies and companies associated with this competition are not liable for any loss of, damage to or delay in delivery of prize/s, or for any damage that occurs to displayed prize/s (where relevant). Unless otherwise specified, prize/s will only be delivered to addresses in Australia.
27 This competition is in no way sponsored, endorsed or administered by, or associated with any social media platform, including Facebook, Instagram and Twitter. You provide your information to the Promoter and not to any social media platform. You completely release any relevant social media platforms from any and all liability.