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Red Claw Competition Terms

Yabby Lake “Win a $10,000 Red Claw Wine Prize” Terms and Conditions

1. This competition (the “PROMOTION”) is conducted by Yabby Lake International Pty Ltd (ACN: 078 013 082) of Level 1, 500 Chapel Street, South Yarra, VIC 3141 (the “PROMOTER”).  Qantas Airways is not a promoter of this competition.
2. The Promotion is a game of chance and skill plays no part in determining the winner.
3. Entry to the Promotion constitutes acceptance of these Terms and Conditions. By entering the Promotion, entrants accept and acknowledge full responsibility for their decision to participate in the Promotion and to take the prize if they are a winner.
4. Due to NSW Liquor & Gaming regulations, residents of NSW must only select 20 litres from the wine prize portfolio OR take the ‘$10,000 Victorian Wine Experience prize option.
5. All entry instructions and prize information published by the Promoter form part of these Terms and Conditions.
6. The Promotion is open to individuals who:
a) are permanent residents of Australia (special conditions for NSW see item 4);
b) over the age of 18 years;
c) have travelled with Qantas during the Promotion Period; and
d) are not employees (or immediate family of such employees) of the Promoter, or any of its related corporations or any of the agencies associated with the Promotion (including Qantas Airways); and
e) have not been discovered to have breached Conditions of Entry of previous contests run by the Promoter (“Entrants”).
Immediate family members means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child, parent, step-parent, grandparent, step- grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
7. By entering this promotion, Eligible Participants agree to be bound by these terms and conditions. The Promoter reserves the right to verify the validity of entries and to disqualify any entrant who tampers with the entry process or who submits an entry that is not in accordance with these Conditions of Entry. It is condition of entry that Eligible Participants are able to accept the prizes as stated. Inability to accept a prize as stated, will deem the participant an ineligible entrant and any prize won will be forfeited.
8. Only one Major Prize offered and winner will be required to choose only one of the two options offered.  All prize value prices stated are in Australian dollars, represent the recommended retail price (“RRP”) and include GST. All references to times and dates are to times and dates in Melbourne, which may be Australian Eastern Standard Time (AEST) or Australian Eastern Daylight Saving Time (AEDST) depending on the date.
9. The promotion commences on Wednesday 01 February 2012 at 00:01 (AEDST) and concludes on Friday 31 August 2012 at 17:00 (AEST) (“Promotion Period”).
10. No responsibility will be taken by the Promoter for any ineligible entries or entries submitted or received by the Promoter after the closing date. Entries that do not comply with these terms and conditions are incomplete, or submitted or received by the Promoter after the closing date will be declared void.
11. The competition prize draw for the winner will take place at 10.00 AM AEST on Monday 03 September 2012, at Yabby Lake International Head Office, at Level 1 500 Chapel Street, South Yarra VIC 3141.
12. The winner of the Major Prize Draw will be notified immediately by telephone and email relying on contact details provided by the entrant on the entry form.
13. The winner will have their details (initial, surname and postcode) published in the public notices section of The Australian newspaper on Thursday 06 September 2012.  The result of the prize draw is final and no correspondence will be entered into.
UNCLAIMED PRIZE DRAW: The Promoter reserves the right to redraw the prize in the event of an entrant failing to comply with these terms and conditions or forfeiting or not claiming the prize by Monday 03 December 2012. If the prize remains unclaimed by that date, a second draw will be held at 12.00pm AEST on Monday 10 December 2012 at the same location as the original draw. Disposal of any unclaimed prizes may be made subject to any written directions given by any government authority and pursuant to any relevant legislation. The unclaimed prize draw winner will be contacted by phone and mail immediately. Any winner will also be announced in The Australian newspaper on Thursday 13 December 2012.
HOW TO ENTER
14. To enter the Major Prize Draw an Entrant will be required to:
i. Follow the link to www.yabbylake.com/redclawcomp via the QR code or website entry information supplied on either:
a) the labels of the 187ml Red Claw Pinot Noir 2011 bottles served on Qantas International Economy flights during the Promotion Period; or
b) the Promotion advertising in Qantas The Australian Way Magazine in March 2012 and April 2012
ii. Complete the Promotion Entry Form on the www.yabbylake.com website
15. Any cost associated with accessing the Promotion website is the Entrant’s responsibility and is dependent on the Internet service provider used.
16. The first eligible entry drawn will win their choice of Major Prize.

 

17. One entry per person only will be permitted.
18. All entries in the Promotion may be subject to verification by the Promoter, including:
a) Entrants MUST be able to prove they have travelled with Qantas Airways during the Promotion Period
b) All Entrants MUST also deliver to the Promoter (by a means reasonably determined by the Promoter) copies of any other documents the Promoter may request establishing eligibility to enter or win the Promotion, including but not limited to evidence of age, residence or identity (“additional documentation”). The Promoter may make one or more requests for such documents. Once the identity of documents available is established, an Entrant must deliver requested copies within 7 days of being asked to do so. At the Promoters request, an Entrant MUST also, within 7 days of being asked to do so, allow the Promoter to inspect a copy of the original of any such document.
