Terms & Conditions
Promotion | Blue Eyed Boy French Riviera Cabin Give Away |
Promoter | Mollydooker Wines Pty Ltd (ACN 660 573 044) of 23 Coppermine Road, McLaren Vale, in the State of South Australia, 5171 |
Relevant States | · South Australia (Licence No. T24/265)
· New South Wales (Authority No. NTP/09044) · Australian Capital Territory (TP ACT TP 24/00320) · Victoria · Queensland · Northern Territory · Western Australia · Tasmania |
Entry Restrictions | This promotion is only open to residents of Australia aged 18 years and over for purchases made in Australia.
Personnel (and the Immediate Family of Personnel) of the Promoter, or of the agencies, distributors or Associated Entities of the Promoter and/or this Promotion are ineligible to enter. |
Promotional Period | The Promotion starts on 7 March 2024 at 08:00am ACDT.
The Promotion ends on 7 April 2024 at 23:59pm ACDT. |
Entry Method | To enter this Promotion, entrants must purchase any Mollydooker Blue Eyed Boy Shiraz 750ml (Wine Bottle) during the Promotional Period from either:
· the Mollydooker Cellar Door; · online at the MollyClub (login online at http://mollydookerwines.com.au/profile/login); or · online at http://mollydookerwines.com.au/shop-wines/. Each Purchase of the Wine Bottle must be made from either: · an existing customer profile with the Promoter (login online http://mollydookerwines.com.au/profile/login); or · a new customer profile online at http://mollydookerwines.com.au/profile/create-account. All purchases made in accordance with the above Entry Method is linked to the entrant’s customer profile and each purchase of the Wine Bottle will automatically enter that entrant into the Promotion. |
Permitted Entries | Multiple entries permitted subject to the following:
· only one (1) entry permitted per Wine Bottle purchased; and · maximum sixty (60) entries per person in total. The Promoter supports the responsible service of alcohol and encourages consumers to enjoy alcohol responsibly. Multiple purchases of the Wine Bottle should be shared and should not be consumed all at once. Any Wine Bottle purchased at the Mollydooker Cellar Door must not be consumed on the Promoter’s premises (as described in the Promoter details). |
Draw Details | The Draw will take place at 23 Coppermine Road, McLaren Vale in the State of South Australia 5171 on 10 April 2024 at 12:00pm ACDT in the presence of an independent scrutineer and in the form of a random number generator that will generate a number between the first and last entry encompassing the total list of entries. |
Prize Pool Value | Total Prize: AUD 20,000
Cabin: AUD 15,000 Flights: AUD 5,000 |
Prize | One prize including:
· cruise cabin for two (2) people in France from 25 July 2024 to 1 August 2024; and · return flights for two people departing from an Australian capital city to Paris, France on 23 July 2024 and returning to the same Australian capital city on 1 August 2024. |
Prize Conditions | The Prize is subject to booking and availability.
The Prize is non-refundable, non-transferrable and can not be sold or exchanged for cash or any other prize. The winner and his/her travel companion must travel together and depart from the closest Australian capital city to the primary residence of the winner and return to the same departure point. The winner’s travel companion must be a resident of Australia aged 18 years and over. The winner and his/her travel companion must be eligible to travel and have no less than six (6) months validity on each passport from the date of the return flight in the Prize. |
Notification of Winner | The winner of the Promotion will be contacted by email and phone after the Draw (12 April 2024).
The winner of the Promotion will be published at http://mollydookerwines.com.au/events/ within fourteen (14) days of the Draw (or Redraw if applicable). |
Prize Claim | The Prize must be claimed by the winner of the Promotion within fourteen (14) days of the Notification Date (Claim Date). |
Prize Delivery and Conditions | The Promoter will deliver the Prize to the winner by electronic mail and/or pre paid mail provided the winner has claimed the Prize by the Claim Date and the Promoter has:
· validated the winner is a real person and has complied with the Terms and Conditions (including the Entry Restrictions); and · received from the winner: o the winner’s passport and his/her travel companions’ passport (each with no less than six (6) months validity from the date of the return flight in the Prize); o drivers’ licence and/or birth certificate for both the winner and his/her travel companion; and o any other details as reasonably required by the Promoter in relation to this Promotion and the Prize. In the event the winner is not eligible for the Prize in accordance with the Terms and Conditions (including but not limited to the Entry Restrictions and these Prize Delivery and Conditions), the Promoter reserves the right to redraw the Prize. |
Unclaimed Prize | In the event the winner does not accept and/or claim the Prize by the Claim Date, the Prize will be redrawn two (2) months after the Notification Date at the same time and in the same place as the original draw (subject to any directions from a regulatory authority). The winner of the redraw will be notified by email and phone within seven (7) days of the redraw. |
Contact Details | For any inquiries regarding this Promotion, please contact the Promoter on gday@mollydookerwines.com.au or (08) 8323 6500. |
Terms and Conditions
- Capitalised terms used in these Terms and Conditions have the same meaning given to them in the Schedule (as that term in the left column of the Schedule is defined in the corresponding cell of the right column or otherwise defined in the Schedule).
