Jacob’s Creek Candlelight Competition T&Cs
Secret Adelaide and Jacob’s Creek Giveaway – Adelaide
March 2023 Instagram Giveaway
Terms and Conditions
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. BY ENTERING, YOU AGREE TO THESE TERMS AND CONDITIONS, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES
Sponsor Jacob’s Creek, with registered place of business at 2129 Barossa Valley Way, Rowland Flat SA 5352 (hereinafter “Sponsor“), is the Sponsor of sweepstakes called Secret Adelaide and Jacob’s Creek Giveaway – Adelaide (“Sweepstakes”) , with Kzemos Australia Pty Ltd (hereinafter, “Manager”) C/O Azure Group Pty Ltd, Level 10, 171 Clarence Street Sydney NSW 2000 administering elements of the sweepstakes in accordance with these Terms and Conditions.
Acceptance of the Terms. By participating in this Sweepstakes, (A) each participant (each one, “you” “your” or a “Participant“) agrees to be bound by these Terms and all applicable laws, ordinances and regulations, as well as by the decisions Sponsor makes regarding this Sweepstakes in accordance with the foregoing, (B) you agree to release Sponsor and Manager and their respective administrators, partners and employees from any liability, loss or damage resulting from your participation in this Sweepstakes or with respect to the adjudication, receipt, possession, use and / or misuse of any of the Prizes awarded in accordance with these Terms and Conditions, and (C) you represent that you are aged eighteen (18) or older. Manager may exclude you from participation if you are suspected to be engaging in or have engaged in abusive or fraudulent practices. The Sponsor reserves the right to cancel, suspend and/or modify any aspect of the Sweepstakes, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Manager shall communicate any such changes in the Sweepstakes to Participants at least through the original publication of the Sweepstakes, itself. Manager’s failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that provision. Manager is not responsible for the content of any external websites that are linked or referenced within these Terms or the original Sweepstakes post, including, without limitation, any websites hosted or controlled by the Sponsor.
Sweepstakes Periods. The Sweepstakes will begin at 12:00 PM GMT+11 on March 22, 2023 and end at 12:00 PM GMT+11 on April 5, 2023.
Participation. To be a Participant, it will be necessary to have an Instagram account and to have an associated, true, Instagram profile. You can enter the Sweepstakes by commenting on the Instagram post or publication of the Manager account on @secret.adelaide (“Manager’s Instagram Account”).
Each participant will receive one (1) entry into the Sweepstakes. Participation in this Sweepstakes is completely free and does not entail or require any payment or consideration by Participants. Odds of receiving a Prize shall depend on the number of entries received.
Sponsor and Manager are not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt by Manager. Neither Manager or Sponsor will be responsible for the veracity of any data provided by Participants.
Participants. Participants must be legal Australian residents, residing in the State of South Australia and be at least eighteen (18) years old on the date of entry to the Sweepstakes. The following persons may not be Participants or enjoy any Prize (either directly, or indirectly as a companion): Sponsor or Manager and/or its employees, agents, freelancers, contractors (and those of any of Sweepstakes partners, associated companies or prize providers) and their immediate family members or households (whether related or not), and anyone else professionally involved with the Sweepstakes, and these persons shall be excluded from entering and from winning the Sweepstakes.
Winner Selection. Within one business day following the end of the Sweepstakes period, Manager will select one (1) winner (“Winner”) in a random drawing from among the Participants who have entered the Sweepstakes in accordance with these Terms. Manager will notify each Winner in accordance with these Terms, and (after validating Winner’s compliance with requirements set forth herein) will contact the Winner to finalise the Prize. The winner would be granted access to the prize within the next (1) month from the date in which the prize has been awarded.
Prize(s). The sole Prize/Each Prize will consist of Jacob’s Creek Picnic to be enjoyed by 2 people. (“Prize”), The sole prize/Each Prize has an approximate retail value (ARV) of one hundred twenty (120 AUS) Upon notification by Manager, the Winner shall have two (2) business days to claim the Prize, by confirming their relevant contact details with Manager, in order to facilitate Prize delivery, otherwise the Prize shall be forfeited. Once the Prize has been delivered, the Winners shall be solely responsible for the use and redemption of the Prize in a purchase on Fever’s website. If a Winner rejects the Prize or in the event of any noncompliance with these Sweepstakes terms and conditions by a Winner, the Prize will be considered to be forfeited and an alternate Winner will be selected from all remaining eligible entries. Upon prize forfeiture, no compensation will be given.
