Terms & Conditions
GUINNESS WINTER 2023 Promotion ("Conditions of Entry")

Promoter:

Lion-Beer, Spirits & Wine Pty Ltd ABN 13 008 596 370, Level 7/68 York St, Sydney, NSW 2000, Australia. Ph: (02) 9320 2200

Promotional Period:

Start date: 26/06/23 at 09:00 am AEST

End date: 23/07/23 at 11:59 pm AEST

Eligible entrants:

Entry is only open to Australian residents who are 18 years and over.

How to Enter:

To enter the Promotion, the entrant must complete the following steps during the Promotional Period:

1. complete the purchase requirement listed below from any store or venue in Australia displaying advertising for this Promotion ("Participating Venues"):

   1. For on-premise venues: purchase one (1) x pint of Guinness or Kilkenny from a Participating Venue to receive a scratch card at point of purchase (while stocks last); or

   2. For off-premise outlets: purchase one (1) x 6, 12 or 24 pack of Guinness or Kilkenny (to share) ensuring that they collect a purchase receipt from the Participating Outlet;

2. scan the QR code featured on the scratch card (on premise) or POS (off premise) to be directed to the Promotion entry page;

3. fully complete and submit the online entry form with all personal details as requested (first name, last name, date of birth, email address, mobile phone number, full address and state/territory of residence);

4. upload a photo or scanned copy of the receipt for the qualifying purchase (if purchase was at an off-premise venue) or provide the unique code featured on the scratch card received (if purchase was at an on-premise venue); and

5. play the ‘spin the wheel’ game as prompted to reveal if they have won an instant win prize.

Proof of Purchase: The entrant must retain proof of purchase. The proof of purchase required is an original receipt for the qualifying purchase (if off-premise purchase) or scratch card only (if on-premise purchase).

For clarity, in order for a claim to be validated, a Qualifying Purchase Receipt must only be used for one (1) entry and must clearly specify:

• the Participating Product purchased;

• the price of the Participating Product purchased;

• that the purchase was made at a Participating Venue;

• the purchase date and time;

• the full receipt number (located under the receipt barcode); and

• that payment for the Participating Product has been received in full.

If the purchase receipt is missing any of the above information, or is illegible or indecipherable, it will render the claim invalid.

The entrant must fill out the online entry form for every entry.

If an entrant provides incorrect details on the online entry form, they forfeit their right to a Prize.

Entries permitted:

Multiple entries permitted subject to the following:

• limit one (1) entry permitted per qualifying transaction/receipt;

• maximum of one (1) entry permitted per person per mobile number each day ;

• maximum of one (1) instant win prize per person per mobile number;

• limit applies of one (1) scratch card per person per day;

• only one (1) unique code per entry is permitted;

• the same unique code cannot be used more than once;

• unrecognised codes will be deemed invalid; and

• each entry must be submitted separately and in accordance with the entry instructions above.

Total Prize Pool:

Up to AUD $456,725.00

Prize Details:

Prize Conditions

Draw Prize:

• The prize must be booked by 24/07/24 and cannot be taken between 10/12/23 and 10/01/24 and 10/06/24 and 10/07/24. If the winner is unavailable on unwilling to travel during the period required by the Promoter, they will forfeit their right to the prize and will not be awarded cash or any other alternative in lieu.

• Travel itinerary will be determined by the Promoter in its absolute discretion.

• Prize is subject to the standard terms and conditions of individual prize and service providers.

• The winner and his/her travel companion must depart from and return to the same departure point and travel together. Winner and their guest must be 18 years or older.

• Subject to the terms and conditions of the participating prize provider(s), if for any reason the winner does not, once the prize has been booked, take the prize (or an element of the prize) at the time stipulated, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash.

• The prize is subject to booking and flight availability

• Frequent flyer points will not be awarded and do not form part of the prize.

• The winner may be required to present their credit card at accommodation check in.

• The winner and his/her travel companion are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation.

• The Promoter recommends that the winner (and his/her companion) obtain travel insurance for the prize trip. However, any costs associated with obtaining travel insurance will be the responsibility of the winner.

• Spending money, meals, taxes (excluding airline and airport taxes), insurance, passports, visas, vaccinations, transport to and from departure point, transfers, items of a personal nature, in-room charges and all other ancillary costs, unless otherwise specified in the prize description, are not included.