- The Schedule, information on how to enter and the Prize form part of these Terms and Conditions. The entrant agrees and acknowledges that they have read these Terms and Conditions (and Schedule) and that entry into the Promotion is deemed to be acceptance of the Terms and Conditions.
- Entry is open only to residents of the Relevant State/s who comply with the Entry Restrictions.
- The Promotion will be conducted during the Promotion Period.
- To enter the Promotion, entrants must follow the Entry Method during the Promotion Period.
- Valid and eligible entries must be received by the Promoter during the Promotion Period. Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
- Where entry is allowed by purchase or subscription, the cost of the product or service is no greater than the cost would be without the opportunity to participate in the Promotion.
- No entry fee is charged by the Promoter to enter the Promotion. Where entry is allowed online, there is no additional cost to enter the Promotion other than any cost paid by the entrant to access the website or social media platform of entry via their internet service provider.
- The winner and the winner’s travel companion must at the very least be able and willing to travel on the dates specified by the Promoter in the description of the Prize.
- The value of the Prize is accurate and based upon the recommended retail value of the Prize (inclusive of GST) at the date of printing. The exact cost of any flights included as part of the Prize will vary depending on the winner’s place of departure. The Promoter accepts no responsibility for any variation in the value of the Prize after that date.
- Frequent flyer points will not be awarded and do not form part of the Prize.
- The winner may be required to present their credit card at accommodation check in.
- The Prize requires the winner to contact the travel agency (provided by the Promoter) and/or Promoter in order to book travel.
- If the Prize (or portion of the Prize) is unavailable, the Promoter reserves the right to substitute the Prize (or that portion of the Prize) to a prize of equal or greater value and specification, subject to applicable laws and subject to the approval of the relevant authorities in each Relevant State, if required.
- The Prize is subject to any additional terms and conditions imposed by the prize supplier or the Promoter, including, as relevant:
- booking and availability; and
- any additional fees (payable by the winner) relating to changes made by the winner to the Prize after it has been booked.
- The Promoter will ensure each draw is open for public scrutiny and anyone may witness the draw on request. The winner of the Prize is determined by chance.
- The Prize will be awarded to the person named in the entry and any entry that is made on behalf of an entrant or by a third party will be invalid. If there is a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or winner.
- As a condition of accepting a prize, the winner may be required to sign any legal documentation as and in a form required by the Promoter and/or the prize supplier in their absolute discretion, including but not limited to a legal release and indemnity form.
- If the Prize is provided to the Promoter by a third party, the Prize is subject to the terms and conditions of the third party prize supplier. The terms and conditions which apply to the Prize at the time it is issued to the winner will prevail over these Terms and Conditions in the event of any inconsistency. To the extent permitted by law, the Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the Prize, any delay or failure relating to the Prize itself or failure by the third party to meet any of its obligations in these Terms and Conditions or otherwise.
- The winner and the winner’s travel companion are responsible for ensuring they have valid passports (with no less than six months validity on each passport from the date of the return flight in the Prize), and any required visas, vaccinations, travel documentation and relevant insurance (including the expenses incurred as a result of meeting or not meeting (as the case may be) such requirements). All other expenses, additional or incidental costs, associated with receiving and using the Prize are the sole responsibility of the winner (including but not limited to any domestic flights within Australia from/to the winners place of residence to/from the closest Australian capital city, baggage fees, meals, drinks, airport transfers, room service, telephone charges, any federal, state and local taxes and any other costs and expense not expressly stated in the Prize).
- The winner is responsible for ensuring they have undertaken any required health checks and/or immunisations and they have checked for travel warnings, eligibility and requirements, and any perceived hazards with appropriate authorities. Any expenses incurred as a result of meeting or not meeting (as the case may be) such requirements are the sole responsibility of the winner and the winner’s travel companion.
