Digital Activation – Bombay ROS Launch – Australia
Full Terms & Conditions
Information on how to enter and the Offer (defined below) form part of these Terms and Conditions. Claimants (defined below) will be deemed to have accepted these terms and conditions (“Terms and Conditions”), and agreed to be bound by these Terms and Conditions, when participating in this promotion (“Promotion”).
(“Promoter”): BACARDI-MARTINI AUSTRALIA PTY LTD (ABN 40 103 911 146) of L8 201-217 Kent St Sydney, NEW SOUTH WALES, 2000 Australia. The Promoter is responsible for all administrative aspects of the Promotion (including determination of Claimants, Offer, redemptions and technical support etc.)
For questions or comments, the Promoter can contacted via the form at https://Contact.BacardiLimited.com
(“Claimant”): A consumer participating in this Promotion by claiming and/or redeeming the Offer.
Vendor or Participating Venue
(“Vendor” or “Participating Venue”): An on-premises liquor licensed venue that agrees to participate in this Promotion by providing the Offers and advertising this Promotion.
The “Offer” available for this Promotion is a free Bombay Sapphire cocktail drink. The drinks included in the Promotion are as follows:
Claimant’s choice of: [PLEASE INSERT DRINKS AVAILABLE FOR THIS PROMOTION]
All Offers are non-transferable, non-refundable and cannot be exchanged for any cash alternatives in whole or in part.
Starting Date 12:00 (AEDST) on 19/10/22
Closing Date 23:59 (AEDST) on 19/11/22
Claims and redemptions received after the closing date will not be valid.
Who May Claim
This Promotion is open to residents of Australia aged 18 or over excluding QLD and WA residents.
The following may not participate, claim or redeem the Offer: (a) employees of the Promoter or its agents and their first and second degree family members, (b) anyone else who is directly or indirectly professionally connected with the Promotion or the Promoter and their family members, and (c) employees of any company active in the alcoholic beverage sector (and their first and second degree family members).
How To Claim/Redeem
To claim, Claimants must follow the below steps during the Promotion Period:
i. Click on a sponsored Instagram or Facebook post advertising this Promotion and be redirected to the promotional microsite;
ii. Confirm that they are aged 18 years or over by passing age gate to access the landing page;
iii. Click ‘enter’ on landing page to proceed to the sign up page;
iv. Sign up by logging into their Facebook or Instagram account or inputting the requested details including first and last name, date of birth, and email address;
vi. Submit the fully completed claim form.
Upon completing the steps above, Claimants will then receive an email with Participating Venue locations and their unique claim link. Claimants will also be provided a map with Participating Venue locations.
To redeem the Offer, Claimants must complete the following steps during the Promotion Period:
i. Visit a Participating Venue;
ii. Click on the unique link in the provided email; and
ii. Swipe their screen in front of the venue staff to confirm their eligibility to redeem the Offer. Proof of age may be required.
Limitations / Restrictions On Entry
Only one (1) claim is permitted per person. This will be monitored by only allowing one (1) entry per email address. Duplicated claims may not be issued, nor redeemed within the Promotion.
The Promotion is only valid for the dates as specified in these Terms and Conditions and no compensation is payable if the Claimant is not able to redeem this Offer in one of the Participating Venues within the Promotion Period (including but not limited to venue closures as a result of COVID-19).
Bulk entries made from trade, consumer groups or third parties will not be accepted. Incomplete or illegible entries, bulk entries, entries by or via third parties or syndicates, entries by macros or other automated means (including systems which can be programmed to submit entries), and entries which do not satisfy the requirements of these Terms and Conditions in full will be disqualified and will not be counted. If it becomes apparent that a Claimant is using a computer(s) to circumvent this condition by, for example, the use of ‘script’, ‘brute force’, masking their identity by manipulating IP addresses, using identities other than their own or any other automated means to generate additional entries in a way that is not consistent with the spirit of the Promotion, that Claimant’s entries will be disqualified and any reward will be void.
The Promoter reserves the right, at any time, to verify the validity of entries and Claimants (including a Claimant’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 jeopardize 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.
The Promoter’s decisions are final and binding in all respects on all Claimants and no correspondence will be entered into.
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. The Promoter advocates the responsible service and consumption of alcohol.
The Promoter shall take appropriate technical and organisational measures against the unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
The Promoter takes no responsibility for any expenses accrued by the Claimant in order to redeem the Offer.
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.
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 Offer 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 the Offer value to that stated in these Terms and Conditions; (e) any tax liability incurred by a Claimant; or (f) taking/redemption or use of the Offer.
Subject to the restrictions set out in the paragraph above, the Promoter will not be responsible for (and will have no liability in connection with) the following occurrences, to the extent that they occur for reasons beyond the Promoter’s reasonable control:
a) any postponement, modification or cancellation of the Promotion;
b) any changes to the Offer or the way in which they can be used;
c) invalidating any affected claims; and
d) any act or default of any third party supplier including the Vendors.
If for any reason any aspect of this Promotion is not capable of running as planned, including as a result of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, epidemic, pandemic, public health emergency, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter may in its sole discretion and subject to any written directions given under applicable law:
a) Cancel, terminate, modify or suspend the Promotion; and/or
b) Invalidate any affected claims; and/or
c) Disqualify any individual who tampers with the claim process.
Promoter’s Intellectual Property
All intellectual property and database rights, in the Promoter’s Facebook page, the Promoter’s Instagram page, the Promotion Application, and our materials published on them excluding so-called “user generated content” but including, without limitation, trademarks, designs, logos, text, images, audio and video materials, look and feel and software (including code, interface and website structure) (“Materials”) are owned by the Promoter (or its subsidiaries, affiliates, agents or partners).
The Materials are protected by intellectual property laws and treaties around the world.
All such rights are reserved, and it is strictly prohibited to remove any copyright or other proprietary notices from any Materials.
Australian Law Applies
This Promotion, these Terms and Conditions and any dispute or claim arising out of or in connection with them (including in relation to the Offer), shall be governed by and construed in accordance with Australian law and Claimants irrevocably agree that the courts of Australia shall have exclusive jurisdiction to settle any such dispute or claim.
If there is a conflict between these Terms and Conditions and any other document referred to in these Terms and Conditions, these Terms and Conditions take precedence to the extent necessary to resolve the conflict.
If any part of these Terms and Conditions is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the rest of these Terms and Conditions will not be affected. The Promoter’s failure to enforce any provision of these Terms and Conditions will not constitute a waiver of that provision.
Any website on which these Terms and Conditions are posted is only intended to be accessed from Australia and where permitted by law. The Promoter makes no representation that materials relating to this Promotion are appropriate or available for use at other locations. Access to them from territories where their contents are illegal is strictly prohibited.