“TRUNK TREASURES” PROMOTION

 

TERMS AND CONDITIONS

 

 

1. Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

 

1. Entry is only open to Australian residents (excluding residents of NT) aged 18 years or over.

 

1. Employees (and their immediate families) of the Promoter, participating retailers 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.

 

1. There are two (2) components to this promotion: (1) an instant win game; and (2) a major prize draw (“Major Prize Draw”). Entries into the promotion open on 26/04/2022 and close at 11:59pm AEST on 05/07/2022 (for the Major Prize Draw) and 01/08/2022 (for the instant win component) (“Promotional Period”).

 

1. To be eligible to enter, individuals must purchase any one (1) x specially marked Elephant in the Room product from a participating store nationally (excluding NT) during the Promotional Period (“Qualifying Transaction”).

 

1. To enter for the chance to win an instant prize, individuals must then complete the following steps during the Promotional Period:

• Scan the QR code located on the specially marked Elephant in the Room product and follow the prompts to the promotion entry page;

• Input the requested details including full name, email, post code, and date of birth;

• Submit the fully completed entry form; and

• Complete the game displayed on the promotional website to see if they have instantly won.

 

1. To enter the Major Prize Draw, entrants must then complete the following steps before 11:59pm AEST on 05/07/2022:

• Locate the Promoter’s Instagram page at “@elephantintheroomaustralia” (“Instagram Page”);

• Ensure they are following the Instagram Page;

• Locate and like the promotional post; and

• Reshare the promotional post with the hashtag “#trunktreasures”.

 

1. Multiple entries permitted subject to: (a) only one (1) entry permitted per reshare of the promotional post; and (b) only one (1) entry permitted per Qualifying Transaction.

 

1. Entrants must retain a copy of their purchase receipt as proof of purchase. Failure to produce the proof of purchase when requested may, in the absolute discretion of the Promoter, result in invalidation of an entrant’s entry and forfeiture of any right to a prize.

 

1. 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.

 

1. Incomplete or indecipherable entries will be deemed invalid.

 

1. 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.

 

1. There will be two (2) major prize draws (“Major Prize Draws”) for this promotion. Entries close at 11:59pm AEST on 27/05/2022 for Major Prize Draw 1 and 05/07/2022 for Major Prize Draw 2. The draws will take place at Level 3, 240-244 Pacific Highway, Charlestown NSW 2290 at 2:00pm AEST on 30/05/2022 (Major Prize Draw 1) and 06/07/2022 (Major Prize Draw 2). Non-winning entries in Major Prize Draw 1 will be entered into Major Prize Draw 2. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.

 

1. Instant winners will be notified immediately online upon entry submission and their  names published online at www.trunktreasures.com.au from 2/08/2022. Major Prize Draw 1 winners will be notified by email and their names will be published online at www.trunktreasures.com.au from 31/05/2022. Major Prize Draw 2 winners will be notified by email and their names will be published online at www.trunktreasures.com.au from 08/07/2022.

 

1. The Promoter’s decision is final and no correspondence will be entered into.

 

1. The first valid entry drawn from each Major Prize Draw will each win a $2,500 E-Visa card.  

 

1. Instant win prizes are available to be won during the Promotional Period in each State/Territory as follows:

 