- The Promoter makes no representation as to the safety, conditions or other issues that may exist at any of the destinations or events forming part of the Prize. It is the sole responsibility of winner to check government advisories and/or conditions regarding the safety and situation of any such destinations.
- If any winner chooses not to take the Prize (or is unable to), or does not take or claim the Prize within a reasonable time, as specified by the Promoter, or is unavailable, they forfeit the Prize and the Promoter is not obliged to substitute the Prize or provide compensation.
- For the purposes of public statements and advertisements, the Promoter may only publish the winner’s surname, initial and State/Territory or postcode of residence.
- The winner will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.
- If for any reason any aspect of this Promotion is not capable of running as planned, including (but not limited) by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify the Prize, subject to applicable laws and subject to the approval of the relevant authorities in each Relevant State, if required.
- If due to any reason whatsoever the Promoter becomes aware after an entrant has won the Prize that the entrant has not complied with these Terms and Conditions, that entrant will have no entitlement to the Prize, even if the Promoter has announced them as a winner and that entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the Prize.
- The Promoter reserves the right, at any time and in its sole discretion, to verify the validity and eligibility of entries and entrants (including verifying the entrant’s identity, age and place of residence). Incomplete, indecipherable, inaudible, incorrect and ineligible entries, as applicable, will at the Promoter’s discretion be deemed invalid and not eligible to win. The use of any automated entry software or any other electronic or mechanical means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
- The Promoter reserves the right, at any time and in its sole discretion, to disqualify and prohibit further participation by any entrant who the Promoter has reason to believe has:
- breached any of these Terms and Conditions;
- fails to verify their personal details, identity and/or eligibility to enter the Promotion to the Promoter’s satisfaction;
- tampered with the entry process;
- engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Promotion.
- Nothing in these Terms and Conditions limits, restricts, excludes or modifies or purports to limit, restrict, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2001 (Cth), as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 (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 and its Personnel and Associated Entities exclude all liability (including negligence) for any Claim arising in any way out of the promotion, including but not limited to:
- any technical difficulties or equipment malfunction (whether or not under the Promoter’s control) including but not limited to any problems or technical malfunction of any communication network or for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise;
- any theft, unauthorised access or third party interference;
- any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after its receipt by the Promoter);
- any variation to the Prize (including but not limited to its value) stated in these Terms and Conditions;
- any cancellation, modification, suspension or delay of the Promotion;
- any delay or failure by a third party to deliver the Prize, or any delay or failure relating to the Prize itself (including any negative experience encountered by the winner and/or the winner’s travel companion, including but not limited to cancellation, changes or delays of flights or other transport arrangements, inclement weather or any illness experienced) or failure by any third party to meet any of its obligations in connection with the Prize;
- any tax liability incurred by a winner or entrant;
- use of a Prize;
- any other event or problem in connection with the Prize.
- All entrants indemnify, and releases, the Promoter and its Personnel and Associated Entities and keep the Promoter and its Personnel and Associated Entities indemnified at all times in respect of any Claim (and must pay to the Promoter on demand the amount of such Claim) which the Promoter may suffer, sustain or incur by reason or on account of:
- any breach of these Terms and Conditions;
- any act or omission of the entrants or its Personnel and Associated Entities;
- the entrant and/or his/her travel companion failing to comply with and/or obtain the necessary travel requirements (including but not limited to passports, visas, vaccinations, travel documentation and relevant insurance),
in connection with the Promotion.
- Costs associated with accessing the Promoter’s website remain an entrant’s responsibility and may vary depending on Internet service provider used.
- Entrants acknowledge that there may be inherent risks in some aspects of the Promotion or the Prize, and that participation in the Promotion and/or using the Prize may involve participating in dangerous activities. By entering this Promotion and/or accepting the Prize, entrants accept that risk.
- In the event that there is a dispute concerning the conduct of the Promotion or claiming the Prize, the Promoter will resolve the dispute in direct consultation with the entrant. If the dispute cannot be resolved the Promoter’s decision will be final, subject to applicable laws and subject to the approval of the relevant authorities in each Relevant State, if required.
- The Promoter is not responsible for any dispute between the winner and any person with whom they choose to, or choose not to, share the Prize.
