“ELEPHANT IN YOUR ROOM!” PROMOTION
TERMS AND CONDITIONS
1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. The promoter is Fourth Wave Wine Partners (ABN 32 243 483 797) of Suite 22 Level 1/ 10 Bradford Close Kotara, NSW, Australia. (“Promoter”).
3. Entry is only open to Australian residents aged 18 years or over. Employees (and their immediate families) of the Promoter, Participating Stores (as defined below) 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.
4. Entries into the promotion open on 15th of April 2021 and close at 11:59PM AEST on 15th of July 2021 (“Promotional Period”).
5. To enter, individuals must complete the following steps during the Promotional Period:
i. Purchase any specially marked bottle of Elephant In The Room (with the promotional neck tag QR code) (“Eligible Product”) from a Participating Store during the Promotional Period (“Qualifying Transaction”). In the event a purchase receipt is not automatically provided by a staff member, it is the individual’s responsibility to request one; and
ii. Scan the QR code located on the Eligible Product’s neck tag using a mobile device to launch the promotional website, or visit www.elephantinyourroom.com.au, input the requested details (including full name, age, email address and contact number) and submit the fully completed entry form.
6. A participating store is any retail store in Australia that stocks the Eligible Product (“Participating Store”)
7. Multiple entries permitted, subject to the following: (a) only one (1) entry is permitted per Eligible Product purchased; (b) a maximum of two (2) entries are permitted per person per day; and (c) each entry must be submitted separately and in accordance with these Terms and Conditions.
8. Entrants must retain a copy of their original purchase receipt(s) for all entries as proof of purchase. Failure to produce the proof of purchase for all entries when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an entrant’s entries and forfeiture of any right to a prize. Purchase receipt(s) must clearly specify the Participating Store of purchase, that an Eligible Product was purchased, and that the purchase was made during the Promotional Period but prior to entry.
9. 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.
10. Successful entrants will then be directed to the digital scratch and win interface and must then scratch their digital scratch card to reveal whether or not they have won an Instant Win Prize. The symbols revealed (Gold, Silver or Bronze Elephant) on the digital scratch card will determine whether an Instant Win Prize has been won. There are three (3) possible Instant Win Prizes to be won on the digital scratch card, as listed below (“Instant Win Prize”):
i. Gold Elephant: Elephant In The Room Party which includes up to ten (10) x bottles of Elephant In The Room valued at up to $120, catering valued at $1000 and a Spotify Premium Membership valued at $144, total value up to $1,264 (“Major Prize”). The number of bottles of Elephant In The Room awarded will be determined by the number of guests attending the Elephant In The Room Party. The quantity of Major Prizes available to be won in each State/Territory will be the following: NSW – five (5), QLD – five (5), VIC – five (5), WA – three (3), NT – two (2), SA – three (3), ACT – one (1), TAS – one (1), and one (1) additional Major Prize allocated randomly to any State/Territory;
ii. Silver Elephant: Sixteen (16) X Spotify Premium Membership valued at $144 each (two (2) to be won in each State/Territory); and
iii. Bronze Elephant: Sixteen (16) X Elephant In The Room twin pack (two bottles) valued at $24.00 each (two (2) to be won in each State/Territory).
11. Eligible Entrants that have won an Instant Win Prize will be deemed a provisional winner and will be subject to verification at the end of the Promotional Period. Provisional winners’ names of the Major Prize and any ACT prize winners will be published online at www.elephantinyourroom.com.au by 25th July 2021.
12. No more than 20 litres of alcohol will be won by New South Wales residents. Once 20 litres of alcohol has been won by New South Wales residents, cash will be awarded in lieu of the remaining alcohol prize(s) in New South Wales.
13. 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.
14. The Promoter’s decision is final and no correspondence will be entered into.
15. Incomplete or illegible entries will be deemed invalid.
16. Subject to the unclaimed prize draw, if for any reason a winner does not take/redeem a prize (or an element of the prize) at the time stipulated by the Promoter, then the prize (or an element of the prize) will be forfeited.
17. If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
18. Any ancillary costs associated with redeeming the Spotify Premium Membership are not included. Redemption of the Spotify Premium Membership is subject to any terms and conditions of the issuer.
19. The total prize pool value is $35,552.
20. For the purpose of SA permit the total prize pool awarded in SA is $5,392.
21. A draw for any prizes that have been won but unclaimed will take place at 9am AEDT on 15th of October 2021 at 10 Bradford Close Kotara NSW 2289, subject to any directions from a regulatory authority. Only entries that have not won a prize already will be entered into the relevant unclaimed prize draw. Winners (if any) will be notified in writing within two (2) business days of the draw. Winners’ names will be published online at www.elephantinyourroom.com.au by 22nd of October 2021.
22. Prizes are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
23. The Promoter encourages consumers to enjoy 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. Entry and continued participation in this promotion is subject to the licensee’s liquor serving policy.
24. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
25. 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. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the internet service provider used.
26. 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, fraud or pandemic, 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.
27. Printing and other quality control errors will not invalidate an otherwise valid prize claim. Instant win game materials void if stolen, forged, mutilated or tampered with in any way.
28. 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, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“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.
29. 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 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 entrant; or (f) taking/use of a prize.
SA Permit No. T21/126