• The winner will be required to contact PMG at [email protected] in order to book travel.

Instant Win Prize No.3

The Digital Prepaid Mastercard prize will be issued to the winner’s mobile number, as provided in the online entry form.

The Digital Prepaid Mastercard is subject to Mastercard’s conditions, including the following specific conditions which apply to the Digital Prepaid Mastercard:

• The Digital Prepaid Mastercard is issued by EML Payment Solutions Limited ABN 30 131 436 532 AFSL 404131 pursuant to license by Mastercard.

• Mastercard and the circles design are registered trademarks of Mastercard International Incorporated.

• Redemption of the Digital Prepaid Mastercard Reward is subject to the issuer’s (EML Payment Solutions Limited) terms and conditions, which can be found at https://thecardnetwork.com.au/pages/terms-conditions. The Digital Prepaid Mastercard requires activation within 60 days from the date of issue and is valid for 60 days once activated. Further T&Cs (including on the Digital Prepaid Mastercard) apply.

• Any ancillary costs associated with redeeming a Digital Prepaid Mastercard Reward are not included and will be borne by claimants.

Any unused balance of a Digital Prepaid Mastercard Reward will not be awarded as cash and will be forfeited if not used by the expiry date specified on the Digital Prepaid Mastercard.

Winner notification:

The Draw Prize winner will be contacted by email within seven (7) days of the draw and published at www.guinnesswinter.com.au by 31/07/23.

Unclaimed Prizes:

The Draw Prize must be claimed by 25/09/23 at 02:00 pm AEST. In the event of an unclaimed draw prize, the draw prize will be redrawn on 26/09/23 at 02:00 pm AEST at PMG, 136 Cathedral St, WOOLLOOMOOLOO NSW 2011, Australia. The winner of the redraw will be notified by email within seven (7) days of the redraw. The winner will be notified publicly (and their details published) at www.guinnesswinter.com.au on 03/10/23.

If there are no prize winner/s or winner/s for this Promotion cannot be found, this information will be published at www.guinnesswinter.com.au.

Further Conditions:

1. The entrant agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry 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"). Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.

3. Valid and eligible entries will be accepted during the Promotional Period.

4. Employees (and their immediate family members) of the Participating Venues, agencies/companies directly associated with the conduct of this Promotion, the Promoter, businesses involved in determination of winner/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. Draw:
   1. The draw will take place at PMG, 136 Cathedral St, WOOLLOOMOOLOO NSW 2011, Australia at 02:00 pm AEST on 24/07/23 using computerised random selection.

      1. The first valid entry drawn will be the winner of the draw prize, as specified in the Schedule above.

      2. The draw conductor may draw additional reserve entries in the case an invalid entry or entrant is drawn.

   2. If a draw is scheduled on the weekend or a public holiday, the draw will be conducted at the same time and location on the following business day. The Promoter will ensure each draw is open for public scrutiny and anyone may witness the draw on request. The winner of a drawn prize is determined by chance.

6. Instant Win:

   1. Provisional winners will be notified immediately if they have won on screen upon entry form submission. The probability of winning a prize is 1 out of 6.

   2. To redeem the prize, the winner must follow the instructions provided in the winning notification by 11.59pm AEDT 30/09/23.

   3. Quality control errors will not invalidate an otherwise valid prize claim. Unless otherwise due to fraud or ineligibility under these Conditions of Entry, all prize claims in excess of the advertised prize pool will be honoured. Instant win game materials void if stolen, forged, mutilated or tampered with in any way.

   4. Winners of an instant win prize are determined by chance.

7. All reasonable attempts will be made to contact the Draw Prize winner.

8. If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize by the time specified by the Promoter, or is unavailable at the time stipulated by the Promoter for travel, they forfeit the prize and the Promoter is not obliged to substitute the prize.

9. If for any reason a claimant does not redeem a Prize by the time stipulated by the third party Digital Prepaid Mastercard supplier, then the Reward will be forfeited.

10. Where entry is allowed by purchase or subscription, the cost of the product or service is no greater than the cost would be without the opportunity to participate in the Promotion.