- The Promoter supports the responsible service of alcohol and encourages consumers to enjoy alcohol responsibly. Entrants will be refused service of alcohol or provision of an alcohol beverage if it would breach any laws, codes or policies including those of the relevant liquor licensee relating to the responsible service of alcohol. The Promoter may in its absolute discretion prohibit an entrant’s participation in this Promotion, cancel a Prize or otherwise cease to provide any benefit of a Prize to a winner and their companion/s if the entrant or the winner (or their companion/s), in the opinion of the Promoter, is under the influence of alcohol or any other drug, behaves aggressively or offensively, or behaves in a manner which may diminish the good name or reputation of the Promoter or any of its promotional partners (or of the business of the Promoter or any of its Personnel or Associated Entities), is contrary to law or is otherwise inappropriate. Legal aged consumers are advised to consider the safe drinking levels recommended in the National Health and Medical Research Council Australian Guidelines to Reduce Health Risks from Drinking Alcohol. A full version of these Guidelines is available at https://nhmrc.gov.au/about-us/publications/australian-guidelines-reduce-health-risks-drinking-alcohol. Please refer to the GL4001 ‘Liquor promotion guidelines’ and GL4003 ‘intoxication guidelines’ at https://www.liquorandgaming.nsw.gov.au/.
- 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 supplier, and, if 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 http://mollydookerwines.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.
- Where this competition is communicated and/or conducted via a social media platform (including, but not limited to, Facebook, Instagram and/or Twitter), entrants acknowledge that use of social media platforms generally is subject to the prevailing terms and conditions of use of the social media platform (including, but not limited to, Facebook, Instagram and/or Twitter). The Promotion is in no way sponsored, endorsed or administered by, or associated with, any social media platform (including, but not limited to, Facebook, Instagram and/or Twitter). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, any and all social media platforms will not be liable for, and all entrants agree to release any and all social media platforms from, 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 the Prize). Any questions, comments or complaints about the Promotion must be directed to the Promoter and not to any social media platform used in conjunction with this Promotion (including, but not limited to, Facebook, Instagram and/or Twitter).
- The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the Prize or acceptance of the Prize.
- Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.
- Unless the contrary intention appears, a reference in these Terms and Conditions or in any advertisement relating to this Promotion to Australian dollars, dollars, AUD$ or $ is a reference to the lawful currency of Australia.
- The Promoter reserves the right to alter the Terms and Conditions at any time, subject to applicable laws and subject to the approval of the relevant authorities in each Relevant State, if required.
- This Promotion is governed by the laws of South Australia. In the case of a dispute, the courts of South Australia and the South Australian division of the Federal Court of Australia will have non-exclusive jurisdiction and no entrant may object to the jurisdiction of any of those courts on the ground that it is an inconvenient forum or that it does not have jurisdiction.
- Unless otherwise specified, in these Terms and Conditions:
- Associated Entity has the meaning given in section 50AAA of the Corporations Act 2001 (Cth);
- Claim means any claim, cost, damages, debt, expense, tax, liability, allegation, suit, action, demand, cause of action, proceeding or judgment of any kind (including Loss);
- Consequential Loss means all means pure economic loss, any loss of or damage to revenue, profits, savings, contract, use, production, goodwill, business or business opportunity or consequential or indirect loss or damage;
- 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;
- Loss means any loss, damage, liability, charge, cost, expense or obligation of any kind (whether actual, prospective or contingent and inclusive of legal costs and expenses of whatsoever nature or description) however and whenever arising and includes amounts which, for the time being, are not ascertained or ascertainable (including any Consequential Loss); and
- Personnel means, in relation to a party, means the party’s officers, employees, agents and contractors and includes an officer, employee, agent or contractor of an Associated Entity of that party.
- Capitalised terms used in these Terms and Conditions have the same meaning given to them in the Schedule (as that term in the left column of the Schedule is defined in the corresponding cell of the right column or otherwise defined in the Schedule).
- The Schedule, information on how to enter and the Prize form part of these Terms and Conditions. The entrant agrees and acknowledges that they have read these Terms and Conditions (and Schedule) and that entry into the Promotion is deemed to be acceptance of the Terms and Conditions.
- Entry is open only to residents of the Relevant State/s who comply with the Entry Restrictions.
- The Promotion will be conducted during the Promotion Period.
- To enter the Promotion, entrants must follow the Entry Method during the Promotion Period.
- Valid and eligible entries must be received by the Promoter during the Promotion Period. Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
- Where entry is allowed by purchase or subscription, the cost of the product or service is no greater than the cost would be without the opportunity to participate in the Promotion.
- No entry fee is charged by the Promoter to enter the Promotion. Where entry is allowed online, there is no additional cost to enter the Promotion other than any cost paid by the entrant to access the website or social media platform of entry via their internet service provider.