State

Instant Win Prizes

Total State / Territory Value

NSW

• 25 x $50 Uber Voucher

• 25 x $50 Uber Voucher

• 7 x $150 Red Balloon Vouchers

• 7 x Drunk Elephant Skin Care pack valued at $97

• 7 x Twin Pack of any Elephant in the Room 750ml bottle valued at $20

• 1 x $400 Flight Centre Vouchers

• 2 x Kreafunk, Acube Bluetooth Speaker valued at $99.95

$4,968.90

QLD

• 25 x $50 Uber Voucher

• 25 x $50 Uber Voucher

• 7 x $150 Red Balloon Vouchers

• 9 x Drunk Elephant Skin Care packs valued at $97

• 9 x Twin Pack of any Elephant in the Room 750ml bottle valued at $20

• 1 x $400 Flight Centre Vouchers

• 4 x Kreafunk, Acube Bluetooth Speaker valued at $99.95

$5,402.8

VIC

• 30 x $50 Uber Voucher

• 30 x $50 Uber Voucher

• 7 x $150 Red Balloon Vouchers

• 9 x Drunk Elephant Skin Care packs valued at $97

• 9 x Twin Pack of any Elephant in the Room 750ml  bottle valued at $20

• 1 x $400 Flight Centre Vouchers

• 4 x Kreafunk, Acube Bluetooth Speaker valued at $99.95

$5,902.80

SA

• 20 x $50 Uber Voucher

• 20 x $50 Uber Voucher

• 5 x $150 Red Balloon Vouchers

• 5 x Drunk Elephant Skin Care packs valued at $97

• 7 x Twin Pack of any Elephant in the Room 750ml  bottle valued at $20

• 1 x $400 Flight Centre Vouchers

• 2 x Kreafunk, Acube Bluetooth Speaker valued at $99.95

$3,974.90

WA

• 20 x $50 Uber Voucher

• 20 x $50 Uber Voucher

• 5 x $150 Red Balloon Vouchers

• 5 x Drunk Elephant Skin Care packs valued at $97

• 7 x Twin Pack of any Elephant in the Room 750ml  bottle valued at $20

• 1 x $400 Flight Centre Vouchers

• 2 x Kreafunk, Acube Bluetooth Speaker valued at $99.95

$3,974.90

ACT

• 10 x $50 Uber Voucher

• 10 x $50 Uber Voucher

• 2 x $150 Red Balloon Vouchers

• 1 x $400 Flight Centre Vouchers

$1,700.00

TAS

• 10 x $50 Uber Voucher

• 10 x $50 Uber Voucher

• 2 x $150 Red Balloon Vouchers

• 3 x Twin Pack of any Elephant in the Room 750ml  bottle valued at $20

• 1 x $400 Flight Centre Vouchers

$1,760.00

Total: $27,684.30

 

 

1. No more than 20 litres of alcohol will be won by New South Wales residents. Once/if 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.

 

1. 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.

 

1. Any ancillary costs associated with redeeming the voucher and E-Visa card are not included. Any unused balance of the voucher and E-Visa card will not be awarded as cash. Redemption of the voucher and E-Visa card is subject to any terms and conditions of the issuer including those specified on the Voucher and E-Visa card.

 

1. Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize at/by the time stipulated by the Promoter, then the prize will be forfeited.

 

1. 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.

 

1. Total prize pool value is $6,700.00 in ACT, $8,974.90 in SA, $9,968.90 in NSW, $10,402.80 in QLD, $10,902.80 in VIC, $8,974.90 in WA and $6,760 in TAS.

 

1. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.

 

1. All claims for instant win prizes must be received by 5:00pm AEDST on 18/10/2022. A draw for any unclaimed prizes (for both the instant win component and Major Prize Draws 1 and 2) may take place on 19/10/2022 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners, if any, will be notified by email and their names will be published online at www.trunktreasures.com.au from 20/10/2022.

 

1. 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.

 

1. 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 or fraud, 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.

 

1. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.

 

1. Quality control errors will not invalidate an otherwise valid prize claim.

 

1. Unless otherwise due to fraud or ineligibility under these Terms and Conditions, all prize claims in excess of the advertised prize pool will be honoured. Any instant win prizes that are part of the advertised total prize pool will be awarded in the unclaimed prize draw.

 

1. Instant win game materials void if stolen, forged, mutilated or tampered with in any way.

 

1. 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.

 

1. 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.

 

1. The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.fourthwavewine.com.au/Privacy.  In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter will not disclose PI to any entity outside of Australia.

 

1. Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Instagram Rules, which can be found at http://instagram.com/about/legal/terms

 

1. This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. Entrants understand that they are providing their information to the Promoter and not to 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 Instagram. 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.

2. ​

3. The Promoter is Fourth Wave Wine Partners (ABN 32 243 483 797) of Suite 1, Level 3, 240-244 Pacific Highway, Charlestown, NSW 2290, telephone 1300 778 047 (“Promoter”).

 

ACT Permit No. TP22/00224. SA Permit No. T22/145