Terms & Conditions
FY23 Bombay The Other Art Fair Bonus G&T ("Conditions of Entry")

Promotion:

FY23 Bombay The Other Art Fair Bonus G&T

Promoter:

Bacardi-Martini Australia Pty Ltd ABN 40 103 911 146, Level 8, 201 Kent Street, Sydney, NSW 2000, Australia. Ph: 1800 846 141

Promotional Period:

Start date: 01/12/22 at 09:00 am AEDT

End date: 11/12/22 at 11:59 pm AEDT, while token stocks last.

Eligible claimants:

Claims are only open to ACT and NSW residents who are 18 years and over.

How to Claim:

To claim the offer, the claimant must:

• visit the Bombay Sapphire Bar at The Other Art Fair (taking place at The Cutaway, Barangaroo Reserve, 1 Merriman St, Barangaroo NSW 2000) during opening hours;
• scan the QR code featured on promotional advertising at the bar to be directed to the artist voting survey;
• complete the survey, provide all requested personal details (full name and valid email address), confirm they are 18 years or over and select the tick box to sign up to the Bombay Sapphire marketing database and submit;
• show the confirmation screen of their survey submission on their compatible device to a staff member at the bar to collect a free drink token, while stocks last; and
• visit a Participating Venue (list below) and present their free drink token to a staff member at the venue before 11:59 pm AEDT on 11/12/22 to receive the free drink (‘gift’) (details outlined below)

Participating Venues:

• Apollonia Cocktail Bar Sydney, 5-7 Young St Basement Level, Sydney NSW 2000
• Burrow Bar, Basement/96 Clarence St, Sydney NSW 2000
• Barangaroo House, 35 Barangaroo Ave, Barangaroo NSW 2000
• Grain Bar, 99 George St, Sydney NSW 2000

Claims permitted:

Limit one (1) claim permitted per person.

Gift Details:

1 x Goblet of Bombay Citron Presse

General Conditions:

1. The claimant agrees and acknowledges that they have read these Conditions of Claim (and Schedule) and that claim into the Promotion is deemed to be acceptance of these Conditions of Claim (and Schedule). Any capitalised terms used in these Conditions of Claim have the meaning given in the Schedule, unless stated otherwise.
2. The Promotion commences on the Start Date and ends on the End Date ("Promotional Period"). Claims are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the claimant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
3. Valid and eligible claims will be accepted during the Promotional Period.
4. Employees (and their immediate family members) of agencies/companies directly associated with the conduct of this Promotion, the Promoter, businesses involved in determination of successful claimant/s for the Promotion, businesses involved in the management of the Promotion, any organisation benefiting from the Promotion, the Promoter’s distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. "Immediate family member" means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
5. If any claimant chooses not to take their gift (or is unable to), or does not take or claim a gift by the time specified by the Promoter, or is unavailable, they forfeit the gift and the Promoter is not obliged to substitute the gift.
6. Tickets or rights for alcohol gift will not be distributed by or to any person under 18, nor can a person under 18 dispense or collect an alcohol gift. Claimants will be refused service of alcohol or provision of an alcoholic beverage gift if it would breach any relevant laws or codes including those relating to the responsible service of alcohol. The Promoter supports the responsible service of alcohol.
7. No part of a gift is exchangeable, redeemable for cash or any other gift or transferable, unless otherwise specified in writing by the Promoter.
8. No claim fee is charged by the Promoter to claim the Promotion. Where claim is allowed online, there is no additional cost to claim the Promotion other than any cost paid by the claimant to access the website or social media platform of claim via their Internet service provider.
9. If there is a dispute as to the identity of a claimant, the Promoter reserves the right, in its sole discretion, to determine the identity of the claimant.
10. Claimants' personal information will be collected by the Promoter. Personal information will be stored on the Promoter's database. The Promoter may use this information for future marketing purposes regarding its products, including contacting the claimant electronically. The Promoter is bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and its privacy policy which is located at https://www.bombaysapphire.com.... The Promoter's privacy policy contains information about how the claimant may access, update and seek correction of the personal information the Promoter holds about them and how the claimant may complain about any potential breach by the Promoter of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with. The Promoter collects personal information about claimants to enable them to participate in this Promotion and may disclose the claimants' personal information to third parties including its contractors and agents, gift suppliers and service providers to assist in conducting this Promotion. If the claimant does not provide their personal information as requested, they may be ineligible to enter or claim a gift in the Promotion. The Promoter may transfer claimants' personal information to countries specified in the Promoter’s privacy policy. Claimants acknowledge that the Promoter cannot guarantee that any overseas recipient will not breach the Australian Privacy Principles. By claiming this promotion, claimants consent to overseas transfer on these terms and agree that the Promoter is not liable for any such breach.
11. If a gift is provided to the Promoter by a third party, the gift is subject to the terms and conditions of the third party gift supplier and the provision of the gift is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the gift at the time it is issued to the claimant will prevail over these Conditions of Claim, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the gift, any delay or failure relating to the gift itself or failure by the third party to meet any of its obligations in these Conditions of Claim or otherwise.
12. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Claim restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
13. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected claims, or suspend or modify a gift.
14. The Promoter reserves the right, at any time, to validate and check the authenticity of claims and claimant’s details (including a claimant's identity, age and place of residence). In the event that a claimant cannot provide suitable proof as required by the Promoter to validate their claim, the claimant will forfeit the gift in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible claims, as applicable, will at the Promoter's discretion be deemed invalid and not eligible. Claims containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all claims submitted by that individual invalid.
15. The Promoter reserves the right to disqualify claims in the event of non-compliance with these Conditions of Claim. In the event that there is a dispute concerning the conduct of the Promotion or claiming a gift, the Promoter will resolve the dispute in direct consultation with the claimant. If the dispute cannot be resolved the Promoter’s decision will be final.
16. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence or wilful misconduct) in connection with this Promotion or accepting or using any gift (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
17. The claimant will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.
18. The Promoter accepts no responsibility for any tax implications and the claimant must seek their own independent financial advice in regards to the tax implications relating to the gift or acceptance of the gift.
19. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.