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 Gundog Estate (ABN 13 165 695 956) of 101 McDonalds Road, Pokolbin, NSW 2320, telephone (02) 8767 7000 (“Promoter”)
3. Entry is only open to Australian residents with a current Australian postal address over the age of 18.
4. Promotion commences on 1 March 2019 and ends at 1 March 2020 (“Promotional Period”).
5. To enter, individuals must upload a photograph on Instagram or Facebook and tag the photograph with #gundogmoment. It is a strict condition of entry that (a) the entrant has obtained the prior consent of all persons identifiable in the photograph to the photograph being entered in this promotion and (b) the entrant has ensured that all persons identifiable in the photograph entered understand that if selected as a winning entry, the photograph will be shared.
6. This is not a game of chance. The Promoter will choose a winning entry on its sole discretion.
7. Total prize value is up to $150 (RRP) quarterly & will consist of a 3 pack of Gundog Estate wines. Prizes, or any portion of a prize cannot be taken as cash. The prize pack of wine will be sent out within 1 month of confirmation of selection.
8. The Promoter will notify winners on the platform in which they posted (either Instagram or Facebook) on a quarterly basis. Winners will be published on https://www.instagram.com/gundogestate &/or https://www.facebook.com/Gundog-Estate
9. It is a condition of entry that when an entrant submits a photograph via the promotion (“Content”), the entrant licenses and grants the Promoter rights to use and publish such Content for any purpose without compensation, restriction on use, attribution or liability. Entrants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.
10. Entrants agree that they are fully responsible for the Content they submit. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. Entrants warrant and agree that: (a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children, or otherwise unsuitable for publication. Entrants agree that their Content shall not contain viruses or cause injury or harm to any person or entity; and that they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.
11. 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.
12. Multiple entries are permitted, provided each entry is submitted separately and in accordance with entry requirements.
13. The Promoter’s decision is final and no correspondence will be entered into.
14. 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 (Cth), as well as any other implied warranties under the ASIC Act (Cth) 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.
15. 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.