19. The Promoter may, at its absolute discretion, disqualify any Entrant and declare any or all entries made by an Entrant invalid if Entrant/s:
i. Tamper with the entry process, including use of any automated entry software or any other mechanical or electronic means that permit the Entrant to automatically enter repeatedly; or
ii. Tampers with the operation of the Promotion or web site or found to be using multiple aliases, household addresses or email addresses; or
iii. Acts in a disruptive manner; or
iv. Fails to establish their entitlement to enter the Promotion to the Promoter’s reasonable satisfaction; or
v. Fails to produce items as required or produces items that, in the Promoters opinion, are illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way; or
vi. Acts in violation of these Conditions of Entry.
ENTRY DETAILS
20. Entrants can only enter in their own name.
21. Entries are deemed to be received at the time of receipt in the Promotion database and NOT the time of transmission by the Entrant.
22. Incomplete, illegible or incorrect entries, entries which are not in the required format or which contain offensive of defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win a prize.
MAJOR PRIZE
23.  There will be one Major Prize available to all Entrants. The first valid entry drawn in the Major Prize Draw will nominate their choice of ONE of the following two options;
Major prize details:
1. A $10,000 Cellar of Wine
A selection of wines from the Yabby Lake portfolio which includes Red Claw, Yabby Lake Vineyard, Heathcote Estate and Cooralook wines – to the value of $10,000. Wines and vintages are at the discretion of the Promoter, all labels in the portfolio will be represented.* 
Total Prize Pool: $10,000 AUD
* See item 25
OR
2. A $10,000 Victorian Wine Weekend Experience
Includes
• •         Qantas Domestic Economy flights for two adults (both travellers must be over 18 years) from nearest capital city to Melbourne – valued at up to $2500
• •         3 nights selection of  5 star hotel accommodation in Melbourne - $2000
• •         3  Melbourne restaurant experiences – value up to $2000
• •         Yabby Lake Cellar Door Experience (Private tasting, tour and lunch) - $500
• •         Luxury Transfers throughout your stay in Melbourne / Victoria $600* 
• •         $1000 Spending money (cash)
• •         Two dozen bottles of Red Claw and Yabby Lake wine $1000 (does not exceed 20 litres)
• •         Hotel day spa voucher valued at $400
Total Prize Pool: $10,000 AUD
*See item 26
24. Prize values are accurate as at Friday 4 November 2011 in AUD. The Promoter accepts no responsibility for any change in prize value between now and the ultimate prize delivery date. (Whichever prize is chosen,  prize must be taken/delivered within 12 months).  The winner is not entitled to receive any money from any party if there is a difference between the maximum prize value and the actual prize value at the time of the draw.
25. If winner chooses option 1, Yabby Lake International will bear the reasonable cost of freight to the winner’s closest capital city address (one delivery only).  All other costs and expenses associated with the prize beyond the specified prize components will be the responsibility of the competition winner.
26. If winner chooses option 2, note that transport to and from departure capital city airport will be at the winner’s expense.
PRIZE CONDITIONS
27. Prize must be taken as stated and no compensation will be payable if the winner is unable to use the prize as stated.
28. Prizes are not exchangeable or redeemable for cash or any other goods or services nor can they be re-sold or taken in parts.
The Promoter accepts no responsibility for any variation in the value, performance, or availability of any prize.  The Promoter reserves the right to amend or substitute the advertised prize for a prize of equivalent or greater retail value if, for any reason beyond the Promoters control, the Promoter are not able to give the prize-winner the advertised prize, subject to State legislation. Any incidental costs relating to the prize are the responsibility of the winner.
29. As a condition of accepting a prize, the winner must sign any legal documentation as and in the form required by the Promoter and/or Prize Providers in their absolute discretion, including but not limited to a legal release and indemnity form.
30. The Promoter, prize provider and activity operators, in their absolute discretion, at all times reserve the right to:
(a) prevent the winner and/or their companions from participating in the Activity if, at any time, they reasonably believe that they pose a safety risk or for any other reason; and/or
(b) cancel the Activity if the conditions are deemed dangerous; and/or
(c) vary and/or substitute the prize (or part thereof) without notice with a prize to the equal value and/or specification, subject to any written directions from a State and/or Territory regulatory authority.
PRIZE WINNER
31. A prize will only be awarded where the prize winner’s, if applicable, additional documentation fulfils all of the requirements of the Promoter’s verification tests and procedures. Verification and procedures are determined by the Promoter at its absolute discretion.
32. If the winner selected is deemed not to comply with the terms and conditions of this Promotion, their entry will be declared invalid and a new prize winner will be determined in the Unclaimed Prize Draw.
