Trade Promotion: Game of Chance 

Trade Promotion: Game of Chance 

Terms of Entry 

1. These Terms of Entry must be read together with the Schedule for this Promotion. The Schedule defines certain terminology used in these Terms of Entry. By entering, entrants accept these Terms of Entry. To the extent of any inconsistency between the Schedule and these Terms of Entry, the Schedule prevails. 

2. Entry is open only to residents of the Relevant State/s who comply with the Entry Restrictions (if any). Directors, officers, management, employees and other staff (and the immediate families of directors, officers, management, employees and other staff) of the Promoter, or of the agencies or companies associated with this Promotion are ineligible to enter. 

3. The Promotion will be conducted during the Promotion Period. 

4. To enter the Promotion, entrants must follow the Entry Method during the Promotion Period. 

5. Entries must be received by the Promoter during the Promotion Period Entrants may submit up to the Maximum Number of Entries. Multiple entries (where permitted) must be submitted separately and must independently comply with these Terms of Entry. 

6. The Promoter accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over communications networks or services, the Internet, or computer or telephone networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. Any form of automated entry using any device or software is invalid. Entries are deemed to be received at the time of receipt by the Promoter not at the time of transmission by the entrant. 

7. Costs associated with accessing the Promoter’s website remain an entrant’s responsibility and may vary depending on Internet service provider used. 

8. The draw/s (if applicable) will be conducted in accordance with the Draw Details. The prize/s will be awarded to a valid entrant or entrants (as applicable) randomly drawn in accordance with the Prize Details. 

9. All entries and materials submitted to the Promoter in connection with this Promotion (in any form, including without limitation in hard copy or electronic form), become the property of the Promoter and each entrant warrants that it has the right to transfer these things to the Promoter. Each entry must be the entrant’s original work. By entering this Promotion entrants: (a) consent to the Promoter using their entries or materials in any manner it sees fit, including making copies of or publishing the whole or any part of their entry and otherwise exploiting the entry and any rights in relation to the entry, to publicise this Promotion or for any other purposes; (b) undertake to the Promoter that their entry is not, and its use by the Promoter will not be, in breach of any third party intellectual property rights; (c) expressly consent pursuant to the moral rights provisions of the Copyright Act 1968 (Cth) to the Promoter having unfettered right to treat their entry in any manner at its sole discretion, to alter their entry in any manner and to the Promoter not attributing authorship of their entry to the entrant; and (d) will, at the Promoter’s reasonable request and at the Promoter’s cost, at all times do all things (including signing all documentation) necessary to give full effect to the requirements of this clause. 

10. By entering this Promotion, an entrant consents to their name, location and any other information submitted to the Promoter being broadcast and/or published, and each entrant consents to the content of their entry being broadcast and/or published. 

11. Once an entry is submitted, entrants acknowledge that the entry may not be withdrawn, altered or deleted (except as and where required by the Promoter). 

12. The prize/s are specified in the Prize Details. The total prize pool is specified in the Total Prize Pool section of the Schedule. 

13. Where a prize includes international or domestic travel, the prize cannot be taken during peak periods or any travel blackout periods applying, and must be booked and completed as specified by the Promoter and/or the supplier or organiser of the prize. If the prize is event based, travel must be taken to coincide with the relevant event on the dates specified by the Promoter. Any flights and accommodation constituting part of a prize are subject to booking and availability. All costs associated with a travel prize which are not specified to be included in the prize, including but not limited to any transfer costs, meals, taxes, insurance and all other ancillary costs, are the responsibility of the winner and their companion/s (if any). The winner and any travelling companion/s are responsible for ensuring that they have all necessary travel insurance and documents to travel to the relevant place (including a current passport and visas, if required). The Promoter is not responsible for any cancellation, delay or rescheduling of flights and any costs incurred as a result (including, without limitation, accommodation costs) will be the sole responsibility of the winner. Where a prize includes international travel, winners are advised to consult their healthcare professional regarding recommended immunisations and/or health checks prior to travelling and to check for travel warnings and any perceived hazards with appropriate authorities, including www dfat.gov.au. 

