Merivale Melbourne Cup Campaign (Promotion) – Conditions of Entry

 

  1. Information on how to enter, the mechanics of applying to participate in the Promotion and prizes, form part of these Conditions of Entry.  Application to participate in the Promotion (each an Application) is deemed acceptance of these Conditions of Entry. The promoter of the Promotion is Hemmes Trading Pty Ltd ABN 29 105 332 652 trading as Merivale of 320 George Street, Sydney, 2000 (Merivale, the Promoter).

 

  1. Application to participate in the Promotion is only open to NSW residents and who are aged 18 years and over (each a Participant). Each of the directors, management and employees (and their immediate families) of the Promoter and its related entities, or of the printers, suppliers, providers, agencies and companies who are directly associated with the development and conduct of this Promotion are ineligible to participate in the Promotion.

 

  1. No purchase or payment by any Participant is necessary to enter into or win under the Promotion.

 

  1. This Promotion is operated under the Office of Liquor Gaming & Racing Trade Promotion Lottery Permit Conditions (https://www.fairtrading.nsw.gov.au/games-of-chance/promoting-a-business/trade-promotion-lottery), Permit No. LTPS/19/37643.

 

HOW TO ENTER THE PROMOTION

  1. Participation in the Promotion commences at 9:00am (AEST) on Thursday 29 August 2019 and closes at 11:59pm (AEST) on Friday 8 November 2019 (Entry Period)

 

  1. To participate in the Promotion, Participants must, during the Entry Period;

(a) visit the Merivale competition web page at https://melbournecupday.merivale.com/enter/; and

(b) complete the online entry form in the manner required, including by:

(i) providing the Participant’s contact details (including but not limited to full name, contact telephone number, current and valid email address and any other information requested by the Promoter in its sole and absolute discretion); and

(ii) select the prize Participant would like to receive should they win the Promotion:

 

There are three (3) Major Prizes to be won, comprising of:

      • Prize one: Win a Furphy beer party for up to 25 people at a Merivale venue of your choice, up to the value of $10,000. Select a function space, VIP booth or exclusive area of one of Merivale’s venues. Furphy beverage packages, alongside venue hire, and food and beverages.
        • Event must take place prior to 11th November, 2020.
        • Prize must be redeemed in one event only. No splitting of prize across multiple dates.
        • Excludes bookings on Melbourne Cup, New Years Eve, Christmas Day and Boxing Day and all other public holidays.
        • Excludes all restaurants.
      • Prize two: Win a day in the Moet & Chandon suite at Royal Randwick racecourse for you and 20 friends valued at $10,000. Prize includes access to the exclusive corporate suite, catering, private waitstaff and free flowing Moet & Chandon during the race day. Prize is subject to terms and conditions.
        • 21 guests total
        • Not aligned to major carnival days (must be redeemed outside of Spring and Autumn Carnivals)
        • Subject to suite availability
        • One month’s notice minimum must be given for suite booking
        • Prize is valid for a period of 12 months
        • Prize includes Moet & Chandon Brut NV Imperial only. Any other alcoholic beverages to be purchased at own cost.
        • ATC House Policy / RSA and Dress Regulations Apply
        • Total prize pool value: $10,000 which includes suite hire, private waitstaff, catering and Moet & Chandon Imperial during racing period.
      • Prize three: Win a trip for two to Hong Kong Cup on December 3rd – December 9th, 2019, thanks to TAB. Prize is subject to terms and conditions.
        • Return economy flights from Sydney to Hong Kong, departing Tuesday, 3rd December, returning Monday, 9th Dates are non-transferable
        • Six nights’ accommodation in Sheraton City View Hotel
        • Two tickets into fully catered function at Happy Valley Race Club for the Cup
        • Return airport/ hotel transfers
        • Return hotel/ racecourse transfers
        • Accommodation on a twin-share basis
        • Breakfast daily
        • Carbine Club Lunch
        • Early Morning Trackwork Breakfast at Sha Tin
        • Reserved table in VIP area with international buffet, standard bar, beer & house wines
        • Half-day orientation tour of Hong Kong
        • Porterage of one bag per person
        • Assistance throughout
        • Prize value $10,000
        • Not Included:
          • Items of a personal nature
          • Excess luggage
          • Meals other than listed
          • Travel insurance
          • Visa fees (if applicable)
          • Airline & Airport Taxes (approx. $225)
        • There are 50 ($100) Minor Prizes to be won, each comprising of: $100 Merivale gift cards, redeemable at all Merivale venues and valid for 12months from issue date.