- The winner and the winner’s travel companion must at the very least be able and willing to travel on the dates specified by the Promoter in the description of the Prize.
- The value of the Prize is accurate and based upon the recommended retail value of the Prize (inclusive of GST) at the date of printing. The exact cost of any flights included as part of the Prize will vary depending on the winner’s place of departure. The Promoter accepts no responsibility for any variation in the value of the Prize after that date.
- Frequent flyer points will not be awarded and do not form part of the Prize.
- The winner may be required to present their credit card at accommodation check in.
- The Prize requires the winner to contact the travel agency (provided by the Promoter) and/or Promoter in order to book travel.
- If the Prize (or portion of the Prize) is unavailable, the Promoter reserves the right to substitute the Prize (or that portion of the Prize) to a prize of equal or greater value and specification, subject to applicable laws and subject to the approval of the relevant authorities in each Relevant State, if required.
- The Prize is subject to any additional terms and conditions imposed by the prize supplier or the Promoter, including, as relevant:
- booking and availability; and
- any additional fees (payable by the winner) relating to changes made by the winner to the Prize after it has been booked.
- The Promoter will ensure each draw is open for public scrutiny and anyone may witness the draw on request. The winner of the Prize is determined by chance.
- The Prize will be awarded to the person named in the entry and any entry that is made on behalf of an entrant or by a third party will be invalid. If there is a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or winner.
- As a condition of accepting a prize, the winner may be required to sign any legal documentation as and in a form required by the Promoter and/or the prize supplier in their absolute discretion, including but not limited to a legal release and indemnity form.
- If the Prize is provided to the Promoter by a third party, the Prize is subject to the terms and conditions of the third party prize supplier. The terms and conditions which apply to the Prize at the time it is issued to the winner will prevail over these Terms and Conditions in the event of any inconsistency. To the extent permitted by law, the Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the Prize, any delay or failure relating to the Prize itself or failure by the third party to meet any of its obligations in these Terms and Conditions or otherwise.
- The winner and the winner’s travel companion are responsible for ensuring they have valid passports (with no less than six months validity on each passport from the date of the return flight in the Prize), and any required visas, vaccinations, travel documentation and relevant insurance (including the expenses incurred as a result of meeting or not meeting (as the case may be) such requirements). All other expenses, additional or incidental costs, associated with receiving and using the Prize are the sole responsibility of the winner (including but not limited to any domestic flights within Australia from/to the winners place of residence to/from the closest Australian capital city, baggage fees, meals, drinks, airport transfers, room service, telephone charges, any federal, state and local taxes and any other costs and expense not expressly stated in the Prize).
- The winner is responsible for ensuring they have undertaken any required health checks and/or immunisations and they have checked for travel warnings, eligibility and requirements, and any perceived hazards with appropriate authorities. Any expenses incurred as a result of meeting or not meeting (as the case may be) such requirements are the sole responsibility of the winner and the winner’s travel companion.
- The Promoter makes no representation as to the safety, conditions or other issues that may exist at any of the destinations or events forming part of the Prize. It is the sole responsibility of winner to check government advisories and/or conditions regarding the safety and situation of any such destinations.
- If any winner chooses not to take the Prize (or is unable to), or does not take or claim the Prize within a reasonable time, as specified by the Promoter, or is unavailable, they forfeit the Prize and the Promoter is not obliged to substitute the Prize or provide compensation.
- For the purposes of public statements and advertisements, the Promoter may only publish the winner’s surname, initial and State/Territory or postcode of residence.
- The winner will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.
- If for any reason any aspect of this Promotion is not capable of running as planned, including (but not limited) by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify the Prize, subject to applicable laws and subject to the approval of the relevant authorities in each Relevant State, if required.
- If due to any reason whatsoever the Promoter becomes aware after an entrant has won the Prize that the entrant has not complied with these Terms and Conditions, that entrant will have no entitlement to the Prize, even if the Promoter has announced them as a winner and that entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the Prize.
- The Promoter reserves the right, at any time and in its sole discretion, to verify the validity and eligibility of entries and entrants (including verifying the entrant’s identity, age and place of residence). Incomplete, indecipherable, inaudible, incorrect and ineligible entries, as applicable, will at the Promoter’s discretion be deemed invalid and not eligible to win. The use of any automated entry software or any other electronic or mechanical means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
- The Promoter reserves the right, at any time and in its sole discretion, to disqualify and prohibit further participation by any entrant who the Promoter has reason to believe has:
- breached any of these Terms and Conditions;
- fails to verify their personal details, identity and/or eligibility to enter the Promotion to the Promoter’s satisfaction;
- tampered with the entry process;
- engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Promotion.
