1. Information on how to enter forms part of the terms of entry. Entry into the competition is deemed acceptance of these terms and conditions. This is a game of chance and skill plays no part in determining the winner.
2. Entry is open to all residents of Australia. Employees and their immediate families of the Promoter and their associated agencies and companies are not eligible to enter.
3. The competition commences on 15 November 2022 at 00:01 (ACST) and concludes on 15 December 2022 at 23:59 (ACST).
4. It is a condition of entry that all entrants are over the age of 18 upon the date of entry.
5. Each entrant (including winners) will receive one (1) entry in the competition for completing either of the following activities: –
a. Purchasing online or via the tasting room with Shaw + Smith. Exisiting members of the wine club or anyone who signs up before 15 December 2022 will receive an additional (1) entry with their purchase.
6. Inaudible, incomprehensible and illegible entries will be deemed invalid.
7. The Promoter reserves the right to request winners to provide proof of identity, proof of age and, proof of residency at the nominated prize delivery address and/or proof of entry validity in order to claim a prize. Proof of identification, age, residency and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.
8. The Promoter reserves the right to verify the validity of entries and to disqualify any entry which, in the opinion of the Promoter, includes objectionable content, profanity, potentially insulting, discriminatory, inflammatory or defamatory statements, disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these Terms & Conditions of Entry or who has, in the opinion of the Promoter, engaged in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or the Promoter. The Promoter reserves the right to disqualify a winner if the Promoter becomes aware that the winner and/or the winner's entry is of a type described in this clause.
9. The prize draw will occur at 11:00am (ACST) on 16 December 2022. This day is referred to as the "promotional day".
10. Entries must be received by 23:59 (ACST) on 15 December 2022 for the entry to be included in the draw. The time of entry will in each case be the time the registration data is received by The Promoter database. The Promoter accepts no responsibility for any late, lost or misdirected entries not received by the Promoter or delays in the delivery of data due to technical disruptions, network congestion or for any other reason.
11. The prize includes the following:
CUBE™ Portable BBQ - Everdure by Heston Blumenthal
Shaw + Smith 3 x 375ml Gift Box
Eto Stainless Steel Finish Wine Decanter
TASTE by Stanley Tucci
Mud Australia Cheese Platter
Good Gilbert x Billie Justice Thomson Pol Roger Print
The Fish Weight by Josh Niland
Little Greeves Chilli Oil 250ml
Playing Cards x David Shrigley
12. Total prize value is AUD $1400 (including GST and delivery),
13. Prizes cannot be transferred or redeemed for cash. The Promoter will directly cover the cost of all prize elements listed in point 11 above. All other costs, other than those specified by the Promoter above as ‘the prize’, shall be paid for by the prize winner.
14. If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to State Regulation.
15. The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of the prize, if the Promoter determines, in their absolute discretion, that a winner is not in the mental or physical condition necessary to be able to safely participate in the prize. It is a condition of accepting the prize that the winner may be required to sign a legal release in a form determined by the Promoter in its absolute discretion.
16. Once prizes have left the Promoter's premises, the Promoter takes no responsibility for prizes damaged, delayed or lost in transit.
17. By accepting the prize, the winner agrees to participate in and co-operate as required with all reasonable media editorial requests relating to the prize, including but not limited to, being interviewed and photographed, filmed and/or chaperoned through the duration of the prize.
18. In consideration for the Promoter awarding the prize to the winner, the winner hereby assigns to the Promoter all right, title and interest in and to all copyright in any material created pursuant to the winner's participation in any aspect of the prize (Works). The winner acknowledges that the Promoter is free to use the Works and to exercise its rights in relation thereto and the winner will not be entitled to any fee for such use.
19. In consideration for the Promoter awarding the prize to the winner, the winner hereby permits the winner's image and/or voice, as recorded, photographed or filmed during the winner's participation in the prize to appear in connection with the Promoter or the advertising or marketing thereof, in any media whatsoever throughout the world and the winner will not be entitled to any fee for such use.
20. In the event that for any reason whatsoever a winner does not take an element of the prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that element of the prize.
21. Prize values are based upon the recommended retail prices at the time of printing (inclusive of GST). The Promoter accepts no responsibility for change in prize value between now and the ultimate prize redemption date.
22. Each valid entrant who has entered the competition over the duration of the promotional period will be entered into the draw. One (1) valid entrant will be drawn by a random manual draw to become the winner on the promotional day. The draw will take place at the Promoter’s premises at 136 Jones Rd, Balhannah, SA 5242 on the promotional day at 11:00am ACST.
23. The winner will be notified by phone call. Winner will also be published on the website at shawandsmith.com.
24. Should an entrant's contact details change during the promotional period, it is the entrant's responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.
25. If applicable, an unclaimed prize draw will take place at the Promoter’s premises at 136 Jones Rd, Balhannah, SA 5242 three (3) months after the draw date of the prize on 15 January 2022.
26. The Promoter's decision is final and the Promoter will not enter into correspondence regarding the Competition result.
27. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and the prize supplier's requirements.
28. It is a condition of accepting the prize that the winner may be required to sign a legal release in a form determined by the Promoter in its absolute discretion.
29. All entries become the property of the Promoter and may be used for promotional purposes without any further reference, payment or other compensation to the entrant. A request to access or modify any information provided in an entry should be directed to the Promoter at the address set out below.
30. 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 competition on the dates and in the manner described in these terms and conditions, 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 the competition and recommence it from the start on the same conditions, subject to any written directions given under State Regulation.
31. The Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability, which cannot be excluded by law. The Promoter is not responsible for any incorrect or inaccurate information, either caused by the phone user or for any of the equipment or programming associated with or utilised in this competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition 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 entries.
32. 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, 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.
33. The Promoter and their 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.
34. If for any reason this competition 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 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 competition, subject to any written direction given under State Regulation.
35. All entries become the property of the Promoter. The Promoter collects personal information about you to enable you to participate in this promotion.
36. All entries become the property of The Promoter. All entries are opt-in and will be entered into a database and joined as a member of Shaw + Smith (and Tolpuddle Vineyard if opted-in.) The Promoter (and their agents), may use the entrant's names, address, email and telephone numbers for future promotional and marketing purposes without notice and without any fee being paid unless otherwise advised by the entrant. By entering the promotion, entrants confirm that they allow their details to be used for this purpose. If entrants do not consent to their details being used for future marketing purposes, the entrant should contact The Promoter on their details set out below and be withdrawn form the competition. Any request to update, modify or delete the entrant's details in the future should be directed to The Promoter and will be done immediately upon request.
37. The Promoter is collecting the entrant's personal information for the purpose of conducting and promoting this competition (including but not limited to determining and notifying winner). The entrant’s personal information remains their own and may only be shared with our agents for the purpose of communicating Shaw + Smith offers (and Tolpuddle Vineyard offers if opted-in.) They will not be sold or rented to any other companies.
38. Entrants' personal information may be disclosed to State and Territory Agencies and winners' names published as required under the relevant State legislation. A request to access, update or correct any information should be directed to the Promoter.
39. The Promoter is Shaw + Smith Pty Ltd (ABN: 88 008265 816) 136 Jones Rd Balhannah SA 5242.
40. The benefiting party is Shaw + Smith Pty Ltd.