14. Where a prize involves the winner: (a) attending an event, if any part of the event is abandoned, called off, varied or postponed for any reason, then at the Promoter’s discretion, the relevant winner (and their companion/s, if applicable) forfeits all rights to attend the relevant event and no cash or alternative tickets will be substituted for that element of the prize; and/or (b) meeting or attending a function with a celebrity or other public figure, the Promoter will not be liable for the failure of the winner (and their companion/s, if applicable) to meet that person or failure of that person to attend the function, for whatever reason. 

15. If the prize includes vouchers, all vouchers are valid until the voucher expiry date as specified on the voucher or by the provider of the voucher. Vouchers are subject to the conditions stipulated by the provider of the voucher. If the total value of a voucher is not used at the time of redemption, a new voucher may (subject to the conditions stipulated by the provider) be issued for the remaining amount. Any such further voucher is valid for the remainder of the original voucher expiry period. Vouchers cannot be redeemed for further vouchers. 

16. If the prize includes tickets, all tickets are valid for the date or period as indicated on the tickets. Tickets are subject to the conditions stipulated by the provider of the tickets. 

17. If a winner of a prize is under the age of 18 years (where entry by persons under 18 is permitted), the Promoter may, at its discretion, award the prize to the winner's parent or guardian (who is aged over 18 years). 

18. The Promoter may, at its discretion, require any person taking any prize to be 18 years of age or over, or if a person is under the age of 18, require that that person be accompanied by a parent or legal guardian while taking the prize. 

19. The Promoter may in its absolute discretion prohibit an entrant's participation in this Promotion, cancel a prize or otherwise cease to provide any benefit of a prize to a winner and their companion/s if the entrant or the winner (or their companion/s), in the opinion of the Promoter, is under the influence of alcohol or any other drug, behaves aggressively or offensively, or behaves in a manner which may diminish the good name or reputation of the Promoter or any of its promotional partners (or of the business of the Promoter or any of its promotional partners), is contrary to law or is otherwise inappropriate. 

20. The Promoter encourages consumers to enjoy alcohol responsibly. Legal aged consumers are advised to consider the safe drinking levels recommended in the National Health and Medical Research Council Australian Alcohol Guidelines available at https://www.nhmrc.gov.au/health-topics/alcohol-guidelines. 

21. Entrants must, at the Promoter’s request, participate in all promotional activity (such as publicity and photography) surrounding this Promotion or the winning of any prize, free of charge, and sign any additional documents reasonably required by the Promoter to give effect to this condition. An entrant consents to the Promoter using the entrant’s name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the Promotion (including any outcome), taking or using any prize and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter. 

22. If an entrant is unable to or refuses or fails to take part in any element of this Promotion, or a winning entry is deemed not to comply with these Terms of Entry, the Promoter reserves the right to discard that entrant’s entry and proceed as if that entrant had not entered the Promotion. Entries that, in the Promoter’s judgment, are offensive, defamatory, or otherwise objectionable or inappropriate or that infringe any third party rights will be invalid. The judges’ decision is final and no correspondence will be entered into. 

23. The winner/s will be notified as stated in the Notification of Winners section of the Schedule and their name and state of residence will be published in accordance with the publication details. By entering this Promotion, each entrant requests that his or her full address not be published. 

24. If any prize is not claimed by the Prize Claim Date and Time, the relevant winner’s entry will be deemed invalid and the Promoter reserves the right to conduct such further draws as are necessary to distribute the prize/s, subject to any directions given by any relevant authority. If required by law or any relevant authority, the winner/s will have their name and state of residence published in accordance with the publication details. If a prize is no longer capable of being redeemed, the new winner/s will receive a prize, as determined by the Promoter, of equivalent value (as if the original prize had been awarded to that person, less any administrative expenses incurred by the Promoter), subject to the approval of the relevant authorities in the Relevant State/s, if required. 

25. Entrants acknowledge that there may be inherent risks in some aspects of the Promotion or the prize, and that participation in the Promotion and/or using the prize may involve participating in dangerous activities. By entering this Promotion and/or accepting the prize, entrants accept that risk. 

