Terms & Conditions
XXXX - Winch to Win Promotion ("Conditions of Entry")

Promotion

XXXX - Winch to Win Promotion

Promoter

Lion - Beer, Spirits & Wine Pty Ltd ABN 13008596370, Level 7, 68 York St, Sydney, NSW 2000, Australia. Ph: 1800 308 388

For any inquiries regarding this Promotion, please contact the Promoter at [email protected] or on 1800 308 388

Promotional Period

Start date: 03/12/23 at 09:00 am AEDT

End date: 16/02/24 at 11:59 pm AEDT

Eligible entrants

Entry is only open to NSW and QLD residents aged 18 years or over, who are the registered owner of a roadworthy four-wheel drive vehicle.

How to Enter

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

• visit xxxx.com.au/winch-to-win and upload a Photo or a Video (of no more than 30 seconds) of themselves and their rig (4WD) enjoying the good life; and fully complete and submit the online entry form with their personal details as requested, and (optional) select the tick box to consent to receipt of marketing from the Promoter; and
• (optional) include accompanying text describing how their Photo or Video showcases them enjoying the good life.

Entrants must ensure their Photo or Video is submitted as a JPG, JPEG, PNG, GIF, MOV, MP4, MPG or WMV Video File (max. 50MB) to be eligible for this Promotion

Entries will not be eligible if the content is demonstrating irresponsible or illegal behaviour. Any depiction of alcohol consumption must not: (a) show people drinking alcohol in unsafe circumstances e.g., drinking while driving; (b) show people consuming more than 2 drinks per person; (c) show people who are intoxicated or engaging in rapid consumption of alcohol; (d) suggest that alcohol can enable or contribute to relaxation, social or sexual success, increased popularity, enhanced mental or physical abilities or a significant change in mood; (e) suggest that alcohol offers any therapeutic or health benefits; (f) show people challenging or daring others to drink alcohol; (g) encourage alcohol consumption based on alcohol strength or intoxicating effects; or (h) glorify the alcohol strength of a product (unless the product is an low alcohol product).

Entries must also comply with the general content requirements outlined in more detail below. Any individual depicted in the content must be an adult aged 25 years or over (and clearly depicted as such).

Entries permitted

Multiple entries permitted subject to the following:

• each entry must contain a different and substantially unique Photo or Video; and
• each entry must be submitted separately and in accordance with the entry instructions above.

The entrant is eligible to win a maximum of one (1) minor prize.

Winner Determination

• Throughout the Promotional Period, all entries will be judged on the basis of individual creative merit, visual appeal, aesthetic appeal, and effort of the Photo or Video provided on entry (by a representative of the Promoter).
• Up to 500 of the best valid entries submitted during the Promotional Period, as determined by the judges, will each win a Minor Prize. Minor prize winners will be determined and prizes distributed throughout the Promotional Period (at the Promoter’s discretion).
• The three (3) valid entries determined to be the best (from all minor prize winners) (“Finalists”) will be selected to participate in the Winching Competition and compete for the Major Prizes set out below.
• The judges may select additional reserve entries, which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant or in case a Finalist does not want to participate in the Winching Competition.
• The winners will be determined by skill. Chance plays no part in determining the winners. The judges' decision is final and binding and no correspondence will be entered into.
• The Winching Competition will take place at The Springs 4x4 Park, 21153 New England Hwy, The Glen Queensland 4350, at a date and time as determined by the Promoter and will require the Finalists to take part in a series of 4WD driving challenges, using their own registered, insured and roadworthy 4WD vehicle. Full details and rules of the Winching Competition, including requirements to ‘win’ and how prizes will be allocated, will be communicated to Finalists prior to the competition.
• Finalists will be required to sign a legal waiver as reasonably determined by the Promoter in its absolute discretion, prior to participating in the Winching Competition.
• Finalists will each receive a $500 fuel voucher and a $500 accommodation voucher (AUD). All other costs associated with travel to and from the Winching Competition (including tolls etc.) will be the responsibility of the Finalist.
• Finalists unable or unwilling to attend the Winching Competition will forfeit their ability to participate in the Winching Competition (and the right to win any associated prize on offer during the Winching Competition).
• If a Finalist cannot be contacted by 12 February 2024, the Promoter will contact the next reserve Finalist. This process will continue with each entrant having 24 hours to call the Promoter back and accept participation in the Winching Competition from the first phone call to them by the Promoter. If a Finalist fails to do so they will forfeit their right to participate in the Winching Competition and therefore their opportunity to win a Major Prize.
• Under no circumstances whatsoever will a proxy or replacement participant be permitted to take part in the Winching Competition if the Finalist is unable to participate for any reason. An ID check may be carried out by the Promotional Staff prior to the Winching Competition starting to ensure the Finalist is the correct eligible winner.

