“HENNESSY DIGITAL SAMPLING” PROMOTION
TERMS AND CONDITIONS

  1. Participation in this promotion is deemed acceptance of these Terms and Conditions. To the extent of any inconsistency between these Terms and Conditions and any other reference to this promotion, these Terms and Conditions prevail.
  2. The promoter is Moët Hennessy Australia Pty Ltd (ABN 26 104 454 604) Level 30, 1 International Towers, 100 Barangaroo Avenue, Sydney, NSW 2000. Phone: (02) 8344 9900 (“Promoter”).
  3. “Claimant”: A consumer who participates in this Promotion to redeem the Offer during the Promotional Period.
    “Vendor” or “Participating Venue”: A venue that participates in this Promotion by providing the Offer
    “Offer”:  The offer available for this Promotion is a complimentary Hennessy x Ginger drink from a Participating Venue. All Offers are non-transferable, non-refundable and cannot be exchanged for any cash alternatives in whole or in part.
  4. This promotion is only open to residents of Australia, aged 18 or over.
  5. The directors, management and employees (and their immediate families) of the Promoter, Participating Venue and agencies associated with this promotion, are not eligible to enter the promotion. 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
  6. Promotion commences on 18th of May 2022 at 12:00 (AEST) and ends at 23:59 (AEST) on 30th of June 2022 (“Promotional Period”). Claims or redemptions received after the Promotional Period will not be valid.
  7. To enter, individuals/entrants must complete the following step(s) during the Promotional Period:
    1. Click on a sponsored Instagram or Facebook post advertising the Promotion, or receive a referral link from a friend and be redirected to the promotional microsite;
    2. Confirm that they are aged 18 years or over at the age gate to access the landing page; Click ‘enter’ to proceed to the sign-up page;
    3. Input the requested details including first and last name, email address, date of birth, state, postcode; and
    4. Check the tick box to agree with Terms and Conditions and the Promoter’s Privacy policy available on :https://privacy-policy-ap.moethennessy.com/EN.pdf and then click ‘submit’,
    5. Individuals may click on the option to share the offer with friends and then browse participating venues.
    6. Upon completing the steps above, potential Claimants will then receive an email with the Hennessy x Ginger drinks voucher.
    7. When ready to redeem the Offer, the potential Claimant must complete the following steps during the Promotional Period:
      1. Click on ‘Your Hennessy x Ginger Voucher’ button within the email. Potential Claimants will be taken to a venue selection screen;
      2. Select a participating venue from the list provided;
      3. During the Promotional Period, visit a Participating Venue
      4. Click ‘Redeem Your Voucher Now’ and potential Claimants will have ten minutes in which to present the countdown screen to barstaff, in order to redeem their complimentary Hennessy x Ginger drink (“sample”). Proof of age may be required by the Participating Venue before serving the sample.
      5. Bar staff will direct Claimants to click a button on screen, once they have sighted the countdown screen, to confirm redemption and render the offer invalid for future use.
  8. Only one (1) entry permitted per person. This will be monitored by only allowing one redemption per email address. Duplicate vouchers may not be issued, nor redeemed within the Promotion.The Promotion is only valid during the Promotional Period and no compensation is payable if the claimant is not able to redeem this Offer in one of the Participating Venues within the Promotional Period (including but not limited to venue closures as a result of COVID-19). The Promoter accepts no responsibility or liability for any delay or failure by a Participating Venue to award the sample.
  1. Incomplete, illegal, misdirected, corrupted or late entries, or entries not in accordance with these Terms and Conditions will not be accepted. The Promoter takes no responsibility for entries delayed, incomplete or failure due to technical reasons or otherwise. The entrant is responsible for the accuracy of the contact details provided. Personal data provided must be true.
  2. Bulk entries made from trade, consumer groups or third parties will not be accepted. Incomplete or illegible entries, bulk entries, entries by or via third parties or syndicates, entries by macros or other automated means (including systems which can be programmed to submit entries), and entries which do not satisfy the requirements of these Terms and Conditions in full will be disqualified and will not be counted. If it becomes apparent that an entrant is using a computer(s) to circumvent this condition by, for example, the use of ‘script’, ‘brute force’, masking their identity by manipulating IP addresses, using identities other than their own or any other automated means to generate additional entries in a way that is not consistent with the spirit of the Promotion, such entries will be disqualified and any reward will be void.
  3. The Promoter reserves the right, at any time, to verify the validity of claims and claimants (including an claimant’s identity and age) and reserves the right, in its sole discretion, to disqualify any individual whom 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 jeopardize 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.
  4. The Promoter’s decisions are final and binding in all respects on all entrants and no correspondence will be entered into.
  5. LIABILITY
  6. The Promoter takes no responsibility for any expenses accrued by the claimant in order to redeem their Offer/Prize.
  7. 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 Australian Consumer Law, as well as any other implied warranties under the similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”) which may not be limited, excluded or modified by agreement. 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 without limitation negligence), contract or otherwise, for any personal injury; or any loss or damage (including without limitation loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion or accepting or consuming any sample.
  8. Except for any liability that cannot by law be excluded by law, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise for any personal injury; or any loss or damage (including without limitation 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 Offer/Prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a successful claimant; or (f) participation/taking/redemption or use of the Offer/Prize.Subject to the restrictions set out in the paragraph above, the Promoter will not be responsible for (and will have no liability in connection with) the following occurrences, to the extent that they occur for reasons beyond the Promoter’s reasonable control:
    1. any postponement, modification or cancellation of the Promotion;
    2. any changes to the Offer/Prize or the way in which they can be used;
    3. invalidating any affected claims; and
    4. any act or default of any third-party supplier including the Vendors