26. In order to participate in this Promotion and/or the activities which may be awarded as part of the prize, the winner (and their companion/s, as applicable) must comply with applicable height, weight, health, fitness, skill, balance, dexterity and any other requirements normally associated with the particular activity. It is the entrant’s responsibility to ensure that they (and their companion/s, as applicable) are sufficiently healthy and fit so as to safely participate in this Promotion, and/or undertake the activities awarded as part of the prize. The Promoter reserves the right to deem that an entrant/winner (or their companion/s, as applicable) is not sufficiently healthy or fit. The entrant/winner must comply with all requirements and directions of the people responsible for the conduct of the relevant activity and must ensure that their companion/s also comply, if applicable. 

27. If requested by the Promoter, any entrant or winner (and their companion/s, if applicable) (or if an entrant, winner or companion is aged under 18 years, their parent or guardian) must sign an indemnity and exclusion of liability form (provided by the Promoter) in favour of all parties involved in this Promotion and/or providing the prize prior to undertaking any specified activities forming part of the Promotion or prior to taking a prize. If any entrant, winner, nominated companion or parent/guardian (if applicable) does not sign the indemnity form provided by the Promoter within the time requested by the Promoter, the relevant entrant’s or winner's entry or claim will be deemed invalid. Where an entry or claim is deemed invalid, the Promoter reserves the right to determine a new winner in accordance with paragraph 8. 

28. Prizes and participation in this Promotion is subject to any conditions imposed by the supplier or organiser of the prize, as applicable. 

29. The Promoter will not be liable for any direct or indirect loss (including, without limitation, 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) in connection with this Promotion or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law). Applicable manufacturers and/or distributors should be contacted in regards to all prize warranty claims. 

30. Without limiting the previous paragraph, the Promoter will not be liable for any damage to or delay in transit of prizes. Prizes will be provided by the Promoter to the winner/s as stated in the Prize Delivery section of the Schedule. 

31. Entrants can only register in their own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to enter and participate in the Promotion and all entries of an entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the sole discretion of the Promoter, be deemed invalid. The Promoter may require the winner/s to provide (within the requested time) identification as requested by the Promoter including (without limitation) proof of identity, proof of age and proof of residency (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the entrant’s identity, age, residential address, eligibility to enter, participate and claim a prize, and any information submitted by the entrant in entering and participating m the Promotion, before issuing the prize (including confirming consent of an entrant's parent or legal guardian and the name, age and address of the parent or legal guardian that gave their consent, where an entrant is under 18 years of age). Identification considered suitable for verification is at the Promoter’s discretion. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an entrant has not been verified or validated to the Promoter’s satisfaction, then any and all entries of that entrant will be ineligible and deemed invalid. 

32. If due to any reason whatsoever the Promoter becomes aware after an entrant has won a prize that the entrant has not complied with these Terms of Entry, that entrant will have no entitlement to the prize, even if the Promoter has announced them as a winner and that entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the prize. 

33. The Promoter reserves the right to verify the validity of any and all entries. The Promoter may, in its sole discretion, disqualify any or all entries from, and prohibit further participation in this Promotion by, any person who: (a) tampers with or benefits from any tampering with the entry process or with the operation of the Promotion; (b) acts in violation of these Terms of Entry; (c) acts in a disruptive manner; (d) acts with the intent to annoy, abuse, threaten or harass any other person; or (e) engages in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved. 

34. The prize must be taken as offered and cannot be varied. No prize is transferable or exchangeable, nor can it be redeemed for cash (unless otherwise indicated). In the event for any reason a winner does not take an element of any prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be supplied for that element of the prize. The Promoter accepts no responsibility for any variation in prize value. Where a prize is unavailable for any reason, the Promoter may substitute for that prize another item of equal or higher value as determined by the Promoter. Without limiting the foregoing, the Promoter may, in its absolute discretion, substitute cash for any prize (the amount of cash being equal to the prize value specified in the Prize Details). 