Total Prize Pool

Up to AUD $70,200.00

Prize Details

Winner notification

The Finalists will be contacted by phone on 12/02/24 and published at xxxx.com.au/winch-to-win on 16/02/24.

Unclaimed Prizes

In the event of an unclaimed prize, the Promoter may at its discretion assign the prize to the entry judged the next best entry, conduct a further judging to award the prize, or withdraw the prize unawarded. The Promoter is under no obligation to award any unclaimed prize.

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 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. All reasonable attempts will be made to contact each winner.
6. If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize within a reasonable time, as specified by the Promoter, or is unavailable, they forfeit the prize and the Promoter is not obliged to substitute the prize.
7. 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.
8. No part of a prize is exchangeable, redeemable for cash or any other prize or transferable, unless otherwise specified in writing by the Promoter.
9. 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.
10. No entry fee is charged by the Promoter to enter the Promotion.
11. 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.
12. Entrants' personal information will be collected by the Promoter. Personal information will be stored on the Promoter's database. The Promoter may, if the entrant selects the respective tick box on entry, use this information for future marketing purposes regarding its products, including contacting the entrant 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.lionco.com/legal/p.... 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. If the entrant does not provide their personal information as requested, they may be ineligible to enter or claim a prize in the Promotion.
13. 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.
14. The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of a prize, if the Promoter determines in their absolute discretion, that a winner is not in the physical or mental condition necessary to be able to safely participate in or accept the prize. It is a condition of accepting the prize that a may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving a prize.
15. 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. 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 in the event of any inconsistency. To the extent permitted by law 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.
16. 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).
17. 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.
18. 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.
19. All material submitted on entry (including Photos, Videos and comments) must comply with the criteria set out in How to Enter and must NOT: (a) be in breach of any laws, regulations and rights, e.g. any laws regarding intellectual property (copyright, trademarks, etc), defamation and privacy; (b) be defamatory, obscene, derogatory, pornographic, sexually inappropriate, contain nudity, aggressive, violent, abusive, harassing, threatening, objectionable or discriminate/vilify any section of the community with respect to race, ethnicity, nationality, gender, age, political belief, religion, origin, sexual preference, mental illness, disability or gender or unsuitable for publication; (c) cause distress, offence or annoyance to people; (d) make unsubstantiated environmental, health or general product claims; (e) link Lion brands to smoking or drug culture; (f) put people at risk of harm or injury, or encourage them to put themselves at risk; (g) cause harm to the environment including the improper disposal of waste; (h) use language that would make Lion alcohol brand appealing to people under 18; or (i) contain viruses. Entrants warrant that they own or have the right to license the copyright in any entry submitted by them into this Promotion, for the purposes of this Promotion, that no rights have been granted to any third party in respect of any such entry which would prevent the entry being used as contemplated by this Promotion, and that the use by the Promoter of any such entry will not breach any laws or infringe the rights of any person (including without limitation with respect to privacy, intellectual property and defamation). Entrants must obtain prior consent from any person or from the owner(s) of any property that appears in their entry. By entering, all entrants license and grant the Promoter, its affiliates and sub-licensees an exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (including any portion of their entry) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability. Entrants further agree, upon request by the Promoter, to assign all of their rights, title and interest (including copyright) in and to their entry to the Promoter and to sign any legal documentation to confirm such assignment. Entrants agree that their entry is their original work and does not infringe the rights of third parties, or that they have obtained full prior consent from any person who has jointly created or has any rights in the aforementioned material. Entrants consent to any use of their entry that may otherwise infringe their moral rights. Entrants are responsible for all materials they submit on entry. The Promoter will not be liable for any entries, to the extent permitted by law. The Promoter reserves the right to remove, request removal or decline to publish any entry or portion of an entry for any reason whatsoever, including if in breach of these Terms and Conditions. The Promoter will have no liability to entrants if it exercises this right and entrants must comply with any request made by the Promoter pursuant to this paragraph. The entrants warrants and represents that any material sent or provided by the entrant to the Promoter will not infringe any copyright, trademarks or other intellectual property rights of any third party (including moral rights) and that the entrant has all rights to use the materials and has obtained all necessary consents to comply with any relevant privacy and/or confidentiality requirements. Entrants agree to indemnify the Promoter for any breach of the Terms and Conditions including this clause.
20. 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.
21. The winners 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.
22. 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.
23. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.