- Nothing in these Terms and Conditions limits, restricts, excludes or modifies or purports to limit, restrict, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2001 (Cth), as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 (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 and its Personnel and Associated Entities exclude all liability (including negligence) for any Claim arising in any way out of the promotion, including but not limited to:
- any technical difficulties or equipment malfunction (whether or not under the Promoter’s control) including but not limited to any problems or technical malfunction of any communication network or for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise;
- any theft, unauthorised access or third party interference;
- any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after its receipt by the Promoter);
- any variation to the Prize (including but not limited to its value) stated in these Terms and Conditions;
- any cancellation, modification, suspension or delay of the Promotion;
- any delay or failure by a third party to deliver the Prize, or any delay or failure relating to the Prize itself (including any negative experience encountered by the winner and/or the winner’s travel companion, including but not limited to cancellation, changes or delays of flights or other transport arrangements, inclement weather or any illness experienced) or failure by any third party to meet any of its obligations in connection with the Prize;
- any tax liability incurred by a winner or entrant;
- use of a Prize;
- any other event or problem in connection with the Prize.
- All entrants indemnify, and releases, the Promoter and its Personnel and Associated Entities and keep the Promoter and its Personnel and Associated Entities indemnified at all times in respect of any Claim (and must pay to the Promoter on demand the amount of such Claim) which the Promoter may suffer, sustain or incur by reason or on account of:
- any breach of these Terms and Conditions;
- any act or omission of the entrants or its Personnel and Associated Entities;
- the entrant and/or his/her travel companion failing to comply with and/or obtain the necessary travel requirements (including but not limited to passports, visas, vaccinations, travel documentation and relevant insurance),
in connection with the Promotion.
- Costs associated with accessing the Promoter’s website remain an entrant’s responsibility and may vary depending on Internet service provider used.
- Entrants acknowledge that there may be inherent risks in some aspects of the Promotion or the Prize, and that participation in the Promotion and/or using the Prize may involve participating in dangerous activities. By entering this Promotion and/or accepting the Prize, entrants accept that risk.
- In the event that there is a dispute concerning the conduct of the Promotion or claiming the Prize, the Promoter will resolve the dispute in direct consultation with the entrant. If the dispute cannot be resolved the Promoter’s decision will be final, subject to applicable laws and subject to the approval of the relevant authorities in each Relevant State, if required.
- The Promoter is not responsible for any dispute between the winner and any person with whom they choose to, or choose not to, share the Prize.
- The Promoter supports the responsible service of alcohol and encourages consumers to enjoy alcohol responsibly. Entrants will be refused service of alcohol or provision of an alcohol beverage if it would breach any laws, codes or policies including those of the relevant liquor licensee relating to the responsible service of alcohol. The Promoter may in its absolute discretion prohibit an entrant’s participation in this Promotion, cancel a Prize or otherwise cease to provide any benefit of a Prize to a winner and their companion/s if the entrant or the winner (or their companion/s), in the opinion of the Promoter, is under the influence of alcohol or any other drug, behaves aggressively or offensively, or behaves in a manner which may diminish the good name or reputation of the Promoter or any of its promotional partners (or of the business of the Promoter or any of its Personnel or Associated Entities), is contrary to law or is otherwise inappropriate. Legal aged consumers are advised to consider the safe drinking levels recommended in the National Health and Medical Research Council Australian Guidelines to Reduce Health Risks from Drinking Alcohol. A full version of these Guidelines is available at https://nhmrc.gov.au/about-us/publications/australian-guidelines-reduce-health-risks-drinking-alcohol. Please refer to the GL4001 ‘Liquor promotion guidelines’ and GL4003 ‘intoxication guidelines’ at https://www.liquorandgaming.nsw.gov.au/.
- 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 supplier, and, if 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 http://mollydookerwines.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.
- Where this competition is communicated and/or conducted via a social media platform (including, but not limited to, Facebook, Instagram and/or Twitter), entrants acknowledge that use of social media platforms generally is subject to the prevailing terms and conditions of use of the social media platform (including, but not limited to, Facebook, Instagram and/or Twitter). The Promotion is in no way sponsored, endorsed or administered by, or associated with, any social media platform (including, but not limited to, Facebook, Instagram and/or Twitter). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, any and all social media platforms will not be liable for, and all entrants agree to release any and all social media platforms from, 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 the Prize). Any questions, comments or complaints about the Promotion must be directed to the Promoter and not to any social media platform used in conjunction with this Promotion (including, but not limited to, Facebook, Instagram and/or Twitter).