Participants may submit an Application via the Merivale competition web page only.

Any entry deemed by the Promoter (in its sole and absolute discretion) to be incomplete, indecipherable, or illegible will be invalid.

Participants may not submit more than one Application.

  1. The Promoter reserves the right, in its absolute discretion at any time, to verify the validity of the content of any Application and to disqualify any Participant who submits an Application that is not in accordance with these Conditions of Entry or who tampers with the Application process.

 

  1. The Participant acknowledges and accepts that any entry submitted in this Promotion is the property of the Promoter, and each Participant assigns all of their rights, title and interest in and to their entry to the Promoter. By uploading, commenting or otherwise making available any content in connection with the Promotion (including by submitting an entry), the Participant grants to the Promoter a non-exclusive, worldwide, royalty free, perpetual licence to use, publish, reproduce and otherwise exploit that content or any part thereof, in any form for any purpose.

 

  1. If there is a dispute as to the identity of a Participant, the Promoter reserves the right, in its absolute discretion, to request that a Participant promptly provide identification (including but not limited to, proof of identity and proof of age) to determine the identity of the Participant and verify the Participant’s identity, age, residential address, eligibility to enter the Promotion and/or claim the prize. If a Participant fails to produce such proof to the satisfaction of the Promoter (at its sole discretion), or refuses to produce proof, the Participant will be deemed ineligible for this Promotion.

 

  1. Failure or delay by or on behalf of the Promoter to enforce any of its rights at any stage does not constitute a waiver or release of any of those rights.

 

WINNER DETERMINATION 

  1. The winning Participants will be determined by the Promoter in its absolute discretion and will be randomly selected from the Applications received during the Entry Period of the Promotion.

Selection of the winning three (3) Major and the fifty (50) Minor Participants by the Promotor will take place at 320 George Street, Sydney, 2000, NSW, at 12pm on 12 November 2019.

Upon the entries being selected, the Promoter will award those Participants with the Major and Minor Prizes in the manner set out below.

This Promotion is a game of chance and skill plays no part in determining the winners.

The winning Participants will be announced via email to the winning Participants.

The winning Participants are then required to contact the Promoter via email to accept the prize.

  1. The awarding of the Major and Minor Prizes by the Promoter as referred to in clause 11 is and will remain final, and no correspondence will be entered into in that regard.

The winning Participants will be advised how to collect their prize via email.  The winners as determined in accordance with clause 11 will be solely responsible for claiming the prize.  Without limiting the Promoter’s other rights in these Conditions of Entry, and in accordance with clause 9, if a winning Participant does not provide proof of identification to the Promoter’s reasonable satisfaction (or to the reasonable satisfaction of the Promoter’s representative) when claiming their prize, the Promoter (or their representative) has the right, at their absolute discretion, to refuse to allow the Participant to receive their prize.

If for any reason a winner does not redeem the Major or Minor Prize in accordance with this clause 12, then the prize will be forfeited.  The Promoter will not award an alternative prize to the winning Participant if that Participant does not redeem the prize in accordance with clause 12.

In the event a Participant forfeits the Major or Minor Prize, the Promoter may, in its sole and absolute discretion, award the Major or Minor Prize to the next eligible Participant.

  1. Total maximum prize pool value is $10,000AUD for each of the three (3) Major prizes and $100AUD for each of the fifty (50) Minor prizes. A prize is not transferable or exchangeable and cannot be taken as cash (unless otherwise indicated).  The prize must be taken as offered and cannot be varied (except by the Promoter in accordance with these Conditions of Entry).

 

  1. Each Participant acknowledges that, if they are the winner of a Major Prize, the redemption or use of the Major Prize is subject to the terms and conditions as provided by the prize supplier and may be conditional on the written acceptance by the Participant of:

(a) the prize supplier’s terms and conditions; and

(b) a consent form or other similar form.

  1. Each Participant acknowledges that, if they are the winner of the Minor Prize, the redemption or use of the Minor Prize is subject to Merivale’s Gift Card terms and conditions and is conditional on acceptance of those terms and conditions.

 

  1. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought.  All prize values are based on the recommended retail price including GST (where applicable) for the items that constitute the prize won.

 

  1. The Promoter will not be responsible to cover any other costs related to acceptance or use of the prize. e.g. travel costs to the venue, etc.