11. Entrants must keep their proof of purchase specified in How to Enter for each entry as proof of purchase ("Proof of Purchase"). If an entrant fails to produce the Proof of Purchase for a specific entry or each entry, as and when requested by the Promoter, the Promoter has the right to invalidate the entrant's respective entry/entries for which Proof of Purchase cannot be provided and/or all entries submitted by that entrant and/or forfeit the entrant's right to a prize. Purchase receipt(s) must clearly specify: (a) the store of purchase as an eligible store; (b) the required product/s or service/s to be purchased for entry; and (c) that the purchase was made during the Promotional Period and prior to entry.

12. The Promoter supports the responsible service of alcohol and encourages consumers to enjoy alcohol responsibly. Entrants will be refused service of alcohol or provision of an alcohol beverage if it would breach any laws, codes or policies including those of the relevant liquor licensee relating to the responsible service of alcohol. Legal aged consumers are advised to consider the safe drinking levels recommended in the National Health and Medical Research Council Australian Guidelines to Reduce Health Risks from Drinking Alcohol. A full version of these Guidelines is available at https://nhmrc.gov.au/about-us/publications/australian-guidelines-reduce-health-risks-drinking-alcohol. Please refer to the GL4001 ‘Liquor promotion guidelines’ and GL4003 ‘Intoxication guidelines’ at liquorandgaming.nsw.gov.au.

13. The value of the prizes is accurate and based upon the recommended retail value of the prizes (inclusive of GST) at the date of printing. The Promoter accepts no responsibility for any variation in the value of the prizes after that date.

14. No part of a prize is exchangeable, redeemable for cash or any other prize or transferable, unless otherwise specified in writing by the Promoter.

15. If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or that portion of the prize) to a prize of equal or greater value and specification, subject to any written directions of a regulatory authority.

16. No entry fee is charged by the Promoter to enter the Promotion. Where entry is allowed online, there is no additional cost to enter the Promotion other than any cost paid by the entrant to access the website or social media platform of entry via their Internet service provider.

17. Each prize will be awarded to the person named in the entry and any entry that is made on behalf of an entrant or by a third party will be invalid. If there is a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or winner.

18. Entrants' personal information will be collected by the Promoter. The Promoter may use this information for future marketing purposes regarding its products, including contacting the entrant electronically. Personal information will be stored on the Promoter's database. 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://lionco.com/legal/priva.... The Promoter's privacy policy contains information about how the entrant may access, update and seek correction of the personal information the Promoter holds about them and how the entrant 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 entrants to enable them to participate in this Promotion and may disclose the entrants' personal information to third parties including its contractors and agents, prize suppliers and service providers to assist in conducting this Promotion and to the State and Territory lottery departments as required under the relevant lottery legislation. If the entrant does not provide their personal information as requested, they may be ineligible to enter or claim a prize in the Promotion. Personal information collected from entrants will not be disclosed to any entity located outside of Australia.

19. For the purposes of public statements and advertisements, the Promoter may only publish the winner's surname, initial and State/Territory or postcode of residence.

20. It is a condition of accepting the prize that a winner and their travel companion may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving a prize. If a winner or travel companion is under the age of 18, a nominated parent or legal guardian of the winner or travel companion will be required to sign the legal release on the winner or travel companion's behalf.

21. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry, 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 prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.

22. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry 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).

23. 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 entries, or suspend or modify a prize, subject to State or Territory regulation.

24. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant's details (including an entrant's identity, age and place of residence). In the event that a winner cannot provide suitable proof as required by the Promoter to validate their entry, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. 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 entries submitted by that individual invalid. The Promoter reserves the right to disqualify any individual who provides false information, fails to provide information, conspires with others to gain an unfair advantage or is otherwise involved in any conduct that involved manipulating, interfering or tampering with this Promotion or otherwise preventing the conduct of the Promotion as intended by the Promoter.

25. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion or claiming a prize, the Promoter will resolve the dispute in direct consultation with the entrant. If the dispute cannot be resolved the Promoter’s decision will be final.

26. 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 prize (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).

27. The entrant 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.

28. Unless otherwise specified, a prize is a single event for the winner (and their guest) and cannot be separated into separate events or components.

29. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.

30. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.

31. A Participating Venue will not offer this Promotion as an inducement directed at encouraging patrons to gamble in line with relevant state gambling authorities.

32. Authorised under: ACT Permit No. TP 23/00720, NSW Authority No. TP/02606 and SA Permit No. T23/518.