- The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the Prize or acceptance of the Prize.
- Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.
- Unless the contrary intention appears, a reference in these Terms and Conditions or in any advertisement relating to this Promotion to Australian dollars, dollars, AUD$ or $ is a reference to the lawful currency of Australia.
- The Promoter reserves the right to alter the Terms and Conditions at any time, subject to applicable laws and subject to the approval of the relevant authorities in each Relevant State, if required.
- This Promotion is governed by the laws of South Australia. In the case of a dispute, the courts of South Australia and the South Australian division of the Federal Court of Australia will have non-exclusive jurisdiction and no entrant may object to the jurisdiction of any of those courts on the ground that it is an inconvenient forum or that it does not have jurisdiction.
- Unless otherwise specified, in these Terms and Conditions:
- Associated Entity has the meaning given in section 50AAA of the Corporations Act 2001 (Cth);
- Claim means any claim, cost, damages, debt, expense, tax, liability, allegation, suit, action, demand, cause of action, proceeding or judgment of any kind (including Loss);
- Consequential Loss means all means pure economic loss, any loss of or damage to revenue, profits, savings, contract, use, production, goodwill, business or business opportunity or consequential or indirect loss or damage;
- 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;
- Loss means any loss, damage, liability, charge, cost, expense or obligation of any kind (whether actual, prospective or contingent and inclusive of legal costs and expenses of whatsoever nature or description) however and whenever arising and includes amounts which, for the time being, are not ascertained or ascertainable (including any Consequential Loss); and
- Personnel means, in relation to a party, means the party’s officers, employees, agents and contractors and includes an officer, employee, agent or contractor of an Associated Entity of that party.
Delivery
How will you know when your wines are coming?
Mollydooker ships using Australia Post General, who will provide you with an email which includes tracking details to let you know when your wine is on its way. Please allow ten working days for delivery.
Warm weather
In the warmer months, to protect your wine shipment from heat damage you have the option to upgrade to TNT Express or we can process your order at a later date.
What happens if no one is available to accept delivery?
A card will be left at your address and you will be able to collect your wines from your local Australia Post depot or at the nearest TNT facility (express option). Please keep in mind if your wines are left at either of these destinations, they may be exposed to heat and could potentially become damaged. We encourage you to collect them as soon as you can!
MollyClub Subscription
The Mollydooker wine club (“MollyClub”) is operated by Mollydooker Wines Pty Ltd at [23 Coppermine Road, Mclaren Vale] (“Mollydooker”). To join the MollyClub, you must be 18 years of age or over, be a resident of and living in Australia and agree to the terms and conditions set out below. Shipments are for Members’ personal consumption only and must not be used for retail sale or shipped internationally with intent to sell to businesses or individuals.
Mollydooker reserves the right to request verification of age, identity, residential address of Members and any other information relevant to Membership or participation in the MollyClub. Verification is at the discretion of Mollydooker, whose decision is final.
MollyClub is a subscription service. By joining, Members acknowledge that their wine shipments will be automatically charged to their nominated credit card at the time of shipment. To qualify for MollyClub membership, customers are required to sign up to for three annual shipments of six bottles, set at $250 per shipment, delivered in Spring, Autumn & Winter. Wine selection can be customised, providing the $250 minimum spend is maintained.
Members can expect delivery within 12 working days of their credit card being charged.
Mollydooker will provide Members with three weeks notice before the shipment is processed, where they have the opportunity to update details or change wine selection.
Mollydooker will send Members an email two days before payment will be charged, upon which your shipment will be prepared for delivery.
Members can cancel club membership any time after third delivery, however this will also cancel 20% loyalty pricing benefits and all additional benefits relating to the club tier.
MollyClub 20% loyalty pricing applies to cellar door prices for standard format (750ml) Mollydooker wines only. This pricing does not include merchandise, food. 20% loyalty pricing cannot be used in conjunction with any other offers. MollyClub membership is valid for 1 year from the date of subscription.
Mollydooker reserves the right, at its sole discretion, to vary the products that are included in the MollyClub 20% loyalty pricing.
Prices, selections, vintages and dates are subject to change.
Customers who skip 2 shipments within a year will have the authenticity of their MollyClub membership reviewed.
Customers who intentionally sign up to the MollyClub shipments, purchase wine at 20% loyalty pricing and then cancel their shipments will have the authenticity of their MollyClub membership reviewed.
