
Ping For Paloma Giveaway T&Cs
News
26/11/21
- Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
- Entry is only open to NSW, VIC, ACT, WA, TAS and QLD residents aged 18 years or over. It is not open to residents of ACT, NT & SA.
- Employees (and their immediate families) of the Promoter, and agencies associated with this promotion are ineligible to enter. Immediate family 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.
- Entries into the promotion open on 01/12/2021 and close at 11:59pm AEST on 8/12/2021 (“Promotional Period”).
- To enter into the draw, individuals must dial the 1800 number. The first 50 eligible callers will win a Patrón X CAPI Paloma prize pack consisting of 1 x 700ml Patrón Reposado and 1 x 4pack of CAPI Grapefruit valued at $120 each. Individuals are only entitled to one prize per person.
- The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
- If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
- Winners will be notified instantly when they dial the Ping For Paloma hotline. The Promoter may record the details of additional reserve winners and record them in order in case of an invalid entry or ineligible entrant.
- The Promoter’s decision is final and no correspondence will be entered into.
- The Promoter encourages consumers to enjoy alcohol responsibly. Legal aged consumers are advised to consider the safe drinking levels recommended in the National Health & Medical Research Council Australian Alcohol Guidelines that are available at www.nhmrc.gov.au.
- No more than 5 litres of alcohol will be won by New South Wales residents. Once/if 5 litres of alcohol has been won by New South Wales residents, non-alcoholic prizes of equivalent value will be awarded in lieu of the remaining alcohol portions of the prize to be awarded in New South Wales.
- Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize (or an element of the prize) by the time notified by the Promoter, then the prize (or that element of the prize) will be forfeited. The Promoter will arrange delivery of the Prize via post to individuals who are 18 years and over and can demonstrate this by providing identification.
- If the prize (or part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
- Total prize pool value is $6,000 AUD
- The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash.
- 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 sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
- All calls to the 1800 number from a landline will be at no cost to the user. Mobiles and payphones may attract further charges and is the entrants responsibility.
- Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
- Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize.
- The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use, and handle PI as set out in its Privacy Policy, which can be viewed at https://capi.com.au/pages/privacy-policy. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter will not disclose PI to any entity outside of Australia.
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The Promoter is Fresh Local Pty Ltd (ABN 41 142 636 084) of 151 Albert Street, Windsor VIC 3181, telephone 03 8601 8900.