33. To the full extent permitted by law, the Promoter, its associated companies and agencies exclude all liability for any loss (including any damage, claim, injury, cost or expense) which is suffered or incurred by any Entrant and/or prize winner in connection with the Promotion or prizes, including:
i. any indirect, economic or consequential loss or loss of profits;
ii. any loss arising from the negligence of the Promoter, its associated companies and agencies;
iii. any liability for personal injury or death.
34. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought by the winner.
35. The Promoter, other entities associated with this competition and their related bodies corporate, and each of their officers, employees and agents shall not be liable for and shall be held harmless in respect of any loss, damage, or injury whatsoever which is suffered (including but not limited to direct or consequential loss) or sustained, as a result of or arising from the winner’s acceptance and  use of the prize, except to the extent that any such liability cannot be excluded by law.
36. Entry details remain the property of the Promoter. Acceptance of the prize is deemed to be acceptance by the winner of these terms and conditions and approval to use the winner’s name and photograph for publicity purposes, unless specifically requested by the winner not to do so at the time of entering the competition.
GENERAL
37. If the competition does not run for its duration due to, but not limited to, computer viruses, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the Promoter’s control that corrupts or affects administration, security, fairness or proper conduct of the competition, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process. The Promoter will not be responsible for:
(a) Malfunction, delay or traffic congestion on any network line, computer on-line system, servers or providers, computer equipment, software, or website;
(b) Failure of any entry to be received by the Promoter as a result of those matters; nor
(c) Any injury or damage to entrants or any other person related to or resulting from participation in the competition or downloading any materials relating to the competition.
38. The Promoter accepts no responsibility for any late, lost or misdirected entries due to technical disruptions, network congestion or for any other reason.
39. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the Promotion on the dates and in the manner described in these Conditions of Entry, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel or reschedule the Promotion, subject to state legislation.
40. The Promoter is not responsible for any incorrect or inaccurate information, either caused by the user or for any of the equipment or programming associated with or utilised in this Promotion, or for any technical error, or any combination thereof that may occur in the course of the administration of this Promotion including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of claims.
41. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these Conditions of Entry, or engaged 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.
42. The Promoter and its associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission; communications line failure, theft or destruction or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available.
43. If for any reason this Promotion is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the reasonable control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the Promotion, subject to any written direction given under State Regulation.
44. The Promoter assumes no responsibility for:
I. any error, omission, interruption, or delay in the operation or transmission of any communication sent to (or by) the Promoter or any Entrant whether caused by problems with communication networks or lines, computer systems, software or internet service providers, congestion on any carrier network or otherwise; or
II. any technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times; or
III. any theft, destruction or unauthorised access to, or alteration of such communications; or
IV. any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Promotion; or
V. any incorrect or incomplete information which may be communicated in the course of the administering this Promotion.
CAUTION: Any attempt to deliberately undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law.
PERSONAL INFORMATION
45. By providing your details (including your telephone number), you agree to receive marketing information about products and services from Yabby Lake International until you advise us otherwise and ‘opt out’ by contacting Customer Service and Marketing on (03) 9667 6541 or in writing to ‘The Marketing Manager, Yabby Lake International via email (info@yabbylake.com) or post – Level  1, 500 Chapel Street, South Yarra VIC 3141. Our Privacy Policy is available on our website www.yabbylake.com . All personal information will be stored at the office of the Promoter.
46. The Promoter may share information with its Australian related companies who may contact Entrants with relevant special offers in this way. Personal information may also be accessed by the Promoter’s marketing and website service providers for the purpose of processing and conducting the promotion and assisting with marketing communications. By entering the promotion, each Entrant agrees that the Promoter may use Entrants’ personal information in this manner.
47. The Promoter and their associated agencies and companies assume no responsibility for any error, omission, interruptions, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available.
48. All claims and any copyright subsisting in the claims become and remain the property of the Promoter. The Promoter collects personal information about Entrants to include Entrants in the promotion and where appropriate award any offer.  If the personal information requested is not provided, the Entrant may not participate in the promotion.
49. All Entrants personal information may be disclosed to State and Territory lottery departments and winner’s names published as required under the relevant lottery legislation.
50. The Promoter encourages consumers to enjoy wine responsibly. Legal aged consumers are advised to consider the safe drinking levels recommended in the National Health and Medical Research Council Australian Alcohol guidelines that are available at www.nhmrc.gov.au
51. The Promoter is Yabby Lake International Pty Ltd (ACN: 078 013 082) of Level 1, 500 Chapel Street, South Yarra, VIC 3141. Telephone: 03 9667 6541. 
52. Authorised under NSW Permit No. LTPS/11/11707, ACT Permit No. TP 11/05019, VIC Permit No. 11/2693 & SA Licence No. T11/2703.