Left Handshakes
Left Handshakes are credited to the Members account for every $200 spent, selected special events, or at the discretion of Mollydooker. Left Handshakes are not redeemable for cash or credit and Left Handshakes accrued within the year of subscription will expire on the anniversary of the subscription date.
Tiers
Access to Lefty Tier Membership requires signing up to the three MollyClub annual shipments of 6 bottles and $750 annual spend on Mollydooker wine to qualify. Shipments will be set at $250 each, delivered in Spring, Autumn & Winter.
Access to Family Tier Membership requires signing up to the three MollyClub annual shipments of 6 bottles and $2000 annual spend on Mollydooker wine to qualify. Shipments will be set at $250 each, delivered in Spring, Autumn & Winter.
Love Tier Membership requires signing up to the three MollyClub annual shipments of 6 bottles and $5000 annual spend on Mollydooker wine to qualify. Shipments will be set at $250 each, delivered in Spring, Autumn & Winter. Love Tier Membership includes complimentary tickets for two people to Mollydooker events. Love Tier Membership also includes a private dinner in your state with Sarah or Luke Marquis.
At its discretion, Mollydooker can disqualify membership for failure to comply with these terms, and can refuse any future attempts to rejoin the MollyClub.
Shipments
All Shipments must be delivered to the Member, or another adult person at the delivery address who undertakes to accept the Shipment on the Member’s behalf, or in accordance with the Member’s instructions. Anyone at the Member’s delivery address who receives the Shipment will be presumed by Mollydooker to be authorised to receive the Shipment on the Member’s behalf. Mollydooker may request that the person who receives the Shipment at the Delivery Address provide satisfactory evidence of proof of age to the person responsible for delivery of the Shipment. Mollydooker will refuse to deliver the Shipment if the person receiving the Shipment is unable or unwilling to provide evidence of proof of age. The Shipment will not be delivered to persons under the age of 18 years or to persons who fail to provide proof of age satisfactory to Mollydooker that the person is aged 18 years or over.
Upon delivery of the Shipments, all risk and title shall pass to the Member and the Member shall bear the risk of any loss, damage or deterioration of or to the goods from such time.
In the event that the Shipments are damaged or lost during transit, the Member must, within 14 working days of delivery of the goods, contact Mollydooker giving reasonable particulars of any such alleged damage or partial loss, including photographic evidence. The Member acknowledges and agrees that no claim whatsoever shall be accepted by Mollydooker for any damage to or loss of Shipments which occurred during transit where notice is not provided within this period. On accepting the Member’s claim, Mollydooker will, at its discretion, replace or refund the goods and pay for any additional delivery charges.
The member understands that it is their responsibility to inform Mollydooker of any change in address and delivery details. Charges incurred with recovery of wines to an old or incorrect address will be the responsibility of the member.
If a wine is found to be faulty Mollydooker will be happy to offer a replacement or refund. Please send an email to gday@mollydookerwines.com.au or call us on 08 8323 6500 to notify us of any damages, incorrect orders or faults and arrange for the replacement or return of the product. Once the details or wine/s are received we will assess the situation or wine fault and refund your credit card account for the cost of the wine less shipping and handling. If the original shipment was damaged or flawed you will receive a full refund including shipping and handling charges.
Communication
Mollydooker reserves the right, at its sole discretion, to vary the terms and conditions. Should Mollydooker vary the terms and conditions of MollyClub, it will notify the Member via the email address provided by the Member. Your continued participation in the MollyClub after such notification will constitute your deemed acceptance of such variations.
Pricing
Prices are subject to alteration. We endeavour to update the website prices whenever a change takes place. All wines are offered subject to availability and remain the property of Mollydooker Wines Pty Ltd until payment is received in full. 10% GST payable on shipments within Australia is included in the prices.
International purchases
All Mollydooker wine purchases must be used for personal consumption, and not used for retail sale or shipped internationally with intent to sell to businesses or individuals. Mollydooker wines are for consumption in country of purchase (Australia or United States) and are not to be shipped to international destinations with intent to profit. Mollydooker reserves the right to refuse orders that do not comply with terms of sale. For trade queries, please email luke@mollydookerwines.com.au for support.
Events
Although we will make all reasonable efforts to ensure events will run as scheduled, Mollydooker Pty Ltd reserves the right to make any necessary changes to events, including cancellation, where required. If an event is cancelled, a refund will be provided. Any other costs including flights and accommodation will not be covered.