Notification. The Winner will be announced at 12:00 PM GMT+11 on April 6, 2023. The Winner will be tagged by Manager’s or Instagram Account to notify the Winner. Manager may, in addition to this, notify the Winner by direct message to their Instagram profile from Manager’s Instagram Account.
Participation through social networks. Instagram does not in any way sponsor, endorse or administer this Sweepstakes, nor is it associated with it. Participants exempt Instagram from any responsibility derived from the development of these Sweepstakes. You may not comment or incorporate content into the post of the Sweepstakes that is offensive, obscene, violent, denigrating, racist, discriminatory, defamatory, illegal or that incites illegal behavior, threats or insults. Offensive comments include such content that is deemed to be in breach of Instagram’s Community Guidelines, and that may be removed by Instagram. Manager reserves the right to remove such content and / or to inform the competent authorities of any content that appears in breach of Instagram’s published standards or applicable law, in its opinion. Any Participant that is found to breach this term shall have their participation in the Sweepstakes automatically made void.
Social. Acceptance of a prize constitutes permission for the Sponsor and Manager and/or its designees to use your name, city or geographical area of residence, social media handle, photograph, testimonial or other likeness and/or prize information or personal exposition, and the Manager or Sponsor may refer to your association with the Sweepstakes (and/or any edited portion thereof) for promotional, advertising, PR, and/or publicity purposes in any media, now or hereafter known throughout the world in perpetuity, without compensation or notice to, or further consent of, the Winner to the extent permitted by law.
Limitation of Liability; Disclaimer of Warranties. By participating, Participants and Winners agree to release and hold harmless Sponsor and Manager and their respective advertising and promotion agencies and its respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Sweepstakes, or possession, acceptance and/or use or misuse of prize or participation in any Sweepstakes-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery.
In no event will the released entities be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of your access to and use of the prize and/or the sweepstakes. In no event shall the released entities’ total liability to you for all damages, losses, or causes of action exceed $10. Without limiting the foregoing, this sweepstakes and all prizes are provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties so some of the above limitations or exclusions may not apply to you.
Applicable law and jurisdiction. All disputes and claims arising out of or relating to the Sweepstakes will be governed by the laws of the State of South Australia without regard to its conflict of laws rules, or any rules of private international law, that would lead to the application of any other laws, and you agree to the exclusive jurisdiction in the federal and state courts located in Adelaide, South Australia and waive any jurisdictional, venue or inconvenient forum objections to such courts.
Winners List. To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to: “Sweepstakes Winners List” at C/O Azure Group Pty Ltd, Level 10, 171 Clarence Street Sydney NSW 2000.
Data Protection. The personal data provided by each Participant in the framework of the Sweepstakes will be processed by Kzemos Australia Pty Ltd C/O Azure Group Pty Ltd, Level 10, 171 Clarence Street Sydney NSW 2000 as part of the Fever Group
(“Fever”) for the purpose of managing your participation in the Sweepstakes, and if applicable, managing the delivery of the Prize, as well as subsequently sending you commercial communications, including by electronic means about new products or services, events and/or promotions that we organize.
The personal data provided by the Participants during the term of the Sweepstakes will be processed in accordance with the provisions of (i) the Privacy Act, 1988 (No. 119, 1988) (as amended) (‘the Privacy Act’), as well as any Commonwealth, State and Territory regulation directly applicable in relation to data protection and privacy in Australia; (ii) as applicable, the General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”); and (iii) any other applicable privacy law or data protection regulation in a jurisdiction in which these terms operate, as each may be amended from time to time, and those definitions shall be applicable.
Fever reserves the right to request a copy of the document proving the identity of the Participants (national identity card and/or passport), in order to:
- verifying that they comply with the Terms and Conditions; and
- deliver the corresponding Prize to the winner.
Likewise, and for the purpose of delivering the Prize to the winner, Fever reserves the right to require such documentation as it deems appropriate for the purpose of verifying the identity of the winner, having the right to refuse the delivery of the Prize in the event that they do not comply with the participation requirements or any other clause of these Terms and Conditions.
The Winner’s personal information might be communicated to the Sponsor in order to manage the announcement and delivery of the Prize.
In accordance with applicable data protection laws and regulations, Participants may, at any time, exercise their rights of access, rectification, deletion, limitation of processing, opposition to processing, including the sending of commercial communications by electronic means, and where appropriate, to the portability of their data by sending an email to DPO@feverup.com. You also have the right to file a complaint with the competent supervisory authority on data protection, as could be the case of The Privacy Commissioner, under the Office of the Australian Information Commissioner (“OAIC“).
Please drink responsibly.