Terms & Conditions – Win Wine and Truffles Competition
June 2020
Who is running the competition? The Promoter is Holm Oak Vineyards (ABN 81 790 358 661), 11 West Bay Road (Highway C724), Rowella, Tasmania 7270 Phone: 03 6394 7577
When will the competition start and end? The competition starts on Sunday 14 June 2020, 7pm AEST and ends at Sunday 21 June 2020 11pm AEST (the Competition Period).
Who can enter? Only Australian residents aged 18 or over can enter.
Who can’t enter? 

Directors, officers, management and employees of:

(a)the Promoter; or
(b)the agencies or companies or participating outlets associated with this competition,

and their immediate families, can’t enter.

Where will the competition run?  The competition will run on Instagram.  This competition is in no way sponsored, endorsed or administered by, or associated with Instagram.
Do I need to buy anything to enter? No.
Entry instructions  To enter via Instagram, entrants must, during the Competition Period, follow the Holm Oak Instagram page (https://www.instagram.com/holmoak/) and the Tasmanian Truffles Instagram page (https://www.instagram.com/tasmanian_truffles/), like the competition Instagram post and comment on the competition Instagram post by naming two people they would want to share this prize with and why.
How many winners will there be and how will they be chosen?

There will be one winner. The winner will be selected based on their ability to provide the best answer.

The Promoter may draw additional reserve entries and record them in order, in case the winning entry/entrant is deemed invalid, or a prize is unclaimed (Reserve Entrants).

What can I win? Prize consists of six bottles of Holm Oak Wines and a truffle and gift pack from Tasmanian Truffles valued at $440.
Total prize pool The total prize pool is up to $440.
How many times can I enter? You can enter as many times as you like.  Each entry must be submitted separately in accordance with these Terms and Conditions.  Each entry must tag different people to be considered a separate entry.
How and when will the winner be informed? If you are the winner, you will be informed by direct message via the platform the entrant has entered the competition within two days of the draw and your name or username will be published to Instagram Stories on Monday 22 June 2020 for a period of 24 hours.
Must I keep anything to verify my entry? No
If I win, when must I claim my prize? You must claim your prize by Friday 26 June 2020 5pm AEST.
What if I don’t claim my prize on time? 

If the prize has not been accepted or claimed by Friday 26 June 2020 5pm AEST or if, after making all reasonable attempts, the Promoter can’t contact the drawn winner (or the drawn winner does not contact the Promoter) by this time and date, the relevant entry will be discarded and the Promoter will re-award the prize to Reserve Entrant/s and/or carry out an unclaimed prize draw at 10am AEST Monday 29 June 2020 at the same location as the original draw to distribute the prize.

Any such winner will be informed by direct message via Instagram within two days of determination and their name or username will be published to Instagram Stories on Monday 29 June 2020 for a period of 24 hours.

  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.

Entry

Your entry must be received during the Competition Period.

To enter via Instagram, entrants must, during the Competition Period, follow the Holm Oak Vineyards Instagram page (instagram.com/holmoak), like the competition Instagram post and comment on the competition Instagram post by tagging two people they would want to share this prize with and why.

Prizes

  1. If you win, your prize will be six bottles of Holm Oak Wines and a fresh truffle and gift pack from Tasmania Truffles.  Valued is $440
  2. The prize is subject to any additional conditions of the prize supplier/s.
  3. If an event or activity included in the prize is abandoned, called off or postponed for any reason, you and your companions forfeit your entitlement to that prize element and you will not be given any cash or alternative tickets as a substitute for attending the event or activity.

General

  1. If you are a winner, you (and your companions) must take part in all publicity, photography and other promotional activity as the Promoter requires, without any compensation.  You (and your companions) consent to the Promoter using your names and images in any promotional or advertising activity.
  2. If you or your entry are deemed by the Promoter to breach these Terms and Conditions including if you are unable to take the prize on the dates specified by the Promoter, 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.
  3. You must not:
    1. tamper with the entry process;
    2. engage in any conduct that may jeopardise the fair and proper conduct of the competition;
    3. act in a disruptive, annoying, threatening, abusive or harassing manner;
    4. 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;
    5. breach any law; or
    6. behave in a way that is otherwise inappropriate.
  1. You are responsible for your companions and the Promoter may disqualify all entries from, and prohibit further participation in this competition by, you or any of your companions if they breaches these conditions, whether or not legally bound by them.
  2. If you (or your companions, if applicable), in the opinion of the Promoter (and/or a medical professional, as required), 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 companions) from participating in any elements of the prize, at its discretion.
  3. The Promoter is not liable for entries, prize claims or correspondence that are misplaced, misdirected, delayed, lost, incomplete, illegible or incorrectly submitted.
  4. The Promoter’s decision in connection with all aspects of this competition is final.
  5. Prizes cannot be transferred or exchanged nor 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.
  6. By entering, you request that your full address not be published.
  7. By accepting or participating in any prize, your companions accept these Terms and Conditions.
  8. 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.
  9. 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.
  10. 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: http://www.nhmrc.gov.au/_files_nhmrc/file/publications/synopses/ds10-alcohol.pdf. See also the NSW Liquor Competition Guidelines and Intoxication Guidelines at http://www.olgr.nsw.gov.au/dlg_guidelines.asp. Your participation in this competition is subject to each Outlet’s liquor serving policy.

Liability

  1. Nothing in these Terms and Conditions restricts, excludes or modifies any consumer rights under any statute including the Competition and Consumer Act 2010 (Cth).
  2. 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, 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).
  3. 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 the prize.
  4. The Promoter may communicate or advertise this competition using Facebook or Instagram.  However, the competition is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram.  You provide your information to the Promoter and not to Facebook or Instagram.  You completely release Facebook and Instagram from any and all liability.

Collection and use of your personal information

  1. The information you and your companion provide will be used by the Promoter for the purpose of conducting this competition.  The Promoter may collect your (and your companions’) personal information (including through its contractors or agents) or disclose your (and your companions’) personal information to its contractors and agents to assist in conducting this competition or communicating with you (and your companions).   You can update your personal information or request access to the personal information the Promoter holds about you by contacting the Promoter.  All correspondence should be to the attention of the Privacy Officer. A copy of the Promoter’s privacy policy can be obtained from the Promoter or from the Promoter’s website at www.holmoakvineyards.com.au and contains information about:
    1. how you/your companions can seek access to the personal information the Promoter holds about you/them and seek the correction of such information;
    2. how you/your companions can complain about a privacy breach and how the Promoter will deal with such a complaint; and
    3. whether your/your companions’ personal information the Promoter holds will be provided to overseas companies, and if so, in which countries those companies are located