1. Information on how to enter and prizes form part of these terms and conditions. By participating, entrants agree to be bound by these terms and conditions. Entries must comply with these terms and conditions to be valid.
2. The Promoter is Virginia Spirits Pty Ltd (82 143 743 533) of 23 Crosby Road Virginia, SA 5120. To contact the Promoter, please email hello@36short.com.au.
Competition period
3. The Competition commences at 18:00 AEDT on 8 February 2024 and ends at 23:59 AEDT on 12 February 2024 (Competition Period).
Eligibility to Enter:
4. Entry is open to residents of Australia (excluding NT) who are aged 18 years or over (Eligible Entrants).
5. Directors, management, employees, and their immediate families, of the Promoter, retailers, suppliers, associated entities and agencies associated with this competition are ineligible to enter.
How to enter
6. To enter, Eligible Entrants must, during the Competition Period:
Follow @fevertreeaustralia, @36shortspirits and @gigiandtom_ on Instagram and tag a friend in order to be considered.
Multiple entries are permitted subject to compliance with these terms and conditions. Likes from fake profiles or users who have not satisfied the ‘follow’ element of the entry terms will be deemed invalid.
Prize
1. Eligible Entrants will be eligible to win 1x pack consisting of 1x 6x4x200mL case of Fever-Tree Mediterranean Tonic Water, 1x 6x4x200mL case of Fever-Tree Refreshingly Light Wild Raspberry Tonic Water, 1x bottle of 36Short Hibiscus Gin, 1x bottle of 36 Short Limoncello and a $100 Gigi&Tom gift card. The total prize valued at approximately $325.00AUD (Prize).
2. All taxes (excluding goods and services tax (GST)), which may be payable as a consequence of receiving the Prize, are the sole responsibility of the Winners.
3. The Promoter is not liable for any loss, damage or injury suffered (even if caused by negligence) as a result of the Winners accepting or using the Prize (or both), except for any liability that cannot be excluded by law.
Draw date and time
4. All valid entries will be included in the draw.
5. The draw will take place on Monday February 12th, 2024, at 23 Crosby Road Virginia, SA 5120.
6. The first and random valid entry drawn will be the winner of the Prize (Winner).
7. The Prize will be announced and distributed in accordance with clause 19 and clause 20. Winning is not contingent on being present at the draw.
Prize delivery
8. Prizes will be delivered, paid or transferred to the Winners to the address(es) advised (which must be in Australia) within 28 days after the Prize Draw Date.
Prize substitution
9. In the event that the Prize (or any part of the Prize) becomes unavailable for reasons beyond the Promoter's control, the Promoter may substitute a prize (or the relevant part of a prize) with a prize of equal or greater value subject to any contrary direction from a regulatory authority.
Winner notification and publication
10. The Winners will be notified in writing by Instagram direct message by the @36shortspirits account to the Instagram account used to enter the Competition within 2 business days of the Prize Draw Date.
Unclaimed prizes
11. All Prizes will be distributed during or after the close of the Competition.
12. The Promoter will make reasonable efforts to identify and locate the Prize Winners.
13. If any Prizes (other than perishable Prizes) remain unclaimed within one month after the Prize Draw Date, an unclaimed Prize draw will be held by the Promoter at 23 Crosby Road Virginia, SA 5120 on 12/3/2024 at 09:00 AEDT subject to the approval of any necessary regulatory authority (Unclaimed Prize Draw).]
14. The Promoter assumes no responsibility for any failure to receive an entry or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches. If such problems arise, the Promoter may (where necessary with the approval of the relevant lottery authority) modify, cancel, terminate or suspend the Competition.
Use of Eligible Entrant's personal information
15. Personal information including the Eligible Entrant’s name, age (with verification), postal address, and mobile number will be collected and used for the purpose of conducting this Competition. This may require disclosure to third parties, including local regulatory authorities and the Promoter’s agents or third-party service providers, for the purpose of conducting the Competition, or for promotional and marketing purposes (including for direct marketing) (Purpose).
16. By entering this Competition, Eligible Entrant’s consent to the use of their personal information for the Purpose, and that the Promoter may contact them for future marketing and material purposes without payment. Eligible Entrants agree that the Promoter may use this information for that purpose.
17. Eligible Entrants may access, change or update their personal information by emailing the Promoter on hello@36short.com.au during office hours. A copy of the Promoter’s privacy policy is available at https://www.36short.com.au/pages/privacy-policy. The privacy policy contains information about how individuals may access or correct personal information or make a privacy-related complaint.
Publicity
18. Eligible Entrants consent to the Promoter using their name, likeness, image or voice (or a combination of these) in the event that they are a Winner in any media for an unlimited period of time without remuneration or compensation for the purpose of promoting this Competition (including any outcome) and/or promoting any products manufactured, distributed or supplied (or both) by the Promoter.
Social media platforms
19. By using and entering this Competition on Facebook or Instagram Eligible Entrants:
(a) agree to comply with Instagram's terms of use;
(b) release Instagram from all claims based on, related to or arising from the Competition; and
(c) acknowledge and agree that this Competition is in no way sponsored, endorsed, administered by or affiliated with Instagram.
Governing law and jurisdiction
20. These terms and conditions, and the trade promotion and any claim or dispute between the Promoter and an Entrant are governed by the laws of NSW. Entrants submit to the non-exclusive jurisdiction of courts and tribunals of NSW in connection with any dispute concerning these terms and conditions and the trade promotion.
General conditions
21. The Promoter accepts no responsibility for late, lost or misdirected entries or other communications. Entries will be deemed void if illegitimate, forged, manipulated or tampered with in any way.
22. Should an Eligible Entrant’s contact details change during the Competition Period, it is the Eligible Entrant's responsibility to notify the Promoter. A request to access or modify any information provided as part of the redemption of a Prize should be directed to the Promoter. The Promoter takes no responsibility where it is unable to contact prize winners who have not provided correct or complete contact details.
23. The Promoter reserves the right to request verification of the social media profile of Eligible Entrants and of the age, identity and residential address of the Winners and any other information relevant to entry into or participation in this Competition. Verification is at the discretion of the Promoter, whose decision is final. Failure by the Promoter to enforce any of its rights does not constitute a waiver of those rights.
24. The Promoter reserves the right to disqualify any individual who submits an entry that is not in accordance with these terms and conditions, or who is involved in any way in interfering or tampering with the conduct of this Competition, has breached any of these terms and conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition. In the event that a winner breaches these terms and conditions, the winner will forfeit the prize in whole and no substitute will be offered. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
25. The Winners have rights under the Australian Consumer Law and other similar legislation which cannot be excluded, restricted or modified by the Promoter. These terms and conditions do not exclude, restrict or limit those statutory rights in any way. However, to the extent that it is permitted to do so, the Promoter (including its officers, employees and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits) whether direct, indirect, special or consequential, arising in any way out of the Competition, including, without limitation:
(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 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 market value to that stated in these terms and conditions;
(e) any tax implications; or
(f) the Prize or use of the Prize.
26. If for any reason beyond the reasonable control of the Promoter this Competition is not capable of running as planned, the Promoter reserves the right in its sole discretion to take any action that may be available to it, and to cancel, terminate, modify or suspend the Competition, unless to do so would be prohibited by law.
27. The Promoter reserves the right to cancel, terminate, modify or suspend the Competition or amend these terms and conditions, subject to any directions from a regulatory authority.