    If for any reason any aspect of this Promotion is not capable of running as planned, including as a result of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, epidemic, pandemic, public health emergency, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter may in its sole discretion and subject to any written directions given under applicable law:

    1. Cancel, terminate, modify or suspend the Promotion, and/or
    2. Invalidate any affected entries; and/or
    3. Disqualify any individual who tampers with the process.

 

  1. PROMOTER’S INTELLECTUAL PROPERTY
    All intellectual property and database rights, in the Promoter’s Facebook page, the Promoter’s Instagram page, the Promotion Application , and our materials published on them excluding so-called “user generated content” but including, without limitation, trademarks, designs, logos, text, images, audio and video materials, look and feel and software (including code, interface and website structure) (“Materials”) are owned by the Promoter (or its subsidiaries, affiliates, agents or partners).The Materials are protected by intellectual property laws and treaties around the world.

    All such rights are reserved, and it is strictly prohibited to remove any copyright or other proprietary notices from any Materials.

  2. AUSTRALIAN LAW APPLIESThis Promotion, these Terms and Conditions and any dispute or claim arising out of or in connection with them (including in relation to the Offer or Prize, shall be governed by and construed in accordance with Australian law and entrants irrevocably agree that the courts of Australia shall have exclusive jurisdiction to settle any such dispute or claim,.

    If there is a conflict between these Terms and Conditions and any other document referred to in these Terms and Conditions, these Terms and Conditions take precedence to the extent necessary to resolve the conflict.

    If any part of these Terms and Conditions is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the rest of these Terms and Conditions will not be affected. The Promoter’s failure to enforce any provision of these Terms and Conditions will not constitute a waiver of that provision.

  3. The Promoter encourages consumers to enjoy liquor 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.
  4. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
  5. Entry and continued participation in the Promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at facebook.com/terms.php, the Instagram Terms of Use which can be viewed at http://instagram.com/legal/terms/,(as applicable to the method of entry). This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. Entrants understand that they are providing their information to the Promoter and not to Facebook or Instagram. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook or Instagram. Facebook or Instagram will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.
  6. DATA PRIVACY
    The Promoter will collect and use the personal details supplied by Claimant on entering this Promotion to administer and run this Promotion; and may send relevant promotional communication post the campaign. In all cases, Claimant’s personal details will at all times be kept confidential and in accordance with the Promoter’s Privacy Policy which is available at:  https://privacy-policy-ap.moethennessy.com/EN.pdf  Unless otherwise indicated by the Promoter, the Promoter may share the Claimant’s Personal Information to other Moet Hennessy entities or affiliates outside of Australia.By entering the promotion, entrants consent to the Promoter for the collection and use of the entrant’s Personal Information by the Promoter to provide the entrant with marketing materials, including special offices and market research via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future. The Promoter may share an entrant’s Personal Information with its Australian and overseas related companies, promotional partners, servants, employees, agents and trusted third parties who may contact the entrant for their legitimate commercial purposes, including special offers, market research or to provide the entrant with marketing materials in this way. By entering the promotion, entrants acknowledge and agree that the Promoter and any applicable third parties may use their Personal Information in the manner set out in this condition.
  7. In these Terms and Conditions: “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth). “Personal Information” means, for the purpose of the Privacy Act 1988 (Cth), information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not.

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