 

  1. The winners must redeem the Major Prize within the stated dates that each prize is valid for. No alternative dates are available outside those stated.

 

  1. The winner must use the Minor Prize within 12 months of receiving notification that the person has won the prize.

 

  1. The Major Prize and Minor Prize is subject to change.

The value and availability of the Major Prize is at the sole and absolute discretion of the prize supplier and not under the Promoter’s control. The Promoter accepts no responsibility for any variation in the value of the Major Prize, any variation to the Major and Minor Prize, or the unavailability of the Major or Minor Prize. If the Major or Minor Prize (or element of either prize) becomes unavailable, for any reason, the Promoter may, in its sole discretion, substitute the prize (or part of the prize) with a comparable prize of equal or greater value and/or specification.

 

GENERAL

  1. Each Participant consents to the Promoter using their entry in any manner it sees fit, including to use, reproduce, modify, adapt, publish and display the entry, for any purpose in any media, without compensation, restriction on use, attribution or liability.

 

  1. Each Participant consents to the Promoter using their name, content or any other information submitted as part of the entry in any media for an unlimited period without remuneration for the purpose of promoting this Promotion (including any outcome), and promoting any products/services (including venues) manufactured, distributed and/or supplied by the Promoter. For the avoidance of doubt, any use by the Promoter of a Participant’s name, content or any other information submitted as part of the entry during or after the Entry Period does not mean that the Participant has been selected as a winner.

 

  1. 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, but not limited to, technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its absolute discretion, to the fullest extent permitted by law: (a) to disqualify any Participant; or (b) to modify, suspend, terminate or cancel the Promotion, as appropriate.

 

  1. Any cost associated with entering the Promotion by a Participant, is and will be that Participant’s responsibility, and is dependent on the Internet Service Provider used by the Participant.

 

  1. To the extent permitted by law, Entrants agree to indemnify the Promoter and its related bodies corporate (including officers, employees and agents) against all liability for any direct or indirect loss (including special or consequential loss), damage, expense or injury that is suffered or incurred by an Entrant in connection with:

(a) entry into, or participation in, this Promotion, or acceptance or use of the Prize;

(b) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);

(c) any theft, unauthorised access or third-party interference;

(d) any entry that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter); or

(e) modification or cancellation of the Promotion.

  1. Nothing in these Conditions of Entry limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under theCompetition and Consumer Act 2010 (Cth), as well as any other implied warranties under any similar consumer protection laws in the State and Territories of Australia.

 

  1. Each Participant, by and upon submitting an Application, acknowledges that:
    • this Promotion is subject to the laws of the State of New South Wales to the exclusion of any other law; and
    • any dispute arising under these Conditions of Entry or otherwise in respect of this Promotion, will be submitted to and determined by to the exclusive jurisdiction of the courts of New South Wales.
  1. The Promoter encourages consumers to consume alcohol in moderation. Legal aged consumers are advised to consider the ‘low risk drinking’ guidelines recommended in the National Health & Medical Research Council Australian Alcohol Guidelines which states: for healthy men and women, drinking no more than two (2) standard drinks on any day reduces your risk of harm from alcohol-related disease or injury over a lifetime. Drinking no more than four (4) standard drinks on a single occasion reduces the risk of alcohol-related injury arising from that occasion. More information is available at https://www.nhmrc.gov.au/. Participation in the promotion is subject to relevant liquor legislation in each applicable State or Territory, including responsible service of alcohol. Consumers are also encouraged to visit the Australian Government’s information site for alcohol at https://www.health.gov.au/health-topics/alcohol.

 

  1. By entering into the Promotion and/or providing the Promoter with their contact details, a Participant thereby consents to the Promoter accessing, collecting and using the Participant’s personal information in accordance with the Promotor’s Privacy Policy, available here http://merivale.com.au/privacypolicy/.

 

  1. Participants acknowledge that the Promoter may disclose a Participant’s personal information to third parties for the purposes of conducting the Promotion (including promotional, marketing and publicity purposes) and delivering the Major and Minor Prizes.

 

  1. Any agreement, covenant, representation, warranty or indemnity by a Participant or the Promotor binds them severally. Any agreement, covenant, representation, warranty or indemnity in favour of the Promotor is for the benefit of each Promotor jointly and severally.

 

  1. The Promoter reserves the right to invalidate any entry if a Participant is unable to or refuses or fails to take part in any part of this Promotion or a Participant or entry is deemed not to comply with these Terms and Conditions.