35. Without limiting paragraph 29, the Promoter makes no warranties or representations about the fitness for purpose or suitability of any prize and will not accept responsibility for the quality or fitness for any purpose of any prize, or the failure of any prize to be of merchantable quality. If liability under terms implied by legislation cannot be excluded, the liability of the Promoter is limited to re-supplying the relevant goods or services or paying the cost of replacing them. 

36. If for any reason any aspect of this Promotion is not capable of running as planned for any reason beyond the reasonable control of the Promoter, including, but not limited to, by reason of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, telephone network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter may, in its sole discretion, cancel, terminate, modify or suspend the Promotion, invalidate any affected entries and/or, if necessary, provide an alternative prize to the same value as the original prize, subject to the approval of the relevant authorities in each Relevant State, if required. 

37. Without limiting any other paragraph, the Promoter may at its sole discretion amend any aspect of this Promotion or of these Terms of Entry from time to time, subject to applicable laws and subject to the approval of the relevant authorities in each Relevant State, if required. 

38. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings Independent financial advice should be sought. Where the operation of this Promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to follow the Australian Taxation Office's stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values. 

39. Each entrant must ensure that any other person whose personal details have been provided by the entrant to the Promoter for the purposes of the entrant’s participation in this Promotion has given their implied or express consent for their details to be provided to the Promoter and to be contacted by the Promoter in relation to this Promotion. 

40. The Promoter requires personal information from an entrant for the purposes of: (a) including the entrant in a Promotion and, where appropriate, awarding prizes; (b) conducting market research and analysis that helps the Promoter improve and customise its products and services; (c) sending entrants customer service emails including entry confirmations and event reminders; (d) preventing or detecting unlawful behaviour, to protect or enforce the Promoter’s legal rights or as otherwise permitted by law; (e) ensuring the security of the Promoter’s and the Promoter’s supplier operations; (f) creating a profile about an entrant to help the Promoter personalise its services to an entrant if the entrant has consented to Promoter marketing; (g) sharing that personal information with: (i) third parties who supply goods and services: (A) on which the Promoter’s products and systems are built; (B) so that they can run the Promoter’s event and for other reasons described in their privacy policies; or (C) so that they can process and fulfil a prize won by an entrant, (ii) government departments, agencies or other authorised bodies where permitted or required by law. The Promoter will manage an entrant’s personal information pursuant to the Promoter’s Privacy Policy Statement which can be found here https://www.darenberg.com.au/privacy/.  The Privacy Policy Statement sets out how the SATC collects, holds, uses, and discloses personal information in relation to an entrant for the purposes listed above. 

41. Unless the contrary intention appears, a reference in these Terms of Entry or the Schedule or in any advertisement relating to this Promotion to Australian dollars, dollars, AUD$ or $ is a reference to the lawful currency of Australia. 

42. Where this competition is communicated and/or conducted via a social media platform (including, but not limited to, Facebook, Instagram, TikTok and/or Twitter), entrants acknowledge that use of social media platforms generally is subject to the prevailing terms and conditions of use of the social media platform (including, but not limited to, Facebook, Instagram and/or Twitter). The Promotion is in no way sponsored, endorsed or administered by, or associated with, any social media platform (including, but not limited to, Facebook, Instagram and/or Twitter). The winner and their companion(s) (if any) are solely responsible and liable for the content of their entries and/or posts and any other information they transmit to other Internet users. To the extent permitted by law, the winner and their companion(s) (if any) agree to indemnify, defend and forever hold harmless any and all social media platforms (including, but not limited to, Facebook, Instagram and/or Twitter) used in conjunction with this Promotion, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by the winner and their companion(s) (if any) in respect of the winner’s and their companion(s)’ (if any) participation in the Promotion and any prize. Any questions, comments or complaints about the Promotion must be directed to the Promoter and not to any social media platform used in conjunction with this Promotion (including, but not limited to, Facebook, Instagram , TikTok and/or Twitter). Entrants understand that they are providing their information to the Promoter and not to any social media platform (including, but not limited to, Facebook, Instagram, TikTok and/or Twitter).